[Policy] Terms of Service
Terms of Service
These terms and conditions are intended to specify the basic provisions related to the use of the service between the service user (hereinafter referred to as the User) who uses all game services, website services, and other related services (hereinafter referred to as service(s)) provided by GELIXIR-LABS, Inc., (hereinafter referred to as the Company) via a device, and the Company.
2.1. Ownership of GELIXIR-LABS
GELIXIR-LABS owns, has licensed, or otherwise has the right to use all of the content that appears in the GELIXIR-LABS Service, including, without limitation, a user account, virtual items, and virtual currencies.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN A GUEST OR ACCOUNT (COLLECTIVELY, “GAME ACCOUNTS”), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO A GAME ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF GELIXIR-LABS.
2.2. Limited License
GELIXIR-LABS hereby grants you a non-exclusive, non-transferable, and revocable limited license to use the GELIXIR-LABS Service subject to the terms of the GELIXIR-LABS Policy. You understand that virtual items and virtual currencies are provided solely for your entertainment use and that you have a limited license to use them under the GELIXIR-LABS Policy, not the ownership interest in them. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
2.3. Trades of Virtual Items and Virtual Currency
GELIXIR-LABS prohibits and does not recognize any purported transfers of virtual items or virtual currency effectuated outside of the GELIXIR-LABS Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the GELIXIR-LABS Service, unless expressly authorized by GELIXIR-LABS. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.
3. Game Account
3.1. Guest Account
If you use the GELIXIR-LABS Service without creating an Account, we will create and assign to your device an identifier that is similar to an account number (“Guest Accounts”). We will use the Guest Account information for providing customer support to any users who have not created an Account.
PLEASE KEEP IN MIND THAT YOU MAY NOT RECEIVE CUSTOMER SUPPORT OR MAY NOT USE VIRTUAL ITEMS, OR VIRTUAL CURRENCY FOR WHICH YOU HAVE PAID IF YOU CHANGE YOUR MOBILE DEVICE WITHOUT CREATING AN ACCOUNT.
3.2. Deactivating Your Account
You may freely delete your Account at any time by logging into the Account and clicking “Delete Account” button. You may also request us to delete your Account by contacting our customer support team. We will use commercially reasonable efforts to respond to your request within thirty (30) days.
4. User Content
4.1. Your Representations and Warranties
“User Content” means any communications, images, sounds, and all the material, data, and information that you or other users upload, submit, or transmit through the GELIXIR-LABS Service.
By transmitting, submitting, or posting any User Content while using the GELIXIR-LABS Service, you affirm, represent, and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable 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, and © free of viruses, adware, spyware, worms or other malicious code.
You acknowledge and agree that you are solely responsible for all User Content you post or otherwise transmit via the GELIXIR-LABS Service. GELIXIR-LABS assumes no responsibility for illegal contents or the conduct of any user submitting any User Content or for the failure of monitoring any User Contents that may be inappropriate under the GELIXIR-LABS Policy.
4.2. License to Use User Content
You hereby grant GELIXIR-LABS a worldwide, royalty-free, non-exclusive, and unlimited license to use any User Content that you upload, submit, or transmit through the GELIXIR-LABS Service, including, without limitation, the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, and publicly perform. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. You may revoke such a license by giving a written notice to us at any time. In such a case, GELIXIR-LABS will cease any use of the User Content within 3 months after receiving such notice from you.
4.3. Content Screening
You acknowledge and agree that GELIXIR-LABS may reject, refuse to post, delete, or edit any User Content for any reason at its sole discretion.
5. Fees and Purchase Terms
You agree to pay all fees and applicable taxes incurred by you. GELIXIR-LABS may revise the pricing for the goods and services it licenses to you through the GELIXIR-LABS Service at any time.
YOU AGREE AND ACKNOWLEDGE THAT GELIXIR-LABS 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 A GAME ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Notwithstanding the foregoing, if you verify in a reasonable way that you reside in the European Union and you purchase virtual items or currencies from GELIXIR-LABS, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. You acknowledge and agree that the performance of our service is deemed to begin once you use any portion of virtual currencies or virtual items in playing GELIXIR-LABS Games, which results in losing your right of withdrawal.
Some of GELIXIR-LABS Games may be described as a “free game” within the description page of marketplaces. YOU MAY DOWNLOAD AND PLAY SUCH GAMES FREE OF CHARGE, BUT THEY MAY CHARGE REAL MONEY FOR ADDITIONAL GAME CONTENT.
6. Your Responsibility in Using Service
You agree that, while using the GELIXIR-LABS Service, you will not, under any circumstances:
- send, post, transmit or make available any material or information that may be abusive, threatening obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- stalk, harass, threaten, or defraud other GELIXIR-LABS users or any members of GELIXIR-LABS support personnel;
- use, develop, or distribute any robot, spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, mod, hack or the like, or any unauthorized third-party software designed to modify or interfere with or provide automated access to or use of the GELIXIR-LABS Service;
- interfere with or disable any security-related features of the GELIXIR-LABS Service or any part thereof;
- damage, disable, overburden, or impair the GELIXIR-LABS Service, including, without limitation, (i) by sending, posting, transmitting, or distributing anything that contains a virus, spyware, or other harmful material intended to damage or interfere with the GELIXIR-LABS Service or (ii) attempting to disrupt servers that relate to the GELIXIR-LABS Service;
- make improper use of GELIXIR-LABS’s support services, including by submitting false abuse reports;
- misrepresent the source, identity, or content of the information sent, posted, transmitted, or made available via the GELIXIR-LABS Service;
- create a false identity or impersonate another person or entity, including, without limitation, identities falsely indicating that you are a GELIXIR-LABS official or representative, message board or community board moderator, another user or host, or that you are a celebrity or public figure;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the GELIXIR-LABS Service;
- modify any part of the GELIXIR-LABS Service without GELIXIR-LABS’s prior written consent;
- send, post, transmit or make available any content or information that may infringe any person or entity’s intellectual property rights or other property or personal rights, including rights of privacy and publicity;
- buy, sell, trade, or advertise to sell any virtual currency or items or Game Account for commercial purposes;
- send, post, transmit or make available any unsolicited or inappropriate content or other unsolicited or unauthorized commercial or promotional content, information, or communications without GELIXIR-LABS’s prior written consent
- attempt to collect any personal information about any users or to disclose such information;
- share the password of the Account or other information that lets anyone else access your Game Account.
- access another user’s Game Account without permission;
- assist, permit or encourage any party in engaging in any of the activities described in the above listing; and
- use the GELIXIR-LABS Service in any manner that may violate any applicable laws or regulations or is prohibited by the GELIXIR-LABS Policy.
7. Third Party Advertising
GELIXIR-LABS may feature advertisements from third parties or provide links on the GELIXIR-LABS Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the GELIXIR-LABS Service and/or benefits (such as virtual items or virtual currency). Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. GELIXIR-LABS makes no representation or warranty regarding any content, goods and/or services provided by any third party, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of GELIXIR-LABS and may collect data or solicit personal information from you. GELIXIR-LABS is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.
8. SMS Notifications, Push Notifications & Local Notifications
We may send local or push notifications to your mobile device to make you aware of game updates, promotional events, new game information, and other relevant messages regarding the game service. You can manage push notifications from the “options” or “settings” page within the relevant game. You may also be able to manage them from your device’s settings page for the relevant game. We will not send any SMS notification to your mobile device unless we obtain affirmative express consent from you in compliance with any applicable laws or regulations.
9. Copyright Notice
9.1. Infringement Notification
The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.
If you believe in good faith that any materials in GELIXIR-LABS or GELIXIR-LABS branded websites may infringe your copyright-protected work under applicable copyright laws, you may provide an infringement notice to GELIXIR-LABS’s designated agent set forth below. For your notice to be effective, it must include the following information:
(a) Reasonably sufficient details to enable us to identify the work claimed to be infringed as well as the material claimed to be infringing;
(b) Your contact information, including your address and email address;
© A statement that you have a good faith belief that the disputed is not authorized by the copyright owner, its agent, or the law;
(d) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(e) Your physical or electronic signature.
The contact information of GELIXIR-LABS’s designated agent is as follows:
Attn: Legal Affair Department Agent
3F, 5, Seolleung-ro 121-gil, Gangnam-gu, Seoul, Republic of Korea
9.2. Counter Notification
If your User Content or other information has been taken down by the above-infringement notification, you may send GELIXIR-LABS’s designated agent a counter-notification that contains the following information:
(a) Identification of the material that has been removed or to which has been disabled and the location at which the material appeared before it was removed or disabled;
(b) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material in question;
© Your name, address, and email address; and
(d) Your physical or electronic signature.
Please bear in mind that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others.
10. User Interactions
10.1. Member Disputes
You are solely responsible for your interactions with other users of the GELIXIR-LABS Service. We may, at our sole discretion, attempt to mediate disputes between users, but is not obliged to become involved in any way with such disputes.
If you have a dispute with any users of the GELIXIR-LABS Service, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
11. Suspension & Termination of GELIXIR-LABS Service
GELIXIR-LABS MAY LIMIT, SUSPEND, OR TERMINATE YOUR USE OF THE GELIXIR-LABS SERVICE AND/OR GAME ACCOUNT IF WE HAVE A REASONABLE BELIEF THAT YOU FAIL TO COMPLY WITH ANY PORTION OF THE GELIXIR-LABS POLICY. For the avoidance of doubt, the Community Standards apply to all users of the GELIXIR-LABS Service, including any users who do not have an Account.
GELIXIR-LABS reserves the right to stop providing or supporting any part of the GELIXIR-LABS Service or a particular game at any time either permanently or temporarily, at which point your license to use the GELIXIR-LABS Service or a part thereof will be automatically terminated or suspended. In such an event, GELIXIR-LABS is not required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the GELIXIR-LABS Service.
12. Disclaimers & Indemnifications
12.1. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GELIXIR-LABS SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER GELIXIR-LABS NOR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, COOPERATORS OF THE PLATFORM, DISTRIBUTORS, LICENSEES, OR LICENSORS (COLLECTIVELY, “GELIXIR-LABS PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
12.2. Disclaimers of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO THE USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE, OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT GELIXIR-LABS PARTIES SHALL NOT BE LIABLE 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.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT GELIXIR-LABS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD GELIXIR-LABS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL GELIXIR-LABS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID GELIXIR-LABS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
You agree to indemnify and hold harmless GELIXIR-LABS Parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of (a) your use or misuse of the GELIXIR-LABS Service, (b) any violation by you of the GELIXIR-LABS Policy, or © any breach of the representations, warranties, and covenants made by you herein.
GELIXIR-LABS may assume the defense of any matter for which you are required to indemnify GELIXIR-LABS by sending notice of such an intention to you. You shall use your best efforts to cooperate with GELIXIR-LABS’s defense of these claims.
13. General Provision
13.1. Governing Law
The laws of the State of California (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to the GELIXIR-LABS Policy, including, without limitation, its validity, interpretation, construction, performance, and enforcement.
13.2. Dispute Resolution
If you have any claim arising out of this Agreement against us, we strongly encourage you to contact our customer support team to seek a resolution. If both parties fail to reach a settlement within 30 calendar days after the first contact occurs, either party may refer to such a dispute in Seoul administered by the Korean Commercial Arbitration Board in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board. The arbitration is to be conducted before a single arbitrator whom the parties jointly select. If the parties are unable to agree on the arbitrator, either party may request the Korean Arbitration Association to select the arbitrator.
All claims filed or brought contrary to Section 13.2. will be considered improperly filed. If you file a claim improperly, GELIXIR-LABS will be entitled to recover attorney fees and costs up to $1,000, provided that GELIXIR-LABS has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.
13.3. Entire Agreement
The GELIXIR-LABS Policy is complete and exclusive understanding of you and GELIXIR-LABS relating to your use of the GELIXIR-LABS Service, and supersede all prior understandings of the parties hereto.
13.4. No Waiver
The failure of GELIXIR-LABS to require or enforce strict performance by you of any provision of the GELIXIR-LABS Policy or failure to exercise any right hereunder will not be considered a waiver or relinquishment of GELIXIR-LABS’s right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by GELIXIR-LABS in one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person.
13.5. Force Majeure
GELIXIR-LABS will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of GELIXIR-LABS, including, without limitation, any failure to perform under the GELIXIR-LABS Policy due to unforeseen cause beyond GELIXIR-LABS’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cyber crimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials
USER AFFIRMS HE/SHE IS OVER THE AGE OF 18, AS THE SERVICES ARE NOT INTENDED FOR CHILDREN UNDER AGE 18.
If any portion of the GELIXIR-LABS Policy is determined to be invalid, illegal, or unenforceable by any court of competent jurisdiction, the remaining provisions of the GELIXIR-LABS Policy remain in full force and effect.