The terms of this agreement (“Terms of
Service”) govern the relationship between you and Warm Heart Studio and its
affiliates (hereinafter “Warm Heart Studio” or “Us” or “We”) regarding your use
of Warm Heart Studio’s games, websites and related services (the “Service”).
Use of the Service is also governed by Warm Heart Studio’s Privacy
Policy, which is incorporated herein by reference.
Before accessing or using the Service,
including browsing any Warm Heart Studio website or accessing a game, you must
agree to these Terms of Service and the Privacy Policy. Using the Service, you
represent that you are age 13 or older and you understand and agree to these
Terms of Service. If you are between the ages of 13 and 17, you represent that
your legal guardian has reviewed and agreed to these Terms. If you access the
Service from a Social Networking Site (“SNS”), such as Facebook, you shall
comply with its terms of service/use as well as these Terms of Service.
BY INSTALLING, USING OR OTHERWISE
ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE
TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE
SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Warm Heart Studio reserves the right, at
its discretion, to change, modify, add or remove portions of these Terms of
Service and its Privacy Policy at any time by posting the amended terms on the Warm Heart Studio Service. You will be deemed to have accepted such changes by
continuing to use the Service. If at any point you do not agree to any portion
of the then-current version of our Terms of Service, the Warm Heart Studio Privacy
Policy, or any other Warm Heart Studio policy, rules or codes of conduct relating
to your use of the Service, your license to use the Service shall immediately
terminate, and you must immediately stop using the Service.
1. LICENSE
1.1. Grant of a Limited License to Use
the Service
Subject to your agreement and continuing
compliance with these Terms of Service and any other relevant Warm Heart Studio policies, Warm Heart Studio grants you a non-exclusive, non-transferable, non-sub
licensable, revocable limited license subject to the limitations below to
access and use the Service for your own non-commercial entertainment purposes.
You agree not to use the Service for any other purpose.
The following restrictions apply to the
use of the Service:
- You shall not create an Account or
access the Service if you are under the age of 13; You shall restrict use by
minors, and you will deny access to children under the age of 13. You accept
full responsibility for any unauthorized use of the Service by minors. You are
responsible for any use of your credit card or other payment instrument (e.g.
paypal) by minors.
- You shall not have more than one
Account at any given time, and shall not create an Account using a false
identity or information, or on behalf of someone other than yourself; You shall
not use the Service if you have previously been removed by Warm Heart Studio, or
previously been banned from playing any Warm Heart Studio game;.
- You shall use your Account only for
non-commercial purposes; You shall not use the Service to advertise, or
solicit, or transmit any commercial advertisements, including chain letters,
junk or spam e-mail or repetitive messages to anyone;
Username and Password
During the Account creation process, you
will be required to select a password (“Login Information”). You shall not
share the Account or the Login Information, nor let anyone else access your
account or do anything else that might jeopardize the security of your Account.
In the event you become aware of or reasonably suspect any breach of security,
including without limitation any loss, theft, or unauthorized disclosure of the
Login Information, you must immediately notify Warm Heart Studio and modify your
Login Information. You are solely responsible for maintaining the
confidentiality of the Login Information, and you will be responsible for all
uses of the Login Information, including purchases, whether or not authorized
by you. You are responsible for anything that happens through your Account.
Warm Heart Studio reserves the right to
remove or reclaim any usernames at any time and for any reason, including but
not limited to claims by a third party that a username violates the third
party’s rights.
License Limitations
Any use of the Service in violation of
these License Limitations is strictly prohibited, can result in the immediate
revocation of your limited license and may subject you to liability for
violations of law.
You agree that you will not, under any
circumstances:
- Engage in any act that Warm Heart Studio deems to be in conflict with the spirit or intent of the Service or make
improper use of Joy Wave Games’ support services.
- Use cheats, exploits, automation
software, bots, hacks, mods or any unauthorized third-party software designed
to modify or interfere with the Service, any Warm Heart Studio apps or any Warm Heart Studio products experience or without Warm Heart Studio’s express written
consent, modify or cause to be modified any files that are a part of the
Service or any Warm Heart Studio game.
- Disrupt, overburden, or aid or assist
in the disruption or overburdening of any computer or server (“Server”) used to
offer or support the Service or any Warm Heart Studio game environment.
- Institute, assist, or become involved
in any type of attack, including without limitation distribution of a virus,
denial of service attacks upon the Service, or other attempts to disrupt the
Service or any other person’s use or enjoyment of the Service.
- Attempt to gain unauthorized access to
the Service, Accounts registered to others or to the computers, Servers, or
networks connected to the Service by any means other than the user interface
provided by Warm Heart Studio, including but not limited to, by circumventing or
modifying, attempting to circumvent or modify, or encouraging or assisting any
other person to circumvent or modify, any security, technology, device, or
software that is part of the Service.
- Post any information that is abusive,
threatening, obscene, defamatory, libelous, or racially, sexually, religiously,
or otherwise objectionable or offensive.
- Post any information that contains
nudity, excessive violence, or offensive subject matter or that contains a link
to such content.
- Attempt to, or harass, abuse, or harm,
or advocate or incite harassment, abuse, or harm of another person, group,
including Warm Heart Studio employees, including Warm Heart Studio's customer service
representatives.
- Make available through the Service any
material or information that infringes any copyright, trademark, patent, trade
secret, right of privacy, right of publicity, or other right of any person or
entity or impersonates any other person, including without limitation a Warm Heart Studio employee.
- Reverse engineer, decompile,
disassemble, decipher or otherwise attempt to derive the source code for any
underlying software or other intellectual property used to provide the Service
or any Warm Heart Studio game, or to obtain any information from the Service or
any Warm Heart Studio game using any method not expressly permitted by Warm Heart Studio.
- Solicit or attempt to solicit personal
information from other users of the Service or any Warm Heart Studio game or
collect or post anyone’s private information, including personally identifiable
information (whether in text, image or video form), identification documents,
or financial information through the Service.
Warm Heart Studio reserves the right to
determine what conduct it considers to be in violation of the rules of use or otherwise
outside the intent or spirit of these Terms of Service or the Service itself. Warm Heart Studio reserves the right to take action as a result, which may include
terminating your Account and prohibiting you from using the Service.
1.2. Suspension and Termination of
Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, WARM HEART STUDIO MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS
TO WARM HEART STUDIO SERVICES OR PORTIONS THEREOF IF YOU ARE, OR WARM HEART STUDIO SUSPECTS
THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY
ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT
NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT
TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS
AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND WARM HEART STUDIO IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE
MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS
THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES
AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS
TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE
CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL
PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR
SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE
CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF
USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
WARM HEART STUDIO RESERVES THE RIGHT TO
TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Warm Heart Studio reserves the right to
stop offering and/or supporting the Service or a particular game or part of the
Service at any time, at which point your license to use the Service or a part
thereof will be automatically terminated. In such event, Warm Heart Studio shall
not be required to provide refunds, benefits or other compensation to users in
connection with such discontinued Services. Termination of your Account can
include disabling your access to the Service or any part thereof including any
content you submitted or others submitted.
2. OWNERSHIP
2.1. Games and Service
All rights, title and interest in and to
the Service (including without limitation any games, titles, computer code,
themes, objects, characters, character names, stories, dialogue, catch phrases,
concepts, artwork, animations, sounds, musical compositions, audio-visual
effects, methods of operation, moral rights, documentation, in-game chat
transcripts, character profile information, recordings of games played using a Warm Heart Studio game client, and the Warm Heart Studio game clients and server
software) are owned by Warm Heart Studio. Warm Heart Studio reserves all rights,
including without limitation, all intellectual property rights or other
proprietary rights, in connection with its games and the Service.
2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY
HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER
PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT
ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO
THE BENEFIT OF WARM HEART STUDIO.
2.3. Virtual Items
Warm Heart Studio owns, has licensed, or
otherwise has rights to use all of the content that appears in the Service or
in Warm Heart Studio’S apps. Notwithstanding any provision to the contrary herein,
you agree that you have no right or title in or to any content that appears in
the Service, including without limitation the virtual goods or currency
appearing or originating in any Warm Heart Studio game, whether earned in a game
or purchased from Warm Heart Studio, or any other attributes associated with an
Account or stored on the Service.
2.4. User Content
“User Content” means any communications,
images, sounds, and all the material, data, and information that you upload or
transmit through a Warm Heart Studio game client or the Service, or that other
users upload or transmit, including without limitation any chat text. By
transmitting or submitting any User Content while using the Service, you
affirm, represent and warrant that such transmission or submission is (a)
accurate and not confidential; (b) not in violation of any laws, contractual
restrictions or other third party rights, and that you have permission from any
third party whose personal information or intellectual property is comprised in
the User Content; (c) free of viruses, adware, spyware, worms or other malicious
code; and (d) you acknowledge and agree that any of your personal information
within such content will at all times be processed by Warm Heart Studio in
accordance with its Privacy Policy. You agree that your User Content will not
be returned to you. Warm Heart Studio reserves the right in its sole discretion to
review, monitor, prohibit, edit, delete, disable access to or otherwise make
unavailable any User Content (including without limitation your User Content)
without notice for any reason or for no reason at any time.
3. USER CONTENT
3.1. Content Screening
Warm Heart Studio assumes no responsibility
for the conduct of any user submitting any User Content, and assumes no
responsibility for monitoring the Service for inappropriate content or conduct.
We do not, and cannot, pre-screen or monitor all User Content. Your use of the
Service is at your own risk. By using the Service, you may be exposed to User
Content that is offensive, indecent or otherwise not in line with your
expectations. You bear all risks associated with the use of any User Content
available in connection with the Service. At our discretion, our
representatives or technology may monitor and/or record your interaction with
the Service or communications (including without limitation chat text) when you
are using the Service.
By entering into these Terms of Service,
you hereby provide your irrevocable consent to such monitoring and recording.
You acknowledge and agree that you have no expectation of privacy concerning
the transmission of any User Content, including without limitation chat text or
voice communications.
If at any time Warm Heart Studio chooses,
in its sole discretion, to monitor the Service, Warm Heart Studio nonetheless
assumes no responsibility for User Content and assumes no obligation to modify
or remove any inappropriate User Content. We have the right, but not the
obligation, in our sole discretion to edit, refuse to post, or remove any User
Content.
3.2. Information Use by Other Members of
the Service
3.2.1. Public Discourse
The Service may include various forums,
blogs and chat features where you can post User Content, including your
observations and comments on designated topics. Warm Heart Studio cannot guarantee
that other members will not use the ideas and information that you share.
Therefore, if you have an idea or information that you would like to keep
confidential and/or don’t want others to use, do not post it on the Service. Warm Heart Studio shall have no responsibility to evaluate, use or compensate you for
any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the
information that you post on, through or in connection with the Service and
that you provide to others. Warm Heart Studio may reject, refuse to post or delete
any User Content for any or no reason, including, but not limited to, User
Content that in the sole judgment of Warm Heart Studio violates these Terms of
Service.
3.3. License
You hereby grant to Warm Heart Studio an
irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide
license (including the right to sublicense and assign to third party) and right
to copy, reproduce, fix, adapt, modify, create derivative works from,
manufacture, commercialize, publish, distribute, sell, license, sublicense,
transfer, lease, transmit, publicly display, publicly perform, or provide
access to electronically, broadcast, communicate to the public by
telecommunication, display, perform, enter into computer memory, and use and
practice, in any way, your User Content as well as all modified and derivative
works thereof in connection with our provision of the Service, including
marketing and promotions of the Service. You also hereby grant to Warm Heart Studio the right to authorize others to exercise any of the rights granted to Warm Heart Studio under these Terms of Service. You further hereby grant to Warm Heart Studio the unconditional, irrevocable right to use and exploit your name,
likeness and any other information or material included in any User Content and
in connection with any User Content, without any obligation to you. Except as
prohibited by law, you waive any rights of attribution and/or any moral rights
you may have in your User Content, regardless of whether your User Content is
altered or changed in any manner. Warm Heart Studio does not claim any ownership
rights in your User Content and nothing in these Terms of Service is intended
to restrict any rights that you may have to use and exploit your User Content. Warm Heart Studio has no obligation to monitor or enforce your intellectual property
rights in or to your User Content.
3.4. User Interactions
You are solely responsible for your
interactions with other users of the Service and any other parties with whom
you interact through the Service and/or Warm Heart Studio’S products. Warm Heart Studio reserves the right, but has no obligation, to become involved in any way
with these disputes. You will fully cooperate with Joy Wave Games to
investigate any suspected unlawful, fraudulent or improper activity, including,
without limitation,
granting Warm Heart Studio access to any
password-protected portions of your Account.
If you have a dispute with one or more
users, you release us (and our officers, directors, agents, subsidiaries, joint
ventures and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or
in any way connected with such disputes. If you are a California resident, you
waive California Civil Code §1542, which says: “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.”
4. FEES AND PURCHASE TERMS
4.1. Purchases
In the Service you may purchase, with
“real world” money, a limited, personal, non-transferable, non-sub licensable,
revocable license to use (a) “virtual currency”, including but not limited to
virtual cash or diamonds, all for use in Warm Heart Studio’S products; (b) “virtual
in-game items” (together with “virtual currency”, “Virtual Items”); and (c)
other goods or services (“Merchandise”). You may also obtain a license to use
Virtual Items by redeeming third party virtual currency such as Facebook
Credits.
Warm Heart Studio may manage, regulate,
control, modify or eliminate Virtual Items and/or Merchandise at any time, with
or without notice. Warm Heart Studio shall have no liability to you or any third
party in the event that Warm Heart Studio exercises any such rights.
The transfer of Virtual Items and
Merchandise is prohibited except where expressly authorized in the Service.
Other than as expressly authorized in the Service, you shall not sell, redeem
or otherwise transfer Virtual Items or Merchandise to any person or entity,
including but not limited to Warm Heart Studio, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD
PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
