Terms of Service

1. Introduction.

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF USE AGREEMENT. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS LEGAL CONTRACT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICE (AS DEFINED BELOW).

Thank you for using Eggtart Inc Service. If you reside outside of the Republic of Korea, the terms of this agreement (the “Terms of Service”) govern the relationship between you and Eggtart Inc a corporation duly organized and validly existing under the laws of Korea having its principal place of business Korea and/or its affiliates ( “Company,” ), regarding your use of Eggtart mobile games (“Company Games”) and related services, including, without limitation, the use of Company Games, participation in online communities for Company Games or social network services offered via the Company Platform or Company branded websites (collectively, the “Company Service”).

Use of the Company Service is also governed by Company Privacy Policy as well as the Company Community Standards, which is incorporated herein by reference. We may collect and use your content and information in accordance with this Privacy Policy.

By downloading Company Games, accessing and/or using the Company Service, and/or creating a Company Account, you accept and agree to be bound by the Terms of Service, the Company Privacy Policy, and the Company Community Standards (collectively, the “Company Policy”).

Company may amend, at our discretion, any portion of the Company Policy at any time by posting or displaying the amended Company Policy within and/or on Company Games, Company branded website, or the Company Platform. You will be deemed to have accepted such amendments by continuing to use the Company Service. Except as otherwise stated, any such amendments will be automatically effective 30 calendar days after they are initially posted.

2. License.

2.1. Ownership of Company

Company owns, has licensed, or otherwise has the right to use all of the content that appears in the Company 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 Company 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 Company.

2.2. Limited License

Company hereby grant you a non-exclusive, non-transferable, and revocable limited license to use the Company Service subject to the terms of the Company 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 Company 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

Company prohibits and does not recognize any purported transfers of virtual items or virtual currency effectuated outside of the Company Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Company Service, unless expressly authorized by Company. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.

PLEASE KEEP IN MIND THAT YOU MAY NOT RECEIVE CUSTOMER SUPPORTS OR MAY NOT USE VIRTUAL ITEMS OR VIRTUAL CURRENCY FOR WHICH YOU HAVE PAID IF YOU DELETE YOU DEVICE or DEVICE DATA BECAUSE Company Service SAVES YOUR GAME DATA ON YOUR DEVICE.

3. Game Account.

3.1. Guest Account

When Company Service provides the account function, but if you use the Company Service without creating a Company 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 supports to any users who have not created a Company Account.

3.2. Company Account.

This information will be held and used in accordance with our Privacy Policy.

3.3. Deactivating Your Company Account.

You may freely delete your Company Account at any time by logging into the Company Account and clicking “Delete Account” button. You may also request us to delete your Company 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 Company Service.

By transmitting, submitting, or posting any User Content while using the Company 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 (c) 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 Company Service. Company 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 Company Policy.

You further acknowledge and agree that any of your personal information within such content will at all times be processed by Company in accordance with its Privacy Policy.

4.2. License to Use User Content.

You hereby grant Company a worldwide, royalty free, non-exclusive, and unlimited license to use any User Content that you upload, submit, or transmit through the Company 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, Company will cease any use of the User Content within 3 months after receiving such a notice from you.

4.3. Content Screening.

You acknowledge and agree that Company 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. Company may revise the pricing for the goods and services it licenses to you through the Company Service at any time.

YOU AGREE AND ACKNOWLEDGE THAT Company 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.

6. Your Responsibility in Using Service.

You agree that, while using the Company 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 Company users or any members of Company 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 Company Service;

- interfere with or disable any security-related features of the Company Service, or any part thereof;

- damage, disable, overburden, or impair the Company 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 Company Service or (ii) attempting to disrupt servers that relate to the Company Service;

- make improper use of Company support services, including by submitting false abuse reports;

- misrepresent the source, identity, or content of information sent, posted, transmitted or made available via the Company Service;

- create a false identity or impersonate another person or entity, including, without limitation, identities falsely indicating that you are a Company 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 Company Service;

- modify any part of the Company Service without Company 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 Company prior written consent

- attempt to collect any personal information about any users or to disclose such information;

- share the password of the Company Account or other information that let 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 Company Service in any manner that may violate any applicable laws or regulations or is prohibited by the Company Policy.

7. Third Party Advertising

Company may feature advertisements from third parties or provide links on the Company 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 Company 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. Company 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 Company and may collect data or solicit personal information from you. Company 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

If you believe in good faith that any materials in Company Games, the Company Platform, or Company branded websites may infringe your copyright-protected work under applicable copyright laws, you may provide an infringement notice to Company . 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;

(c) 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; and

(e) Your physical or electronic signature.

The contact information of Company designated agent is as follows:

Eggtart Inc.

Email: eggtartinc@gmail.com

9.2. Counter Notification

If your User Content or other information has been taken down by the above-infringement notification, you may send Company 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 mistake or misidentification of the material in question;

(c) 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 Company Service. We may, at Company’s sole discretion, attempt to mediate disputes between users, but is not obliged to become involved in any way with such disputes.

10.2. Release

If you have a dispute with any users of the Company 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.

11. Suspension & Termination of Company Service

Company MAY LIMIT, SUSPEND, OR TERMINATE YOUR USE OF THE Company SERVICE AND/OR GAME ACCOUNT IF WE HAVE A REASONABLE BELIEF THAT YOU FAIL TO COMPLAY WITH ANY PORTION OF THE Company POLICY IN ACCORDANCE WITH THE Company COMMUNITY STADNARDS. For the avoidance of doubt, the Company Community Standards apply to all users of the Company Service, including any users who do not have a Company Account.

Company reserves the right to stop providing or supporting any part of the Company Service or a particular game at any time either permanently or temporarily, at which point your license to use the Company Service or a part thereof will be automatically terminated or suspended. In such an event, Company is not required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Company Service.

12. Disclaimers & Indemnifications

12.1. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE Company 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 FOREGOING, NEITHER Company NOR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, COOPERATORS OF THE Company PLATFORM, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “Company 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 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 Company 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 Company PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Company 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 Company PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID Company IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

12.3. Indemnification

You agree to indemnify and hold harmless Company Parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of (a) your use or misuse of the Company Service, (b) any violation by you of the Company Policy, or (c) any breach of the representations, warranties, and covenants made by you herein.

Company may assume the defense of any matter for which you are required to indemnify Company by sending notice of such an intention to you. You shall use best efforts to cooperate with Company defense of these claims.

13. General Provision

13.1. Governing Law

The laws of the Republic of Korea (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to the Company 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 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 upon 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, Company will be entitled to recover attorney fees and costs up to $1,000, provided that Company has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.

13.3. Entire Agreement

The Company Policy is complete and exclusive understanding of you and Company relating to your use of the Company Service, and supersede all prior understandings of the parties hereto.

13. 4. Language

The translation of English language version of the Company Policy is provided for informational purposes only and does not modify the Korean language version of the Company Policy. If there is a conflict between the English language version of the Company Policy and its translation, the English version of the Company Policy will control.

The failure of Company to require or enforce strict performance by you of any provision of the Company Policy or failure to exercise any right hereunder will not be considered a waiver or relinquishment of Company right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by Company 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. No Waiver

The failure of Company to require or enforce strict performance by you of any provision of the Company Policy or failure to exercise any right hereunder will not be considered a waiver or relinquishment of Company right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by Company 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.

13.6. Force Majeure

Company will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of Company, including, without limitation, any failure to perform under the Company Policy due to unforeseen cause beyond Company 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

13.7. Severability

If any portion of the Company Policy is determined to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions of the Company Policy remain in full force and effect.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT SELECTING THE “ACCEPT” BUTTON AND/OR YOUR USE OF ANY OF THE PROPERTIES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.