Last Updated: Dec 18,2020
THE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. PLEASE TAKE THE TIME TO READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PLAY THE GAME OR ACCESS THE SERVICE.
PLEASE NOTE THAT DIFFERENT TERMS MAY APPLY TO YOU BASED ON WHERE YOU LIVE. MAKE SURE YOU READ THE JURISDICTION-SPECIFIC TERMS FOR YOUR JURISDICTION OF RESIDENCE (AT THE BOTTOM OF THESE TERMS). THESE SPECIFIC TERMS CONCERN IMPORTANT ASPECTS OF OUR AGREEMENT, INCLUDING, WITHOUT LIMITATION, HOW YOU CONSENT TO THESE TERMS, YOUR CONSUMER RIGHTS (INCLUDING YOUR CANCELLATION RIGHT, IF APPLICABLE), OUR RIGHTS TO TERMINATE YOUR ACCOUNT, OUR WARRANTIES AND LIABILITY, AND THE LAW APPLICABLE TO THESE TERMS. THERE ARE CURRENTLY JURISDICTION-SPECIFIC TERMS FOR THE EUROPEAN UNION IN GENERAL AS WELL AS GERMANY, THE UNITED KINGDOM, AUSTRALIA, BRAZIL, CANADA, INDIA, INDONESIA, JAPAN, MACAO SAR, NEW ZEALAND, SOUTH KOREA AND THE PHILIPPINES.
Welcome to Idle Oil Capitalist (the “Game”), which is provided by Bytedance Pte. Ltd. or one of its affiliates (“Ohayoo”, “we” or “us”).
You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Game, the mobile application, the software imbedded therein, the features and functions thereof and @our related websites, services, applications, products and content (collectively, the “Services”). Any reference to the “Services” includes a reference to any part of the Services. For purposes of these Terms, “you” and “your” means you as the user of the Services. Our Services are provided to you only for private, non-commercial use.
The Services are only for users 13 years old and over (or alternative limits on the relevant age (“Relevant Age”)) that may be set forth in the Supplemental Terms – Jurisdiction-Specific to Privacy Policy). By accessing or using our Services, you confirm that you are over 13 or the Relevant Age and can form a binding contract with Ohayoo, that you accept these Terms and that you agree to comply with them. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
If you are over 13 or the Relevant Age but under the legal age to enter into a contract in your jurisdiction, your parents or legal guardian must read and agree to these Terms. If you do not have consent from your parents or legal guardians, you must cease accessing or using the Services. If we learn that someone under 13 or the Relevant Age is using the Services, we will terminate access to the Service for such user.
You should print off or save a local copy of the Terms for your records.
If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also agree to the supplemental terms applicable to you in the applicable jurisdiction as outlined below. If there is a conflict between the provisions of the Supplemental Terms – Jurisdiction-Specific that are applicable to you, and the rest of these Terms, the relevant jurisdictions’ Supplemental Terms – Jurisdiction-Specific will supersede and control.
We amend these Terms from time to time, to reflect changes to the Services, our users’ needs, our business priorities or to reflect changes in law. We will notify all users of any changes to these Terms, such as through a notice in our Game. However, you should also look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
You may access the Services as a guest.
We reserve the right to suspend or terminate your access to the Services at any time without any notice to you, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which would or might cause damage to or impair the Services or infringe or violate any third party rights (including intellectual property rights), or violate any applicable laws or regulations. You cannot suspend, deactivate or terminate your account. Termination of your account also entails the termination of the license to use the Service, or any part thereof.
If you access the Services as a guest and delete the Game from your device, or if your guest account is terminated, the information and data of your guest account will not be retrievable or recoverable to you but may be stored by us.
As between you and Ohayoo, Ohayoo owns any and all rights, title and interest in and to the Services and any and all data and content made available in and through the Services, including without limitation all software, computer code, tools, patches, updates, images, text, graphics, illustrations, logos, photographs, images, pictures, audio, sound effect, sound recording, videos, visual effect, music, music composition, user account, characters, character name, character profile, character likeness, artifacts, objects, inventories, weapons, map, location, location name, architecture, landscape design, story, storyline, theme, game play, catch phrase, dialogue, chat log, recording and broadcasts of game, matches, battles, duels, in-game items, in-game activities, the selection and arrangement thereof and “look and feel” of the Services, and all intellectual property rights related thereto (the “Ohayoo Content”).
You acknowledge that your use of the Ohayoo Content for any purpose not expressly permitted by these Terms is strictly prohibited. Ohayoo Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. You cannot create any work of authorship or proprietary right based on the Services (including Ohayoo Content). We and our licensors reserve all rights not expressly granted in and to their content.
Subject to these Terms, you are hereby granted a non-exclusive, personal, non-transferable, non-sublicensable, revocable limited license to access and use the Services, including to download the Game on a permitted device, and to access the Ohayoo Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Ohayoo reserves all rights not expressly granted herein in the Services (including Ohayoo Content). You acknowledge and agree that Ohayoo may terminate this license at any time for convenience subject to applicable law.
You agree that the Services may contain marketing or promotional content of the Game. You may use your device setting to opt out of receiving such marketing or promotional content.
Where our Services may contain links to other sites and resources provided by third parties, contain content provided by third parties, or run advertisements, promotion or marketing activities for third parties (collectively, “Third Party Content”), these Third Party Content are provided for your information only. We have no control over such Third Party Content. Display of or links to such Third Party Content should not be interpreted as approval or endorsement by us of those Third Party Content you may obtain from them. We shall have no responsibility for such Third Party Content.
While we are continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
We may make available a beta version of the Game (“Beta Game”) prior to an official release of the Game. To the maximum extent permitted by applicable law, the Beta Game is provided for testing on an “as is” and “as available” basis and we make no warranty, expressly or by implication, to you of any kind. You understand and agree that the Beta Game may not operate correctly, the Beta Game may contain defects, and playing the Beta Game is at your own risk. We have no obligations to you with respect to Beta Game, including without limitation any obligation to provide an official version of the Game in the future.
We may reset the Beta Game, including any in-Game setting (e.g., game character, achievements and inventory items) at any time during the testing period of the Beta Game. You acknowledge that the change or modification of the Beta Game may cause a loss of data, function or utility related to the Beta Game. You agree that we are not liable to you for such loss to the maximum extent permitted by applicable law.
To use the Services, you may need certain hardware, software, capabilities and other resources (including a suitable connection to the Internet). You are solely responsible for procuring and maintaining such resources at your own cost.
From time to time, we have the right (but not obligation) to provide updates (patches, new features, etc.) to the Game for free or for a fee. We may require you to download and install the updates or the updated version of the Game to continue to use the Services. You understand that your access to certain features of the Services might be affected by such updates. You acknowledge that the updates of the Game may be automatically installed subject to your settings for App Store or Google Play. You also understand that such updates may affect the necessary system specification required to play the Game. In such case, you are responsible for any necessary equipment to continue to access the Services.
You acknowledge that the Service or any part thereof may be interrupted for maintenance or reasons beyond our control, and we cannot guarantee that the Services will be uninterrupted. We shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever. Additionally, the Service may be unavailable depending on geographic location.
To the maximum extent permitted by applicable law, we reserve the right to discontinue the Service at any time in our sole discretion, for any reason, or for no reason, with or without notice.
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
We reserve the right, at any time and without prior notice, to remove or disable your access to the Services, including the Game, and Ohayoo Content , at our discretion for any reason or no reason. Some of the reasons for which we may remove or disable access to your Services may include finding that you have violated these Terms, or that your actions are harmful to the Services or our users.
You agree to, at your sole cost, defend, indemnify, and hold harmless Ohayoo, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers and advisors from and against any and all claims, liabilities, costs, fines, penalties and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of or in any way connected with any of the following: (i) a breach by you or any user of your account of any applicable obligation, representation or warranty under these Terms; (ii) our use, non-use or publication of your Feedback; (iii) your access to or use of, or activities in connection with, the Services; (iv) your violation of any applicable laws, rules, regulations or contracts; or (v) any misrepresentation made by you (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the indemnified party.
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU:
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED CONDITIONS, WARRANTIES OR TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR GAME FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR: (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO OHAYOO WITHIN THE LAST 12 MONTHS.
WE WILL ALSO NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
PLEASE NOTE THAT WE ONLY PROVIDE OUR SERVICES FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR SERVICES FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL 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.
You also acknowledge that our Privacy Policy will also apply to your use of our Services. Privacy Policy can be found directly on the Services, or where the Game is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference.
If you believe that anything on the Service infringes upon any copyright which you own or control, you may file a notification of such infringement to the contact information set below:
idleoilcapitalist@ohayoogames.com
The following supplemental terms shall apply when accessing the Game through specific devices:
Notice regarding Apple.
Google Play. By downloading the Game from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
Supplemental Terms – Jurisdiction-Specific
EUROPEAN UNION AND ALSO THE UK
1. Age and Accepting the Terms
By clicking on the “Install” button on the product description page of the respective app store, if applicable, entering your password or other credentials for the respective app store, you make a binding offer to conclude a contract for the use of the Game, including the granting of rights of use in accordance with these Terms. We accept your offer when the download of the Game starts; further details may be governed by the terms and conditions of the respective app store.
If you are under the legal age to enter into a contract in your jurisdiction, your parents or legal guardian must consent to your acceptance of these Terms. If we learn that someone under the relevant age is using the Services, we will terminate access to the Service for such user.
2. Privacy Policy
For information on how we use your personal data when you use the Services, please refer to our Privacy Policy. Privacy Policy can be found directly on the Services, or where the Game is made available for download, on your mobile device’s applicable app store.
3. Cancellation Right
If you are a consumer and resident of the UK or EU, you have a mandatory cancellation right when purchasing digital content as follows (but please note you will lose this cancellation right if you provide prior express consent to begin the download of that content during the right of cancellation period, and acknowledge that you will lose your cancellation right):
Cancellation right
You have the right to cancel a contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Bytedance Pte. Ltd., Contact Address: 8 MARINA VIEW, #43-00, ASIA SQUARE TOWER 1, SINGAPORE 018960; Email Address: idleoilcapitalist@ohayoogames.com) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of cancellation
If you cancel a contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
End of cancellation notice.
Model cancellation form
(If you wish to cancel the contract, please complete this form and return it to us)
To
Bytedance Pte. Ltd.
Contact Address: 8 MARINA VIEW, #43-00, ASIA SQUARE TOWER 1, SINGAPORE 018960
Email Address: idleoilcapitalist@ohayoogames.com
I/We (* ) hereby give notice that I/We (* ) cancel
my/our (* ) contract for the supply of the following digital content (* )
Ordered on (* ---- )/ received on (* ),
_______________________________
Name of consumer(s),
_______________________________
Address of consumer(s),
_______________________________
Signature of consumer(s) (only if this form is notified on paper),
_______________________________
Date, Location
(* ) Delete as appropriate
GERMANY
The following terms apply in addition to the European Union terms above.
In deviation from Section 4 of the Terms of Service, the following applies:
We may amend the Terms in accordance with this paragraph to the extent that this is done (i) to implement changes in legal requirements or case law, (ii) to implement changes in technical requirements, (iii) to maintain the operation of the Services, (iv) to adapt to changing market conditions, and (v) for the benefit of the user. An adjustment will only be made to the extent that it does not shift the contractual balance between us to your detriment. We will inform you of an adjustment at least six weeks in advance by means of a message within the game or by e-mail. You may object to the adjustment. If you do not object within six weeks after receipt of the notification of the adjustment, you are deemed to have consented to the change. In our notification of the adaptation, we will also inform you separately about the six-week period and the legal consequences of your silence.
In deviation from Sections 11 and 12 of the Terms of Service, we may terminate the Services (including the Game) for convenience with 14 days’ notice, and the statutory right of extraordinary termination for cause remains unaffected.
In deviation from the second Bullet Point of Section 12 of the Terms of Service, you may decompile the Services to the extent required to make contractual use of them (including troubleshooting) and/or to the extent required to obtain interface information needed to make the Service interoperable with an independently developed piece of software, and we have not provided you the required information upon your request against payment of our expenses in providing such information. For clarity, in the event of any such permitted decompilation, the statutory restrictions of Sec 69e of the German Copyright Act apply.
In deviation from Section 13 of the Terms of Service, your obligation to indemnify applies only in the event of your culpable (negligent or intentional) breach of the Terms of Service.
In deviation from Section 14 of the Terms of Service, the following applies:
To the extent we provide any Service free of charge, we do not assume any warranty except where we have maliciously concealed a defect.
To the extent we provide a Service against a charge, our statutory warranty obligations remain unaffected, except that we are liable for damages only pursuant to Clause 6 of the jurisdiction-specific terms for Germany.
In deviation from Section 15 of the Terms of Service, the following applies:
To the extent we provide any Service free of charge, we are liable pursuant to applicable law only for intent and gross negligence.
To the extent we provide any Service against a charge, our liability is limited as follows
a) Our statutory liability is unlimited for intent, gross negligence, injury to life, body or health, violation of a guarantee (which must be expressly designated as such), and under the German Product Liability Act.
b) Except for the cases described in subclause a), we are only be liable for slight negligence in case of breach of an essential obligation. Essential obligations are those obligations that must be performed in order to achieve the purpose of the contract and on the performance of which you may therefore generally rely.
c) In the cases set forth in subclause b), we are only be liable for typical and foreseeable damages.
d) Otherwise, we are not be liable for slight negligence.
e) You must back up your data regularly. To the extent that we are liable for a loss of data pursuant to this Clause 6, such liability is limited to the restoration effort which would have been required if you had regularly made backup copies in accordance with the importance of the affected data.
f) The above limitations of liability shall apply accordingly in favor of our affiliates and our and their shareholders, legal representatives, employees, vicarious agents and assistants.
Our agreement is governed by German law, excluding the CISG. The court at your place of residence has jurisdiction for any dispute arising out of or in connection with our agreement. You may also bring a lawsuit against us in any other competent court (e.g., at our seat).
The European Commission provides an online dispute resolution platform, which you can reach at http://ec.europa.eu/odr. We are not obliged or willing to participate in a dispute settlement procedure before a consumer arbitration body.
The languages available to enter into this Agreement are German and English. We do not store a copy of our agreement for you to access, so we recommend you download or print the Terms for future reference.
UNITED KINGDOM
The following terms apply in addition to the European Union terms above.
Indemnity
Section 13 (Indemnity) does not apply to you.
Exclusion of Warranties.
Section 14 (Exclusion of Warranties) is modified to state:
NOTHING IN THESE TERMS SHALL AFFECT ANY LEGAL RIGHTS THAT YOU ARE ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE PROMISES WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT PROMISE THAT:
WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR GAME FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
Limitation of Liability
Section 15 (Limitation of Liability) is modified to state:
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, YOU AGREE THAT YOU WILL NOT USE OUR SERVICES FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL 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.
Other Terms. Applicable Law and Jurisdiction
Section 18 (Other Terms. Applicable Law and Jurisdiction) is modified to state:
These Terms, their subject matter and their formation, are governed by English law.
However, if you are a consumer and resident of any European Union country you will benefit from mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms affects your rights as a consumer to rely on these local law mandatory provisions and legal rights.
You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a consumer and resident of any European Union country you and we may also bring proceedings in that country.
AUSTRALIA
If you are a resident of Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. In Australia, consumers have statutory rights which cannot be excluded under the Australian Consumer Law. Nothing in these Terms is intended to exclude, restrict or modify any right or remedy you have in statute or otherwise to the extent that right or remedy cannot be excluded, restricted or modified under law.
The last paragraph of Section 12 (Your Access to and Use of Our Services) is modified to state:
We reserve the right, at any time, to remove or disable your access to the Services, including the Game, Ohayoo Content with immediate effect, at our discretion, for your breach of law, or any of these Terms. We will notify you of such removal or disabling. Some of the reasons for which we may remove or disable access to your Services may include finding that you have violated these Terms, or that your actions are harmful to the Services or our users.
Section 13 (Indemnity) is modified to state:
You agree to, at your sole cost, defend, indemnify, and hold harmless Ohayoo, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers and advisors from and against any and all claims, liabilities, costs, fines, penalties and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of or in any way connected with any of the following: (i) a breach by you or any user of your account of any applicable obligation, representation or warranty under these Terms; (ii) your violation of any applicable laws, rules, regulations or contracts; or (iii) any misrepresentation made by you (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the indemnified party. Your indemnification obligations above do not apply to the extent the Claims and Losses are caused by a breach of the Terms by, or the fraudulent or negligent act or omission of, Ohayoo.
BRAZIL
If you are using the Services in Brazil, the following additional terms apply:
Age and Accepting the Terms
To use or access the Game, you must agree with the Terms. Be aware that the provisions herein will govern the relationship between you and the Game. If you do not agree with all terms below, you will not be allowed to use or access the Game. Your access to and use of our Services is also subject to our Privacy Policy, which you also have to agree with, and the terms of which can be found directly on the Game, or where the Game is made available for download, on your mobile device’s applicable app store, and is incorporated herein by reference.
If you are over the age of 16 but under the age of 18, you declare that you had the assistance of your parent or legal guardian to use the Services and to agree to the Terms. If you are under the age of 16, your parent or legal guardian must agree to the Terms, otherwise you cannot use the Services. If you are the parent or legal guardian responsible for the minor, this Terms are applicable to you, and you hereby agree with them.
Changes to the Terms
In the case of relevant changes that require the user´s consent, we will present the new Terms to obtain your consent in relation to the new Terms.
Updates, Interruption and Termination of the Game
Termination. We reserve the right, in our sole discretion, to deny access to the app by any user, or to modify, suspend or terminate any user’s access to or use of the app at any time, for any reason or for no reason, without notice. We may also, in our sole discretion and at any time, discontinue providing the app, or any part thereof, with or without notice. We may notify the user about the termination or suspension of the account or discontinuance of the app within 15-day prior notice given by communication via e-mail, message, app or other alternative means of communication only if user has not given cause for such termination, suspension or discontinuance, otherwise we are not obliged to prior communicate the user.
Other Terms
CANADA
Section 18 (Other Terms) - Applicable Law and Jurisdiction is modified to state:
Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the International Centre for Dispute Resolution Canada in accordance with its Canadian Arbitration Rules. The place of the arbitration shall be Toronto, Ontario, Canada. The tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. Notwithstanding the foregoing, we may institute a proceeding for equitable relief in any court of competent jurisdiction.
INDIA
Governing law and dispute resolution.
Amendment to the Terms.
We may, at our discretion, change the Terms by posting the amended version through App Store or Google Play, in case of any material change, we will make reasonable efforts to post a clear notice via the Game. Such material changes will take effect five (5) days after such notice was provided via our Game, whichever is earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Updated” and your continued use of the Game on or after the Last Updated date will constitute acceptance of, and agreement to be bound by, those changes. If the Terms are amended to comply with legal requirements, the amendments may take effect immediately, or as required by the law and without prior notice.
Availability
The availability and functionality depend on various factors, such as software, hardware and Ohayoo’s service providers and contractors. We do not warrant or guarantee that the Game will operate at all times without disruption or interruption, or that they will be immune to unauthorized access or be error-free.
INDONESIA
2 Age and Accepting the Terms
By clicking the “I Agree” button, you warrant that you are at least 21 years old, and therefore are capable to enter into the Terms, and acknowledge and agree that you have had an opportunity to read and understand all of the Terms and that you agree to be bound by the Terms. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
If you do not agree with the Terms, please do not click the “I Agree” button and you must not access or use our Services.
If you are under 21 years old, your parents or legal guardian must read and agree to these Terms on your behalf. If you do not have consent from your parents or legal guardians, you must cease accessing or using the Services. If we learn that someone under 21 years old is using the Services, we will terminate access to the Service for such user.
4 Changes to the Terms
We amend these Terms from time to time, to reflect changes to the Services, our users’ needs, our business priorities or to reflect changes in law. We will notify all users of any changes to these Terms, such as through a notice in our Game. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. You should therefore carefully read changes to these Terms and provide your consent to it each time an amendment to these Terms is published.
If you do not accept an amendment made to the Terms by us, you cannot continue to use the Services. By clicking the “I Agree” button to the then current version of this Term, you agree that the then current version of this Term applies to your use of the Services.
16 Privacy Policy
Please note that the Privacy Policy will also apply to your use of our Services. To learn how we protect and use your personal data that we gather through the Game, please refer to the Privacy Policy. The Privacy Policy can be found directly on the Services, or where the Game is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference.
18 Other Terms
In all cases where unilateral termination is allowed under these Terms, such as Sections 5, 11, and 12, each of you and Ohayoo expressly agrees to waive and set aside our respective rights and obligations under any applicable law in the event of any termination of the Terms to the extent that such law requires any judicial pronouncement for the termination of the Terms.
JAPAN
Consumer Contract Act: Any provision in the Terms which is contrary to the Consumer Contract Act shall not apply to you. The remaining provisions of the Terms will continue to be valid and enforceable.
MACAO SAR
Age and Accepting the Terms
If you are under 18 years old, your parents or legal guardian must read and agree to these Terms. If you do not have consent from your parents or legal guardians, you must cease accessing or using the Services. If we learn that someone under the relevant age is using the Services, we will terminate access to the Service for such user.
LIMITATION OF LIABILITY
Any limitation of liability foreseen under Section 15 of the Terms of Service shall not be applicable in the event Ohayoo acted with fraud or serious fault in accordance with Section 798 no. 2 of the Macau Civil Code.
Any limitation of liability for suspension, discontinuation or termination of access to the Services at any time in our sole discretion and for no reason and with or without notice to you, shall not be applicable in the event you, to the maximum extent permitted by applicable law, are entitled and able to claim damages caused by suspension, discontinuation or termination of access to the Services.
NEW ZEALAND
If you are a “consumer” for the purposes of the Fair Trading Act 1986 and Consumer Guarantees Act 1993, nothing in these Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
For the purposes of Sections 5, 6, 11 and 12, if we wish to suspend or terminate your access, or licence to use, the Services (other than because you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights (including intellectual property rights), or violate any applicable laws or regulations), we will give you one months’ notice prior to such suspension or termination.
SOUTH KOREA
If you are using our Services in South Korea, the following additional terms apply.
Change to the terms.
Notwithstanding Section 4 of the Terms above:
Your Access to and Use of Our Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
We reserve the right, at any time, to remove or disable your access to the Services, including the Game, and Ohayoo Content, if deemed necessary at our reasonable discretion. Some of the reasons for which we may remove or disable access to your Services may include finding that you have violated these Terms, or that your actions are harmful to the Services or our users.
Applicable Law and Jurisdiction
These Terms, their subject matter and their formation, are governed by South Korean law. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall first be subject to good faith discussion between the parties. In the event the parties are unable to resolve such issue, you and we both agree that the competent courts of South Korea will have exclusive jurisdiction.
THE PHILIPPINES
If you are using the Services in the Philippines, the following modified terms also apply:
2 Age and Accepting the Terms
The Relevant Age under Philippine law is 18 years old.
These Terms shall be binding on us, only after Ohayoo's acceptance of the same outside the Philippines.
4 Changes to the Terms
We will notify you of any amendment or changes to the Terms at least thirty (30) days in advance of its effectivity. You will not be subject to the terms unless you expressly agree thereto.
6 Limited License
In deviation from the last paragraph of Section 6 of the Terms of Service, the following applies:
Subject to these Terms, you are hereby granted a personal, non-transferable, permission to access and use the Services, including to download the Game on a permitted device, and to access the Ohayoo Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Ohayoo reserves all rights not expressly granted herein in the Services (including Ohayoo Content). You acknowledge and agree that Ohayoo may withdraw this permission at any time for convenience subject to applicable law.
7 Advertisement; Third Party Content
In addition to Section 7 of the Terms of Service, the following applies:
We shall have no responsibility for Third Party Content, subject to the provisions governing service providers as contained in Republic Act 8792, otherwise known as the “Philippine E-Commerce Act”, Republic Act 8792, otherwise known as the “Cybercrime Prevention Act of 2012”.
8 Feedback
Nothing in Section 8 of the Terms of Service shall be deemed as a waiver on your part for us to: (i) use your name or the title of you work, or otherwise to make use of your reputation with respect to any version or adaptation of your work which, because of alterations therein, would substantially tend to injure the literary or artistic reputation of another author; or (ii) use your name with respect to a work you did not create.
12 Your Access to and Use of Our Services
In deviation from the second Bullet Point of Section 12 of the Terms of Service, you may
decompile the Services only for the purpose of and to the extent required to obtain information necessary to make the Services interoperable with an independently created computer program.
15 LIMITATION OF LIABILITY
In addition to Section 15 of the Terms of Service, the following applies:
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE FAULT OR NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS, AND FOR GROSS NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION ON OUR PART.
18 Other Terms
In all cases where unilateral termination is allowed under these Terms, such as Sections 5, 11, and 12, it is understood that prior resort to arbitration shall not be required for purposes of exercising said right. The Parties waive any right to insist on prior resort to arbitration to the fullest extent allowed under applicable law. It is further understood that the Party who disputes the unilateral termination will shoulder all costs, including attorney's fees, should the termination be found to be proper.