Last Updated January, 2015
The purpose of this Agreement between Kmaru.com (the “KMARU”, “we” or “us”) and user (the “You”, “Your” or “Member”) is to stipulate the terms and conditions of using the services offered by KMARU including our applications for the Mobile OS (defined below) (the “Applications”), Application publishing network and interactive platform (the “KMARU”) provided with Applications and the kmaru.com and its sub domains (“Sites”) any and all of the foregoing (the “Services”).
KMARU reserves the right, at its sole and absolute discretion, to revise, amend, change, add to, delete, or update all or portions of the terms of this Agreement, provided that KMARU has reasonable grounds and complies with the applicable laws.
You agree to regularly check for new modifications and notices made to this Agreement through the Services and that such responsibility complies by the User. KMARU will not be liable for damages incurred by Members due to the Member being unaware of such modification and notice.
If you refuse to agree to the terms of modification, your only recourse is to cease using the Service.
Applications are published for the iPhone, iPod Touch and all platforms or devices that are based on or embed current and future versions of Apple’s operating system for these platforms or devices (collectively “iOS”), for all platforms or devices that are based on or embed current and future version of Google’s operating system for these platforms or devices (collectively “Android OS”), and all platforms or devices that are based on or embed current and future version of Samsung’s operating system for these platforms or devices (collectively “BADA Platform”).
Certain types of content are made available through the Site and Services. “Content” means, collectively, the text, data, graphics, images, illustrations, forms and look and feel attributes, KMARU trademarks and logos and other content made available through the Site and Services and any Customizations, excluding User Content. “User Content” means the, text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by a Member via the Site or Services. “Customizations” means the modifications, designs or enhancements to Content as a result of a Member’s or a non-registered user’s customization of a character using one of our interactive templates or design tools. For the avoidance of doubt, Customizations do not include User Content.
Eligibility and Membership Registration
You have to establish an account in the Services upon completion of the registration process with ID or USER NAME and PASSWORD. When creating such accounts, you may be required to provide certain personal information. You agree that you will supply accurate information when requested, and that such information will be updated promptly after it changes. If you have been classified to have registered inaccurate information, KMARU can restrict the use of its Services even if your subscription was voluntary. KMARU can also classify such User as an illegal user and restrain or block such user for a given period of time to prevent harm to other Users.
Only you are eligible to register and use your own account. Registering and/or using the services with the account of someone else, notwithstanding a mutual agreement between the members, shall be deemed as providing false information and KMARU may restrict or even cancel such account.
There will be an event that we request that you go through an email certification process and you shall follow the instruction for the email certification.
You are also responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify KMARU of any unauthorized use of your account.
Any person who is under the age of 14 is not eligible to create an account. Any person who has been previously banned from our service is not eligible to create an account.
Once you complete the registration, you become a Member.
You are responsible for maintaining the confidentiality of your User Name and password, for all use of your “ID” or “User Name” and “Password”, whether or not authorized by you. In addition, note that the security of your account is your responsibility. KMARU is not responsible in any event that your account is hacked, or if your account or device is damaged by a virus, or for any other issues with your computer on your account which may occur in conjunction with your use of Services.
Ownership and Use
All properties rights of all content provided by KMARU Services and other are fully owned by KMARU. Users are granted rights to use the Content provided by KMARU and User Content provided by KMARU Services under the limitations of KMARU. You may access and use our Services only for your personal and non-commercial use. You may not modify or use the materials for any other purpose, except with the express written consent of the Services.
Except as provided below, you may not download, reproduce, copy, sell, post, transmit, publicly perform, publicly display or otherwise distribute any materials of the Services. Any software or content made available for download from KMARU is licensed for use subject to the terms of the applicable license agreement, if any, which accompanies or is included with the software or content. If the software or content is not accompanied by a license agreement, the following terms shall apply: KMARU hereby grants to you a personal, limited, revocable, non-transferable license to use a single copy of the software and content on one personal computer or other compatible electronic device, provided that you do not copy, modify, sell, assign, reverse engineer or otherwise attempt to gain access to the source code of the software or content or create derivative works from the software or content.
By providing your User Content on or through our Services, you have given KMARU a royalty-free license and the rights to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of our Services. KMARU will not claim ownership rights to such User Content. You must also know that the User Content will be on public display and understand that other Users of the past, present and future may develop User Content which is identical or similar to yours. KMARU will assume that the User Content belongs to the first user to post the content on our service. By posting your User Content, you hereby irrevocably release and forever discharge KMARU, its Users and their affiliates and subsidiaries from any and all actions, claims, damages and liabilities.
You may not link to or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KMARU and Services without obtaining our express written consent.
You may not use any meta tags or any other “hidden text” utilizing Services and Applications’ name or trademarks without the express written consent of KMARU. Any unauthorized use terminates the permission or license granted by KMARU.
Virtual Goods, Virtual Currency and In App Purchase
KMARU may request Users to provide billing information while the User chooses to use virtual goods (“Virtual Goods”) obtained by credits, points, virtual currency or any method of similar use (collectively “Virtual Currency”) or real world money. KMARU has the rights to use all Virtual Goods and Virtual Currency that appears in the Services, including, but not limited to, any KMARU application or Third Party Mobile Application, whether earned through the Application, as a purchase inside the service (“In App Purchase”), or any other attributes associated with the account or stored on the Service. It is the sole right of KMARU to set and change the price regarding Virtual Goods and Virtual Currency. You may not sell, or attempt to sell, Virtual Goods or Currency outside of any KMARU application or Third Party Mobile Application, unless expressly authorized to do so by KMARU in writing.
User is obliged to be true and sincere when providing billing information. By providing the billing information, the user also agrees to pay all fees and applicable taxes regarding the purchases by you and/or anyone using your account registered to you. KMARU will perform legal actions possible against users providing fraud billing information. KMARU may make additional charges to the User in the case of late payments. KMARU does not provide refunds for Virtual Goods or Currency. Virtual Goods or Currency have no redeemable cash value.
General Prohibition and Termination
You agree not to do any of the following while using the Site, Services or Content:
1. Use the Service with intent to infringe, damage, disturb the public order, and fine customs or for the purpose of commerce, business, profit; or
2. Abuse, harass, threat, flame or intimidate of any person or organization; or
3. Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that are illegal, fraudulent, discriminatory, violent or defamatory; or
4. Send unwanted messages to other users; or
5. Attempt hacking or tamper with KMARU’s computer systems or Services; or
6. Transmit worms, viruses or harmful software; or
7. Illegal use, abuse, steal any third party’s name or properties; or
8. Provide false or third party’s information or don’t provide or fill out any information necessary in connection with using the Service; or
10. Violate any applicable law or regulation; or
11. Encourage or enable any other individual to do any of the foregoing.
KMARU and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content including Applications, or cancel orders in their sole discretion. In the event that your account is terminated or cancelled by you or by KMARU, no refund will be granted and you will no longer have access to Applications and Services. No Services or time spent on Applications will be converted to cash or any other form of compensation.
You may terminate your account at any time and for any reason by sending email to email@example.com. Upon any termination by a Member, the related account will no longer be accessible.
Furthermore, KMARU will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
Interactions between Users
Use of Minor and Consent of Parents
If you are minor, under the legal age of majority in state, country of your residence, you shall obtain consent from one of your parents and/or your legal guardians for joining member and using this Service. You may be requested the proof or verification of your age or such consent by us.
Links to Other Sites
Other third party websites linked from the Services are not under KMARU control and KMARU does not assume any responsibility or liability for any communications or materials available at such linked websites. The links are provided for convenience only and KMARU does not endorse the content, information or other materials made available via the linked websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. KMARU shall not be responsible or liable for any part of any such interactions.
Disclaimers and Warranties
THE APPLICATIONS AND SERVICES (INCLUDING THE WEBSITE, SERVICES, APPLICATION AND ALL OTHER CONTENT CONTAINED THEREIN) ARE PROVIDED “AS IN” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. KMARU, KMARU OR ITS AFFILIATES DOES NOT WARRANT THAT THE SERVICE OR THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVICE ARE FREE OF VIRUS OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
NEITHER KMARU NOR ANY OF ITS PARENTS, SUBSIDIARIES, LICENSORS, AFFILIATES OR REPRESENTATIVES SHALL BE RESPONSIBLE OR LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND THAT RESULT FROM THE IN-ABILITY TO USE, DURING THE USE OR MALFUNCTION OF THE SERVICE (INCLUDING BUT NOT LIMITED TO YOUR ACCOUNT, PLAYER CHARACTERS, STATISTICS, INVENTORIES AND USER PROFILE INFORMATION.)
Proprietary Rights: Trademarks
KMARU logos and all other trademarks, service marks, trade names and any other proprietary designations are owned by KMARU or its licensors and may be registered in some countries. Other company and product names appearing on this application and our websites may be trademarks of their respective owners and are used for the benefit of those owners.
Governing Laws and Jurisdiction
This Agreement is governed by, construed and interpreted in all respect under the laws of the Republic of Korea without regard to conflict of laws that would result in the application of the law of a different jurisdiction. In case any provision of this Agreement is found unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Except as otherwise specifically provided herein, this is the entire Agreement between the User and KMARU relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter.
Services provided by KMARU are hosted in the Republic of Korea. Users outside of the Republic of Korea must acknowledge that you are voluntarily transferring information (including Personal Information) and User Content to the Republic of Korea and agree to the collection, use, storage and sharing of the information and User Content by KMARU; and that the information and User Content is exclusively subject to the laws of the Republic of Korea and not of the jurisdiction in the state you are located in.
A. Service Time & Maintenance
The services are to be fully operated on a 24 hour daily basis with no holidays or breaks except for Technical or Management reasons of the corporation managing such services. Notices on the temporary service interruption for Technical or Management reasons will be posted ahead of time on the service website for user reference.
KMARU may suddenly take down the services of Applications and websites without any advanced notification for immediate system maintenance, to change or extend system equipments. KMARU may also stop all services under the circumstance where the quality of the service is below the accepted qualifications of KMARU until it exceeds the qualifications.
KMARU may partially restrict or limit the services to certain areas, personnel or take down the full service under the situation where regular service is impossible, such as national security emergencies, stoppage of power supply, problems with service equipments, etc. KMARU will post a notification on the service website ahead or after the service resumes its normal services.
KMARU may divide or limit the service and apply different service times to each area of limitation. But, KMARU must post a notice prior to this action.
B. Operation Team
KMARU shall manage an Operation Team, which shall constitute with Application Maters, Web Masters, Technical Engineers, etc, for the safety, stability, or maintenance of the Service. The role and authorities of the Operation team shall be as follows:
a) Log onto the Applications, Services and Sites for the purposes of testing or verifying causes of problems that may exist, and shall not give privileges to a particular User.
b) Give necessary restrictions to those that misbehave and perform illegal activities. Operation Team does not participate in a User’s Application play. However, if it is necessary, the Operation Team may give out warnings, close Applications, ban accounts for a limited amount of time, or ask to perform certain actions, and if the User does not carry out the demands, he/she may be restricted from certain aspects of the Application. As for the cases that are not listed on our Application policy, the Operation Team will make the soundest and fairest judgment by considering the law, agreement, common senses, and other possible evidences.
c) May not give out personal information of Users to anyone. The information is protected under Customer Privacy Protection, but may be given out to an organization for researching.
d) Cannot alter the User’s personal information or any other general information unless it is critical situation.
e) Shall work their best to support players and to provide highest quality of service.
C. Advertisement Content
KMARU may provide Advertisement Content on its Applications and such Content may be provided as an image, movie, item or other way during the Service. KMARU may use the log information that is needed to measure the presentation to serve advertising to the appropriate geographic region and to the right location in which the Advertisement may target. The log information may include Internet Protocol Address, User Name, In-Application location, length of time an advertisement was visible, size of the advertisement, and angle of view.
In addition, you may be assigned an id number, which is stored on your device and used by Ad providers to calculate the number of unique and repeated views of the advertisement. The id number is not associated with any personal data of you or any User and no log information shall be used to personally identify any User at any time.
D. Ratings, Comments and Feedbacks
Users are encouraged to make ratings and comments about our Services, however we advise Users to be in good judgment and pay caution in writing such comments and be aware of that the User and non-user can be held for legal responsibilities for any damages caused through ratings and comments that found to be defamatory.
Users may submit comments, suggestions and feedback that may improve our services, by posting on our webpage, Facebook page or emailing to firstname.lastname@example.org. User must acknowledge that any information given to us will be the sole and exclusive property of KMARU and you irrevocably assign to KMARU all of your right, title and interest provided in the Feedback, not limited to worldwide intellectual property rights. KMARU does not have any obligation to respond to or provide compensation to the Feedback.
A. Location-Based Services
KMARU is registered location-based service (or “LBS”) handler to the Korea Communications Commission. KMARU obeys the law, and the governing law related to location-based service of the Republic of Korea. The following provision regulates the rights, obligation and responsibility of the LBS provider servicing inside of the Republic of Korea. All users that have selected to use location-based weather service of “KMARU”, through the given in-Application options, are regarded to have agreed to the provision.
If you have any questions, complaints, comments regarding terms and conditions of this agreement please contact us by e-mailing at kmaru.com at gmail dot com.
In case of claims or complaints regarding Copyright, Intellectual Property, or Trademarks of the service, please contact us by e-mailing at kmaru.com at gmail dot com.