This Terms of Service (“Terms”) is an agreement between you and Prettybusy and/or
its affiliates(“Prettybusy”, “we”, “us”, or “our”) regarding your use of
Prettybusy games, websites and related services (the “Services”). These Terms
includes our policy for acceptable use of the Services and governs your rights,
obligations and restrictions regarding your use of the Services. You are only
authorized to use the Services if you agree to abide by all applicable laws and
this Terms. These Terms include the Prettybusy Privacy Policy.
Prettybusy reserves the right to modify these Terms, at its sole
discretion, from time to time by posting the modified version of Terms. Please
periodically review the controlling version of these Terms. You will be deemed
to have agreed to any such modifications by continuing to use the Services
after any such modification is posted. It is therefore important that you
review this Terms regularly to ensure you are updated as to any changes. If you
do not agree with the modifications, please discontinue use of the Services
immediately.
Before accessing or using the Services, including browsing any Prettybusy
website or accessing a game, you must agree to these Terms and Privacy Policy.
You may also be required to register an account on the Services (an “Account”).
By registering for an Account or otherwise using the Services, you represent
that you are age 13 or older and you understand and agree to these Terms. 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 Services from a
Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply
with its terms of service/use as well as these Terms.
Prettybusy owns, has licensed, or otherwise has the right to use all of
the content that appears in the Prettybusy Services, including, without
limitation, an Account, Virtual Items (as defined below).
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY
INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS
IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT
OF PRETTYBUSY.
Subject to your agreement and continuing compliance with these Terms and
any other relevant our policies, we grant you a non-exclusive,
non-transferable, non-sublicensable, revocable limited license subject to the
limitations below to access and use the Services for your own non-commercial
entertainment purposes. You agree not to use the Services for any other
purpose.
2.
SERVICE
Prettybusy provides users with access to interactive software products
that, among other things, enable multiplayer gaming experiences on mobile
devices. The Services may be made available to you directly, or through third
party services, such as App Store and Google Play. These third party services
may require you to download and install software and create an Account before
downloading the Services. In addition, you may be required to register an
Account with third party services, such as Game Center or Google+ and sign into
that Account in order to access some portions and features of the Services. If
you choose to create and utilize an Account, you are responsible for
maintaining the confidentiality of the password and username, and you are fully
and solely responsible for all activities that occur under your password or
username. Please immediately notify us of any unauthorized use of your password
or username or any other breach of security by contacting us at our Customer
Support Center through in-game setting or option menu. If you interact with us
or with third-party service providers, and in the course of that interaction
you provide to us (or the applicable third party) information about you,
including contact information, biographical information, and credit card or
other payment information, you agree that all information that you provide will
be accurate, complete, and current. You will review all policies and agreements
applicable to use of third party services.
3.
Guest Account
If you use the Prettybusy Service without a Game Center or Google Plus
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.
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 CHANGE
YOUR MOBILE DEVICE WITHOUT CONNECTING TO A GAME CENTER AND GOOGLE PLUS ACCOUNT.
4.
SUSPENSION AND
TERMINATION OF ACCOUNT AND SERVICES
WITHOUT LIMITING ANY OTHER REMEDIES, PRETTYBUSY MAY LIMIT, SUSPEND,
TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO PRETTYBUSY SERVICES OR
PORTIONS THEREOF IF YOU ARE, OR PRETTYBUSY 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 PRETTYBUSY 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.
PRETTYBUSY RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN
INACTIVE FOR 180 DAYS.
Prettybusy reserves the right to stop offering and/or supporting the
Services or a particular game or part of the Services at any time, at which
point your license to use the Services or a part thereof will be automatically
terminated. In such event, Prettybusy 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
Services or any part thereof including any content you submitted or others
submitted.
5.
PROHIBITED
CONDUCT/REPRESENTATIONS AND WARRANTIES
You represent and warrant that you will not, in connection with your use
of the Services:
Any conduct by you in violation of the foregoing prohibitions may result
in the suspension or termination of your Account and your access to the
Services.
6.
Intellectual Property
Prettybusy and our associated logos and names are our trademarks and/or
service marks. Other trademarks, service marks, names and logos used on or
through the Services, are the trademarks, service marks or logos of their
respective owners. You are granted no right or license with respect to any of
the aforesaid trademarks, service marks or logos.
Certain materials available on or through the Services are our Works. Our
Works may be protected by copyright, trademark, patent, trade secret and/or
other laws, and we reserve and retain all rights in our Works and the
Applications. We hereby grant you a royalty-free, limited, revocable,
non-sublicensable, and non-exclusive license to reproduce our Works solely for
your personal use in connection with using the Applications. You may not
otherwise reproduce (other than incidental reproduction required to run the
Application on your device), distribute, communicate to the public, make
available, adapt, publicly perform, or publicly display the Works or any
adaptations thereof unless expressly set forth herein. Such conduct would,
among other things, exceed the scope of your license and constitute
infringement of our proprietary rights.
As part of this license, you will not:
The above described license is conditioned on your compliance with these
Terms, and shall terminate upon the earlier of: (a) your breach of these Terms;
or (b) our termination of these Terms. If you breach any provision of these
Terms, any license you have obtained will be automatically rescinded and
terminated. In order to protect our rights some Content made available on the
Applications may contain watermarks and/or be controlled by other digital
rights management technologies, which will restrict how you may access and use
the Content. You must not remove, delete, or alter any watermark or other
digital rights management technology or other information. Such conduct is
prohibited by law.
When you download or otherwise copy our Applications and Works, you are
not buying or being gifted copies thereof. Instead, you are licensing a
limited, revocable, non-sublicensable, and non-exclusive right to access and
use the Application for personal, non-commercial use, subject to specific terms
and conditions (the “Content License”). Under this Content License you may not
thereafter reproduce, distribute, communicate to the public, make available,
adapt, publicly perform, or publicly display the Applications and Works or any
adaptations thereof unless expressly set forth herein. Such conduct would
exceed the scope of your Content License and constitute copyright infringement.
At the expiration of your Content License or the termination of these Terms,
you will delete or otherwise dispose of all copies of Applications and Works in
your possession.
7.
VIRTUAL ITEMS
Our Services may include (a) virtual currency, including but not limited
to coins, gems, cash, tokens, or points, all for use in the Services; (b)
virtual in-game items; or (c) certain in-game benefits (collectively, “Virtual
Items”). You may earn or purchase Virtual Items for real money and/or other
credits.
You acknowledge and agree that all sales of Virtual Items are final and
non-refundable. The purchase of any Virtual Item is merely the purchase of a
limited personal revocable license to use the Virtual Item exclusively in the
applicable Services and does not transfer ownership of that Virtual Item to
you. This license is personal to you and cannot be sold, transferred, assigned,
gifted, traded or sublicensed. Accordingly, we expressly prohibit and do not
recognize any purported sales, transfers, assignments, gifts, trades or
sublicenses of Virtual Items, whether for “real money,” goods or any other
exchange outside of the Services. Any such transfer or attempted transfer is
prohibited and void, and may subject you to a termination of your account, a
lifetime ban from our products and services, and/or legal action.
YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL ITEMS HAVE NO REAL WORLD VALUE AND
CANNOT BE REDEEMED FOR ACTUAL CURRENCY, GOODS OR OTHER ITEMS OF MONETARY VALUE,
INCLUDING IN THE EVENT THAT YOU HAVE UNUSED VIRTUAL ITEMS REMAINING IN YOUR
ACCOUNT AT THE TIME YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY
OR NOT.
We reserve the right to control, regulate, change or remove any Virtual
Items in our sole discretion and without any liability to you. We reserve the
right to charge fees for the right to access or use Virtual Items, and we may
revise the perceived value or pricing for any Virtual Items. We may also decide
to distribute Virtual Items without charge, at our sole discretion.
8.
PURCHASES / PAYMENTS
/ REFUNDS
We associate ourselves with certain Services, including, without
limitation, for the download of Services, and the purchase of Virtual Items.
Such products or services will be made available for purchase on a third party
store used by us (such as Google Play or App Store). Certain Services allow you
to purchase Virtual Items within the Services. Such purchases may be made
available in both Services which you must purchase to download as well as
Services which are free to download.
You are responsible for all third party charges, including but not
limited to the internet connection, and mobile communication charges, that you
may incur for accessing or using our Services. Prices for all products and
services exclude all applicable taxes and telecommunication charges, unless
otherwise indicated. To the extent permissible by law, you agree to be
responsible for any such applicable taxes and telecommunication charges. Your
purchase of any Services, or Virtual Items or other content through the
Services constitutes your representation and warranty that you are of legal age
to form a binding contract, and if not of legal age that you have placed such
order with the permission of a parent or legal guardian, and that you are not a
person barred from using or receiving the Services by any local, state, federal
or international law.
We assume no liability for purchaser error, trial versions, software
purchased for the wrong device or platform, promotion codes or discounts not
provided at the time of purchase. We will not be liable for any errors on
billing statements issued to you by your carrier. You accept full
responsibility for confirming that the phone or other device manufacturer,
phone or other device model, and carrier are supported and that the phone or
other device is compatible to the products or services purchased, downloaded or
otherwise obtained by you through the Services. Please read the system
requirements very carefully before making any purchases.
9.
USER CONTENT
“User Content” means any communications, images, sounds, and all the
material, data, and information that you upload or transmit through the
Services, or that other users upload or transmit, including without limitation
any chat text. You understand that all User Content is the sole responsibility
of the person from whom such content originated. We do not control User Content
and we do not make any guarantee whatsoever related to User Content. Although
we sometimes review User Content, we are not obligated to do so. Under no circumstances
will we be liable or responsible in any way for any claim related to User
Content.
By posting any User Content to or through the Services, you grant us a
royalty-free, irrevocable, transferrable, sub-licensable, perpetual and
non-exclusive license throughout the universe for use in any and all media
whether now known or hereafter devised to copy, modify, distribute, display,
broadcast, perform, make derivative works from, use and otherwise exploit any
and all such User Content for any purpose whatsoever, including without
limitation any commercial, advertising, or promotional uses, and to license
third parties to do the same. You also waive to the full extent permitted by
law any and all claims against us related to moral rights in User Content. In
no circumstances will we be liable for any exploitation of any User Content
that you post. You affirm, represent, and warrant that you own or have the
necessary licenses, rights, consents, and permissions to publish Content you
post.
If any of the User Content that you post to or through the Services
contains ideas, suggestions, documents, and/or proposals to us, we will have no
obligation of confidentiality, express or implied, with respect to such User
Content, and we shall be entitled to use, exploit or disclose (or choose not to
use or disclose) such User Content at our sole discretion without any
obligation to you whatsoever (i.e., you will not be entitled to any
compensation or reimbursement of any kind from us under any circumstances).
If any of the User Content you post to or through the Services contain
the name, image, voice, likeness, or biographical information (“Likeness”) of
any person, you hereby represent to Prettybusy that you have obtained all
necessary rights to that Likeness, and that Prettybusy’s use of that person’s
Likeness will not violate the proprietary rights of any person or entity. Upon
request, you will provide Prettybusy with a signed consent regarding the rights
granted to Prettybusy regarding your Likeness, and you will provide Prettybusy
with copies of similar consents and permissions for any Likeness other than
your own that is included in your User Content.
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 Prettybusy in
accordance with its Privacy Policy. Prettybusy reserves the rights 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.
10.
LINKS
We may feature advertisements from third parties or provide links on the
Services 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
Services and/or benefits. Any charges or obligations you incur in your dealings
with these third parties are your sole responsibility. We make 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 us and may collect data or solicit personal information from
you. We are not responsible for their content, business practices or privacy
policies, or for the collection, use or disclosure of any information those
sites may collect.
11.
PUSH 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.
12.
INFRINGEMENT
Without limiting the foregoing, if you believe that any content,
including User Content, or other materials, posted on the Services constitutes
an infringement of your copyrights or trademarks, we will respond promptly to
any properly submitted notice containing the information detailed below. Please
contact us at our Customer Support Center through in-game setting or option
menu.
The written notice of infringement must provide the following
information:
Please note that any person who knowingly materially misrepresents that
material or activity is infringing, or that the material or activity was
removed or disabled by mistake or misidentification may be subject to
liability. Please also be advised that we may terminate or disable user account
following repeated notice and takedown requests for two or more postings by the
user.
13.
INDEMNIFICATION
You will indemnify and hold us harmless from any and all third party
claims, losses, damages, liabilities, costs, and expenses (including reasonable
attorneys’ fees and expenses), relating to or arising under or out of the
relationship between you and us described in these Terms, including any breach
of the representations and warranties contained herein, or your violation or
breach of any rights of or agreements, undertakings, representations or
warranties with another in any way related to the Services and/or Content. You
hereby agree that we shall have the sole right and obligation to control the
legal defense against any such claims, demands, or litigation, including the
right to select counsel of our choice and to compromise or settle any such
claims, demands, or litigation.
14.
DISCLAIMERS
YOU USE THE APPLICATIONS AT YOUR SOLE RISK. WE PROVIDE THE APPLICATIONS
“AS IS” AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED
BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE APPLICATIONS AND GOODS OR
SERVICES PURCHASED THROUGH THE APPLICATIONS, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM YOUR USE OF THE APPLICATIONS.
WE MAKE NO WARRANTY THAT (1) THE APPLICATIONS WILL MEET YOUR
REQUIREMENTS; (2) THE APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (3) THE APPLICATIONS’ RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE
QUALITY OF ANY PRODUCTS, SERVICES OR MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE APPLICATIONS WILL MEET YOUR EXPECTATIONS; OR (5) THE APPLICATIONS,
OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE APPLICATIONS SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15.
LIMITATION OF
LIABILITY
To the extent allowed by law, we shall not be responsible or liable to
you for any loss or damage of any sort incurred as the result of the following:
PRETTYBUSY SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT,
PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL,
INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN
ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE,
ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THESE
TERMS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER THE ACTION IS FOUNDED UPON CONTRACT; INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. PRETTYBUSY SHALL NOT BE
LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO PRETTYBUSY IN
ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX MONTHS IMMEDIATELY PRECEDING
THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLODGE AND AGREE THAT IF
YOU HAVE NOT PAID ANYTHING TO PRETTYBUSY DURING SUCH TIME PERIOD, YOUR SOLE
REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH PRETTYBUSY IS TO STOP
USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. YOU AGREE NOT TO FILE ANY LAWSUIT
OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
Some jurisdictions may not permit certain liability limitations. If any
court determines the law of such a jurisdiction applies, OUR liability shall be
limited to the greatest extent permitted by law.
16.
Dispute Resolution
If a dispute arises between you and Prettybusy, we strongly encourage you
to first contact us directly to seek a resolution quickly by contacting us at
our Customer Support Center through in-game setting or option menu. These Terms
of Service and any dispute arising out of or related to it or Privacy Policy or
the Service shall be governed in all respects by Law of Republic of Korea,
without regard to conflict of law provisions. You agree that any claim or
dispute you may have against Prettybusy must be resolved exclusively by a court
located in Seoul, Korea.
17.
Force Majeure
Prettybusy will not be liable for any delay or failure to perform
resulting from any cause outside the reasonable control of Prettybusy,
including, without limitation, any failure to perform under the Prettybusy
Policy due to unforeseen cause beyond Prettybusy’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, cybercrimes, strikes, or shortages of transportation facilities, fuel,
energy, labor or materials.
18.
Miscellaneous
These Terms constitute the entire agreement between you and Prettybusy,
and govern your use of the Services.
These Terms supersede any prior agreements between you and us with
respect to the Services.
These Terms and the rights, benefits and obligations contained herein are
fully assignable by us and will be binding upon and inure to the benefit of our
successors and assigns.
No party, nor any of the parties’ respective attorneys, shall be deemed
the drafter of this agreement for purposes of interpreting any provision hereof
in any judicial or other proceeding that may arise between the parties.
Except as otherwise expressly provided in these Terms, there shall be no
third-party beneficiaries to this agreement. For the purpose of clarity,
Prettybusy’s affiliates, representatives, managers, partners, joint ventures,
employees, and agents are intended third-party beneficiaries.
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by these Terms.
Any failure by us to exercise or enforce any right or provision of these
Terms shall not constitute a waiver of such right or provision. Any waiver of
any right or provision of these Terms must be in writing.
If any provision of these Terms is found by a court of competent
jurisdiction to be invalid, the court should nevertheless endeavor to give
effect to the parties’ intentions as reflected in the provision, and the other
provisions of these Terms remain in full force and effect.
The headings in these Terms are for convenience only and have no legal or
contractual effect.
We may terminate these Terms for any or no reason at any time by
notifying you through a notice on the Applications, by email, or by any other
method of communication. Any such termination will be without prejudice to our
rights, remedies, liability limitations, warranty disclaimers, claims, or
defenses hereunder. Upon termination of these Terms you will no longer have a
right to access your account, your code, or your User Content. We will not have
any obligation to assist you in migrating your data or your User Content and we
may opt not to keep any backup of any of your User Content. We will not be
responsible for deleting your User Content. Note that, even if your User
Content is deleted from our active servers, it may remain in our archives (but
we have no obligation to archive or back-up your User Content).
Upon termination of these Terms the following provisions will survive: 7,
8, 9, 10, 12, 13, 14, 15, 17, 18.
Last updated: April 25, 2022