Terms of Service
Terms of Service (“Terms”) is a legally binding agreement that governs “you”
and “your” use of the websites (including www.cookapps.com), the games and
applications offered by CookApps, Inc. and its
affiliates (“CookApps”) and accessed through CookApps’ websites, third-party
web sites and/or mobile platforms (collectively, the “Service(s)”). By using or
accessing the Service, you agree to be bound by these Terms of Service.
1. Access to CookApps Service
a) Subject to your acceptance of these Terms, CookApps grants to you a non-exclusive, non-transferable, and revocable limited license to use and display the Service and related software (excluding source and object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in these Terms.
b) CookApps Reserves the right to change these Terms in any way and at any time. However, no amendment to these Terms shall apply to a dispute of which CookApps had actual notice on the date of amendment.
c) Any modifications to these Terms will be posted on www.cookapps.com, http://policy.cookapps.com/ts.html or within the Service. You agree that you will periodically check the above sites or Service for updates to these Terms. You agree that you will be considered to have been given notice of any modifications once we post them to the above sites or Service and that your continued use of the Service after such notice shall be deemed an acceptance of any changes.
d) CookApps reserves the right discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
e) You agree to be bound by any application, forum, or game specific rules published within the Service.
f) Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of CookApps’ copyrights in and to the Service. CookApps reserves the right to terminate your access to the Service without notice if you violate these Terms.
g) Our Services are not directed at children under the age of 13 (or under the age of 16 in European Countries). Such children are not permitted to use these Services, and we do not knowingly collect any personal information from them. You must be at least 13 years old (or 16 years old in European Countries) to access and/or use our website or Games. If you are a minor under the age of 13 (or under the age of 16 in European Countries), we strongly recommend seeking consent from a parent or legal guardian before accessing and/or using any CookApps’ websites or Games. In this case, European Countries refer to the European Union (EU), the European Economic Area (EEA) and Switzerland.
h) You may stop
using our Services at any time and may request that we delete your Service
account (“Service Account” or “Account”) at any time by following the
forth by CookApps. Unless applicable law requires otherwise, we are not
required to provide refunds, benefits, or other compensation if you request deletion
of your Account.
2. Ownership of Intellectual Property
a) Unless otherwise specified in writing, all materials and the relevant intellectual property rights of the Services are solely owned, controlled, or licensed by CookApps and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the applicable copyright laws in Republic of Korea, the United States and other jurisdictions worldwide. CookApps, the CookApps logos, and all Game names are trademarks of CookApps and may not be used without the express written permission of CookApps.
b) You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods in the Services.
c) You agree not to copy, redistribute, publish or otherwise exploit material from the Service without the express prior written permission of CookApps.
3. In-Game Currencies/Goods
a) The Service may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to coins, cash, or points, that may be purchased from CookApps with “real world” money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from CookApps with “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from CookApps or any other party.
b) Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.
c) CookApps has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and CookApps shall have no liability to you or anyone for the exercise of such rights.
d) Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you shall not buy or sell any Virtual Currency or Virtual Goods with “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from CookApps Service and possible legal action.
e) You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies can be forfeited if your Account is terminated or suspended for any reason, in CookApps' sole and absolute discretion, or if CookApps discontinues providing the Service.
4. User Content
a) The Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to CookApps and/or the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “User Content”). Any material you transmit to CookApps and/or the Service will be treated as non-confidential and non-proprietary. CookApps cannot guarantee the security and privacy of any information that you post in these areas and you acknowledge this fact.
b) You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without CookApps incurring any third-party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
c) You grant to CookApps the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
d) CookApps has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but CookApps does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
e) CookApps has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Service without notice for any reason at any time. CookApps may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that CookApps reserves the right to treat User Content as content stored at the direction of users for which CookApps will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to CookApps’ attention.
f) You acknowledge that you do not rely on CookApps to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
5. Posting on Other Web Sites
a) You are granted a limited revocable license to post an image of your personal avatar and/or screen shot from your Account, of your farm for example, within the Service and any other materials that CookApps specifically gives you notice (“Collaborative Content”) may be posted on other web sites, on your own personal web site or on a third-party web site that permits posting of content at the direction of users provided that such third-party web site (i) is not commercially competitive to CookApps, (ii) does not criticize or injure CookApps, (iii) does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and (iv) does not charge for access to such content or associated products, services or advertising with such content, so long as the web site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material (an “Authorized Web Site”). All of CookApps' rights and remedies are expressly reserved, and CookApps may revoke this limited license, in whole or in part, upon notice.
b) Conditions on Posting on Other Web Sites: Without limitation, the following terms and conditions apply to your posting of a copy of Collaborative Content on an Authorized Web Site:
i) You must a display a prominent link to the Service's homepage, sites or platforms in connection with any of your use of Collaborative Content permitted hereunder, including, without limitation, in e-mails you are sending friends; and
ii) You agree to include, and not remove or alter, CookApps' trademark, copyright or other proprietary rights notices, as provided by CookApps on the Service and within e-mail page(s), when displaying Collaborative Content from a CookApps game, and you agree to comply with usage guidelines that may be provided by CookApps from time to time. You agree that all goodwill that arises in connection with your use of CookApps' trademarks inures exclusively to CookApps, and you agree not to challenge CookApps' ownership or control of any CookApps trademarks, nor use or adopt any trademarks that might be confusingly similar to such CookApps trademarks.
a) As a condition of your use of and access to the Services, you agree to comply with these usage rules in this Section, which are provided as an example rather than as a limitation, and any application or game specific rules published within the Service.
b) You agree that your use of and conduct on the Service shall be lawful and your User Content will not:
i) include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
ii) include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
iii) defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
iv) promote violence or describe how to perform a violent act;
v) violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or
vi) be in violation of these Terms or the game rules of conduct (collectively 'Content Restrictions').
c) You and your activities on the Service shall not:
i) reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
ii) attempt to impersonate any other party;
iii) create user Accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
iv) trick, defraud or mislead CookApps and other users, especially in any attempt to learn sensitive account information such as passwords;
v) make improper use of CookApps’ support services or submit false reports of abuse or misconduct;
vi) engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;
vii) disparage, tarnish, or otherwise harm, in CookApps' opinion, CookApps and/or the Service;
viii) violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by CookApps on the Service;
ix) disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service and User Content;
xii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;
xiii) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ('gifs'), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as 'spyware,' 'passive collection mechanisms' or 'pcms');
xiv) except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or 'bot'), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
xv) cover or obscure any notice, banner or advertisement on the Service;
xvi) disguise the source of your User Content or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;
xvii) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content;
xviii) sell the Service or any part thereof including but not limited to Virtual Goods or Virtual Currency, user Accounts and access to them in exchange for real currency or items of monetary value; or
xix) engage in cheating or any other activity deemed by CookApps to be in conflict with the spirit or intent of the Service.
d) CookApps does not control or endorse the content, messages or information found in User Content, portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, CookApps specifically disclaims any responsibility with regard thereto.
7. Privacy and Protection of Personal Information.
8. Account Responsibility
a) The Services may
be offered through various social networks. In case of access through the
social networks, the Service is only available to persons who are registered
members of the social network through which they access the game and are in
creating your account with a social network through which you will access the
Service (“Social Network Account”), you agree to:
i) provide true, accurate, current and complete information about yourself ( 'Registration Data'); and
ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
b) Users that maintain more than one Social Network Account on a social network may not access this Service from multiple Social Network Accounts. If you provide any information that is untrue, inaccurate, not current or incomplete, or CookApps has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CookApps has the right to suspend or terminate your ability to participate in the Service and refuse any and all current or future use of the Service (or any portion thereof). Cookapps reserves the right to terminate accounts that have been inactive for 180 consecutive days.
9. Disputes with Others
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release CookApps and hereby agree to indemnify CookApps from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
10. Disclaimers and Limitations of Liability
b) TO THE FULLEST EXTENT PERMITTED BY 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 AND THAT THE COOKAPPS PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE COOKAPPS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COOKAPPS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
c) UNDER NO CIRCUMSTANCES WILL THE COOKAPPS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID COOKAPPS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
a) You agree to defend, indemnify and hold harmless the CookApps Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your Account(s) or the Service.
b) If you have a dispute with one or more users in the Services, you release the CookApps Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that the provisions in this paragraph will survive any termination of your Account(s) or the Service.
12. Force Majeure
CookApps shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond CookApps’ control such as natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
13. Governing Law and Dispute Resolution
These Terms and all aspects of the Service shall be governed by and construed in accordance with the laws of Republic of Korea without regard to conflict of law provisions. In case of any disputes arising out of or related to use of the Service and these Terms between the parties, you and CookApps shall faithfully consult with each other to resolve such issues. Unless the foregoing conflicts are settled, all disputes between you and CookApps shall be filed to and settled by the Seoul Central District Court located in Seoul, Republic of Korea as an exclusive jurisdiction, and you agree to submit to the jurisdiction of such court under the Civil Procedure Act.
14. No Class Actions
You and CookApps can only bring a claim against each other on an individual basis. BY AGREEING TO THESE TERMS OF SERVICE, YOU UNDERSTAND AND AGREE THAT YOU WAIVE THE RIGHT TO A CLASS ACTION AND CAN ONLY BRING CLAIMS AGAINST COOKAPPS IN YOUR INDIVIDUAL CAPACITY.
15. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to CookApps are of a unique and irreplaceable nature, the loss of which shall irreparably harm CookApps and that cannot be replaced by monetary damages alone, so that CookApps shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief or to enjoin or restrain the operation of the Services or the games, exploitation of any advertising or other materials issued in connection therewith or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages (if any).
CookApps operates and controls the Service from its offices in the Republic of Korea. CookApps makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject CookApps to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Service, CookApps or any other web site or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from CookApps if, in our sole discretion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms to any party at any time without any notice to you. You may not assign these Terms without CookApps' prior written consent. These Terms contain the entire understanding of you and CookApps, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Service by CookApps. If any provision of these Terms is found to be illegal or unenforceable, the Terms will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon CookApps' request, you will furnish CookApps any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against CookApps by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
17. Statute of Limitations
If you have any questions about these Terms or need to give a notice to CookApps, please contact us at email@example.com or by mailing us at CookApps Inc., 660, Daewangpangyo-ro, Bundang-gu, Seongnam-si, Gyeonggi-do, Republic of Korea
These Terms of Service was last updated on 10 Sep 2019.