User Agreement of toivon



PLEASE READ CAREFULLY THIS toivon TERMS OF USER AGREEMENT (HEREINAFTER THE “AGREEMENT”). BY REGISTERING AN ACCOUNT WITH ANY APPLICATION OF toivon CO., LTD. (THE “COMPANY”), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL AGREEMENTS BETWEEN YOU AND THE COMPANY. IF YOU DISAGREE TO ANY OF THESE TERMS, PLEASE DO NOT REGISTER AND EXIT THE APPLICATION.

Welcome to "toivon™" (the "Company"). The company's applications may include two components: (1) the software program along with any accompanying materials or documentation (collectively, the "Application Client"), and (2) the Company’s proprietary online service (the "Service").


Security of Personal Information

You are solely responsible for the security of your personal information. The Company’s chatting system and forums are public and open to all users, DO NOT disclose your personal information, including without limitation account password, name, telephone number, physical address, email address, financial information, social security numbers.

It is prohibited to post personal information of other people without their consent. This includes without limitation email correspondence, contact information, photographs, and financial information.

In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your login Information, you must immediately notify the Company by emailing to piratessupport@toivon.com


License Limitations

You may use the Service solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Application Client the Company provides. You may not use the Service for any other purpose, or in connection with any other software.

You agree that you will not, under any circumstances:

A. exploit the Company's applications or any of their parts, including without limitation the Service, for any commercial purpose, including without limitation (a) for gathering in-game currency, items or resources for sale outside the Game; or (b) performing in-application services in exchange for payment outside the Company's applications;

B. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software, databases or scripts designed to modify the experience with the Company's applications;

C. use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Company's applications or the Service; provided, however, that the Company may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

D. modify or cause to modify any files that are a part of the Application Client or the Service in any way not expressly authorized by the Company;

E. facilitate, create or maintain any unauthorized connection to the Company's applications or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by the Company; or

F. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble toivon, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.


Account

Currently one device is limited to register one account only.

The registration process requires you to register a toivon account including a user name, password and email address (collectively referred to hereunder as "Login Information").

Never give your password to another or allow another to use your password. toivon is not responsible for any harm to your account as a result of a lost or shared password and may be unable to restore your character to its original status.

Any user who accesses any account without authorization is violating another’s private date and will have his/her own account immediately and permanently deleted from the Company's applications.

In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your login Information, you must immediately notify the Company by emailing to piratessupport@toivon.com

No Selling of the Account or Virtual Items

The Company does not recognize the transfer of toivon Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. The Company owns, has licensed, or otherwise has rights to all of the content that appears in the Company's applications. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Company's applications, or any other attributes associated with the Account or stored on the Service. The Company does not recognize any purported transfers of virtual property executed outside of the Company's applications, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Company's applications. Accordingly, you may not sell in-game items or currency for "real" money, or exchange those items or currency for value outside of the Company's applications.

No Ownership Rights in Account

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT AND THAT THE ACCOUNT IS UNDER THE SOLE OWNERSHIP OF THE COMPANY.

Account Suspension/Deletion

THE COMPANY MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Agreement.


Ownership

All rights and title in and to the Service (including without limitation any user accounts, titles, objects, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the Application Client, transcripts of the chat rooms, character profile information, recordings of games played using the Application Client, and the Application Client and server software) are owned by the Company or its licensors. The Company's applications and the Service are protected by United States and international laws, and may contain certain licensed materials in which the Company’s licensors may enforce their rights in the event of any violation of this Agreement.


Code of Conduct

The rules hereunder are maintained and enforced exclusively by the Company to ensure a clean, friendly, and civilized atmosphere in toivon and must be adhered by all users.

Account Usernames and Alliance Names

Each user will select a username. When you choose a username using the Company's applications or the Service, you must abide by the following guidelines as well as the rules of common decency. If the Company finds such a name to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the name and corresponding alliance, and/or suspend or terminate your use of the Service. In particular, you may not use any name:

A. That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;

B. Related to drugs, sex, alcohol, or criminal activity;

C. That violates the rights of any other individual or entity without written authorization from that individual or entity;

D. With an attempt to impersonate another person, including without limitation any other user of the Company's applications, or any of the moderation team or any employee or agent of the Company;

E. That is seen to impersonate any popular culture figure, celebrity, or media personality;

F. Belonging to any religious figure or deity;

G. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not.

"Chat" and Interaction With Other Users

Communicating in-game or through the toivon Forums with other users and the Company representatives, whether by text or any other method, is an integral part of the Company's applications and the Service and is referred to here as "Chat." When engaging in Chat, you may not:

A. Discuss illegal activities. Illegal activities include, but are not limited to illegal drugs, fraud, violence, hacking, software piracy and sexual harassment.

B. Transmit or post any content or language which, in the sole and absolute discretion of the Company, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;

C. Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services available outside of the Company's applications;

D. Repeatedly posting similar messages in a Chat area or sending repeated unsolicited or unwelcome messages to a single user, including without limitation continuous advertisements to sell goods or services;

E. Communicate or post any user's personal information in the Company's applications, the website or forums without the user’s consent;

F. Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Company's applications;

G. Participate in any action that, in the sole and absolute opinion of the Company, results or may result in an authorized user of the Company's applications being "scammed" or defrauded out of gold, resources, or any other items that user has earned through authorized game play in the Company's applications;

H. Impersonate any real person, including without limitation any "Liaison" or any other the Company agent or employee, nor may you communicate in the Company's applications in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any the Company agent or employee.

I. Use or share any account with other people. Please understand you may get in trouble or will be punished because of using other player's account or sharing account.

Game Play

Game play is what toivon games is all about, and the Company strictly enforces the rules that govern game play. The Company considers most conduct to be part of the Game. Nonetheless, certain acts go beyond what is "fair" and are considered serious violations of these Terms of Use. Those acts include, but are not necessarily limited to, the following:

A. Using or exploiting or intentionally concealing errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other users. If you find a bug in the game you are supposed to report it to us as soon as is possible.

B. Acts suspicious of cheating, in the company's sole discretion, in any PVP competition held in any of toivon games.

C. Anything that the Company considers contrary to the "essence" of the Game.

Disciplinary Measures

In the event that a user violates any of the rules, the Company may, in their sole discretion, take disciplinary measures which include a warning, mute, and ban. Once a user is banned, his/her device will be blocked from registering forever, that is, with the device this user can not register nor play the game any more. The Company reserves the right to terminate and delete the account of such user with or without notice.

These rules are not meant to be all-inclusive, and the Company reserves the right to determine which conduct it considers to be inappropriate and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. The Company reserves the right to modify this Code of Conduct at any time.


Changes to the Terms of Use Agreement or the Company's Applications

The Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time. The Company may change, modify, suspend, or discontinue any aspect of its applicationsat any time. The Company may also impose limits on certain features or restrict your access to parts or all of the Company's applications without notice or liability. However material changes (as determined in the Company’s sole and absolute discretion) will be disclosed as follows: the Company will provide you with notification of any such changes by email, website posting, pop-up screen, or in-game notice. Your continued use of the Company's applications following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.


Email Policy

By registering, you agree that you have read and accept our Terms of Use and also consent to receiving emails from toivon regarding password retrieval, account management, and periodic special offers.


Refund Policy

You may terminate this Agreement by terminating the Account and not accessing the Application Client. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of this Agreement.


Disclaimer

THE COMPANY'S APPLICATIONS AND THE SERVICE ARE PROVIDED "AS IS" AND THE COMPANY DOES NOT WARRANT THAT THE APPLICATIONS OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATIONS OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.


Limitation of Liability

NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE COMPANY'S APPLICATIONS OR SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.


Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the Company'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.


Acknowledgments

You hereby acknowledge and agree that:

WHEN RUNNING, THE COMPANY'S APPLICATIONS MAY MONITOR YOUR DEVICE'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH toivon. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE COMPANY'S APPLICATIONS, WOULD CONSTITUTE A VIOLATION OF TERMS OF THIS AGREEMENT. IN THE EVENT THAT THE COMPANY'S APPLICATIONS DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE COMPANY MAY (a) COMMUNICATE INFORMATION BACK TO THE COMPANY, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT OR THE EULA, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
WHEN THE COMPANY'S APPLICATIONS ARE RUNNING, THE COMPANY MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR DEVICE AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE COMPANY'S APPLICATIONS AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT.
THE COMPANY MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE.



 

 

 

Contact Us

Any questions or suggestions, please feel free to contact us:

shopsupport@toivon.com

  

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