Hive Membership Terms of Service
1. Introduction
If you reside outside of the Republic of
Korea, the terms of this agreement (the “Terms of Service”) govern the
relationship between you and Com2uS Platform Corp.(“Com2uS Platform,” “we,” or
“us”) regarding your (“user” or “you”) use of Com2uS Platform’s Hive Membership
Service("Hive Membership Service") and related services, including,
without limitation, the use of Hive Membership Service, participation in an
online community for Hive Membership Service, or social network services
offered via the Hive Membership or Com2uS Platform branded websites
(collectively, the “Com2uS Platform Service”).
Com2uS Platform offers and manages the Hive
membership service, which enables users to access mobile games (“Games”) applied
with Hive using the same account they created from the membership sign-up. For
the avoidance of doubt, we assume no responsibility, obligation, or liability
for your use of game services via the Hive Membership Service.
Use of the Com2uS Platform Service is also
governed by the Com2uS Platform Privacy Policy as well as the Hive Community
Standards, which are incorporated herein by reference. We may collect and use
your content and information in accordance with this Privacy Policy.
By downloading Games including Hive
Membership Service, accessing and/or using the Com2uS Platform Service, and/or
creating a Hive Membership Account, you accept and agree to be bound by the
Terms of Service, the Com2uS Platform Privacy Policy, and the Hive Community
Standards (collectively, the “Com2uS Platform Policy”).
Com2uS Platform may amend, at our
discretion, any portion of the Com2uS Platform Policy at any time by posting or
displaying the amended Com2uS Platform Policy within and/or on Games including
Hive Membership Service, Com2uS Platform branded website, or the Hive Platform.
You will be deemed to have accepted such amendments by continuing to use the
Com2uS Platform Service. Except as otherwise stated, any such amendments will
be automatically effective after they are initially posted.
By agreeing with the Com2uS Platform
Policy, you represent that you are thirteen (13) years of age or older. If you
are between the ages of 13 and 18, you represent that your legal guardian has
reviewed and agrees to the Terms of Service.
If you do not agree with any portion of the
Com2uS Platform Policy, your only remedy is to discontinue your use of the
Com2uS Platform Service and cancel the accounts you have made through the
Com2uS Platform Service. If you violate any of the Terms of Service, Com2uS
Platform reserves the right to issue you a warning regarding the violation or
immediately terminate or suspend, without notice, any or all accounts you have
created using the Com2uS Platform Service.
2. License
2.1. Ownership of Com2uS Platform
Com2uS Platform owns, has licensed, or
otherwise has the right to use all of the content and materials that are a part
of the Com2uS Platform Service, including, without limitation, designs, text,
graphics, pictures, video, information, applications, software, music, sound,
other files, user accounts, virtual items and virtual currencies, and their
selection and arrangement, which are all protected by law from unauthorized
use. The entire contents of the Com2uS Platform Service are copyrighted under
the United States copyright laws and/or similar laws of other jurisdictions.
By using the Com2uS Platform Service, you
agree that no content or materials that are a part of the Com2uS Platform
Service may be modified, copied, distributed, framed, reproduced, republished,
downloaded, scraped, displayed, posted, transmitted or sold in any form or by
any means, in whole or in part, or otherwise exploited, without Com2uS
Platform’s express prior written permission, expect that the foregoing does not
apply to your own User Content (as defined in Section 4.1) that you legally
post on the site.
All other uses of copyrighted material,
including any derivative use, requires express prior written permission from
Com2uS Platform. Any reproduction or redistribution of materials not in
accordance with the Terms of Service is expressly prohibited and may result in
severe civil and criminal penalties. Com2uS Platform and/or its licensors
remain the owners of right, title and interest, including copyrights and other intellectual
property rights, in and to all materials posted on the Com2uS Platform Service
by Com2uS Platform.
By using the Com2uS Platform Service, or by
accessing any materials posted on the Com2uS Platform Service by Com2uS
Platform, or derivative works thereof, you acknowledge that you do not acquire
any ownership rights.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO
OWNERSHIP OR OTHER PROPERTY INTEREST IN A GUEST OR Hive MEMBERSHIP ACCOUNT
(COLLECTIVELY, “GAME ACCOUNTS”), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL
RIGHTS IN AND TO GAME ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO
THE BENEFIT OF COM2US PLATFORM.
2.2. Limited License
Com2uS Platform hereby grants you a
personal, non-exclusive, non-transferable and revocable limited license to use
the Com2uS Platform Service subject to the terms of the Com2uS Platform Policy.
3. Account
3.1. Guest Account
If you use the Com2uS Platform Service
without creating a Hive Membership Account, we will create and assign to your
device an identifier that is similar to an account number (“Guest Account”). We
will use the Guest Account information for providing customer support to any
users who have not created a Hive Account.
If you use a Guest Account, you can only
use a limited number of Hive membership features. Reinstalling the mobile game
application after uninstallation may delete any previously saved data.
BE NOTED THAT YOU MAY NOT RECEIVE A
CUSTOMER SUPPORT SERVICE IF YOU SWITCH YOUR MOBILE DEVICE WITHOUT FIRST
REGISTERING A HIVE MEMBERSHIP ACCOUNT.
3.2. Hive Membership Account and Identity
Provider Linked Account
We strongly encourage you to create a Hive Membership
Account or account linked identity providers (“Identity Provider Linked
Account”) because such an account:
(a) enables us to contact you for customer
support purposes even when you change your mobile device; and
(b) enables you to log-in and use the Hive
Platform when you are playing Games including Hive Membership Service without
creating further account.
When creating a Hive Membership Account,
you may be required to provide Com2uS Platform with certain personal
information. This information will be held and used in accordance with our
Privacy Policy. When creation a Identity Provider Linked Account, your
information may be delivered to Com2uS Platform from Identity Provider, and
such information will be held and used in accordance with our Privacy Policy.
3.3. Deactivating Your Hive Membership
Account and Identity Provider Linked Account
You may freely delete your Hive Membership
Account or Identity Provider Linked Account at any time by logging into the
Hive Membership Account or Identity Provider Linked Account and clicking the
“Delete Account” button. You may also request us to delete your Hive Membership
Account or Identity Provider Linked Account by contacting our customer support
team. We will use commercially reasonable efforts to respond to your request.
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 Com2uS Platform Service.
By transmitting, submitting or posting any
User Content while using the Com2uS Platform Service, you affirm, represent and
warrant that such transmissions or submissions are (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
Com2uS Platform Service. Com2uS Platform 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
Com2uS Platform Policy. You further acknowledge and agree that any of your
personal information within such User Content will at all times be processed by
Com2uS Platform in accordance with its Privacy Policy.
4.2. License to Use User Content
You hereby grant Com2uS Platform a
worldwide, royalty-free, non-exclusive and unlimited license to use any User
Content that you upload, submit or transmit through the Com2uS Platform
Service, including, without limitation, the right to sublicense and assign to
third parties, and the right to copy, reproduce, fix, adapt, modify, improve,
translate, reformat, create derivative works therefrom, 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, Com2uS Platform will
cease any use of the User Content within three (3) months after receiving such
notice from you.
4.3. Content Screening
You acknowledge and agree that Com2uS
Platform may reject, refuse to post, delete or edit any User Content for any
reason at its sole discretion.
5. Your Responsibility while Using the
Com2uS Platform Service
You agree that, while using the Com2uS
Platform 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
Com2uS Platform Service users or any employee of Com2uS Platform;
• 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 Com2uS Platform Service;
• interfere with or disable any
security-related features of the Com2uS Platform Service, or any part thereof;
• damage, disable, overburden or impair the
Com2uS Platform Service, including, without limitation, by (a) sending,
posting, transmitting or distributing anything that contains a virus, spyware
or other harmful material intended to damage or interfere with the Com2uS
Platform Service or (b) attempting to disrupt servers that relate to the Com2uS
Platform Service;
• make improper use of Com2uS Platform’s
support services, including, without limitation, by submitting false abuse reports;
• misrepresent the source, identity or
content of information sent, posted, transmitted or made available via the
Com2uS Platform Service;
• create a false identity or impersonate
another person or entity, including, without limitation, identities falsely
indicating that you are a Com2uS Platform 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, underlying ideas or
algorithms of any part of the Com2uS Platform Service;
• modify any part of the Com2uS Platform
Service without Com2uS Platform’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;
• purchase, sell, trade or promote the sale
of Game Accounts for profit;
• send, post, transmit or make available
any unsolicited or inappropriate content or other unsolicited or unauthorized
commercial or promotional content, information or communications without Com2uS
Platform’s prior written consent;
• develop, distribute or publicly inform
other members of “auto” software programs, “macro” software programs or other
“cheat utility” software programs or applications in violation of the
applicable license agreements;
• exploit, distribute or publicly inform
other members of any game error, miscue or bug which gives an unintended
advantage;
• attempt to collect any personal
information about any Com2uS Platform Service users or to disclose such
information;
• share the password of the Hive Membership
Account or other information that let anyone else access your Game Account;
• access another Com2uS Platform Service
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 Com2uS Platform Service in any
manner that may violate any applicable laws or regulations or is prohibited by
the Com2uS Platform Policy.
6. SMS Notifications, Push Notifications,
Local Notifications and E-Mail Notification
Your mobile device may get local or push
notifications informing you of events, updates and other messages related to
the Hive Membership Service. We may send emails to your email address to inform
you of Hive membership updates, events and other pertinent items related to the
Hive Membership Service. If you do not want receive our e-mail notification,
please contact us. 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.
7. Copyright Notice
7.1. 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 Hive Membership Service or Com2uS Platform branded websites may
infringe your copyright-protected work under applicable copyright laws, you may
provide an infringement notice to the Com2uS Platform’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;
(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 Com2uS
Platform’s designated agent is as follows:
Com2uS Platform Corp.
Attn: Legal Affair Department Agent
22F, A-dong, BYC Highcity B/D, 131
GasanDigital 1-ro, Geumcheon-gu, Seoul, Republic of Korea
Email: platform.legal@com2us.com
7.2. Counter Notification
If your User Content or other information
has been taken down by the above-infringement notification, you may send the
Com2uS Platform’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 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 attorneys’ fees) if you materially
misrepresent that your User Content or your activity is not infringing the
copyrights of others.
8. User Interactions
8.1. Member Disputes
You are solely responsible for your
interactions with other users of the Com2uS Platform Service. We may, at our
sole discretion, attempt to mediate disputes between users, but are not obliged
to become involved in any way with such disputes.
8.2. Release
If you have a dispute with any users of the
Com2uS Platform 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.”
9. Suspension & Termination of the
Com2uS Platform Service
COM2US PLATFORM MAY LIMIT, SUSPEND OR TERMINATE
YOUR USE OF THE COM2US PLATFORM SERVICE IF WE HAVE A REASONABLE BELIEF THAT YOU
FAIL TO COMPLY WITH ANY PORTION OF THE COM2US PLATFORM POLICY IN ACCORDANCE
WITH THE Hive COMMUNITY STANDARDS. For the avoidance of doubt, the Hive
Community Standards apply to all users of the Com2uS Platform Service,
including any users who do not have a Hive Account.
Com2uS Platform reserves the right to stop
providing or supporting any part of the Com2uS Platform Service or a particular
game at any time either permanently or temporarily, at which point your license
to use the Com2uS Platform Service or a part thereof will be automatically
terminated or suspended. In such an event, Com2uS Platform is not required to
provide refunds, benefits or other compensation to users in connection with
such discontinued elements of the Com2uS Platform Service.
10. Disclaimers & Indemnifications
10.1. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT
USE OF THE COM2US PLATFORM 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 COM2US PLATFORM NOR ANY OF THEIR DIRECTORS, EMPLOYEES,
AGENTS, THIRD-PARTY CONTENT PROVIDERS, COOPERATORS OF THE Hive PLATFORM,
DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “COM2US PLATFORM PARTIES”)
ASSUME LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES OR INACCURACIES
OF CONTENT, (b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER
RESULTING FROM YOUR ACCESS TO AND USE OF THE COM2US PLATFORM SERVICE, (c) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE COM2US PLATFORM SERVICE, (e) BUGS,
VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE
COM2US PLATFORM SERVICE BY ANY THIRD PARTY, AND/OR (f) ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA
THE COM2US PLATFORM SERVICE.
10.2. 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
COM2US PLATFORM 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 COM2US PLATFORM SERVICE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT
COM2US PLATFORM PARTIES, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS
AND EMPLOYEES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COM2US PLATFORM
PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE
COM2US PLATFORM SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF
THE COM2US PLATFORM 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 COM2US PLATFORM PARTIES BE LIABLE TO YOU FOR
MORE THAN THE AMOUNT YOU HAVE PAID COM2US PLATFORM IN THE ONE HUNDRED AND
EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT
ANY SUCH CLAIM.
10.3. Indemnification
You agree to indemnify and hold harmless
Com2uS Platform Parties from any claims, losses, damages or liabilities,
including legal fees and expenses, arising out of (a) your use or misuse of the
Com2uS Platform Service, (b) any violation by you of the Com2uS Platform Policy
or (c) any breach of the representations, warranties and covenants made by you
herein.
Com2uS Platform may assume the defense of
any matter for which you are required to indemnify Com2uS Platform by sending
notice of such an intention to you. You shall use best efforts to cooperate
with Com2uS Platform’s defense of these claims.
11. General Provision
11.1. 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 Com2uS Platform Policy, including, without
limitation, its validity, interpretation, construction, performance and
enforcement.
11.2. Dispute Resolution
If you have any claim arising out of this
Terms of Service 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 thirty (30) calendar days after
the first contact occurs, either party may refer such a dispute in Seoul,
Republic of Korea, 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
this Section 12.2. will be considered improperly filed. If you file a claim
improperly, Com2uS Platform will be entitled to recover attorneys’ fees and
costs up to US$1,000, provided that Com2uS Platform has notified you in writing
of the improperly filed claim and you have failed to promptly withdraw the
claim.
11.3. Entire Agreement
The Com2uS Platform Policy is complete and
exclusive understanding of you and Com2uS Platform relating to your use of the
Com2uS Platform Service, and supersede all prior understandings of the parties
hereto.
11.4. Language
The translation of the English language
version of the Com2uS Platform Policy is provided for informational purposes
only and does not modify the English language version of the Com2uS Platform
Policy. If there is a conflict between the English language version of the
Com2uS Platform Policy and its translation, the English language version of the
Com2uS Platform Policy will control.
11.5. No Waiver
The failure of Com2uS Platform to require
or enforce strict performance by you of any provision of the Com2uS Platform
Policy or failure to exercise any right hereunder will not be considered a
waiver or relinquishment of Com2uS Platform’s right to assert or rely upon any
such provision or right in that or any other instance. An express waiver made
by Com2uS Platform 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.
11.6.
Force Majeure
Com2uS Platform will not be liable for any
delay or failure to perform resulting from any cause outside the reasonable
control of Com2uS Platform, including, without limitation, any failure to
perform under the Com2uS Platform Policy due to unforeseen cause beyond Com2uS
Platform’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
11.7.
Severability
If any portion of the Com2uS Platform
Policy is determined to be invalid, illegal or unenforceable by any court of
competent jurisdiction, the remaining provisions of the Com2uS Platform Policy
remain in full force and effect.