Terms of Use and Privacy Policy
These terms of use and our Privacy Policy which is incorporated herein by reference (collectively, “Terms of Use”) govern the relationship between you and Joycrafter. These terms of use and our Privacy Policy which is incorporated herein by reference (collectively, “Terms of Use”) govern the relationship between you and Joycrafter and your use of our mobile/PC/console game known as “World Warfare” or other game titles (“the Game”), including its chat and communications features, our blog, and all other content and related services (including online services) that Joycrafter makes available through the Game or on Joycrafter’s websites, including but not limited to official website of the Game and websites of Joycrafter as specified in Section Contact Us (collectively, the “Game”).
SECTION 14 OF THESE TERMS OF USE CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
1. YOUR ACCEPTANCE OF THESE TERMS OF USE.
These Terms of Use form a legal agreement between you and Joycrafter, its subsidiaries and affiliates including but not limited to JoyCrafter and Wisjoy (collectively, “Joycrafter” or “we” or “us”). When you use the Game, you agree to be bound by all of the terms, conditions and restrictions in these Terms of Use. Please read them carefully.
You acknowledge that you have downloaded the Game via payment or for free, and while there is additional content available for purchase within the Game (“In-App Purchases”), such In-App Purchases are entirely voluntary and not required to participate in or advance within the Game.
2. LIMITED LICENSE, LOGIN INFORMATION AND YOUR ACCOUNT AND ELIGIBILITY.
Limited License Grant
Subject to your agreement and continuing compliance with these Terms of Use and Joycrafter’s policies, Joycrafter grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Game for your own non-commercial entertainment purposes. You agree not to use the Game for any other purpose.
Login Information and Your Account
Within the Game, you may create an account with us by providing a username and/or email address and a password (“Login Information”). We may also allow you to create a Game account through third party social networks or services (such as Facebook) with whom you maintain an account (a “Third Party Service”).
You shall not share your account or your Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, including any purchases, loss of In-App Purchases or other in-Game items, or other changes to your account and/or Game status, whether or not authorized by you. Joycrafter will not be responsible for anything that happens through or to your account and/or Game status as a result of you allowing any third party to access your Login Information and/or account.
Joycrafter reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
Eligibility
There are limitations on who may download and play the Game. You may not download or play the Game if you are under 13 years of age. If we learn that a user under 13 years of age is using the Game despite this restriction, we will immediately delete their account and all personal information we have related to their account.
You also may not use the game if: (i) you cannot enter into a binding contract with us and your legal guardian has not agreed to these Terms of Use on your behalf; (ii) you are a convicted sex offender; or (iii) we have previously banned you from using the Game.
If you are between the ages of 13 and 17, or under the age of majority where you live, you may not use the Game unless your parent or legal guardian has reviewed and agreed to these Terms of Use.
The Game is available for download from mobile/PC/console application platform providers like Google or Apple, each of which may require you to maintain an account with them in order to access and use the Game.
3. MODIFICATION OF TERMS OF USE.
We reserve the right to modify these Terms of Use from time to time by posting updated versions in the Game or otherwise notifying you of changes through the Game. Unless we state otherwise, changes are effective when we post or notify you of them. By continuing to use the Game after the posting of changes to these Terms of Use, you agree to the changes and the updated Terms of Use.
4. NO TRANSFER OF ACCOUNTS OR IN-GAME ITEMS. Your account is for your personal use only. You specifically agree not to: (1) share your account credentials with anyone else, (2) sell, offer to sell, rent, lease, trade or otherwise transfer your account, (3) sell, offer to sell, rent, lease, trade or otherwise transfer any “Diamonds” or other virtual currencies, game resources, in-game services like “speed-ups,” or other in-game items associated with your account (collectively, “In-Game Items”), except by using mechanisms within the Game (e.g., through Gift Mode) that anticipate and specifically allow for the non-commercial transfer of In-Game Items, (4) buy, offer to buy, accept, access or use any other user’s account or In-Game Items, except by using mechanisms within the Game that anticipate and specifically allow for the non-commercial transfer of In-Game Items, and (5) link to or otherwise endorse or identify any websites, organizations, or persons that sell, offer to sell, rent, lease, buy, offer to buy, accept, access, trade or otherwise transfer accounts or In-Game Items.
You acknowledge that any purported transfers of Game accounts or In-Game Items in violation of this Section, including but not limited to transfers in exchange for money or other compensation, are void and breach these Terms of Use, and that we have no responsibility to assist you in connection with completing any such transaction. We may terminate or suspend your account and/or your right to access or use the Game if we discover or reasonably believe that you have attempted to buy, sell, rent, lease, license, or transfer your Game account or associated In-Game Items, or used or accessed an account or In-Game Items transferred by another user, or linked to or otherwise endorsed or identified any websites, organizations, or persons that attempt to buy, sell, rent, lease, license, or transfer accounts or In-Game Items in violation of this Section.
5. INTELLECTUAL PROPERTY RIGHTS IN THE GAME.
Except for the limited license granted herein, we and our licensors retain all right, title and interest in and to the Game, including all content made available through the Game and the technology and software used to provide the Game. The Game is protected by copyright, trademark and other laws. If you violate these Terms of Use, you may be breaking the law, including by violating our intellectual property rights. We and our licensors may actively protect our intellectual property rights in the event you violate these Terms of Use. In addition, you agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
If you provide us with any suggestions for enhancement or feedback regarding the Game or any of our other products or services, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including by incorporating your suggestions or feedback in the Game, without any obligation to compensate you.
6. CODE OF CONDUCT.You agree to comply with the following requirements (our "Code of Conduct") when you use the GameYou will comply with your obligations to third party mobile/PC/console platform providers, such as Apple and Google, from whom you download the Game, including any terms regarding payment for In-App Purchases made through such platforms.
Failure to comply with this Code of Conduct may result in the suspension of your account, or any portion of your account, and/or subject you to any of the penalties identified in Section 11 herein.
7. YOUR INTERACTIONS WITH OTHER USERS.
You are solely responsible for your interactions with other players with whom you interact through the Game. Joycrafter reserves the right, but has no obligation, to become involved in any way with any disputes concerning the Game. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including without limitation granting Joycrafter access to any portion of your account.
If you have a dispute with one or more users, or any other interaction you believe may give rise to any claim, you release Joycrafter (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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.
If you live in California, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."
If you live outside of California, you waive any other statute, law, or rule of similar effect in your jurisdiction.
8. USER CONTENT.
The Game includes features by which users can submit or upload content to the Game, including without limitation chat and messaging utilities and the ability to select profile names and names for certain In-Game Items (collectively, “User Content”). If you create a Game account via a Third Party Service or otherwise “link” content associated with your Third Party Service account to your account for the Game, your User Content includes any information or content provided to us by that Third Party Service. You represent that you have all rights and permissions necessary to submit User Content to us (including, with respect to photographs, written consent from each identifiable person therein), that your User Content is accurate, and that your User Content is not subject to any confidentiality obligations or in violation of the Code of Conduct. In addition, you represent and warrant that any User Content submitted by you does not violate or infringe upon any copyright, right of privacy, trademark, patent, trade-name, performing right or any literary, dramatic, musical, athletic, personal, private, civil, contract, or property right or any other right of any person, firm, or corporation, or contain any libelous or slanderous material.
You retain all right, title and interest to your User Content, except that you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use your User Content and any modifications thereto in connection with the Game without compensation to you. To the extent permitted by applicable law, you waive any moral rights you may have in your User Content (such as the right to be identified as the author).
We do not endorse any User Content supplied by other users; each user is responsible for his or her User Content, and we expressly disclaim any warranty with respect to User Content. We have no obligation to monitor User Content, and we are not responsible for monitoring the Game for inappropriate or illegal communications by other users. However, we reserve the right to block, remove or edit User Content. We may, in our discretion, choose to monitor or record your interaction with the Game or with other users when you are using the Game. You acknowledge and agree that you have no expectation of privacy in any User Content.
9. INFORMATION COLLECTION AND USE; PRIVACY POLICY.
In addition to User Content, Joycrafter collects (i) information, content or other material that you provide to us or is otherwise transmitted in or through the Game or which is generated, acquired or developed when you download, install, and/or use the Game or anytime you are in contact with us and (ii) information you receive or which is transmitted to or otherwise made available to you from other users of the Game or third parties in the Game (collectively, “Service Information”). We use the Service Information in many ways, including but not limited to, to help us provide and support the Game and our services. For example, we may use the Service Information to deliver and target advertising and generate information about the reach and effectiveness of advertising through various measurements and analytics (without providing personally identifiable information about you).
Our Privacy Policy sets out detailed information regarding our collection, use and sharing of information from and about you. When you download or use the Game, you acknowledge and accept that the Privacy Policy applies to you. You should carefully review the Privacy Policy and, if you do not agree with it, you should not use the Game.
10. IN-GAME ITEMS; PAYMENTS; OWNERSHIP.
The Game allows you to “earn” In-Game Items. You may also use real money to purchase a license to use certain In-Game Items. Purchased In-Game Items are subject to the payment terms and conditions of the mobile/PC/console platform (e.g., Apple’s iOS, Google’s Android OS, and Amazon’s Fire OS) from which you make your purchase. Joycrafter does not control or manage the payment process; please review the relevant terms and conditions with the applicable platform provider before making any In-App Purchases. When you purchase a license to use In-Game Items, you agree that we may begin to supply you with your purchased In-Game Items immediately.
You agree that you have no ownership interest in your Game account or any In-Game Items associated with your account, regardless of whether you “earned” or “purchased” such In-Game Items. You agree that In-Game Items, including “Diamonds,” “Amethyst,” “Gold,” and any other virtual currencies within the Game are for personal non-commercial entertainment purposes, have no independent value outside of the Game, may not be redeemed for any cash value, and is simply a measurement of your limited license.
ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY MOBILE/PC/CONSOLE PLATFORM PROVIDER IS REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-GAME ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. IN THE EVENT THAT YOU DO NOT RECEIVE AN IN-GAME ITEM THAT YOU PROPERLY PURCHASED THROUGH A PLATFORM PROVIDER, YOU MAY REQUEST A REFUND DIRECTLY FROM THAT PLATFORM PROVIDER SUBJECT TO THEIR REFUND POLICY.
11. TERMINATION AND SUSPENSION.
We reserve the right to suspend or discontinue the Game or any part of it at any time, including any features, game elements and In-Game Items and revoke any and all licenses provided to you under these Terms of Use. If that happens, we are not required to provide refunds, benefits or other compensation to you for discontinued elements of the Game or for any In-Game Items previously earned or purchased, and you will have no further right to access your account or use the Game. WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE GAME OR ANY PORTION OF IT, AND PROHIBIT ACCESS TO THE GAME AND THE CONTENT, SERVICES AND TOOLS AVAILABLE THROUGH THE GAME, OR DELAY OR REMOVE USER CONTENT, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS.
Upon termination of your account for any reason, you agree to no longer access (or attempt to access) the Game.
12. DISCLAIMER; LIMITATION OF LIABILITY.
THE GAME IS PROVIDED "AS IS," AND USE OF THE GAME IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE GAME OR ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH THE GAME, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. Joycrafter DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR OUR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
REFERENCE TO, OR DEPICTION OF, ANY WEAPON, UNIT, OR OTHER ITEMS IN THIS GAME DOES NOT INDICATE AFFILIATION, SPONSORSHIP, OR ENDORSEMENT BY ANY MANUFACTURER. ALL TRADEMARKS RELATING TO ANY WEAPONS, GEAR OR OTHER ITEMS IN THIS GAME ARE THE EXCLUSIVE PROPERTY OF THEIR RESPECTIVE OWNERS.
YOU ACKNOWLEDGE THAT, EXCEPT IN THE CASE OF WILLFUL ACTS OR GROSS NEGLIGENCE, WE WILL NOT BE LIABLE TO YOU FOR: (1) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) AN AMOUNT IN EXCESS OF $100 OR THE AMOUNTS YOU HAVE PAID US FOR THE GAME DURING THE 6 MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY, WHICHEVER IS GREATER; OR (3) THE CONDUCT OF THIRD PARTIES, INCLUDING THIRD PARTY SITES OR MOBILE/PC/CONSOLE PLATFORM PROVIDERS OR OTHER PLAYERS OF THE GAME. Certain state and national laws do not allow some of the exclusion of liability or the warranty disclaimers set forth above. Therefore, the above limitations and disclaimers may not apply to you, and you may have additional rights.
13. INDEMNITY.
If you misuse the Game, violate the law, or violate these Terms of Use, and your violation results in loss or damage or a claim or liability against us, you agree to indemnify, defend and hold us harmless from (which means you agree to compensate us for) that loss, damage, claim or liability, including our legal fees and expenses. We may take exclusive charge of the defense of any legal action for which you are required to indemnify us under this section, at your expense. You agree to cooperate in our defense of these actions. We will use reasonable efforts to notify you of any claim for which you are obligated to indemnify us. This section will apply even if you stop using the Game or your account is deleted.
14. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CLAIM ON BEHALF OF OTHERS.
This Section 14 (i.e., the “Agreement to Arbitrate”) applies to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of provisions of this Section 14 notwithstanding Section 15 below, those prohibited provisions will not apply to you.
Most user concerns can be resolved by contacting our customer support team or in-game PM or via customer service email indicated in this Terms of Use. In the unlikely event that we are unable to resolve your concerns and a dispute remains, this Section explains how you and we agree to resolve it. As explained in more detail below, we each agree to resolve any dispute between us through binding arbitration instead of in courts of general jurisdiction.
Governing Law and Dispute Resolution
This policy shall be interpreted and governed by the law of the People’s Republic of China. Dispute in any form between you and Joycrafter shall be settled through discussions. Where it fails, either party has the right to submit the dispute to China International Economic and Trade Arbitration Commission (ww.cietac.org) for arbitration in Beijing in accordance with its arbitration rules effective then
Agreement to Arbitrate;
If we cannot resolve our dispute through customer support, YOU AND WE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION, INCLUDING CLAIMS CONCERNING ANY ASPECT OF THE RELATIONSHIP BETWEEN US, YOUR DECISION TO DOWNLOAD THE GAME, YOUR USE OF THE GAME, ANY USER CONTENT, OR YOUR ACCOUNT. This Agreement to Arbitrate is intended to be interpreted broadly, and applies to all legal claims under any legal theory (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), and applies to any disputes or claims that you assert or that arise even after you stop using or delete your account for the Game, stop using the Game, or delete the Game application from your mobile/PC/console device. This Agreement to Arbitrate also applies to any claims that are currently the subject of a purported class action litigation in which you are not a member of a certified class. If you and we have a dispute about whether this Agreement to Arbitrate can be enforced or applies to our dispute, you and we agree that the arbitrator will decide that issue as well.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND WE ARE GIVING UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
Class Action Waiver
For disputes arising between Joycrafter and you, or any other user, that are subject to this Agreement to Arbitrate, you and we agree that we can only bring a claim against each other on an individual basis. NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONCE PERSON’S CLAIM INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING. THE ARBITRATOR’S DECISION OR AWARD IN ONE PERSON’S CASE CAN ONLY AFFECT THE PERSON WHO BROUGHT THE CLAIM, NOT OTHER USERS OF THE GAME, AND CANNOT BE USED TO DECIDE DISPUTES WITH OTHERS.
If a court decides that this “Class Action Waiver” subsection is not enforceable or is invalid, then Section 14 shall cease to have effect, however, the remaining portions of the Terms and Conditions will remain in full force and effect.
15. APPLICABLE LAW.
You agree that these Terms of Use shall be deemed to have been made and executed in the People’s Republic of China. and that any dispute arising under the Terms of Use, as well as any other dispute or claim that may arise between you and us, shall be governed by and resolved in accordance with the laws of People’s Republic of China, without regard to conflict of law provisions or principles.
16. THIRD PARTY PROMOTIONS AND LINKS.
The Game may contain advertisements and other promotional content from third parties, including links to third party websites or vendors (collectively "Third Party Promotions "), some of which may invite you to participate in promotional offers in return for receiving optional services and/or In-Game Items. Some of these Third Party Promotions may charge separate fees, which are not included in any fees that you may pay to us. Any separate charges or obligations you incur in your dealings with such third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services contained in such Third Party Promotions and will not be liable for any claim relating thereto. We exercise no control over Third Party Promotions, and Joycrafter has no responsibility for their content, goods, services, performance, operation, availability, business practices or policies. We are providing these Third Party Promotions to you only as a convenience, and we do not imply any endorsement or recommendation of their content, goods, or services. If you decide to access any of these Third Party Promotions, you do so entirely at your own risk. Third Party Promotions including third party websites are subject to their own terms and policies, including privacy and data gathering practices.
17. OWNERSHIP; TRADEMARKS AND COPYRIGHTS.
All rights, title and interest in and to the Game (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, and recordings of games) are owned by Joycrafter. Joycrafter reserves all rights, including without limitation all intellectual property rights or other proprietary rights in connection with the Game.
The trademarks “Joycrafter” and that of the Game and logos associated with each of the foregoing, are trademarks of Joycrafter, and all trademarks, logos and service marks (collectively, "Marks") displayed on or in the Game are either our property or the property of third parties. Similarly, all artwork and other protectable expression in the Game are either our property or the property of third parties and protected by Copyright law. Marks, artwork, images, music, and any other protectable expression may not be copied, imitated or used without written permission from the owner.
18. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA“) NOTICE.
Joycrafter responds to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When Joycrafter receives a valid DMCA notification, it may expeditiously take down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content, including by forwarding them a copy of the Notice and the name and email address of the person submitting the Notice, so that a Counter Notice may be filed. On receiving a valid Counter Notice, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that content is infringing your copyright. We recommend contacting an attorney if you are unsure whether your content is protected by copyright law or whether content is infringing on your copyright.
To Submit a Notice:
If you believe that in-Game content infringes on your copyright, you must submit a written notification to Joycrafter either by email or written letter (regular mail or courier). The Notice must include the following:
1. An identification of the copyright you claim has been infringed (i.e., your copyrighted material);
2. A description of the nature and exact location of the content you claim infringes your copyright;
3. Your name, address, telephone number, and email address;
4. Statements by you that: (a) you have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law; and that (b) you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
5. A physical signature of the copyright owner or a person authorized to act on their behalf. To satisfy the signature requirement, please designate electronic signatures by typing a forward slash before and after your name (e.g., /Jane Doe/).
Send the written Notice to the designated Copyright Agent at Joycrafter via the email address in Section Contact Us.
19. MISCELLANEOUS.
Except as otherwise expressly set forth in these Terms of Use, in the event that any provision of these Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms of Use shall remain in full force and effect. These Terms of Use constitute and contain the entire agreement between you and us with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Use.
If we provide a translated version of these Terms of Use or any other terms or policy incorporated or referenced in these Terms of Use, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will be the one that applies.
If we do not enforce a provision of these Terms of Use, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms of Use, that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding.
Joycrafter is subject to existing laws and legal process, and we may comply with law enforcement or regulatory requests or requirements notwithstanding any term to the contrary in these Terms of Use.
We may notify you via postings on our official site or via email or via any other contact information you provide to us. All notices given by you or required from you under these Terms of Use or the Joycrafter Privacy Policy shall be in writing via customer service or the email in Section Contact Us. Any notices that you provide that do not comply with these requirements shall have no legal effect.
Joycrafter shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Joycrafter, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Joycrafter’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
For Australia and New Zealand Users Only:
Upon termination of your account, Joycrafter will take all reasonable steps to destroy or de-identify your personal information. You acknowledge that some information about you may be retained where required by law or for data backup purposes.
For European Union Users Only:
If you reside in the European Union, you acknowledge that you will no longer have the right to cancel under the EU's Consumer Rights Directive (or implementing legislation in the country where you are located) once we start to supply you with the In-Game Item.
20. CONTACT INFORMATION.
This website and the Game are provided and operated by Joycrafter.
If you have any questions, comments or concerns regarding our Terms of Use and Privacy Policy and/or practices, please send an email to the address in Section Contact Us below.
Privacy Policy
INTRODUCTION
Joycrafter develops and publishes social games for mobile/PC/Console devices (the "Service"). In this policy, "Joycrafter" refers to Joycrafter ENTERTAINMENT CO LTD. and its Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. We may also refer to Joycrafter as "We" or "Us".
This Privacy Policy describes:
The information We collect, how we do so and the purposes of our collection
How We use and with whom We share such information
How you can access and update such information
The choices you can make about how We collect, use and share your information
How We protect the information We store about you
If you have questions regarding this Privacy Policy or our collection and use of information, please contact us as described in the Section "Contact Us".
INFORMATION WE COLLECT
When you use any Joycrafter game, also referred to as an "application" or "app", you get access to its online community within that game and you allow Joycrafter to access certain information from your profile for that application. The information you allow Joycrafter to access varies by application, and it is affected by the privacy settings you and your friends establish in that application. You can control and find out more about these settings within the application. For example, Joycrafter may access and store some or all of the following information, as allowed by you and your preferences:
- Your in-game username
- Your registered email address
- Your devices model
- Your device's MAC address
- Facebook User ID
- Facebook Fan Status
- Your physical location and that of your access devices
- Other information necessary and allowed by you to run the Game or for us to provide services for you
INFORMATION WE COLLECT FROM YOU DIRECTLY
When you interact with the application, at official website of the Game, or any Joycrafter-owned website, We may collect and store information from you directly as described below:
REGISTRATION INFORMATION
We may allow you to "register" with Us by using Facebook Connect or other Application authentication options to create an account or profile within the Service. We may also provide a more typical registration flow where you may be required to provide the following information: your e-mail address; a password and other information that helps Us confirm that it is you accessing your account.
We may also offer you the option to complete a user profile that is visible to other Joycrafter users. Your user profile may include: a profile image; one or more game username(s); and a Joycrafter user ID number that is created by Joycrafter and used to identify your profile.
INFORMATION WE RECEIVE OR COLLECT WHEN YOU ACCESS JOYCRAFTER GAMES ON A MOBILE/PC/CONSOLE DEVICE
If you play Joycrafter games on your mobile telephone or other mobile/PC/console device, including iPads and tablets, we collect mobile/PC/console device identifiers, including MAC Address, and possibly IP Address. In certain games we will create and assign to your device an identifier that is similar to an account number. We may collect the name you have associated with your device, device type, telephone number, country, and any other information you choose to provide, such as user name, character name, geo-location or e-mail address. We may also access your contacts to enable you to invite friends to join you in the Service.
PAYMENT INFORMATION
Joycrafter may also receive the billing and payment information that you provide when your purchase is processed by another party, such as Facebook (for Facebook Credits), Apple (for purchases on iOS devices), Google (for purchases on Android devices), or Amazon (for purchases on Kindle devices).
CUSTOMER SUPPORT CORRESPONDENCE
When you ask for assistance from our Customer Support team, we will collect and store the contact information you provide (generally your name and e-mail address), information about your game play or activity on the Service, and your username or ID number. We will also store the correspondence and any information contained within.
PUSH NOTIFICATIONS & LOCAL NOTIFICATIONS
With your consent we may send push notifications to your mobile/PC/console device to provide game updates and other relevant messages. You can manage push notifications from the Social section within the relevant game.
TECHNICAL AND USAGE INFORMATION
When you access our websites or play our games, We collect (i) certain technical information about your mobile/PC/console device or computer system, including MAC Address, IP Address and mobile/PC/console device ID; and (ii) usage statistics about your interactions with the Service. This information is typically collected through the use of server log files or web log files ("Log Files"), mobile/PC/console device software development kits and tracking technologies like browser cookies to collect and analyze certain types of technical information. Some of the cookies the Service places on your computer are linked to your user ID number(s). For more information on how We utilize cookies and other tracking technologies please review the "Cookies and Automated Information Collection" discussion under ("How We Collect Information about You").
HOW WE COLLECT INFORMATION ABOUT YOU
We may collect information about you in any one or more of the following ways:
INFORMATION ABOUT PLAYERS AND PLAY
To provide a richer game play and social experience, We collect information about your play and interaction with other players. The bulk of this information is collected and stored through the use of Log Files, which are files on our web servers that record actions taken on our games and websites.
COMMUNICATIONS FEATURES
You may be able to take part in certain activities on our websites or games that give you the opportunity to communicate or share information not just with Joycrafter, but also with other users of our Service. These include:
- Participating in player forums and message boards
- Posting public comments to other users' profiles or gameboards
- Sending private messages or invitations to other users, either directly on our websites or to their e-mail accounts
- Chat with other users
- Posting web links
- We may record and store archives of these communications on Joycrafter's servers to protect the safety and well being of our users and Joycrafter's rights and property in connection with the service. You acknowledge and consent to the recording and storage of such communications for these purposes.
COOKIES AND AUTOMATED INFORMATION COLLECTION
When you access the Service, We collect certain technical information in order to (i) analyze the usage of our sites and services; (ii) provide a more personalized experience; and (iii) manage advertising. We and service providers acting on our behalf, such as Google Analytics, use Log Files and tracking technologies to collect and analyze certain types of technical information, including cookies, IP addresses, device type, device identifiers, browser types, browser language, referring and exit pages, and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, game state and the date and time of activity on our websites or games, and other similar information. In some cases, We will associate this information with your user ID number for our internal use.
We may also employ other technologies including (i) web beacons, which allow Us to know if a certain page was visited or whether an e-mail was opened; (ii) tracking pixels, which allow Us to advertise more efficiently by excluding our current users from certain promotional messages, identifying the source of a new installation or delivering ads to you on other websites; and (iii) local shared objects also known as flash cookies, which help Us to prevent fraud, remember your in-game preferences and speed up load times.
You can set your web browser to warn you about attempts to place cookies on your computer or limit the type of cookies you allow. Flash cookies operate differently than browser cookies and cookie management tools available in a web browser may not remove flash cookies. To learn more about and manage flash cookies you can visit adobe.com and make changes at the privacy settings panel. If you disable cookies, you may lose some of the features and functionality of playing our games, as Joycrafter cookies are necessary to track and enhance your game activities. Please note that companies delivering advertisements in our games or on our websites may also use cookies or other technologies, and those practices are subject to their own policies.
OTHER SOURCES
We may collect or receive information from other sources including (i) other Joycrafter users who choose to upload their email contacts; and (ii) third party information providers. This information will be used to supplement your profile - primarily to help you and your friends connect. It will be combined with other information We collect.
HOW WE USE THE INFORMATION WE COLLECT
In general, We collect, store and use your information to provide you with a safe, smooth, efficient, fun, and customized experience. For example, We may use information collected from you in any one or more of the following ways:
- To create your game accounts and allow play of our games
- To identify and suggest connections with other Joycrafter users
- To enable user-to-user communications
- To provide technical support and respond to user inquiries
- To prevent fraud or potentially illegal activities, and enforce our Terms of Service
- To deliver and target advertising
- To notify users of in-game updates
- To provide in-game leader boards and promote in-game player achievements
- To solicit input and feedback to improve Joycrafter products and services and customize your user experience
- To inform users about new products or promotional offers
- To engage in commonly accepted practices, such as contacting you at the email address We have on file if you are a potential winner in a sweepstakes
One important use of your information is communication. If you have provided your e-mail address to Joycrafter, We'll use it to respond to (i) customer support inquiries, and (ii) keep you informed of your in-game activity, including comments from friends, notifications about in-game status and requests. Some messages, such as invites for friends to join you in a game, may include your name and profile photo. We may also send promotional e-mail messages and promotional messages ("Promotional Communications") directly or in partnership with parties other than Joycrafter. Each Promotional Communication will generally offer recipients choices about receiving additional messages.
SHARING OF YOUR INFORMATION
We will share your information (in some cases personal information) with third parties, that is parties other than Joycrafter, in the following circumstances:
THIRD PARTY SERVICE PROVIDERS
We will provide your information to third party companies to perform services on our behalf, including payment processing, data analysis, e-mail delivery, hosting services, customer service and to assist Us in our marketing efforts. We direct all such third party service providers to maintain the confidentiality of the information disclosed to them and to not use your information for any purpose other than to provide services on Joycrafter's behalf.
TalkingData Analysis Service
TalkingData provides data statistics analysis service for mobile application through integration of TalkingData data SDK and API in application. Our games will collect and transfer relevant data through technical means, and this service will help analyze these data to learn the performance and user's usage situation of our games on different terminal equipment, platform or application distribution channel. Users' data usually include but not limited to, SDK or API version, platform, time stamp, application mark, application version, application distribution channel, iOS IDFV, iOS IDFA, Android advertiser mark, equipment model, terminal manufacturer, terminal equipment OS version, conversion start/end time, language residence, mobile network/country code, time zone and network situation (WiFi and so on),hardware, CPU and battery usage situation and so on. In accordance with our games type and our requirement on statistical analysis, users' data may also include: user's gender, age, location, equipment information, OS, operator, promotion channel, trigger event, mistake report and volume of page view and so on. For the purpose of analysis service, TalkingData analysis service will send above data to TalkingData server through our games, and display in convergent data and analysis report.
ADVERTISING OF THIRD PARTY PRODUCTS AND SERVICES
We do not actively share personal information with third party advertisers for their direct marketing purposes unless you give Us your consent. We may share (i) aggregated information (information about you and other users collectively, but not specifically identifiable to you); (ii) anonymous information; and (iii) certain technical information (including IP Addresses, MAC Addresses for mobile/PC/console devices and device IDs) to develop and deliver targeted advertising in the Service and on the websites of third parties. We may also allow advertisers to collect these types of information within the Service and they may share it with Us. Advertisers may collect this information through the use of tracking technologies like browser cookies and web beacons. The information collected may be used to offer you targeted ad-selection and delivery in order to personalize your user experience by ensuring that advertisements for products and services you see will appeal to you, a practice known as behavioral advertising, and to undertake web analytics (i.e. to analyze traffic and other end user activity to improve your experience). To learn more about behavioral advertising or to opt-out of this type of advertising for participating ad networks, you can visit the Network Advertising Initiative or the Digital Advertising Alliance.
Our collection, use, and disclosure of anonymous or aggregated information are not subject to any of the restrictions in this Privacy Policy.
OFFER WALLS
Joycrafter games or their purchase pages may display an "offer wall" that is hosted by an offer wall provider. The offer wall allows third party advertisers to provide virtual currency to users in exchange for interacting with an advertisement or for completing a marketing offer that may include signing up for an account with one of those advertisers. These are not offers made by Joycrafter. These offers may be displayed to you based on certain technical information, such as your geographic area or anonymous demographic information. After clicking on one of these advertisements, you will no longer be on a site hosted by Joycrafter or a partnering social network. To properly credit user accounts and to prevent fraud, a unique identifier, in some cases your user ID number, will be shared with the offer wall provider.
SAFETY, SECURITY AND COMPLIANCE WITH LAW
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations; (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Joycrafter.
SALE OR MERGER
In the event that Joycrafter undergoes a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, We may transfer all of your information, including personal information, to the successor organization in such transition. If material changes to Joycrafter's privacy practices will occur as a result of the business transition, We will notify you and other users (in the manner described in Changes to Our Privacy Policy below) of the business transition prior to transferring your personal information.
OUR POLICIES CONCERNING CHILDREN
Our websites and games are not intended for children under the age of 13 and We do not knowingly collect any personal information from such children. Children under the age of 13 should not use our websites or games at any time. In the event that We learn that We have inadvertently gathered personal information from children under the age of 13, We will take reasonable measures to promptly erase such information from our records.
HOW TO ACCESS AND UPDATE YOUR INFORMATION
INFORMATION WE RECEIVE FROM AN SNS WHERE YOU PLAY OUR GAMES
To manage the information Joycrafter receives about you from an SNS where you play our games, you will need to follow the instructions at that site for updating your information and changing your privacy settings. The privacy management tools for applications on Facebook can be found here. The privacy management tools for Google + can be found here. You can manage certain aspects of information collection and use by going to the settings of your (mobile/PC/console) device and reviewing the permissions of each application.
Once Joycrafter receives your information from an SNS, that information is stored and used by Joycrafter in accordance with this Privacy Policy, and you may access and update that information as described below. Game or other accounts created with Joycrafter are considered active until We receive a user request to delete them or deactivate them.
OTHER METHODS OF ACCESSING AND CONTROLLING YOUR INFORMATION
If you no longer want Joycrafter to make active use of your information, you may send an e-mail to designated address in Section Contact Us. Place "Delete My Account" in the subject line and include your first name, last name, e-mail address and user ID number from which you access our games (if applicable) in the body of the e-mail. We will respond to your request within thirty (30) days. Please note that certain records, for example those pertaining to payments or customer service matters, will be retained for legal and accounting purposes. If you have sent or posted content on the Service, We may not be able to delete it.
- If you wish to review or change the information Joycrafter has about you, e-mail Us at the address provided herein.
- You can turn off push notifications and local notifications by visiting the "notifications" page within the relevant game.
- You can stop further use of your geo-location by visiting your device's settings for the relevant application or the "settings" page for the relevant game.
If you have additional questions about this Privacy Policy, contact Us via email address in Contact Us
YOUR SHARING AND MESSAGING OPTIONS
Information We Receive from Third Party SNS Where You play a Joycrafter Game If you play our games at a third-party SNS, Joycrafter will be able to access and store profile and other information about you as described above. The categories of information you share with Us will depend, in part, on the permissions you grant Us and the privacy settings you have established at the SNS where you access the application. Joycrafter does not offer an "opt out" option for specific fields that are shared by the SNS where you access and play the game(s).
OPTING OUT OF PUSH COMMUNICATIONS
When you install our apps on your mobile/PC/console device you can choose to receive push notifications. You can turn off push notifications by visiting the "options" or "settings" page within the relevant game. You may also receive local notifications. You can turn off local notifications by visiting the "options" or "settings" page within the relevant game.
PRIVACY POLICIES OF LINKED SITES AND ADVERTISERS
Our websites and games may contain advertisements from companies other than Joycrafter that may link to their own websites. We are not responsible for the privacy practices or the content of such websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly.
SECURITY OF YOUR INFORMATION
Joycrafter implements reasonable security measures to protect the security of your information both online and offline, and We are committed to the protection of customer information.
While We take reasonable precautions against possible security breaches of our websites and our customer databases and records, no website or Internet transmission is completely secure, and We cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information safe (including your account password), and to log out of your account after use. If your account is hacked, this may lead to unauthorized play of your Joycrafter games, so be careful to keep your account information secure. If you have questions about the security of our websites, please contact us via email address in Section Contact Us
Unfortunately, the transmission of information over the Internet is not completely secure. Although We strive to protect your personal data, We cannot guarantee the security of your data while it is being transmitted to our site; any transmission is at your own risk. Once We have received your information, We have procedures and security features in place to try to prevent unauthorized access.
CHANGES TO OUR PRIVACY POLICY
If We decide to make material changes to our Privacy Policy, We will notify you and other users by placing a notice on worldwarfare.com or by sending you a notice to the e-mail address We have on file for you. We may supplement this process by placing notices in our games and on other Joycrafter websites. You should periodically check the Terms of Use and Privacy Policy page as described in Contact Us Section Below.
ACCESS THE PERSONAL DATA WE HOLD ABOUT YOU
If you request, we will provide you a copy of your personal data in an electronic format.
You also have the right to have your data deleted. We will respond to all requests within a reasonable timeframe. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any information.
YOUR CALIFORNIA PRIVACY RIGHTS
We do not share personal information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by "opting in" to receive information from a third party that is participating in a sweepstakes or other promotion on one of our sites. If you do ask Us to share your personal information with a third party for its marketing purposes, We will only share information in connection with that specific promotion, as We do not share information with any third party (other than our service providers) on a continual basis. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt in to such use when you provide personal information on one of our sites.
RIGHT TO ACCESS
Users in certain jurisdictions have a right to access personal information held about themselves. Your right of access can be exercised in accordance with applicable law. Please submit any requests for access to your personal data in writing to the email in Section Contact Us.
CONTACT US
This website and the Game are provided and operated by Joycrafter.
If you have any questions, comments or concerns regarding our Terms of Use and Privacy Policy and/or practices, please send an email to: info#joycrafter.com (# equals @)
For more info, please visit: http://www.joycrafter.com/TermsOfUseAndPrivacyPolicy.html
Official Website of the Game: http://www.worldwarfare.com/
Official Website of Joycrafter: http://www.joycrafter.com/