Terms of Services
Effective Date: Dec. 13. 2021
These Terms of Services apply to services provided to users by FLYSHER Inc. ("FLYSHER", below). FLYSHER’s Services do not offer any ‘real money’ gambling or an opportunity to win ‘real money’ or prizes and are strictly for amusement purposes only. No actual ‘real money’ or anything of value can be won by playing our games and no actual ‘real money’ is required to play. Therefore, users must be sure to pay close attention while reading and must periodically check for changes that may occur according to Article 1.3. Furthermore, FLYSHER may request consent to collect additional information while users are using the service, and this additional consent shall constitute part of these Terms of Services.
1. Using the Service
1.2. If using the service via a guest account (ID), all records including records of service usage and unused content will be deleted if the device is changed or the application deleted. Users who wish to continue using the service without having their record of service deleted should use a play account or social medial account and single sign-on (SSO).
1.4. FLYSHER will publish these Terms of Services for user perusal on its website or notify users of them through its application. Users must periodically check these Terms of Services. FLYSHER may alter these Terms of Services should the service or relevant laws change. The updated Terms of Services shall take effect after the changes are announced. Should users not consent to the updated Terms of Services, their use of the service may be suspended. Should they continue using the service, they will be considered to have given consent to the updated Terms of Services.
2. Account Management
2.1. FLYSHER conducts user management, including whether or not they can use the service, via guest accounts, play accounts, and social media accounts ("user accounts", below).
2.2. Users bear sole responsibility to care for and manage their own user accounts, and are fully responsible for careless management of their own user accounts as well as damage due to their use by a third party.
2.3. Users may use the service with their own guest account, play account, or social media account or through a single sign-on with an account other than a guest account.
3. Privacy Protection
3.3. FLYSHER does not collect any personal information on minors under 13 years of age(16 years of age in EU member nations).
4. Third-party Advertisements & Push Notifications
4.1. FLYSHER may publish advertisements on the service. Users consent to exposure to advertisements while using the service and shall not bear any responsibility for loss or damage incurred due to advertisement access/participation/trade etc.
4.2. FLYSHER may use e-mail or push notifications to send advertisements, service updates, event details etc. to users. Users may use the feature in the application for declining to receive push notifications at any time.
5. Content Purchases
5.1. Users may purchase content according to the payment policy of the app store provider, and payment sums may differ due to national policies (not limited to taxation policy). Furthermore, the content purchase price may be higher depending on the method and policy set by the app store provider and payment gateway linked to the app store provider, and the payment method also depends on this provider's payment policies.
5.2. Content purchased by users may only be used on the device on which the application is downloaded and installed.
5.3. The usage time for content purchased by users shall be 1 year from the date of purchase, and all right to use this content is lost after that period has elapsed. However, the stipulated usage period for content depends on the usage period set at the time of purchase.
5.4. The user may only use content through a user account and may not transfer, loan, sell, or exchange it with a third party.
6. In-App Purchases
6.1. In-app payment to purchase content is included in the application, and payment methods depend on the app store provider.
6.2. Users must use the password feature to prevent unwanted third-party in-app purchases, and FLYSHER shall not bear any responsibility for failure to use this in-app purchase protection or for in-app purchases occurring due to exposure of the password as a result of inattention on the part of users.
6.3. Users may cancel purchases within the cooling-off period of 7 days from the date of content purchase, and refund of purchased content shall depend on the refund policy and procedure of the app store provider used by the user. Please consult your app store provider's Terms of Services for its refund policy and application procedure.
6.4. Unused in-app purchases, content obtained while using the service, content obtained through events etc. (not limited below), and all content not acquired through in-app purchases shall not be refunded.
7. In-game Virtual Currencies and Goods
The Services may include a virtual, in-game currency ('Virtual Currency') including, but not limited to chips, cash, coins, points, cards or items, that may be purchased from FLYSHER for 'real world' money if you are a legal adult in your country of residence. The Services may also include virtual, in-game digital items ('Virtual Goods') that may be purchased from FLYSHER for '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 FLYSHER or any other party. Other than a limited, personal, revocable, non-transferable, and non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Services, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services. FLYSHER 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 FLYSHER shall have no liability to you or anyone for the exercise of such rights. Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Services. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for '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 the Services and possible legal action. 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 are forfeited if your account is terminated or suspended for any reason, or if FLYSHER discontinues providing any of its Services in FLYSHER's sole and absolute discretion. Game items or Virtual Currency is not realistic goods. Users can purchase game items or Virtual Currency and use it within the game. In the process of using the game, there may be gains and losses of Virtual Currency for users.
8. Suspension & Termination
8.1. FLYSHER maintains full rights to the service, including service operation and termination, and may modify, supplement, or terminate all or part of the service if operationally or technically necessary to improve the service, patch bugs etc.
8.2. FLYSHER will provide the service to users as long as there are no particular business or technical impediments. However, the service may be temporarily suspended for a set period of time if necessary for regular system maintenance, server expansion or replacement, bug fixes or changes in the service. In such cases, FLYSHER shall disclose this information and the period to users in advance, or shall notify users post facto if prior notification is impossible for unavoidable reasons.
9. Disclaimers & Indemnifications
9.1. Disclaimer of Warranties
THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE 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 THE FOREGOING, NEITHER FLYSHER NOR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, FLYSHER AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "FLYSHER PARTIES") DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
9.2. Disclaimers of Liability
THE USER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURIES WHATSOEVER CAUSED BY OR RELATED TO THE USE OF, OR INABILITY TO USE, THE SERVICE DUE TO ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY AND BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE), AND THAT FLYSHER 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 SERVICE.
THE USER FURTHER ACKNOWLEDGES AND AGREES THAT FLYSHER PARTIES ARE NOT LIABLE, AND THE USER AGREES NOT TO SEEK TO HOLD FLYSHER 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 USER.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL FLYSHER PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID FLYSHER IN THE ONE HUNDRED AND EIGHTY(180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
The user agrees to indemnify and hold harmless FLYSHER Parties from any claims, losses, damages, or liabilities, including legal fees and expenses, arising out of (a) your use or misuse of the FLYSHER Service, (b) any violation by you of the FLYSHER Policy, or (c) any breach of the representations, warranties, and covenants made by you herein.
FLYSHER may assume the defense of any matter for which you are required to indemnify FLYSHER by sending notice of such an intention to you. The user shall use its best efforts to cooperate with FLYSHER's defense of these claims.
10. General Provisions
10.1. Governing Law
The user agrees that this Agreement shall be deemed to have been made and executed in the laws of the Republic of Korea and any Dispute arising hereunder shall be resolved in accordance the laws of the Republic of Korea.
10.2. Dispute Resolution
If you have any claim arising out of this Agreement 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 30 calendar days after the first contact occurs, either party may refer such a dispute to the Korean Commercial Arbitration Board in Seoul 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.
The waiver by either party of a breach of or a default under any provision of this Agreement, shall be in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
10.4. Force Majeure
Neither party shall be responsible or have any liability for any delay or failure to perform to the extent required due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, acts of a public enemy, error in the coding of electronic files, Internet or other network "brownouts" or failures, power failures, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
11.1. Guest account: an account that enables temporary use of the service by downloading the application from an app store operated by a platform provider or social media provider.
11.2. Play account: an account with a platform provider used to register for that platform provider's services.
11.3. Social media account: an account used by the user on a social media service such as Facebook etc.
11.4. Single sign-on (SSO): a guest account connected to a play account or social media account.
11.5. Service: the game service provided by FLYSHER.
11.6. Application (app): the entire program enabling use of the service provided by FLYSHER.
11.7. App store provider: a mobile open market provider (Apple Google, etc.) enabling download of the application provided by FLYSHER and in-app purchases.
11.8. Platform provider: the provider offering the service in partnership with FLYSHER and all relevant services.
11.9. Content: items etc. that can be used on the service.
11.10. In-app purchase: the purchase of content in the application.