TERMS OF USE
This Terms of Use Agreement (“Agreement”) informs you of the terms, conditions, disclaimers, notices and policies (collectively the “Terms”) that apply to your access and use of the game, Tank Arena : Ultimate League (“Game”). This Agreement is a binding contract between you and STOIC ENTERTAINMENT (“Company”, “we”, “us”, or “our”) and provides for important rights and obligations. By accessing and/or playing, downloading, or browsing our Game you represent to us that you have read, understood and agree to be bound by this Agreement and all applicable local, state, national and international laws and conventions, including without limitation all intellectual property laws. STOIC ENTERTAINMENT reserves the right, at its sole and absolute discretion, to deny any user access without notice. If you violate any of the Terms, we may, at our option, give you a warning notice of violation or terminate your account immediately for violation of the Terms.
1. ELIGIBILITY AND AGREEMENT
You hereby represent and warrant that you (a) are of legal age to enter into this Agreement under applicable law; and (b) have not been previously suspended or removed from using our Services.
If you are using our Services on behalf of a legal entity, you further represent and warrant that (a) the legal entity is duly organized and validly existing under the applicable laws of its jurisdiction of organization; (b) you are authorized on behalf of such legal entity to act on its behalf and to be bound by this Agreement; and (c) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with this Agreement. In order to use our Services, you will be required to provide any requested information to verify and validate you as a legal entity and undergo any requested regulatory and/or compliance checks.
2. RIGHT TO MODIFY AGREEMENT
STOIC ENTERTAINMENT may modify this Agreement at any time, with or without notice to you, by posting the modified Agreement on the Site. Your continued use of the Services after such modification shall be deemed to be your acceptance of any such modification. Any such modification will only apply to matters and events that occur following the date of modification. You may not modify this Agreement without the prior written authorization of an officer of STOIC Entertainment. It is your responsibility to check this Agreement regularly to determine whether the Agreement has been modified.
3. AGE AND ACCOUNT REQUIREMENTS
If you want to use the Game, you must be at least 13 years old and have a Meta account, as applicable (“Accounts” and each an “Account”). We do not administer Accounts, rather, they are administered by Meta Platforms, Inc., as applicable. You are responsible for all activities that occur under any Account associated with you, whether or not you know about them. You must not permit a person under the age of 13 to access or use your Account. We will not be liable for any loss that you may incur as a result of someone else’s authorized or unauthorized access to your Account. You may be liable, however, for losses incurred by STOIC ENTERTAINMENT or third parties due to someone else’s use of your Account. Later versions of the Game may require that you establish a different account with us, and additional terms and restrictions will then apply.
4. POLICY ON PRIVACY
The Game includes a Privacy Policy relating to the collection, use and disclosure of your information. Please read the Privacy Policy provided on the Game’s website carefully.
5. OWNERSHIP OF THE SERVICES AND PROPRIETARY MATERIALS
The Services contain copyrighted material, technology, trademarks, service marks, trade secrets and other proprietary information, which may include computer code, text, data, video, images, illustrations, animations, sounds, musical compositions and recordings, audiovisual effects, color schemes, business methods and methods of operation, concepts, ideas, know-how, moral rights, and any related documentation (collectively the “Proprietary Material”). All intellectual property rights to the Proprietary Material, including patent, copyright, trademark and trade secret rights, are owned or licensed by STOIC ENTERTAINMENT. You agree not to copy, download, reproduce, republish, upload, post, transmit, perform, display, distribute or sell, or in any other way exploit the Proprietary Material, or to participate with or to encourage others to engage in such acts, without the prior written consent of STOIC ENTERTAINMENT. Moreover, you may not reverse engineer, disassemble, decompile, or translate any computer software programs that comprise Proprietary Material, or otherwise attempt to derive the source code of such programs, except to the extent allowed under any applicable law. If applicable law permits such activities, any information so discovered must be promptly disclosed to STOIC ENTERTAINMENT and shall be deemed to be the confidential proprietary information of STOIC ENTERTAINMENT. Nor may the Proprietary Material, or any portion thereof, be modified or used for any purpose other than as expressly authorized in this Agreement. The Proprietary Material may include materials licensed by STOIC ENTERTAINMENT from third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement.
6. GENERAL DISCLAIMERS
(a) The services and any accompanying documentation and material are being provided to you “as is” without warranty of any kind whatsoever. Without limiting the intended generality of the preceding sentence, STOIC ENTERTAINMENT does not warrant that the services or any portion thereof (i) will be uninterrupted, secure or error free, or that defects will be corrected; (ii) is compatible with any software, including without limitation internet browser software; (iii) is free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties; or (iv) is free of defamatory, derogatory or adult-oriented material, or material that some individuals may deem offensive or objectionable. To the fullest extent allowed by law, STOIC ENTERTAINMENT disclaims all warranties, whether express or implied, including but not limited to any and all implied warranties of merchantability or fitness for a particular purpose or use.
(b) STOIC ENTERTAINMENT is not responsible for the conduct, whether online or offline, of any user of the services. Under no circumstances will STOIC ENTERTAINMENT be responsible for any loss or damage, including personal injury or death, resulting from your use of the services, any user-generated content posted on the site or transmitted to another user, or any transactions between or among you and other users, whether online or offline.
(c) Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
7. USER AGREEMENT
(a) You agree not to use the Services for commercial purposes (such as virtual reality arcades) without STOIC ENTERTAINMENT prior consent or unless specifically permitted by these Terms.
(b) You agree not to engage in any conduct that we deem objectionable (i.e., cheating), violent, or discriminatory, or that may disrupt another user’s enjoyment of the Services, including by harassing other users (i.e., “trolling”).
(c) You agree not to remove or bypass any measure that prevents misuse of the Services.
(d) You agree not to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information.
(e) You agree not to collect or store any personally identifiable information about the Services from other users of the Services without their express permission.
(f) You agree not to violate any applicable law or regulation; or encourage or enable any other individual to do any of the foregoing.
(g) You agree that STOIC ENTERTAINMENT may monitor access to or use of the Services or Content or to review or edit any Content and has the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements.
8. PAYMENT
When you purchase access to our Games through a Game Platform, or a License Key, or In-Game Content (each, a “Transaction”), you expressly authorize the Game Platforms (or the Game Platforms’ third-party payment processors) to charge you for such Transaction. They may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You acknowledge and agree that the Game Platforms’ terms and conditions may also apply to your Transaction. When you initiate a Transaction, you authorize the Game Platforms to provide your Payment Information to third parties so they can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). SUBJECT TO THE REFUND POLICY OF THE RELEVANT GAME PLATFORM, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR PURCHASE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, the Game Platforms reserve the right to cancel your Transaction for any reason and, if they cancel your Transaction, they’ll refund any payment you have already remitted to them for such Transaction.
9. LIMITATION OF LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW
STOIC ENTERTAINMENT, including its officers, directors, shareholders, employees and agents, shall not be liable to you for any damages of any kind, including but not limited to direct, indirect, compensatory, special, incidental or consequential damages arising out of or in connection with your use of the services, even if advised of the possibility of same. You understand and agree that STOIC ENTERTAINMENT cannot and will not be responsible for any loss of your user generated content or any interruptions of service, including but not limited to isp disruptions, software or hardware failures, or any other event which may result in a loss of data or a disruption of service.
10. HEALTH AND SAFETY PRECAUTIONS
While you are using the Game, please be aware of your surroundings, and play and communicate safely.
The below should be reviewed before use of the Game. Failing to review the below health and safety precautions may cause damage to property, injury, or death. These health and safety precautions are not intended to be an exhaustive list, and use of the Game may involve other health and safety risks not contained below. Another Axiom is not liable for any damage to property, injury, or death that may occur as the result of your failure to review the health and safety precautions or as a result of the interactions between you or your family members and people or objects in or around the play area during your use of the Game.
- Epileptic Seizure Warning. Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including the Game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing the Game. Stop playing the Game and consult a doctor if you have any of the following symptoms: convulsions; eye or muscle twitching; loss of consciousness or awareness; altered vision, involuntary movements, or disorientation. Another Axiom is not liable for any death, injury, or health complications resulting from any epileptic symptoms or conditions which may occur during or as a result of your use of the Game. To reduce the likelihood of a seizure or epileptic symptoms do not play the Game when tired or need sleep. Take 10- or 15-minute breaks every 30 minutes while playing the Game.
- Motion Sickness. Playing video games (especially virtual reality games), including the Game, may cause motion sickness in some users. If you feel dizzy or nauseous when playing the Game, stop playing and rest. Do not drive, operate heavy machinery, or engage in other demanding or strenuous activities until you feel better. To limit the risk of motion sickness while playing the Game, do not use the Game when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, earaches, or other health issues which may increase your susceptibility to adverse symptoms.
- Repetitive Motion Injuries and Eyestrain. Playing video games, including the Game, can make your muscles, joints, skin, or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation, or eyestrain: avoid excessive play; take a 10- to 15-minute break every 30 minutes while playing the Game; if your hands, wrists, arms, eyes, or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning, or stiffness, stop and rest for several hours before playing again; and if you continue to have any of the above symptoms or other discomfort during or after playing the Game, stop playing and consult a doctor.
- Play Area Precautions. Give yourself plenty of room to play the Game. Always be aware of your surroundings when playing the Game. While playing the Game in virtual reality you will be moving around the play area and using your hands to control gameplay. Make sure the play area is clear of furniture, objects, and other people that could be bumped into during gameplay. Please ensure that you are not near other people, stairs, balconies, windows, walls, furniture, or other objects that may pose a danger to you or could be damaged or injured during or immediately after using the Game. All objects that may pose tripping hazards, could cause injury, or could be damaged as the result of your contact with them while playing the Game should be removed from the play area prior to you playing the Game. A minimum six-feet-by-six-feet unobstructed play area is recommended for safe enjoyment of the Game. Never handle sharp or dangerous objects while playing the Game. Due to the immersive nature of the Game, sound volumes should be kept at low enough levels so that you are able to maintain awareness of your surroundings while playing the Game and so as not to damage your hearing. You should not use the Game if your awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hangover, stress, anxiety, or when suffering from a cold, flu, headaches, migraines, or other illnesses.
11. INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless STOIC ENTERTAINMENT, its offers, directors, employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from your use of the Services, your violation of any of the Terms, your violation of any third-party right, including without limitation any copyright, trade secret, privacy or property right, or any claim that your User-Generated Content caused damage to a third-party. This defense and indemnification obligation will survive this Agreement and your use of the Services.
12. GENERAL PROVISIONS
Any dispute arising out of this Agreement shall be resolved in accordance with the laws of the Republic of Korea without reference to its conflict of law provisions. You agree that any claim asserted in any legal proceeding by you or STOIC ENTERTAINMENT shall be commenced and maintained in any state or federal court located in Seoul, Republic of Korea, having subject matter jurisdiction with respect to such dispute. You and STOIC ENTERTAINMENT agree to submit to the personal jurisdiction of such court. The prevailing party in any such proceeding shall be entitled to reimbursement of court costs, including a reasonable attorney fee, in addition to any other remedy awarded. In the event any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. You may not transfer or assign any of your rights or obligations provided in this Agreement without the express prior written approval of STOIC ENTERTAINMENT; STOIC ENTERTAINMENT may assign this Agreement without restriction of any kind. No failure on the part of STOIC ENTERTAINMENT to enforce any provision of this Agreement shall be deemed a waiver or consent. This Agreement constitutes and contains the entire agreement and understanding between you and STOIC ENTERTAINMENT with respect to the subject matter hereof and supersedes any prior oral or written agreements or understandings.
13. CONTACT INFORMATION
If you have any questions on this TERMS OF USE, you can email us at help@stoicent.com