Bucketplay Inc. Terms of Service
These Terms of Service (the “Terms”) apply to any user who is accessing Metaball our Free Cross Platform Game (“Metaball”) regardless of the platform you are using (“you”) and govern our mutual rights and obligations arising from the using Metaball and provision of the services. By using Metaball you enter into an agreement on provision of the services with us Bucketplay Inc of 926, U1 Technovalley, 92, Jomaru-ro 385beon-gil, Bucheon-si, Gyeonggi-do, Republic of Korea (hereinafter “Bucketplay” or “we”, “us” or “our”) (the “Agreement”).
We are constantly trying to improve Metaball and our services, so these Terms may need to change along with updates and services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Metaball interface, our website or the respective stores. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use Metaball or our services. If you use Metaball and our services in any way after a change to the Terms is effective, that means you agree to all of the changes.
1. Age limitation
Please note that Metaball is designed for users 13 years old and over (“Minimum Age”). By using Metaball, you need to confirm that you are at least of Minimum Age or that you have parental Consent if you are younger. We take no responsibilities if your age confirmation is not true. If you believe that a child under the Minimum Age may have provided us Personal Data, please contact us at firstname.lastname@example.org.
2. Devices License Agreement
① The following terms apply when you use Metaball obtained from either the Steam, or PlayStation or Xbox, or Nintendo store (each a “Distributor”) to access Metaball:
② the License granted to you for Metaball is limited to a non-transferable License to use Metaball on a device that utilizes the Steam, or PlayStation or Xbox systems or Nintendo, as applicable, and in accordance with the usage rules set forth in the applicable Distributor’s terms of service;
③ we are responsible for providing any maintenance and support services with respect to Metaball as specified in the terms and conditions of this License or as otherwise required under applicable law, and you acknowledge that each Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to Metaball.
④ you must comply with applicable third-party terms of agreement when using Metaball,
⑤ you acknowledge and agree that the Distributors are third-party beneficiaries of the terms and conditions in this License, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this License against you as a third-party beneficiary thereof.
① Your use of Metaball requires that you have hardware, software and an internet connection fulfilling certain recommended requirements. If the recommended requirements are not met, you may potentially still use Metaball, but normally with a lower quality or performance. Such reduced quality or performance will not give you the right to claim any compensation from Bucketplay.
② Metaball may not be always accessible due to the planned maintenance and updates. If possible, we will inform you about such maintenance in advance, by placing a notice on the Metaball interface, our website or the respective stores.
4. Nonexclusive license
Bucketplay grants you a limited, revocable, non-exclusive, non-sub-licensable license to install, copy and use Metaball solely as necessary for you to use the Service; and you will not (and you will not allow any third party to):
① copy, modify, adapt, translate or otherwise create derivative works of Metaball;
② reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Metaball, except as expressly permitted by the law in effect in the jurisdiction in which You are located;
③ rent, lease, sell, assign or otherwise transfer rights in or to Metaball;
④ remove any proprietary notices or labels on Metaball or placed by the Service;
⑤ use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or Metaball; or
⑥ use data labelled as belonging to a third party in the Service for purposes other than use of Metaball and Service.
5. Acceptable Use
You may use Metaball only for lawful purposes. You may not use Metaball:
① in any way that breaches any applicable local or international laws or regulations;
② in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
③ to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
④ to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
⑤ to mislead us (in particular, over your personality, age, the scope of legal capacity, etc.).
6. Intellectual property rights
① Intellectual property rights associated with Metaball, and its contents are our sole property or our affiliates. We reserve all rights to our intellectual property rights which are contained in, published at and/or provided through Metaball. We are the exclusive and unlimited owner of all the economic and, to the maximum extent possible and permitted by respective laws, moral rights to Metaball. The APP is protected by copyright.
② Metaball is not, in any case, transferred, assigned, sold or leased to you, and we retain ownership of Metaball even after installation on your personal devices.
③ You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the intellectual property rights to Metaball in any way.
④ All our trademarks, business names, logos, domain names, and any other our features and brand are our sole property. We do not grant you any rights to use any of our brands whether for commercial or non-commercial use.
⑤ Any graphics, data, photos, images, illustrations, texts and other content displayed or available on or through Metaball are protected by copyright and/or other intellectual property laws. You may not to abide by all copyright notices, trademark rules, information, and restrictions contained in any content you access through Metaball, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any content not owned by you, without the prior consent of the owner of that content or another authorization.
7. Personal Data protection
8. In-Game Purchases
① You can use Metaball either free or by purchasing the Additional Content, where available.
② We may provide you with a license to access and use in-game currency or other fictional representations of virtual valuables (the “Game Currency”).
③ The Game Currency can be purchased for real money and used to enhance your gameplay experience or to purchase certain virtual In-Game Items.
④ In-Game Items. We may provide you with a license to access and use certain virtual in-game items, expansions, customizations, or other cosmetic enhancements (the “In-Game Items”). The In-Game Items can be purchased for Game Currency, or for real money, where available.
⑤ After the respective payment has been received, we will do our best to deliver you Game Currency, In-Game Items, (hereinafter collectively referred to as the “Additional Content”) without undue delay. Our duty to deliver is considered performed after the respective amount of Additional Content has been delivered to your Account.
⑥ It is in our sole and absolute discretion to determine the Additional Content and/or other acquirable content purchasing price and sales. You acknowledge and agree that you do not own the Additional Content and that you only acquire a personal, limited, non-exclusive, non-sublicensable, revocable, non-transferable, worldwide license to access and use it.
⑦ Additional Content cannot be used outside of Metaball. It has no real value and cannot be exchanged for non-game (“real”) currency, services, or property, neither by us nor by third parties.
⑧ Notwithstanding the above, we retain the right to delete, withhold, alter, remove, change, amend, replace, re-price, in whole or in part, any and all Additional Content and Content, at our sole discretion with or without further notice to you. We shall not bear the liability of any kind whatsoever based upon the above. Your sole remedy resulting from such is to stop using Metaball.
⑨ All payments, transactions, and monetary operations are made by third-party payment service providers or payment processors. By making online purchases, you agree to be bound by their terms and conditions.
⑩ When making purchases, you must provide true, accurate, and complete information about yourself and provide a non-fraudulent means of payment. If our payment service provider or payment processor brings to our attention that the information you provided, personal and/or financial, is untrue, inaccurate, or incomplete, or that there are reasonable grounds to believe that the information you provide is untrue, inaccurate, or incomplete, we are therefore entitled to annul related financial transactions and revoke all associated licenses acquired via such transactions.
⑪ All Purchases are Non-refundable. We may only at our sole and absolute discretion, offer a refund.
9. Term and termination
① Agreement is entered into for an indefinite period of time.
② You are free to terminate the Agreement at any time, as well as the licenses above.
③ We are also free to terminate (or suspend access to) your use of Metaball and our services, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
④ Provisions that, by their nature, should survive termination of these Terms shall survive the termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding our ownership or intellectual property rights, and terms regarding disputes between us.
① While we make all efforts to maintain the accuracy of the information on Metaball, we provide the Services, Metaball and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
② You acknowledge that no Third Party is authorised to make any statement or representation for and on behalf of us.
③ To the full extent permissible by law, we disclaim all warranties, express or implied, relating to Metaball or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, Metaball, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
11. Limitation of Liability
① We are not liable for the completeness, accuracy or correctness of any information uploaded on Metaball and any Related Content. You expressly agree that your use of the Services and Metaball, is at your sole risk.
② You agree not to use the Services, Metaball and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, Metaball or any other website or software) for:
ⓐ loss of profits, sales, business, or revenue;
ⓑ business interruption;
ⓒ loss of anticipated savings;
ⓓ loss or corruption of data or information;
ⓔ loss of business opportunity, goodwill or reputation; or
ⓕ any other indirect or consequential loss or damage.
③ Nothing in these Terms shall limit or exclude our liability for:
ⓐ death or personal injury resulting from our negligence;
ⓑ fraud; and/or
ⓒ any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
④ These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and Metaball. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Services and Metaball which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
You agree to indemnify and hold us, our related, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of Metaball, our Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
13. Other important terms
① We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
② You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
③ No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
④ These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
⑤ If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
⑥ Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
⑦ These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of South Korea. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of South Korea.