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Terms of Service

The Terms of Service (“TOS”) in this document ("Agreement") describe and stipulate the provisions which govern and regulate the legal relationship between TheCove Inc.(hereinafter “TheCove”, or “us”) as provider of the Services and you as user of the Services("You" or "User").

"Services" or "Service" means TheCove’s games, contents, characters, and related services(“Services”) whether on your PC, on a mobile device, or on any other device or platform.

You should read these TOS carefully and should not accept these TOS or register for, install, access or use the Services(collectively as "Use" of the Services) unless You agree to the TOS. By accessing and/or using this site or Services, you agree to be bound by the TOS that is also governed by TheCove’s Privacy Policy and additional and/or special terms that govern particular features or offers(for example Generated Game Content policy, etc.) which is incorporated herein by reference.

You may not Use the Services if You are a (a) person who is not of legal age to form a binding contract with TheCove or (b) person who is barred from receiving the Services under the laws of any country including the country in which You are a resident or from which You are using the Services.

You understand that You are bound by and TheCove will treat You as bound by the TOS from the moment You start using the Services.

1. Acceptance of the TOS

1.1. Before You are permitted to Use the Services You are required to accept the TOS and any Special Terms, as the case may be. Typically, TOS and any Special Terms are accepted by clicking or tabbing the "accept" button if such button or function is available or present via the user interface for the respective Service.

1.2. You may also be required to register an account on the Services. By registering for an Account or otherwise using the Service, you represent that you are at least 13 years old or older and you understand and agree to these TOS. If you are between ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.

2. Changes to the TOS

2.1. TheCove is permitted to amend or alter the TOS from time to time.

 

2.2. TheCove will notify You with at least 7days prior notice ("Notification Period") of any material changes of the TOS and will provide You with a copy of the revised TOS either by the use of Your email address provided to TheCove as part of the Registration Data or by any other suitable means which ensure that You will be able to take notice of the revised TOS.

 

2.3. You also accept the revised TOS when You continue to Use the Services after the Notification Period has passed. In this case You are bound by and TheCove will treat You as bound by the revised TOS from the date on which the revised TOS entered into effect. You are free to end this Agreement at any time should You choose not to accept the revised TOS.

3. Account and security

3.1. IF AT ANY TIME THECOVE BECOMES AWARE THAT YOU HAVE REGISTERED AN ACCOUNT ON THE SERVICES(“ACCOUNT”) OF USING THE SERVICES WITHOUT MEETING THE FOREGOING REQUIREMENTS. THECOVE RESEVES THE RIGHT TO SUSPEND, TEMINATE AND/OR DELETE THE ACCOUNT.

3.2. You will keep your Account, Account Data or Registration Data(“Account Data”) safe and secure at all times and prevent unauthorized access to your Account Data by third parties, in particular by avoiding obvious passwords, by changing your password regularly and by ensuring that you do not disclose your password(s) or grant any other User or third party access to your Account Data.

3.3. TheCove may follow any instructions given by You and may regard any instructions received from or issued by a User or third party using or providing your Account Data or which are attributable to You or Your Account Data as Your instructions.

 

3.4. You agree not to use any Account Data or account of any other User or person than Yourself without permission of the User or person holding the respective account.

 

3.5. You will notify TheCove and/or TheCove’s customer centers immediately upon becoming aware of any unauthorized use of any of Your Account Data or any other breach of security.

 

3.6 THECOVE ALSO RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT WITHOUT ANY NOTICE IF YOUR ACCOUNT THAT HAS BEEN INACTIVEFOR 180 DAYS OR FOR APPLICABLE PERIOD BOUND BY YOUR JURISDICTION.

 

3.7 THECOVE RESERVES RIGHT TO STOP OFFERNING AND/OR OFFERING AND/OR SUPPORTING THE SEVICE OR A PARTICULAR GAME OR PART OF THE SERVICE AT ANY TIME, AT WHITH POINT YOUR LICENSE TO USE THE SERVICE(VIRTUAL MONEY AND/OR VIRTUAL GOODS ASSOCIATED ETC.) OR A PART THEREOF WILL BE AUTOMATICALLY TERMINATED IN SUCH EVENT, THECOVE SHALL NOT BE REQUIRED TO PROVIDE REFUNDS, BENEFITS OR OTHER COMPENSATION TO USERS IN CONNECTION WITH SUCH DISCONTINUED SERVICES. TERMINATION OF YOUR ACCOUNT DATA CAN INCLUDE DISABLING YOUR ACCESS TO THE SERVICE OR ANY PART THEREOF INCLUDING ANY CONTENT YOU SUBMITTED OR OTHERS SUBMITTED.

 

4.Provision of the services

 

4.1. Some of our Services allow you to compete with or against another user or users. You may be able to choose to (a) play against another user whom TheCove select for you, or (b) play against one of your contacts from a social network or other third party platform that you have allowed our Services to access and interact with. Some of Services may also allow you to search for your friends. TheCove may also display the display names of your past opponents so that you can easily find them to play again.

 

4.2. You are solely responsible for such interactions with other users of the Services and any other parties with whom you interact through the Service and/or TheCove games. TheCove reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with TheCove to investigate any suspected unlawful, fraudulent or improper activity, including without limitation, granting TheCove access to any password-protected portions of your Account.

 

4.3. If you have a dispute with one or more users, you release us (and or customer centers and agents) 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 acknowledge and agree that any personal information within such contents will at all times be processed by TheCove in accordance with its Privacy Policy.

 

4.4. THECOVE MAY LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE ACCOUNTS OR ACCESS TO GAMES AND OTHER THECOVE SERVICES OR PORTION GRANTED HEREIN IF YOU ARE, OR THECOVE SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TOS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE GAME, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONAL INFORMATION IN GAMES AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE GAME, AND THECOVE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. THECOVE MAY ALSO SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION.

 

4.5. TheCove reserves the right to stop offering and/or supporting the Service or part of the Services at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, TheCove shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

 

5. License Limitations 

 

5.1. Whilst you are in compliance with these TOS, TheCove grant you a non-exclusive, non-transferable, personal, revocable limited license to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else. These terms also apply to any update or patch which TheCove may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these terms.

 

5.2. TheCove reserve the right to revoke the limited license granted to you herein in our sole and absolute discretion. TheCove may also, in our sole and absolute, limit or terminate your right to access or us our Services or part hereof, maintain or delete your account and any items associated therewith, including but not limited to any Virtual Money or Virtual Goods, without any liability to you.

 

5.3. You understand and agree that you will not be compensated under any circumstances for any Virtual Money, Virtual Goods, anything else associated with your account, or for any other reason whatsoever, regardless of whether you’re barred from access to them as a result of revocation of the limited license or change of our Services. The following restrictions apply to the user of the Service: (a) You shall not sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone else other than yourself. You shall not use the Service if you have previously been removed by TheCove, or previously been banned from playing any TheCove game. (b)You shall use your Account only for non-commercial purposes; you shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone.

 

5.4. You also hereby grant to TheCove the right to authorize others to exercise any of the rights granted to TheCove under these Agreement.

 

5.5. You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from playing our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or playing our Services.

 

5.6. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THECOVE AND THE THECOVE SUBSIDIARIES FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSE INCURRED BY THECOVE AND THE THECOVE SUBSIDIARIES AS A RESULT OF ANY BREACH OF THESE WARRANTIES.

 

6. Blockchain-based contents

The service provided by TheCove may include blockchain-based contents that may be in connection with a third party company. To use blockchain-based contents, you must agree to the terms of the third party company and complete relevant registration.

The use of blockchain-based contents is not a requirement for the use of Services provided by TheCove, and you may choose whether to use it. The blockchain-based “Digital Asset” in the Service provided by TheCove is in the forms of “NFT.”

 

*Digital Asset : Refers to blockchain-based items or data existing in digital form. Digital Asset may include, but not limited to, NFT, cryptocurrency and game token.

*NFT(Non-Fungible Token) : Refers to all digital assets on the blockchain-based contents that cannot be substituted with other tokens. Specific items in the Services may be provided in NFT.

(a) TheCove may designate some of the items of the Service provided by it as NFT items, and has the right to change, add, or cancel such designated items at any time at TheCove’s discretion.

(b) You agree that TheCove does not guarantee the permanence of value or existence of such items designated as NFT items.

(c) NFT items owned by you is contents that are included in or linked with TheCove’s Service, and you agree that the values of NFT items can be affected through updates, service change, termination, and others based on TheCove’s operation policy.

(d) All issues caused by the user of NFT items are a result of executions personally made by you upon agreement with us, thus TheCove is not responsible for such issues.

(e) Blockchain assets characteristically have very high variability, thus TheCove has no responsibility or duties related to compensation for damages occurring from value variations in NFT items owned by you.

(f) You are entirely responsible for the management of NFT items, and TheCove takes no responsibility for issues that arise from poor management.

(g) Blockchain related regulations and provisions are incomplete and uncertain, and new regulations and policies may affect blockchain-based contents include in the Service provided by TheCove.

 

7. User Conduct and Content

7.1. Information, data, software, sounds, photographs, graphics, video, tags, or any other materials may be sent, uploaded, communicated, transmitted or otherwise made available via or Services, including through third party platforms, by your or another user(“User Content”). Such content may be redistributed by us or others through the Games or through third party platforms. TheCove does not claim any ownership rights in your User Content and nothing in these TOS is intended to restrict any rights that you may have to use and exploit your User Content.

7.2. YOU ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT PROVIDED BY YOU AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH THAT USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY THECOVE AND THECOVE'S SUBSIDIARIES). IN PARTICULAR, YOU WARRANT AND REPRESENT TO THECOVE THAT:

  • THE USER CONTENT WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER THIRD PARTY RIGHTS;

  • THE USER CONTENT WILL NOT CONTAIN ANY MATERIAL WHICH IS HARMFUL, INACCURATE, PORNOGRAPHIC, ABUSIVE, OBSCENE, THREATENING, DEFAMATORY, OR WHICH IS OTHERWISE ILLEGAL OR WHICH DOES NOT COMPLY WITH APPLICABLE LAW OR THECOVE'S CONTENT GUIDELINES;

  • THE USER CONTENT WILL NOT CONTAIN ANY VIRUSES OR OTHER HARMFUL SOFTWARE, CODE OR SIMILAR MEANS AND DEVICES WHICH COULD DAMAGE, HARM, DISABLE OR OTHERWISE IMPACT OR LIMIT THE FUNCTION AND PERFORMANCE OF THE SERVICES AND/OR ANY DEVICE ACCESSING SUCH USER CONTENT. REGARDLESS OF WHETHER THIS DEVICE BELONGS TO THECOVE OR ANY OTHER USER OR THIRD PARTY INCLUDING SERVER, NETWORKS NODES OR ANY SIMILAR EQUIPMENT;

  • THE USER CONTENT WILL COMPLY AND CONFORM TO ANY AGE CLASSIFICATION RULES AND REQUIREMENTS (INCLUDING ACCURATE AND ADEQUATE CLASSIFICATION AND RATING OF ANY USER CONTENT, AS THE CASE MAY BE) UNDER THE LAWS OF ANY COUNTRY, INCLUDING THE COUNTRY IN WHICH YOU ARE A RESIDENT OR FROM WHICH YOU ARE USING THE SERVICES;

 

7.3. TheCove assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Services for inappropriate content or conduct. TheCove does not, and cannot, pre-screen or monitor all User Content. Your use of the Services is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Services. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including but not limited to chat text) when you are using the Services.

 

7.4. You agree that TheCove have no obligation to monitor or protect your rights in any User Content that you may submit to us, but you do give us the right to enforce your rights in that User Content if TheCove want to, including but not limited to taking legal action(at TheCove’s cost) on your behalf.

 

7.5. You further hereby grant to TheCove the unconditional, irrevocable right to use(including the right to sublicense and assign to third party) and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner.

If you no longer access the Services but have not deleted User Content, the User Content will apply until you delete the data.

 

8. TheCove’s warranties and representations

 

8.1. THE SERVICES INCLUDING WITHOUT LIMITATION ANY CONTENT, INFORMATION OR SERVICES OBTAINED OR AVAILABLE THROUGH THE THECOVE OR ANY THIRD PARTY PLATFORM, ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS AND WITH NO REPRESENTATION OF WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

 

8.2. THECOVE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME AT ANY TIME OR LOCATIONS OF YOUR CHOOSING; THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE GAMES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES.

 

9. Your warranties and representations

 

9.1. YOU ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT PROVIDED BY YOU AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH THAT USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY THECOVE AND THECOVE'S SUBSIDIARIES). IN PARTICULAR, YOU WARRANT AND REPRESENT TO THECOVE THAT:

 

9.2 Any use of the Service in violation of these TOS is strictly prohibited, TheCove can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

(a) Harm other member or to cause offence or to harass any person in the Service.

(b) Use false identity information in order to sign up to use our Services.

(c) Disguise, anonymize or hide your IP address or the source of any Content that you may upload.

(d) Use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications.

(e) Remove or amend any proprietary notices or other ownership information from our Services.

(f) Interfere with or disrupt our Services or servers or networks that provide the Services.

(g) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any TheCove game, or to obtain any information from the Service or any TheCove game using any method not expressly permitted by TheCove.

(h) Harvest, scrape or collect any information about or regarding other people that use our Services, including but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats or similar items that are sometimes also referred to as ‘spyware’ or passive collection mechanisms.

(i) Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive including but not limited to nudity, excessive violence, or offensive subject matter or hat contains a link to such content.

(j) Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service.

(k) Sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Goods or Virtual Goods.

(l) Use the Services in violation of any applicable law or regulation.

(m) Use the Services to cheat or design or assist in cheating, or to otherwise circumvent technological measures designed to control access to, or elements of our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play of these terms.

 

9.3. TheCove may determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these TOS or the Service itself. TheCove reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

 

9.4. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THECOVE AND THE THECOVE SUBSIDIARIES FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSE INCURRED BY THECOVE AND THE THECOVE SUBSIDIARIES AS A RESULT OF ANY BREACH OF THESE WARRANTIES

 

10. Intellectual Property

 

10.1. All rights, title and interest in and to the Services (including but not limited to any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artworks, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a TheCove game client, and the TheCove game clients and server software) are owned by TheCove. TheCove reserve all rights, including but not limited all intellectual property rights or other proprietary rights, in connection with its games and the Services.

 

10.2. All within the Services and any material made available through Services are the property of TheCove. The Services are protected under the federal and international copyright and trademark laws. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless TheCove grant in writing. All rights expressly granted by these TOS are reserved by TheCove.

 

10.3. You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than User Content which is contributed and owned by players) is owned by or licensed to us.

 

10.4. You acknowledge and agree that, other than license granted to you by these terms, you shall have no ownership or property interest in any of our services, including without limitation online accounts, any Virtual Goods or Virtual Goods.

 

10.5. In particular, and without limiting the application of paragraph 9.3 and 9.4, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Goods and/or Virtual Goods, whether on a free of charge basis or otherwise.

 

10.6. The trademarks, trade names, trade dress, logos, and service marks displayed in the Services or any third party platform, including but not limited to the Services, are the registered and/or unregistered trademarks of the Services. All other trademarks, service marks and logos used in the Services are the trademarks, service marks or logos of their respective owners.

 

10.7 If you believe in good faith that materials hosted by us infringe your intellectual property rights, then please contact us by accessing the customer center in our Service and provide the following information:

(a) a description of the intellectual property rights and an explanation as to how they have been infringed;

(b) a description of the infringing material and where the infringing material is located;

(c) your address, phone number and e-mail address

(d) a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is no authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

(e) a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.

 

10.8. TheCove may respond to notices of alleged copyright infringement or violation of other laws in accordance with applicable law and may terminate, suspend or block access (either temporary or permanently) to accounts of Users who repeatedly infringe copyright laws or violate other applicable law. Any notices regarding any copyright infringement or violation of other laws by the Services, any content provided with or displayed in the Services or any User Content should be sent to us.

11. Purchase and Fees

 

11.1. Services may include virtual currency such as game items, digital items, digital points(coins, diamonds, golds etc.,)for use with our Services (“Virtual Goods”). TheCove owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in TheCove games. Notwithstanding any provision to the contrary herein, you agree that you have no right, title or ownership in or to any content that appears in the Service, including without limitation Virtual Goods appearing or originating in any TheCove game, whether earned in a game or purchased from TheCove, or any other attributes associated with an Account or stored in the Service.

 

11.2. TheCove reserve the right to charge fees for the right to access or use Virtual Goods and revise the perceived value or pricing for any Virtual Goods, and you purchase a limited personal revocable license to use such Virtual Goods and Virtual Goods exclusively within the Services. The Virtual Goods have no cash value and may not be used outside of the game for any purpose.

 

11.3. YOU AGREE THAT ALL PURCHASES OF VIRTUAL GOODS AND VIRTUAL GOODS AND REDEMPTIONS OF THIRD PARTY VIRTUAL GOODS MADE THROUGH THE GAMES ARE FINAL AND NON-REFUNDABLE ONCE SUCH TRANSACTION HAS BEEN MADE. A LICENSE TO USE VIRTUAL GOODS OR VIRTUAL GOODS IS GRANTED IMMEDIATELY WHEN YOUR PURCHASE IS COMPLETE.

 

11.4. TheCove may manage, regulate, control, modify or eliminate Virtual Goods at any time, with or without notice. TheCove shall have no liability to you or any third party in the event that TheCove exercises any such rights.

 

11.5. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. TheCove may revise the pricing for the goods and services offered through the Service at any time. YOU KNOWLEDGE THAT THECOVE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLNTARY.

 

12. Privacy

 

12.1. TheCove is committed to the protection of Your personal data, Account Data and information(“User Information”). See our Privacy Policy to learn more about how TheCove protects and handles User Information when You Use the Services. You agree to the Use of Your User Information in accordance with TheCove's privacy policy.

 

12.2 TheCove promise to protect the privacy and personal information of User in accordance with the TheCove’s Privacy Policy and to exercise the utmost care and attention regarding their security measures for the continued security of any and all User Information.

 

13. Suspension and Termination

 

13.1. This Agreement remains in effect unless and until terminated either by You or TheCove, as the case may be.

 

13.2 You reserve the right to terminate your Account at any time and for any reason by contacting TheCove Customer Center informing TheCove that you wish to terminate your Account.

 

13.3. TheCove may terminate this Agreement at any time by providing a 30days prior notice of cancellation by any suitable means which ensure that You will be able to take notice of the cancellation.

 

13.4. TheCove is entitled to terminate this Agreement at any time and without observing any notice period if:

(a) You are in breach of the TOS;

(b) You have clearly demonstrated (regardless of whether directly or through Your actions or statements or otherwise) that You do not intend to comply with the TOS;

(c) TheCove or any supplier or partner of TheCove providing the Services to or together with TheCove are required by applicable law to terminate the provision of the Services or parts thereof (for example if due to changes in applicable law or due to court rulings or judgments the Services or parts thereof become or are considered unlawful). 5. The termination of this Agreement shall have no prejudice to any rights, obligations and liabilities that You or TheCove have accrued or incurred during the term of this Agreement. 12.6. You are not permitted to Use the Services if You do not accept the revised TOS or after this Agreement comes to an end, for example, due to termination by either You or TheCove. 12.7. TheCove will, however, allow You to backup Your User Content stored with TheCove through the Use of the Services should You choose not to accept the revised TOS or if You terminate this Agreement You understand that TheCove may delete Your User Content after a reasonable backup period has lapsed ("Backup Grace Period"). Different Backup Grace Periods may apply depending on the specific Service and the efforts required to backup the particular User Content.

 

14. Limitation of Liability

 

14.1. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO THECOVE DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND THECOVE’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH THECOVE IS TO STOP USING THE GAMES AND TO CANCEL YOUR ACCOUNT.

 

14.2. Any claim or cause of action arising out of or related to use of the Services, including any Service or information available through third party platforms, or the Terms must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred.

 

14.3. TheCove is not responsible and expressly disclaim any liability for any transactions administered by a third party payment service provider and/or store.

 

15. Advertisements

 

15.1. You agree that TheCove and/or a third party, as part of the Services, places or displays to You advertisements, materials or other content and materials or products for promotional purposes that you may be interested in promotion.

 

15.2. In any event, TheCove will only send You marketing emails or app push notification for marketing purposes where you have explicitly opted to receive such information and communication, for example, when You registered for the Services.

 

15.3. The Services may contain hyperlinks to content resources and services of third parties, including other websites ("External Resources"). TheCove is not responsible for and has no control over the content (including advertisements, products and other materials) provided, made available and/or displayed to You under these External Resources and is not liable for any damage or loss incurred by You due to or as a result of the content (including any reliance by You on the availability, accuracy, applicability or completeness of the content) which is made available to You, provided to You or displayed to You under these External Resources.

 

15.4. You may from time to time and as a result of or through the Use of the Services purchase or avail Yourself of services, goods or software which is provided to You by a third party. Your use of such other services, goods or software may be subject to separate TOS between You and the respective third party. This Agreement does not affect Your legal relationship with that third party and TheCove is not liable or responsible for any services, goods or software provided to You by any third party.

 

16. Software and software updates and updates to the Services

TheCove may automatically download and install updates from time to time (including firmware updates for the devices you registered with the Services) ("Software Updates"). Such Software Updates may be in various forms and are generally provided for the purposes of improving the performance, security and reliability of the Services or any product or device used to access the Services. Such updates may include bug fixes, enhancements to the Services or parts thereof, products or devices and updates and enhancements to any software previously installed (including entirely new versions).

 

17. Special TOS

17.1. When You register for a Service, you may be presented with special TOS which, among others, describe specific features and characteristics of the Service and may stipulate additional legal provisions (collectively referred to as "Special Terms").

 

17.2. Any Special Terms apply in addition and in conjunction with these TOS. In the event of a conflict between these TOS and any of the Special Terms, the Special Terms shall take precedence over these TOS.

 

18. Assignment

18.1. You are not permitted to transfer, assign or otherwise dispose of this Agreement which is personal to You, or any of Your rights or obligations arising under this Agreement without the prior written consent of TheCove.

 

18.2.TheCove may assign or delegate all or a part of our rights or responsibilities under these TOS and/or TheCove Privacy Policy to any person or entity at any time with or without your consent.

 

19. Force Majeure

 

19.1. TheCove is not liable or responsible for any failure to perform, or delay in performance of any of TheCove's obligations under this Agreement that is caused by events outside TheCove's reasonable control ("Force Majeure Event"), in particular (without limitation) (a) unavailability of public or private telecommunication networks (b) acts, decrees, legislation, regulations or restrictions of any government or (c) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or any natural disaster.

 

19.2. TheCove's performance under this Agreement is deemed to be suspended for the period that Force Majeure Event continues, and TheCove will have an extension of time for performance for the duration of that period.

 

19.3. TheCove will use its reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which TheCove's obligations under this Agreement may be performed despite the Force Majeure Event.

20. Confidentiality

20.1. The Services may contain information which is confidential to TheCove including, without limitation, all information designated as confidential or recognizable as trade or business secrets or for other reasons recognizable or made available to You as confidential.

20.2. Unless stated otherwise in these TOS You will (a) keep such information confidential for an unlimited period of time and not disclose such information without TheCove's prior written consent and (b) neither record or otherwise utilize such information unless required for the purposes of this Agreement.

 

20.3. Clause ‎20.2 shall not apply in the event that You are required to disclose information which is confidential to TheCove according to applicable law. In this case and to the extent permissible by applicable law, you will notify TheCove immediately of any disclosure of any information which is confidential to TheCove.

21. General provisions

21.1. TheCove will rely only on the written TOS. Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding towards TheCove unless expressly confirmed in writing by TheCove to You and they supersede and replace any and all earlier agreements and understandings between you and TheCove. No other person shall be a third party beneficiary to this Agreement.

21.2. TheCove may provide You with notices (including notices relating to changes to the Agreement or termination of the Services or parts thereof) by email, ordinary mail, or postings on or via the Services.

21.3. If TheCove does not exercise or enforce any legal right or remedy which is set out in this Agreement or which TheCove has the benefit of under any applicable law, this will not be construed as a formal waiver of TheCove's rights or remedies and such rights or remedies will remain available to TheCove. 20.4. If any provision of this Agreement is held to be invalid, illegal or unenforceable (in whole or in part) as determined by a court of law having jurisdiction to decide on this matter, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

21.4. If TheCove does not exercise or enforce any legal right or remedy which is set out in this Agreement or which TheCove has the benefit of under any applicable law, this will not be construed as a formal waiver of TheCove's rights or remedies and such rights or remedies will remain available to TheCove. Any waiver of such rights shall only be effective if it is in writing and signed by TheCove. Any waiver of such rights shall only be effective if it is in writing and signed by us.

 

22. Dispute Resolution and Law

If a dispute arises between you and TheCove, we strongly encourage you to contact us directly first to seek a resolution by emailing at (contact@thecove.kr). These Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respect by and construed in accordance with laws of the Republic of Korea, without regard to conflict of law provisions. You agree that any claim or dispute you may have against TheCove must be resolved exclusively by a court located in Seoul, Korea.

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