TERMS OF SERVICE
Thank you for enjoying the games we create. In order to create a better player experience for our entire community, we require all of our players to carefully review and accept the following General Considerations, Community Guidelines, and End User License Agreement. This not only helps us preserve a healthy and fun environment or all of our players, but it also allows us to continuously improve your player experience.
General Considerations and Definitions
For purposes of this Agreement, “Website” means madworldmmo.com, jandisoft.com and all subpages thereto, including social media pages and accounts, and digital storefronts such as the Steam page for Jandisoft or any of our respective titles, or international storefronts.
The term “Game” or “Games” means our interactive entertainment products (namely “Mad World MMO”), including the game client and all versions thereof across all consoles and playable platforms, and also refers to all expansions, updates, and game keys for digital download, as well as all content and intellectual property embodied therein.
“Intellectual Property” means all copyrights, trademarks, patents and inventions, trade secrets, personality rights, and other proprietary rights commonly identified as “intellectual property rights” or pseudo- intellectual property rights by applicable foreign or domestic law, and by way of example but by no means a limitation of the foregoing includes: visual assets, Game code, artwork, music, audiovisual works, methods, processes, prototypes, technology, storyboards, characters, plot devises, slogans, logos, and any material distributed under confidentiality or non-disclosure restrictions.
“Services” mean all of the products and services offered by Jandisoft, including but not limited to our Games and in-game purchases, our website, community and social media accounts, customer support, technical support, and all others means by which you interact with Jandisoft and its products and services.
By accessing the Website, or downloading or purchasing the Game(s), you hereby accept the Community Guidelines, and End User License Agreement contained herein (collectively the “Agreements”) in full. Do not continue to use the Website or Game(s) if you do not accept all of the terms and conditions set forth below.
The following terminology applies to these Community Guidelines, Terms of Service, End User License Agreement, and any or related agreements referenced herein: "End User", “You” and “Your” refers to you, the person accessing this website/game and accepting the Company’s terms and conditions. "The Company", “Jandisoft”, “Ourselves”, “We”, “Our” and "Us", refers to our company, Jandisoft. “Party”, “Parties”, or “Us”, refers to both the End User and ourselves, or either the End User or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the End User in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the End User’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, Republic of Korea and applicable international Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We want to make sure that our Games and Website remain fun, healthy, and safe environments for you and your friends to enjoy. By accepting our Terms of Service and End User License Agreement, you understand that these Community Guidelines apply to your use of both the Website and our Games, as well as any and all social media channels (including but not limited our Digital Storefronts, Facebook and similar social media platforms, as well as online video and streaming platforms such as, by way of example and by no means a limitation of the foregoing, YouTube.com and Twitch.tv) in connection with Games operated or managed by Jandisoft (collectively herein the “Community”). Your failure to comply with any part of the Community Guidelines may result in your account termination, or we may otherwise ban you from further contributing to the Community by whatever legal means available to us.
Furthermore, you accept sole and complete liability for any content shared by you to our Community. As such, you agree to indemnify and hold harmless Jandisoft and its officers, employees, agents, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of content you share with or to the Community.
It is important that you ensure the security of your Account by not sharing your password with third parties. Jandisoft will never ask you for your password for any reason. We do allow you to change your password at any time and at your convenience.
Your Account is used to access all of the features and Services available through our offerings. This is also how we keep track of your characters, game progress, player performance and player rankings, as well as any and all transactions, including in-game purchases and in-game currency purchases. All such purchases are tied to the Account through which you accessed such Service and may not be transferred to any other Account.
Jandisoft retains the right to monitor and/or record your communications when you use our
Services, and you acknowledge and agree that when you use our Services, you have no expectation that your communications will be private. Jandisoft shall have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Jandisoft policy; (c) to protect Jandisoft’s legal rights and remedies; (d) to protect the health or safety of anyone that Jandisoft believes may be threatened; or (e) to report a crime or other offensive behavior.
Your use of the Services and your ability to access your Account or communicate with other players is governed by the Community Guidelines, End User License Agreement (the “EULA”), and those in-game policies Jandisoft may from time to time deploy or enforce at its sole and exclusive discretion. The Community Guidelines and EULA are not meant to be exhaustive. The Community Guidelines and EULA are incorporated into this Agreement by this reference as provided herein.
User Comments and Feedback
Our Community offers various opportunities to interact and share your opinions and thoughts with us and other End Users in Game or via our forum, social media pages, Discord, and other online storefronts, or via other Community initiatives. However, please note that the opinions or views expressed, or statements made to the Community (other than by Jandisoft’s employees, officers, or verified community leaders) via posts, user comments, feedback, “wiki” entries, online chat (in Game or via Discord or comparable social media outlets), or via the communication features of the Game (collectively referred to herein as “User Comments”), do not reflect the opinions or views of Jandisoft.
We do not review, edit or modify User Comments prior to their publication to the Community. However, we reserve the right to remove or modify any User Comments shared with the Community for any reason. By sharing User Comments and accepting the terms of these Community Guidelines, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.
You retain ownership in your User Comments and all Intellectual Rights contained therein, provided such User Comments do not contain Feedback as defined below. We may from time to time publicly share or redistribute User Comments on our Website, or through other Community channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license us to use your User Comments in connection with the promotion of the Game.
We appreciate any feedback, suggestions, improvements, constructive criticism, or ideas you may have in connection with the Game or Website (“Feedback”). However, we cannot guarantee that the Feedback you provide has not already occurred to us. By submitting Feedback to us, you hereby assign all right, title, and interest in and to the Feedback to Jandisoft, including but not limited to Intellectual Property rights. To the extent that any such rights cannot be assigned under applicable US or international law, you hereby waive your existing or future rights and release us from any and all claims arising from our use of your Feedback.
Community Rules and Restrictions
By entering into these Agreements and accepting the Community Guidelines, you agree to comply with the following:
•Nothing you share with the Community, including but not limited to User Generated Content or User Comments, may contain content that infringes on the intellectual property rights (including copyright, trademark, and patent rights), proprietary rights, trade secrets, personality rights, contract rights or restrictions, or other right of any third party;
•To the extent that any third-party content is embodied in any content you share with the Community, including but not limited to User Generated Content and User Comments, you have acquired the necessary rights and licenses to reproduce the same;
•You will NOT harass other users. Harassment includes but is not limited:
•Publicly disclosing personally identifiable information of another End User or member of the Community;
•Stalking, doxing, or otherwise infringing on the privacy of any member of the Community; o Disparaging, defaming, name-calling, or engaging in any form of discrimination against another member of the Community;
•Engaging in any act of sexual misconduct, including but not limited to sexual innuendo, sharing sexually explicit content (including but not limited to sexually explicit content in User Generated Content or User Comments), or making offensive or inappropriate advances or comments to a member of the Community;
•Making false claims, tickets, or reports about events or any third party, regardless of their standing with the Community or JANDISOFT; or
•Using exploits, hacks, or third party tools to obtain an unfair advantage against other members of the Community in-Game.
•You agree that the list of conduct identified as harassment above is not exhaustive. We reserve the right to determine what constitutes “harassment” in our sole and exclusive discretion.
•You will not engage in acts of revenge, disparagement or retaliation against us for any feature contained in or modification made to our Games that you dislike. Your sole remedy for that is to stop playing that Game;
•You will not engage in solicitation or advertise other products or services to the Community without our prior consent (e-mail is sufficient);
•You may not commercially distribute, sell, or otherwise commercially exploit User Generated Content (including video streaming) without our prior consent (e-mailis sufficient).
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
•limit or exclude our or your liability for death or personal injury resulting from negligence;
•limit or exclude our or your liability for fraud or fraudulent misrepresentation;
•limit any of our or your liabilities in any way that is not permitted under applicable law; or
•exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.
The Jandisoft trademarks (“JANDISOFT Marks”) may only be used: (1) in connection with the activities listed as acceptable in these Community Guidelines; AND (2) when the applicable JANDISOFT policy associated with that activity specifically references your right to use the Marks pursuant to this policy. For instance, the fan site, community eSports tournament and custom maps policies all permit the use of JANDISOFT Marks pursuant to this policy.
•You may use the Marks only for non-commercial purposes, except as permitted by the applicable policy.
•The Marks may only be used in connection with high quality materials (e.g., websites, custom maps, etc.).
•Use the appropriate trademark symbol (™, ®) listed below the first time that a Mark appears in your material (e.g. “JANDISOFT™”).
•You should provide credit to Jandisoft by using the credit lines associated with the Marks that you use (see below).
•alter a JANDISOFT logo other than to adjust the overall size of the logo;
•modify or alter a JANDISOFT Mark or logo or use them in a way that confuses JANDISOFT or its games with another brand, game, or game developer/publisher.
•use an JANDISOFT Mark in a plural or possessive form;
•use a JANDISOFT Mark or logo or any other confusingly similar marks on any apparel, product, toy, or any other merchandise;
•use a JANDISOFT Mark in conjunction with your name or any other trademark or trade name.
•You may not use the JANDISOFT Marks in a way that is deceptive, harmful, obscene or disparaging to others.
•You may not present or feature a JANDISOFT Mark on websites containing content or advertising associated with pornography, gambling, or illegal activities.
•use a JANDISOFT Mark in the domain name of your website's URL;
•apply for trademark registration of a product, service, etc., with a name that includes a JANDISOFT Mark or, any variation thereof;
•use a JANDISOFT Mark in a manner that, in JANDISOFT’s sole opinion, is unlawful, misleading, defamatory, obscene, infringing, tortious, disparaging, abusive, or otherwise objectionable or inappropriate; and
•use a JANDISOFT Mark in any manner than implies a relationship with, sponsorship, or endorsement by JANDISOFT, unless otherwise authorized by JANDISOFT in writing.
End User License Agreement
We retain exclusive rights for any and all of any and all State, Federal, and International intellectual property and proprietary rights in and to our Games and all copies of our Games, including without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, and any and all other intellectual property and proprietary rights embodied in or derived from our Games. We prohibit the copying, reproduction, and circumvention of technology of our Games beyond the terms of this license. Our Games are licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Games is contingent upon your compliance with this Agreement and the License Terms set forth below.
We hereby grant you a non-exclusive, revocable, non-transferrable, and limited right to license one copy of each Game you download or purchase from us or a licensed third party for your personal, non-commercial use (for purposes of this End User License Agreement only, the “Game”). Continued use of the Game is contingent upon your compliance with the following:
•You may not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Game. In addition, you may not hack, emulate, reverse engineer, decompile, or disassemble any part of the Game. All rights not expressly granted are reserved by us. You agree that you have no interest, monetary or otherwise, in any feature, content, or Intellectual Property contained in the Game;
•You must comply with the Community Guidelines set forth above. Failure to comply with the Community Guidelines will result in the revocation of all rights set forth herein. Any breach substantial enough to cause harm to JANDISOFT or a third party may be accompanied by the application of any and all legal rights and claims reserved by us herein;
•Absent a valid distribution Agreement between you and JANDISOFT, you may not commercially exploit or otherwise make the Game available on any third-party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Game. You further agree that you will not link to any such third-party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by us or our distributors. For the sake of clarity, “commercially exploit” as used herein includes offers to perform in-Game services for other End Users in exchange for payment outside of the Game;
•You may not use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Game experience;
•You may not use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Game, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that we may, at our sole and absolute discretion, allow the use of certain third-party user interfaces;
•You may not modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by us;
•You may not provide or develop matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
•You may not facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by us;
•You may not violate any applicable law or regulation in connection with your use of the Game; and
•disrupt or assist in the disruption of (i) any computer used to support the Service (each a “Server”); or (ii) any other End User’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Ownership and Independent Origin
All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. Furthermore, we do not claim any right, obligation, or liability in and to User Generated Content (such as “death notes”) or third-party content otherwise made available in the Game. The rights in and to any such third-party content remains with its respective owners.
ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE GAME AND RELATED SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
THATGAMECOMPANY AND ITS LICENSORS AND DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO OPERATE THE SOFTWARE. NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER
CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR, EMBARGO, DISTURBANCE IN THE FORCE, HOSTILE DOMINATION BY UNKNOWN SENTIENT OR BORG LIFE FORMS, OR ANY BACTERIA, VIRUS, OR OTHER UNKNOWN INFECTION OR PATHOGEN THAT RESULTS IN ANY COMMUNICABLE DISEASE THAT CAUSES LIFE TERMINATION AND THE SUBSEQUENT REANIMATION OF BODILY FUNCTION ACCOMPANIED BY LIMITED BRAIN ACTIVITY, AS WELL AS AN INSATIABLE URGE FOR HUMAN FLESH). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT (INCLUDING THOSE INFECTED BY THE ABOVE REFERENCED DISEASE), EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE GAME.
LIMITATION OF LIABILITY
YOUR PURCHASE AND USE OF THE GAME IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL WE (INCLUDING OUR OFFICERS, DIRECTORS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR OUR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE GAME. IN NO EVENT WILL YOU BE ENTITLED TO A REFUND OR CHARGEBACK FOR THE GAME.
Term and Termination
Term. This Agreement is effective upon your creation of a JANDISOFT Account, and shall remain in effect until it is terminated or superseded by a new or updated version of this EULA, or, if neither of the foregoing events occur, as long as you continue using our Services. In the event that JANDISOFT chooses to cease providing the Services, or license to a third party the right to provide the Services, JANDISOFT shall provide you with no less than thirty (30) days’ prior notice. Neither the Services nor JANDISOFT’s agreement to provide access to the Services shall be considered a rental or lease of time on the capacity of JANDISOFT’s servers or other technology.
Termination. You are entitled to terminate this Agreement at any time by notifying JANDISOFT by email at support@JANDISOFTstudios.com.
JANDISOFT reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most JANDISOFT Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, JANDISOFT may provide you with a prior warning and/or suspend your use of the JANDISOFT Account due to your non-compliance prior to terminating the Agreement or modifying or deleting a JANDISOFT Account.
In the event of a termination of this Agreement, any right you may have had to any pre-purchased Game access or virtual goods, such as digital cards, currency, weapons, armor, wearable items, skins, sprays, pets, mounts, etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your JANDISOFT Account prior to any termination of this Agreement. In addition, you will not be able to use the Services.
Governing Law. This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. Users who access the Services from outside of the United States are responsible for compliance with all applicable local laws.
Assignment. JANDISOFT may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without JANDISOFT’s prior written consent. Your assignment of this Agreement without JANDISOFT’s prior written consent shall be void.
No Waiver. JANDISOFT’s failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, JANDISOFT may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Force Majeure. JANDISOFT shall not be deemed in default of this Agreement to the extent that performance of its obligations are delayed or prevented by reason of any act of God, disturbances in the Force, alien lifeform (e.g., Borg) invasion, any pandemic bacterial or viral infections leading to the reanimation of expired human remains, fire, natural disaster, accident, act of government, shortages of material or supplies, power outage, embargo, warfare, strike, or any other cause reasonably beyond JANDISOFT’s control.
Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
Entire Agreement. This EULA, along with JANDISOFT’s other applicable agreements contained herein, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
Survival. All provisions reasonably necessary to preserve any and all rights and available claims by JANDISOFT survive termination of this Agreement for any reason.