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TERMS OF USE
Last Modified on March 16, 2021
IMPORTANT: PLEASE READ THESE TERMS of Use CAREFULLY BEFORE CONTINUING TO USE THIS SOFTWARE OR ANY ASSOCIATED SERVICES.
This Terms of Use (the “Agreement”) is a legal agreement between you and Way2Bit Co. Ltd., a corporation under the laws of the South Korea, with its registered office at 8F., 8, Seongnam-daero 331beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, Republic of Korea, 13558 (“Way2Bit”). It governs your access to, conduct in, and other terms and conditions relating to our operation and your use of the interactive experience known as “Astellia” (the “Service”), which includes (i) the “Astellia” video game software and associated software components (the “Game”); (ii) the Astellia website located at www.astellia-mmo.com (the “Site”); (iii) social components (such as but not limited to forums, chat and messaging, and associated social media sites); (iv) virtual resources, goods, and services; (v) online or electronic documentation; and (vi) other elements that may be added from time to time.
our acceptance of this Terms of Use is materialized by your electronic signature, concretized by ticking the box provided for this purpose or by clicking on the button accepting the TOS or the button to complete the creation of your Account. This acceptance is required to create an Account and / or use the Services and / or download the Games. In case of disagreement with these provisions, you should not check the box or click on the button of acceptance of the Terms. In case of update of the Terms, you will be asked to mark your agreement through a check box or a click on a button of acceptance of the Terms, otherwise you will not be able to access the Services.
If you do not agree to the then-current Agreement, you must immediately discontinue using the Service.
Your use of the Service is controlled solely by this Agreement, which cannot be changed except by a written agreement signed by both you and an authorized representative of Way2Bit.
The Service is licensed, not sold.
ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN THE TERMINATION OF YOUR ACCOUNT OR ANY PRIVILEGES ASSOCIATED WITH THE GAME.
1. GRANT OF LICENSE
The Service is licensed to you by Way2Bit for personal, noncommercial use for the lifetime of your Account. The license to the Service is non-exclusive and non-transferable. All other uses of this license are prohibited.
2. YOUR ACCOUNT
2.1. Account Creation. You need to register for an Account to use the Service. You may only create an Account if you are at least 16 years old regardless which country you live. If you are under 16 years old, your parent or legal guardian must establish an Account with us in order for you to access and use the Service. You also acknowledge that you are able to enter into a valid contract in accordance with the law, case law or practice of your country of habitual residence. You may create an Account for free by signing up through a registration form on the Site, but if you wish to play the Game, you must purchase the Game. Way2Bit may revise the pricing for the Game and other parts of the Service at any time.
If we discover you are under an appropriate age listed above we will delete your account and suspend any future services with us. If you suspect someone under an appropriate age is using our Services, please contact us on support@astellia-mmo.com and we will investigate further.
You are solely responsible for the activity that occurs on your Account. You agree to keep your Account and devices secure and to notify Way2Bit immediately of any breach of security or unauthorized use of your Account.
2.2. Billing and Payment.
2.2.1 Selling Price. The selling prices for each service listed on the website or in the electronic catalog are indicated in euros, all taxes included, excluding other costs mentioned before validation of the order and charged in addition (see section entitled “Fees” below).
The total amount owed by you is indicated on the order confirmation page. The selling price of the service is the one which is in force on the day of the order. In the event of a promotion, Way2Bit will apply the promotional price to any order placed during the advertising period made for that promotion.
2.2.2 Modification. Way2Bit reserves the right to modify its prices at any time, while guaranteeing you the application of the price in force on the day of your order.
2.2.3 Fees. The additional costs, which you are able to read before the order, are fixed on the order form. If there is not a fixed final price, but a subscription, the mention of the price includes the total weekly/monthly/yearly costs (depending on the period of subscription). When the total cost cannot be reasonably calculated in advance, the method of calculating the price will be communicated to you.
2.3 Messages and Notifications. By signing up for an Account and making use of the Service, you consent to and agree that Way2Bit may send you messages and notifications through the Service and to the email address connected to your Account concerning, by way of example and not limitation, in-Game activities, notifications about your Account, or advertisements of existing and upcoming features for the Service.
2.4 Accurate Information. When creating your Account, you promise to provide a valid email address and accurate information related to your Account. You promise to keep this information updated so that it is accurate at all times.
2.5 Suspension of Accounts. Way2Bit may, at our sole discretion, suspend or terminate your Account or your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement or for any other reason, wherein such breach is not cured after reasonable notice thereof is given by email. If the breach is not cured within fifteen days from receipt of the notice email, the termination of your Account or your access will automatically be effective.
2.6 Your Username. Way2Bit may force you to change any of your screen names (including, for example, your Account name, public forum username, or in-Game character name) if (i) it is the name of another person, with the intent to impersonate that person, (ii) it incorporates the rights of a third party without appropriate authorization, or (ii) Way2Bit deems it unacceptable by community standards. Users additionally agree that their usernames:
will not to refer to political orientation, ethnicity, community, religion;
will not be vulgar or insulting;
will not have sexual or pornographic connotations;
will not to contain your real name;
will not resemble or imitate a registered trademark or a term protected by copyright;
will not to promote a commercial service;
will not to refer to a narcotic product or any other products or entities prohibited by law;
will not to be spelled or spelled alternatively for the purpose of circumventing the rules imposed above; and
will not combine your name and surname, which, assembled, would contravene the rules provided above.
2.7. Account Privacy. You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Service. You further agree that the contents of any messages or other communication sent from your Account, whether in or through chats, forums, direct user-to-user communication, or by other means, may be accessed, reproduced, or distributed by Way2Bit as it sees fit. Way2Bit will fully cooperate with law enforcement and other governmental entities in policing the content of the Service.
2.8. No Account Purchases and Transfers. You may not buy, sell, give, or trade any Account, nor attempt to buy, sell, give, or trade any Account. Way2Bit owns, has licensed, or otherwise has rights to all the content that appears in-Service, including Accounts.
3. USER CONDUCT
3.1. Your Conduct in the Service. You are responsible for your conduct as a member of the community and as a user of the Service.
You represent, warrant and agree that you will not engage in conduct or communication (written, verbal, or nonverbal), either yourself, or by or through your in-Service avatar, which:
is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
is or could be taken as slurs, hate speech, or attacks on individuals or groups based on race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product or activity;
encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, religious or political, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Service an uncomfortable experience for anyone;
infringes, could infringe, or could lead to infringement of any copyright, trademark, publicity or privacy right, or any other intellectual property or personal right of any person or entity;
removes or modifies any copyright, trademark, or other proprietary rights notices in or related to the Service;
re-uses any copyrighted or proprietary materials from the Service for commercial use;
reformats or frames any portion of the Service;
promotes a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except as expressly permitted by Way2Bit;
constitutes spam (sending the same message multiple times or to multiple people will be treated as spam), surveys, or other mass messaging, whether commercial in nature or not;
is a chain letter, or constitutes junk mail;
restricts, inhibits, or discourages any other user from using the Service or contains a virus or another harmful component;
hacks, modifies or otherwise makes use of cheats, mods, automation software (bots) or any other unauthorized third party software designed to modify the Service experience;
removes, circumvents, disables, damages or otherwise interferes with any security-related features of the Service, features that prevent or restrict the use or copying of Service content or features that enforce limitations on the use of the Service;
imposes an unreasonable or disproportionately large load on the Service or otherwise interferes with the Service's operation;
“spoofs” within the Service, meaning the use of any means to disguise your online identity or alter original attribute information, including through the use of duplicate accounts;
uses or possesses programs to “crack” the Service or other Internet security tools;
uploads files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Service;
defrauds or impersonates a member of Way2Bit staff, including the manipulation of images or communications (such as doctored screenshots of support tickets or forum posts), to give the impression that a staff member made such a communication;
specifies or claims that that you are affiliated with Way2Bit when you are not, including a “Game Master”, “Moderator”, or any other employee or agent of Way2Bit;
requests account login information from other users of the Service;
creates, maintains, or participates on a third party server setup of the Game or any part of the Service;
purchases in-Game currency or other Virtual Items through a third party individual, entity, service, or site;
violates any local, state, federal or international laws or gives rise to civil liability;
violates these Terms of Use; or
anything else that Way2Bit, in its sole determination, deems harmful to the Service's or to Way2Bit's integrity or business or the integrity or business of Way2Bit's affiliates (collectively, the “Acceptable Use Policy”).
3.2. User Generated Content. Any information, material, and content which you and other users post, contribute or otherwise submit through the Service is generally known as “user generated content” (“UGC”). Your UGC includes any posts, uploaded images, or comments posted on the Service's chat, forums, or other venues. Our moderators will make reasonable efforts to adhere to these Terms and other community guidelines in moderating UGC. But in any event, their decisions (for example, as to removal of any UGC) are final with regard to such UGC.
By posting UGC, you represent that you are the owner of the UGC, and give Way2Bit permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and by any media (whether now known or hereafter devised), whether on a commercial or non-commercial basis, in perpetuity anywhere in the world.
By way of example only, this will include permission to make your UGC available through the Service to other users, in advertising the Service, or to display UGC as part of contests and other promotions.
You also grant to every other user of the Service unlimited, non-terminable, and free permission to use all or any part of your UGC for non-commercial purposes within the Service.
4. VIRTUAL ITEMS
4.1. Virtual Items. Virtual goods and consumable and non-consumable virtual items, Game Pass, character customization features, upgraded and early access to Service features, in-Game content, BENA Cash, Gems, and any other in-Game credits and currency (“Virtual Items”) may be offered as a feature of the Service through (i) in-Game purchases with real-world currency, (ii) for purchase using BENA Cash or Gems, (iii) earned through your in-Game activities, (iv) earned through promotions, sweepstakes, contests, or other giveaways, or (v) through other methods detailed within the Service. Your election to make a purchase of Virtual Items with real currency will be an offer to Way2Bit to purchase at the prices and on the terms set forth in this Agreement and on the Service. Completion of the transaction will constitute Way2Bit’s acceptance of your offer. Way2Bit will have no liability resulting from any failure of any transaction to be completed, whether to you or to a third party involved in the transaction (such as a credit card company, bank, or payment processor). No transaction will be deemed completed until Way2Bit has received payment from the payment processor for the Virtual Item that is the subject of the applicable transaction.
4.2. License and Transfers. You agree that (i) you have no right or title in or to any Virtual Items, (ii) Virtual Items are licensed, not sold, and (iii) Virtual Items have no real-world value. Way2Bit does not recognize any purported transfers of Virtual Items executed outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service. Virtual Items may be subject to confiscation by Way2Bit at their sole discretion, as deemed necessary to uphold the integrity of the Game. You may not sell Virtual Items for “real” money or exchange those Virtual Items or currency for value outside of the Service.
Notwithstanding the above, you may trade in-Game Virtual Items within the Service in the in-Game marketplace and trading systems set up for that purpose, though certain limits and restrictions may apply.
4.3. Expiration of Virtual Items. All Virtual Items will expire and no longer be accessible when (i) your Account is terminated for any reason, (ii) your Account is inactive for a period of 24 months, or (iii) Way2Bit ceases to make the Service available for use or otherwise support the operation of the Service, at their sole discretion.
4.4. Refund Policy. Way2Bit may refund any non-consumable Virtual Items (such as, by way of example, costumes and items that do not disappear after their first use) only if a refund request is made within 3 days of the purchase of that Virtual Item. Game Pass purchases may be refunded only if a refund request is made within 14 days of purchase. Notwithstanding the foregoing, all refund requests are reviewable by Way2Bit and Way2Bit may refuse a refund if it is deemed, in Way2Bit's sole discretion, to constitute abuse (e.g., repeated refund requests for Virtual Items) or for any other reason.
Under no circumstances will refunds be given for consumable Virtual Items (such as, by way of example, XP buffs, potions, character appearance changes which may only be used once before disappearing). In connection with Virtual Items, and except where refunds are allowed by Way2Bit, all sales are final when the transaction has been processed.
You can read more about our refund policy by clicking here.
4.5. Acceptable Use. Use of the Virtual Items is subject to the Acceptable Use Policy described in this Agreement. Using your Virtual Items in conjunction with content that does not comply with the Acceptable Use Policy may result in termination or suspension of your Account and voiding of any Virtual Items associated with your Account.
4.6. Availability of Virtual Items. Way2Bit cannot and does not guarantee availability of any Virtual Items or the term of any price, special promotions, or offers related to the Service or any Virtual Items.
5. GAME PASSES; PACKAGES
5.1. Package Purchases. You may be able to purchase various packages, which grant access to the Service as long as the Service is offered for license by Way2Bit in your territory (each, a “Package”). The various Package prices and features are further detailed on the purchase page on the Service. If you purchase a Package while you have an active Game Pass (as defined below), your Account will be converted to access to the Service as long as the Service is still available in your territory and the Package is renewed, without any refund of the Game Pass, except as otherwise may be detailed in our Refund Policy here.
5.2. Game Passes. Way2Bit may give you the opportunity to purchase a 30-day recurring subscription to access the Service (a “Game Pass”). Your purchase of a Game Pass will grant you access to all Service features, including the ability to access all Service content, purchase Virtual Items, etc., as if you had purchased a Package to use the Service, except that such access will be limited to the duration of the Game Pass. Game Passes may only be refunded in accordance with our Refund Policy here. You may change your auto-renewal preferences in your Account page on the Service.
5.3. Duration. If you purchase a Game Pass prior to the start of availability of the Service, your 30-Day Game Pass Period will start when the Service is live. If you purchase a Game Pass any time after the start of the live Service, your 30-Day Game Pass Period will start when Way2Bit confirms your payment. In either case, your Game Pass will continue for a period of 30 days (defined as 30 24-hour periods from the date of confirmation of your payment). When you purchase a Game Pass, you may have the option to select to auto-renew your Game Pass subscription every 30 days, by selecting this option in your Account. At the end of each 30-Day Game Pass Period, you will automatically be signed up and billed for an additional term of 30 days at the then-current pricing. If at any point you do not wish your Game Pass to auto-renew, you may uncheck the auto-renew box in your Account at any point at least 24 hours prior to the end of your current Game Pass Period.
5.4. Multiple Game Passes. If you purchase multiple Game Passes, the Game Pass purchased first will be used first, and then any additional purchased Game Passes will go into effect at the end of that initial Game Pass Period. These “stacked” Game Passes will remain valid as long as the Service is offered for license by Way2Bit in your territory.
5.5. Eligibility. In order to be eligible to purchase a Game Pass, you may not have purchased any other valid Service packages, granting access to the Service (whether in pre-sale or post-launch sales). If you (i) do not currently have a valid package purchased on your Account, (ii) have previously purchased a Game Pass, or (iii) have purchased a package but were granted a refund by Way2Bit, you are eligible to purchase a Game Pass.
5.6. Fees. Way2Bit reserves the right, at its sole discretion, to modify the amount of the subscription fees for the Game Pass. In the event of a modification, Way2Bit will send you an email notification at least 30 days before the price modifications are made. With the notification, we will remind you that your continued use after the end of your current Game Pass Period means that you accept the new fees, if you have auto-renew selected in your Account. However, the new price will only be applicable to you from the date of your automatic Game Pass subscription renewal, if any, and no modification of prices will affect Game Passes already purchased by you.
5.7. Cancellation. If you disagree with those price modifications or otherwise wish to cancel your Game Pass, you may cancel your subscription by clicking the “Cancel” button on the first page of your Account page. Please note that your cancellation must be made at least 24 hours before any price changes come into effect, otherwise you will be deemed to have accepted the modified pricing.
5.8. Game Pass Limitations. If you purchase a Game Pass, you will be subject to certain limitations with regard to your use of the Service:
5.8.1. If your Game Pass expires while you are logged into the Service, once you log out you will not be able to log in again unless you purchase another Game Pass or a Package;
5.8.2. If your Game Pass expires during maintenance of the Service or any other period of Service inactivity, you will not be able to log in again unless you purchase another Game Pass or a Package;
5.8.3. You may purchase multiple Game Passes, which will grant you time-limited access to the Service. If your total purchase price for all Game Passes is more than the cost of a Package, you will not be eligible for the benefits of a Package, regardless of the amount spent on Game Passes.
5.8.4. If you cancel your Game Pass or Account, or your Game Pass expires, Way2Bit will retain your Account and Game Data for a period of 2 years. After this 2-year period expires, you will no longer be able to recover your Account and Game Data, even if you purchase a new Game Pass or Package.
6. OTHER RIGHTS AND LIMITATIONS
6.1. Maintenance of Copyright and Trademark Notices. You must not remove or alter any copyright or trademark notices that appear anywhere within the Service.
6.2. Distribution. The license granted hereunder is non-transferable. The Service and your Account are licensed for your use only and only on devices that you own or control. You may not distribute the Service to any third party.
6.3.Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble any portion of the Service, or take any steps to recreate or recover the source code of any part of the Service.
6.4. Rental. You may not rent, lease, or lend any portion of the Service, or offer it for any commercial use or purpose, except as explicitly allowed in this Agreement.
6.5. Support Services. Way2Bit may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Way2Bit is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Way2Bit under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Way2Bit will be and remain the sole property of Way2Bit and will be subject to the terms and conditions of this Agreement.
Way2Bit support may be reached by contacting us through the Service's customer support website, located at support.astellia-mmo.com or via email at support@astellia-mmo.com. You agree that you will look solely to Way2Bit in connection with Support Services.
6.6. Suggestions for Improvements. Any ideas, suggestions, or proposals (“Suggestions”) with regard to the Service may allow us to better address our users' needs and improve the Service and related services. If at any time you provide Suggestions to us, Way2Bit will be entitled to use or disclose (or choose not to disclose) any such Suggestions for any purpose, in any way, in any media worldwide, and Way2Bit is not under any obligation of confidentiality, express or implied, and you will not be entitled to any compensation or reimbursement of any kind under any circumstances for submission or use of your Suggestions.
7. TERM, TERMINATION, MODIFICATION OF TERMS OF USE
The term of this Agreement will commence upon your purchase and download of the Service and will continue for the life of your Account. Without prejudice to any of its other rights, Way2Bit may unilaterally terminate or modify this Agreement at any time and for any reason or for no reason, with no notice to you.
For example, but not in limitation, Way2Bit may choose to terminate this Agreement and your rights in connection with the Service, if Way2Bit, in its sole determination, discontinues the Service, stops supporting or maintaining the Service, ceases to provide updates, no longer offers the Service for license, or believes you have failed to comply with the terms and conditions of this Agreement.
In the event of termination arising because of discontinuation of the Service by Way2Bit, all Virtual Items, including Gems and BENA Cash, will be void. Additionally, no refunds will be given for any Virtual Items.
In the event of termination arising from your failure to comply with the terms of this Agreement: (i) no refunds will be made and (ii) you must promptly delete or destroy all copies of the Service in your possession. If modification of the Agreement by Way2Bit materially affects your rights in connection with the Service, which determination will be made by Way2Bit in its sole determination, Way2Bit may, but is under no obligation to, notify you by sending an email message to your last email address known to Way2Bit or through the Service. Way2Bit will have no liability if you do not receive Way2Bit's notification.
To terminate this Agreement you, the User, must delete your account by (i) choosing to do so within your Account (in which case Account deletion will take place approximately 14 days after account ownership verification), or (ii) by either notifying our customer support at support.astellia-mmo.com or via email at support@astellia-mmo.com (in which case Account deletion will be handled manually within a reasonable time, usually within 24 hours).
8. COPYRIGHT
As between you and Way2Bit, all title and intellectual property rights in and to the content which may be accessed through use of the Service are the property of Way2Bit and may be protected by applicable copyright or other intellectual property laws and treaties. As between you and Way2Bit, all title, including copyrights, in and to Virtual Items, and any copies of those Virtual Items, whether or not acquired with consideration, are owned by Way2Bit, provided for entertainment purposes only for your exclusive use only in connection with the Service. These Virtual Items may not be sold, bartered, or traded without the consent of Way2Bit. No property or other proprietary rights in or to Virtual Items will accrue to you under any circumstances.
This Agreement grants you no rights to use any Service content except in and in connection with the Service, as expressly and unambiguously set forth in this Agreement. All rights not expressly granted are reserved by Way2Bit.
9. COPYRIGHT INFRINGEMENT CLAIMS
If you are a copyright owner or an agent of a copyright owner and believe that any UGC or content in the Service infringes upon your copyrights, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) to our Copyright Agent at the contact information given below, with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You can reach our Copyright Agent here:
Way2Bit Co. Ltd.
Attn: Copyright Agent
8F., 8, Seongnam-daero
331beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do
Republic of Korea,
13558
contact@astellia-mmo.com
10. YOUR REPRESENTATION TO WAY2BIT
As a material inducement to Way2Bit entering into this Agreement with you, you represent to Way2Bit that: (i) you are over 16 years of age, and not subject to any prohibitions or restrictions that would prevent or inhibit you from entering into legally enforceable agreements; (ii) you are not located in a country that is subject to a U.S. government embargo or has been designated by the U.S. government as a “terrorist nation”; and (iii) you are not listed on any U.S. government list of prohibited or restricted parties.
11. PRIVACY POLICY
In an effort to preserve your privacy, Way2Bit agrees that it will treat any personally identifying information that you submit through the Service in accordance with the terms outlined in its Privacy Policy located at https://www.astellia-mmo.com/privacy-policy. Upon any suspected breach, Way2Bit will contact any affected users to alert them of the breach.
12. THIRD-PARTY CONTENT
Way2Bit may provide hyperlinks within the Service to other websites and services maintained by third parties. These links to third party websites and services are provided for your convenience and information only. The content on any linked website or service is not under Way2Bit's control, and Way2Bit is not responsible for the content of any linked website or service (including any further links contained on those third party websites and services).
IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES OR SERVICES LINKED TO IN THE GAME, YOU DO SO ENTIRELY AT YOUR OWN RISK.
13. DISCLOSURES REQUIRED BY LAW
Way2Bit reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Way2Bit may fully cooperate with any law enforcement authorities or court order requesting or directing Way2Bit to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate this Agreement.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD WAY2BIT HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WAY2BIT DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WAY2BIT OR LAW ENFORCEMENT AUTHORITIES.
14. Governing Law/MEDIATION/JURISDICTION
For EU users, in the event of a dispute relating to the interpretation, the performance or the validity of the Agreement, an amicable solution can be sought before any legal action. You can file your complaint by sending a message via email to csdispute@astellia-mmo.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
The EU ODR is no longer available to those within the UK and any such disputes should be raised to us as soon as possible.
15. MISCELLANEOUS TERMS
15.1. Entire Agreement. This Agreement constitutes the entire agreement between you and Way2Bit and governs the terms and conditions of your use of the Service, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Way2Bit with respect to the Service. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, third party content, or third party software.
15.2. No Waiver. The failure of Way2Bit to exercise or enforce any right or provision of this Agreement does not operate as a waiver of such right or provision. Any waiver of this Agreement by Way2Bit must be in writing and signed by an authorized representative of Way2Bit.
15.3. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
15.4. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
15.5. No Partnership. Nothing contained in the Agreement will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.
15.6. Equitable Remedies. You hereby agree that Way2Bit would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we are entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
For any questions, or to report any violations of this Agreement to Way2Bit, please visit our support page at support.astellia-mmo.com or email us at support@astellia-mmo.com.
Last Modified on March 16, 2021
IMPORTANT: PLEASE READ THESE TERMS of Use CAREFULLY BEFORE CONTINUING TO USE THIS SOFTWARE OR ANY ASSOCIATED SERVICES.
This Terms of Use (the “Agreement”) is a legal agreement between you and Way2Bit Co. Ltd., a corporation under the laws of the South Korea, with its registered office at 8F., 8, Seongnam-daero 331beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, Republic of Korea, 13558 (“Way2Bit”). It governs your access to, conduct in, and other terms and conditions relating to our operation and your use of the interactive experience known as “Astellia” (the “Service”), which includes (i) the “Astellia” video game software and associated software components (the “Game”); (ii) the Astellia website located at www.astellia-mmo.com (the “Site”); (iii) social components (such as but not limited to forums, chat and messaging, and associated social media sites); (iv) virtual resources, goods, and services; (v) online or electronic documentation; and (vi) other elements that may be added from time to time.
our acceptance of this Terms of Use is materialized by your electronic signature, concretized by ticking the box provided for this purpose or by clicking on the button accepting the TOS or the button to complete the creation of your Account. This acceptance is required to create an Account and / or use the Services and / or download the Games. In case of disagreement with these provisions, you should not check the box or click on the button of acceptance of the Terms. In case of update of the Terms, you will be asked to mark your agreement through a check box or a click on a button of acceptance of the Terms, otherwise you will not be able to access the Services.
If you do not agree to the then-current Agreement, you must immediately discontinue using the Service.
Your use of the Service is controlled solely by this Agreement, which cannot be changed except by a written agreement signed by both you and an authorized representative of Way2Bit.
The Service is licensed, not sold.
ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN THE TERMINATION OF YOUR ACCOUNT OR ANY PRIVILEGES ASSOCIATED WITH THE GAME.
1. GRANT OF LICENSE
The Service is licensed to you by Way2Bit for personal, noncommercial use for the lifetime of your Account. The license to the Service is non-exclusive and non-transferable. All other uses of this license are prohibited.
2. YOUR ACCOUNT
2.1. Account Creation. You need to register for an Account to use the Service. You may only create an Account if you are at least 16 years old regardless which country you live. If you are under 16 years old, your parent or legal guardian must establish an Account with us in order for you to access and use the Service. You also acknowledge that you are able to enter into a valid contract in accordance with the law, case law or practice of your country of habitual residence. You may create an Account for free by signing up through a registration form on the Site, but if you wish to play the Game, you must purchase the Game. Way2Bit may revise the pricing for the Game and other parts of the Service at any time.
If we discover you are under an appropriate age listed above we will delete your account and suspend any future services with us. If you suspect someone under an appropriate age is using our Services, please contact us on support@astellia-mmo.com and we will investigate further.
You are solely responsible for the activity that occurs on your Account. You agree to keep your Account and devices secure and to notify Way2Bit immediately of any breach of security or unauthorized use of your Account.
2.2. Billing and Payment.
2.2.1 Selling Price. The selling prices for each service listed on the website or in the electronic catalog are indicated in euros, all taxes included, excluding other costs mentioned before validation of the order and charged in addition (see section entitled “Fees” below).
The total amount owed by you is indicated on the order confirmation page. The selling price of the service is the one which is in force on the day of the order. In the event of a promotion, Way2Bit will apply the promotional price to any order placed during the advertising period made for that promotion.
2.2.2 Modification. Way2Bit reserves the right to modify its prices at any time, while guaranteeing you the application of the price in force on the day of your order.
2.2.3 Fees. The additional costs, which you are able to read before the order, are fixed on the order form. If there is not a fixed final price, but a subscription, the mention of the price includes the total weekly/monthly/yearly costs (depending on the period of subscription). When the total cost cannot be reasonably calculated in advance, the method of calculating the price will be communicated to you.
2.3 Messages and Notifications. By signing up for an Account and making use of the Service, you consent to and agree that Way2Bit may send you messages and notifications through the Service and to the email address connected to your Account concerning, by way of example and not limitation, in-Game activities, notifications about your Account, or advertisements of existing and upcoming features for the Service.
2.4 Accurate Information. When creating your Account, you promise to provide a valid email address and accurate information related to your Account. You promise to keep this information updated so that it is accurate at all times.
2.5 Suspension of Accounts. Way2Bit may, at our sole discretion, suspend or terminate your Account or your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement or for any other reason, wherein such breach is not cured after reasonable notice thereof is given by email. If the breach is not cured within fifteen days from receipt of the notice email, the termination of your Account or your access will automatically be effective.
2.6 Your Username. Way2Bit may force you to change any of your screen names (including, for example, your Account name, public forum username, or in-Game character name) if (i) it is the name of another person, with the intent to impersonate that person, (ii) it incorporates the rights of a third party without appropriate authorization, or (ii) Way2Bit deems it unacceptable by community standards. Users additionally agree that their usernames:
will not to refer to political orientation, ethnicity, community, religion;
will not be vulgar or insulting;
will not have sexual or pornographic connotations;
will not to contain your real name;
will not resemble or imitate a registered trademark or a term protected by copyright;
will not to promote a commercial service;
will not to refer to a narcotic product or any other products or entities prohibited by law;
will not to be spelled or spelled alternatively for the purpose of circumventing the rules imposed above; and
will not combine your name and surname, which, assembled, would contravene the rules provided above.
2.7. Account Privacy. You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Service. You further agree that the contents of any messages or other communication sent from your Account, whether in or through chats, forums, direct user-to-user communication, or by other means, may be accessed, reproduced, or distributed by Way2Bit as it sees fit. Way2Bit will fully cooperate with law enforcement and other governmental entities in policing the content of the Service.
2.8. No Account Purchases and Transfers. You may not buy, sell, give, or trade any Account, nor attempt to buy, sell, give, or trade any Account. Way2Bit owns, has licensed, or otherwise has rights to all the content that appears in-Service, including Accounts.
3. USER CONDUCT
3.1. Your Conduct in the Service. You are responsible for your conduct as a member of the community and as a user of the Service.
You represent, warrant and agree that you will not engage in conduct or communication (written, verbal, or nonverbal), either yourself, or by or through your in-Service avatar, which:
is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
is or could be taken as slurs, hate speech, or attacks on individuals or groups based on race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product or activity;
encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, religious or political, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Service an uncomfortable experience for anyone;
infringes, could infringe, or could lead to infringement of any copyright, trademark, publicity or privacy right, or any other intellectual property or personal right of any person or entity;
removes or modifies any copyright, trademark, or other proprietary rights notices in or related to the Service;
re-uses any copyrighted or proprietary materials from the Service for commercial use;
reformats or frames any portion of the Service;
promotes a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except as expressly permitted by Way2Bit;
constitutes spam (sending the same message multiple times or to multiple people will be treated as spam), surveys, or other mass messaging, whether commercial in nature or not;
is a chain letter, or constitutes junk mail;
restricts, inhibits, or discourages any other user from using the Service or contains a virus or another harmful component;
hacks, modifies or otherwise makes use of cheats, mods, automation software (bots) or any other unauthorized third party software designed to modify the Service experience;
removes, circumvents, disables, damages or otherwise interferes with any security-related features of the Service, features that prevent or restrict the use or copying of Service content or features that enforce limitations on the use of the Service;
imposes an unreasonable or disproportionately large load on the Service or otherwise interferes with the Service's operation;
“spoofs” within the Service, meaning the use of any means to disguise your online identity or alter original attribute information, including through the use of duplicate accounts;
uses or possesses programs to “crack” the Service or other Internet security tools;
uploads files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Service;
defrauds or impersonates a member of Way2Bit staff, including the manipulation of images or communications (such as doctored screenshots of support tickets or forum posts), to give the impression that a staff member made such a communication;
specifies or claims that that you are affiliated with Way2Bit when you are not, including a “Game Master”, “Moderator”, or any other employee or agent of Way2Bit;
requests account login information from other users of the Service;
creates, maintains, or participates on a third party server setup of the Game or any part of the Service;
purchases in-Game currency or other Virtual Items through a third party individual, entity, service, or site;
violates any local, state, federal or international laws or gives rise to civil liability;
violates these Terms of Use; or
anything else that Way2Bit, in its sole determination, deems harmful to the Service's or to Way2Bit's integrity or business or the integrity or business of Way2Bit's affiliates (collectively, the “Acceptable Use Policy”).
3.2. User Generated Content. Any information, material, and content which you and other users post, contribute or otherwise submit through the Service is generally known as “user generated content” (“UGC”). Your UGC includes any posts, uploaded images, or comments posted on the Service's chat, forums, or other venues. Our moderators will make reasonable efforts to adhere to these Terms and other community guidelines in moderating UGC. But in any event, their decisions (for example, as to removal of any UGC) are final with regard to such UGC.
By posting UGC, you represent that you are the owner of the UGC, and give Way2Bit permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and by any media (whether now known or hereafter devised), whether on a commercial or non-commercial basis, in perpetuity anywhere in the world.
By way of example only, this will include permission to make your UGC available through the Service to other users, in advertising the Service, or to display UGC as part of contests and other promotions.
You also grant to every other user of the Service unlimited, non-terminable, and free permission to use all or any part of your UGC for non-commercial purposes within the Service.
4. VIRTUAL ITEMS
4.1. Virtual Items. Virtual goods and consumable and non-consumable virtual items, Game Pass, character customization features, upgraded and early access to Service features, in-Game content, BENA Cash, Gems, and any other in-Game credits and currency (“Virtual Items”) may be offered as a feature of the Service through (i) in-Game purchases with real-world currency, (ii) for purchase using BENA Cash or Gems, (iii) earned through your in-Game activities, (iv) earned through promotions, sweepstakes, contests, or other giveaways, or (v) through other methods detailed within the Service. Your election to make a purchase of Virtual Items with real currency will be an offer to Way2Bit to purchase at the prices and on the terms set forth in this Agreement and on the Service. Completion of the transaction will constitute Way2Bit’s acceptance of your offer. Way2Bit will have no liability resulting from any failure of any transaction to be completed, whether to you or to a third party involved in the transaction (such as a credit card company, bank, or payment processor). No transaction will be deemed completed until Way2Bit has received payment from the payment processor for the Virtual Item that is the subject of the applicable transaction.
4.2. License and Transfers. You agree that (i) you have no right or title in or to any Virtual Items, (ii) Virtual Items are licensed, not sold, and (iii) Virtual Items have no real-world value. Way2Bit does not recognize any purported transfers of Virtual Items executed outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service. Virtual Items may be subject to confiscation by Way2Bit at their sole discretion, as deemed necessary to uphold the integrity of the Game. You may not sell Virtual Items for “real” money or exchange those Virtual Items or currency for value outside of the Service.
Notwithstanding the above, you may trade in-Game Virtual Items within the Service in the in-Game marketplace and trading systems set up for that purpose, though certain limits and restrictions may apply.
4.3. Expiration of Virtual Items. All Virtual Items will expire and no longer be accessible when (i) your Account is terminated for any reason, (ii) your Account is inactive for a period of 24 months, or (iii) Way2Bit ceases to make the Service available for use or otherwise support the operation of the Service, at their sole discretion.
4.4. Refund Policy. Way2Bit may refund any non-consumable Virtual Items (such as, by way of example, costumes and items that do not disappear after their first use) only if a refund request is made within 3 days of the purchase of that Virtual Item. Game Pass purchases may be refunded only if a refund request is made within 14 days of purchase. Notwithstanding the foregoing, all refund requests are reviewable by Way2Bit and Way2Bit may refuse a refund if it is deemed, in Way2Bit's sole discretion, to constitute abuse (e.g., repeated refund requests for Virtual Items) or for any other reason.
Under no circumstances will refunds be given for consumable Virtual Items (such as, by way of example, XP buffs, potions, character appearance changes which may only be used once before disappearing). In connection with Virtual Items, and except where refunds are allowed by Way2Bit, all sales are final when the transaction has been processed.
You can read more about our refund policy by clicking here.
4.5. Acceptable Use. Use of the Virtual Items is subject to the Acceptable Use Policy described in this Agreement. Using your Virtual Items in conjunction with content that does not comply with the Acceptable Use Policy may result in termination or suspension of your Account and voiding of any Virtual Items associated with your Account.
4.6. Availability of Virtual Items. Way2Bit cannot and does not guarantee availability of any Virtual Items or the term of any price, special promotions, or offers related to the Service or any Virtual Items.
5. GAME PASSES; PACKAGES
5.1. Package Purchases. You may be able to purchase various packages, which grant access to the Service as long as the Service is offered for license by Way2Bit in your territory (each, a “Package”). The various Package prices and features are further detailed on the purchase page on the Service. If you purchase a Package while you have an active Game Pass (as defined below), your Account will be converted to access to the Service as long as the Service is still available in your territory and the Package is renewed, without any refund of the Game Pass, except as otherwise may be detailed in our Refund Policy here.
5.2. Game Passes. Way2Bit may give you the opportunity to purchase a 30-day recurring subscription to access the Service (a “Game Pass”). Your purchase of a Game Pass will grant you access to all Service features, including the ability to access all Service content, purchase Virtual Items, etc., as if you had purchased a Package to use the Service, except that such access will be limited to the duration of the Game Pass. Game Passes may only be refunded in accordance with our Refund Policy here. You may change your auto-renewal preferences in your Account page on the Service.
5.3. Duration. If you purchase a Game Pass prior to the start of availability of the Service, your 30-Day Game Pass Period will start when the Service is live. If you purchase a Game Pass any time after the start of the live Service, your 30-Day Game Pass Period will start when Way2Bit confirms your payment. In either case, your Game Pass will continue for a period of 30 days (defined as 30 24-hour periods from the date of confirmation of your payment). When you purchase a Game Pass, you may have the option to select to auto-renew your Game Pass subscription every 30 days, by selecting this option in your Account. At the end of each 30-Day Game Pass Period, you will automatically be signed up and billed for an additional term of 30 days at the then-current pricing. If at any point you do not wish your Game Pass to auto-renew, you may uncheck the auto-renew box in your Account at any point at least 24 hours prior to the end of your current Game Pass Period.
5.4. Multiple Game Passes. If you purchase multiple Game Passes, the Game Pass purchased first will be used first, and then any additional purchased Game Passes will go into effect at the end of that initial Game Pass Period. These “stacked” Game Passes will remain valid as long as the Service is offered for license by Way2Bit in your territory.
5.5. Eligibility. In order to be eligible to purchase a Game Pass, you may not have purchased any other valid Service packages, granting access to the Service (whether in pre-sale or post-launch sales). If you (i) do not currently have a valid package purchased on your Account, (ii) have previously purchased a Game Pass, or (iii) have purchased a package but were granted a refund by Way2Bit, you are eligible to purchase a Game Pass.
5.6. Fees. Way2Bit reserves the right, at its sole discretion, to modify the amount of the subscription fees for the Game Pass. In the event of a modification, Way2Bit will send you an email notification at least 30 days before the price modifications are made. With the notification, we will remind you that your continued use after the end of your current Game Pass Period means that you accept the new fees, if you have auto-renew selected in your Account. However, the new price will only be applicable to you from the date of your automatic Game Pass subscription renewal, if any, and no modification of prices will affect Game Passes already purchased by you.
5.7. Cancellation. If you disagree with those price modifications or otherwise wish to cancel your Game Pass, you may cancel your subscription by clicking the “Cancel” button on the first page of your Account page. Please note that your cancellation must be made at least 24 hours before any price changes come into effect, otherwise you will be deemed to have accepted the modified pricing.
5.8. Game Pass Limitations. If you purchase a Game Pass, you will be subject to certain limitations with regard to your use of the Service:
5.8.1. If your Game Pass expires while you are logged into the Service, once you log out you will not be able to log in again unless you purchase another Game Pass or a Package;
5.8.2. If your Game Pass expires during maintenance of the Service or any other period of Service inactivity, you will not be able to log in again unless you purchase another Game Pass or a Package;
5.8.3. You may purchase multiple Game Passes, which will grant you time-limited access to the Service. If your total purchase price for all Game Passes is more than the cost of a Package, you will not be eligible for the benefits of a Package, regardless of the amount spent on Game Passes.
5.8.4. If you cancel your Game Pass or Account, or your Game Pass expires, Way2Bit will retain your Account and Game Data for a period of 2 years. After this 2-year period expires, you will no longer be able to recover your Account and Game Data, even if you purchase a new Game Pass or Package.
6. OTHER RIGHTS AND LIMITATIONS
6.1. Maintenance of Copyright and Trademark Notices. You must not remove or alter any copyright or trademark notices that appear anywhere within the Service.
6.2. Distribution. The license granted hereunder is non-transferable. The Service and your Account are licensed for your use only and only on devices that you own or control. You may not distribute the Service to any third party.
6.3.Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble any portion of the Service, or take any steps to recreate or recover the source code of any part of the Service.
6.4. Rental. You may not rent, lease, or lend any portion of the Service, or offer it for any commercial use or purpose, except as explicitly allowed in this Agreement.
6.5. Support Services. Way2Bit may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Way2Bit is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Way2Bit under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Way2Bit will be and remain the sole property of Way2Bit and will be subject to the terms and conditions of this Agreement.
Way2Bit support may be reached by contacting us through the Service's customer support website, located at support.astellia-mmo.com or via email at support@astellia-mmo.com. You agree that you will look solely to Way2Bit in connection with Support Services.
6.6. Suggestions for Improvements. Any ideas, suggestions, or proposals (“Suggestions”) with regard to the Service may allow us to better address our users' needs and improve the Service and related services. If at any time you provide Suggestions to us, Way2Bit will be entitled to use or disclose (or choose not to disclose) any such Suggestions for any purpose, in any way, in any media worldwide, and Way2Bit is not under any obligation of confidentiality, express or implied, and you will not be entitled to any compensation or reimbursement of any kind under any circumstances for submission or use of your Suggestions.
7. TERM, TERMINATION, MODIFICATION OF TERMS OF USE
The term of this Agreement will commence upon your purchase and download of the Service and will continue for the life of your Account. Without prejudice to any of its other rights, Way2Bit may unilaterally terminate or modify this Agreement at any time and for any reason or for no reason, with no notice to you.
For example, but not in limitation, Way2Bit may choose to terminate this Agreement and your rights in connection with the Service, if Way2Bit, in its sole determination, discontinues the Service, stops supporting or maintaining the Service, ceases to provide updates, no longer offers the Service for license, or believes you have failed to comply with the terms and conditions of this Agreement.
In the event of termination arising because of discontinuation of the Service by Way2Bit, all Virtual Items, including Gems and BENA Cash, will be void. Additionally, no refunds will be given for any Virtual Items.
In the event of termination arising from your failure to comply with the terms of this Agreement: (i) no refunds will be made and (ii) you must promptly delete or destroy all copies of the Service in your possession. If modification of the Agreement by Way2Bit materially affects your rights in connection with the Service, which determination will be made by Way2Bit in its sole determination, Way2Bit may, but is under no obligation to, notify you by sending an email message to your last email address known to Way2Bit or through the Service. Way2Bit will have no liability if you do not receive Way2Bit's notification.
To terminate this Agreement you, the User, must delete your account by (i) choosing to do so within your Account (in which case Account deletion will take place approximately 14 days after account ownership verification), or (ii) by either notifying our customer support at support.astellia-mmo.com or via email at support@astellia-mmo.com (in which case Account deletion will be handled manually within a reasonable time, usually within 24 hours).
8. COPYRIGHT
As between you and Way2Bit, all title and intellectual property rights in and to the content which may be accessed through use of the Service are the property of Way2Bit and may be protected by applicable copyright or other intellectual property laws and treaties. As between you and Way2Bit, all title, including copyrights, in and to Virtual Items, and any copies of those Virtual Items, whether or not acquired with consideration, are owned by Way2Bit, provided for entertainment purposes only for your exclusive use only in connection with the Service. These Virtual Items may not be sold, bartered, or traded without the consent of Way2Bit. No property or other proprietary rights in or to Virtual Items will accrue to you under any circumstances.
This Agreement grants you no rights to use any Service content except in and in connection with the Service, as expressly and unambiguously set forth in this Agreement. All rights not expressly granted are reserved by Way2Bit.
9. COPYRIGHT INFRINGEMENT CLAIMS
If you are a copyright owner or an agent of a copyright owner and believe that any UGC or content in the Service infringes upon your copyrights, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) to our Copyright Agent at the contact information given below, with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You can reach our Copyright Agent here:
Way2Bit Co. Ltd.
Attn: Copyright Agent
8F., 8, Seongnam-daero
331beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do
Republic of Korea,
13558
contact@astellia-mmo.com
10. YOUR REPRESENTATION TO WAY2BIT
As a material inducement to Way2Bit entering into this Agreement with you, you represent to Way2Bit that: (i) you are over 16 years of age, and not subject to any prohibitions or restrictions that would prevent or inhibit you from entering into legally enforceable agreements; (ii) you are not located in a country that is subject to a U.S. government embargo or has been designated by the U.S. government as a “terrorist nation”; and (iii) you are not listed on any U.S. government list of prohibited or restricted parties.
11. PRIVACY POLICY
In an effort to preserve your privacy, Way2Bit agrees that it will treat any personally identifying information that you submit through the Service in accordance with the terms outlined in its Privacy Policy located at https://www.astellia-mmo.com/privacy-policy. Upon any suspected breach, Way2Bit will contact any affected users to alert them of the breach.
12. THIRD-PARTY CONTENT
Way2Bit may provide hyperlinks within the Service to other websites and services maintained by third parties. These links to third party websites and services are provided for your convenience and information only. The content on any linked website or service is not under Way2Bit's control, and Way2Bit is not responsible for the content of any linked website or service (including any further links contained on those third party websites and services).
IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES OR SERVICES LINKED TO IN THE GAME, YOU DO SO ENTIRELY AT YOUR OWN RISK.
13. DISCLOSURES REQUIRED BY LAW
Way2Bit reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Way2Bit may fully cooperate with any law enforcement authorities or court order requesting or directing Way2Bit to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate this Agreement.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD WAY2BIT HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WAY2BIT DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WAY2BIT OR LAW ENFORCEMENT AUTHORITIES.
14. Governing Law/MEDIATION/JURISDICTION
For EU users, in the event of a dispute relating to the interpretation, the performance or the validity of the Agreement, an amicable solution can be sought before any legal action. You can file your complaint by sending a message via email to csdispute@astellia-mmo.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
The EU ODR is no longer available to those within the UK and any such disputes should be raised to us as soon as possible.
15. MISCELLANEOUS TERMS
15.1. Entire Agreement. This Agreement constitutes the entire agreement between you and Way2Bit and governs the terms and conditions of your use of the Service, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Way2Bit with respect to the Service. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, third party content, or third party software.
15.2. No Waiver. The failure of Way2Bit to exercise or enforce any right or provision of this Agreement does not operate as a waiver of such right or provision. Any waiver of this Agreement by Way2Bit must be in writing and signed by an authorized representative of Way2Bit.
15.3. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
15.4. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
15.5. No Partnership. Nothing contained in the Agreement will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.
15.6. Equitable Remedies. You hereby agree that Way2Bit would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we are entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
For any questions, or to report any violations of this Agreement to Way2Bit, please visit our support page at support.astellia-mmo.com or email us at support@astellia-mmo.com.