Terms and Conditions (”Terms”)
Last Updated: November 3, 2022
Whenever you use the Services, you agree that these Terms of Service will control
the relationship between you and VIPER STUDIO. If you do not agree to all the terms and conditions, you must not
use our Services.
1. DEFINITIONS
- Account — Any account provided by VIPER STUDIO that you create
to access certain Services.
- In-App Purchases – Non-Virtual Goods available for purchase
through the Services. Including, but not limited to remove ads, infinite lives, or full upgrade.
- IP right — Any intellectual property right, including but not
limited to any copyright, trademark, patent, trade secret, industrial design right, database right, software,
idea, concept, method, invention, Content, Item, or combinations thereof.
- Privacy Policy — VIPER STUDIO policy regarding privacy. The
current version is found at https://viperstudio.co.kr/privacy-policy
- Service or Services — Any game, website, and other related
services by VIPER STUDIO and its affiliates.
- Terms of Service or Term — These terms of service
- Virtual Goods— Digital material VIPER STUDIO may make available
under certain restrictions. Including, but not limited to diamonds.
2. OWNERSHIP AND LIMITED LICENSE — SERVICES LICENSED NOT SOLD
- Ownership. All rights, title and interest in and to the Services
(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 VIPER STUDIO game client, and the VIPER STUDIO game clients and
server software) are owned or licensed by VIPER STUDIO. VIPER STUDIO reserves all rights, including without
limitation, all intellectual property rights or other proprietary rights, in connection with its games and the
Service.
- License. Subject to your agreement and continuing compliance with
these Terms of Service and any other relevant VIPER STUDIO policies, VIPER STUDIO grants you a non-exclusive,
non-transferable, revocable limited license, subject to the limitations in these Terms, to access and use the
Services for your own non-commercial entertainment purposes. You agree to not use the Services for any other
purpose.
- License Limitations. Any use of the Services in violation of these
License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license
and may subject you to liability for violations of law. Further, we may delete accounts that are deemed
Inactive. “Inactive” will be defined by VIPER STUDIO based on average usage of the Services from
other users.
- You acknowledge you will not directly or indirectly:
- Partake in any activity or action that VIPER STUDIO deems to be
against the spirit or intent of the Services.
- Copy, distribute or reproduce any Service or related content.
- Attempt to harass, abuse, or harm, or advocate or incite harassment,
abuse, or harm of another person, group, or VIPER STUDIO
- Initiate, assist, or become involved in any form of attack, including
without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to
disrupt the Service or other person’s use or enjoyment of the Service.
- 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 VIPER STUDIO
- Attempt to gain unauthorized access to the Service or Accounts not
belonging to you.
3. Your Account and Virtual Goods and/or In-App Purchases:
No matter what else is said in these Terms or anywhere else within the Services, you
have no right or title to the Account you create on our Service and your Account is not your property. Likewise,
In-App Purchases and Virtual Goods, regardless of whether they were “earned” or purchased within the
Services, are not your property. Your Account, any Virtual Goods, and any In-App Purchases are owned by VIPER
STUDIO and are licensed to you under the same rules as 2(a).
4. FEES AND PAYMENT TERMS
a. Within the Services, you may purchase, with “real world” money, a
limited license to use Virtual Goods and/or In-App Purchases. VIPER STUDIO may manage, regulate, control, modify
or eliminate all Virtual Goods and/or In-App Purchases at any time, with or without notice. VIPER STUDIO shall
have no liability to you or any third party is VIPER STUDIO exercises any such rights.
b. Virtual Goods or In-App Purchases purchased within the Services on other platforms
such as Facebook, Apple iOS, Android, or Amazon will be subject to those platforms’ payment terms and
conditions. VIPER STUDIO does not control how you can pay on those platforms. Please review those platforms’
terms of service for additional information.
c. ALL SALES ARE FINAL AND YOU ACKNOWLEDGE THAT VIPER STUDIO IS NOT REQUIRED TO PROVIDE
A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT
IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTAY OR INVOLUNTARY.
5. DURATION
a) Unless modified or amended by VIPER STUDIO, this agreement and its provisions shall
remain in effect. Termination of any license granted by VIPER STUDIO under this agreement does not affect any
other provisions of this agreement.
6. SERVICE AND AVAILABILITY
a) You acknowledge that VIPER STUDIO may in its sole and absolute discretion provide
subsequent versions, enhancements, modifications, upgrades or patches related to any part of the Service.
b) You acknowledge that admission to the Service may be interrupted for reasons within
or beyond the control of VIPER STUDIO, and that VIPER STUDIO cannot and does not guarantee you will be able to use
the Services whenever you wish to do so.
7. ADDITIONAL WARRANTIES AND REPRESENTATIONS BY YOU
YOU ACKNOWLEDGE THAT THE VIPER STUDIO AND VIPER STUDIO AFFILIATES ARE NOT
LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO
USE, THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND
OPERATORS OF EXTERNAL SITES.
- THE RISK OF USING THE SERVICE RESTS ENTIRELY WITH YOU AS DOES THE
RISK OF INJURY FROM THE SERVICE.
- TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE
DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE
OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT
LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
- TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL
LIABILITY OF VIPER STUDIO AND/OR VIPER STUDIO AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID VIPER
STUDIO AND/OR VIPER STUDIO AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE
DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
- IF YOU HAVE NOT PAID VIPER STUDIO OR ANY VIPER STUDIO AFFILIATES ANY
AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT
ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VIPER STUDIO AND/OR ANY VIPER STUDIO
AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
- Some states or countries do not allow the exclusion of certain
warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not
apply to you if you reside in one of those states or countries.
8. INDEMNITY
a. You agree to defend, indemnify and hold harmless VIPER STUDIO, any third-parties
under agreement with VIPER STUDIO, any parent, subsidiary or affiliate of VIPER STUDIO, and any employee, agent,
supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as
any person using the Services and any person or entity that becomes aware of your use of the Services at any time,
with respect to any and all claims, liabilities, injuries, damages, losses or expenses (including but not limited
to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate
to:
- Your failure to comply with any provision of this agreement;
- Your use of the Services, including but not limited to economic,
physical, emotional, psychological or privacy related considerations; and
- Your actions to knowingly affect the Services via any bloatware,
malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program
installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles
during periods of time when such program is not directly or indirectly being used.
b. You acknowledge, and further agree, that VIPER STUDIO has no obligation to defend,
indemnify or hold harmless you in any way related to this agreement including, but not limited to, your use of the
Services, use of the Services by any person, or any connection between the foregoing and any other person or
entity that becomes aware of your use of the Services at any time.
9. DISPUTE RESOLUTION
- Informal Resolution. With respect to the resolution of any
controversy related to this agreement (hereinafter “Dispute”) you agree to try to resolve any
Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding,
including any legal proceeding in court or before an administrative agency.
- Mandatory Binding Arbitration. If you are not able to satisfactorily
resolve a Dispute informally within a total of ninety (90) days or if VIPER STUDIO, in its sole and absolute
discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a
total of ninety (90) days, you agree that either you or VIPER STUDIO may request resolution by final and fully
binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration
Association.
- The American Arbitration Association (AAA) will run the arbitration
between you and VIPER STUDIO, and AAA’s rules and procedures (including their Supplementary Procedures for
Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than
AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and
procedures on their website www.adr.org or you can call them at 1-800-778-7879.
- YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT
WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND
THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT AND/OR HAVE A JURY TRIAL
WITH RESPECT TO ANY SUCH DISPUTE. Accordingly, you and VIPER STUDIO agree that neither shall attempt to have any
other Dispute related to any other party, including but not limited to any class action, joined to any
arbitration in which you are involved. Thus, to the fullest extent permitted by law no arbitration proceeding
shall be joined with any other or decided on a class-action basis.
- GENERAL PROVISIONS
- It is your responsibility to read, understand and accept this
agreement in connection with your use of the Services. You acknowledge that VIPER STUDIO may make changes to the
provisions of this agreement at any time and that Section headings in this agreement are for purposes of
convenience only.
- Force Majeure. Both you and VIPER STUDIO shall be excused from
any failure to perform any obligation under this agreement to the extent such failure is caused by war,
terrorism, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of god, or any
causes of like or different kind beyond the control of you or VIPER STUDIO, as applicable under the
circumstances.
- No Waiver. If We do not enforce a provision of these Terms, or
our Privacy Policy, that does not waive our right to do so later. And, if We do expressly waive a provision of
these Terms, or our Privacy Policy that does not mean it is waived for all time in the future. Any waiver must
be in writing and signed by both you and us to be legally binding.
- Waiver. Signed written consent from a legally authorized
representative of VIPER STUDIO is required to waive any provisions of this agreement. Any waiver of any
provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of
this agreement.
- Injunctive Relief. You and VIPER STUDIO acknowledge that breach
of this agreement may result in irreparable harm and loss, and upon a breach of this agreement the non-breaching
party (i.e. you and/or VIPER STUDIO) shall be entitled to immediate injunctive relief from a court of competent
jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set forth in
this agreement.
- Governing Law and Venue. This agreement and any controversy
related to this agreement shall be interpreted in accordance with and governed by the laws of the state of
Washington, or, as appropriate, by federal law as applied by a federal court sitting in Washington, both without
regard to Washington choice of law rules.