Terms of Use
These Terms of Use are an agreement between JC Planet Co., Ltd., including any subsidiary or affiliate (collectively “JC Planet”) and any person (referred to as “you”) who accesses any website or online service operated by JC Planet (collectively “JC Planet services”). You are explicitly agreeing to these Terms of Use when you check “Agree” on any JC Planet service. If you do not agree with any of the Terms of Use then you can choose not to use the JC Planet services (except that the Terms of Use will still apply to any JC Planet services you utilized before your decision to discontinue use). JC Planet reserves the right to change these terms, at any time, with or without providing notice to you. Therefore, you should check these Terms of Use, from time to time, to learn about any changes.
VIOLATION OF TERMS OF USE
JC Planet reserves the right to take any legally acceptable corrective action, in its sole discretion, for any violation of these Terms of Use. The types of corrective action which may be taken by JC Planet will depend on the nature and severity of the violation. Some of the corrective actions are discussed in more detail in other sections of these Terms of Use.
TERMINATION OF RIGHT TO USE JC PLANET SERVICES
JC Planet has the right to refuse to provide services to any person or entity, at any time, for any legally permissible reason, whether or not there has been a breach of the express terms of these Terms of Use.
PRIVACY POLICY
Our Privacy Policy, which is contained in a separate document, is incorporated herein by reference and is considered to be a portion of the Terms of Use to which you have agreed.
SOFTWARE LICENSE, INCLUDING RESTRICTIONS
JC Planet makes certain software, including updates, available for you to download in order to participate in JC Planet services. JC Planet also makes other software, or the interfaces thereto, available for you to use in order to participate in JC Planet services. All such software is the copyrighted property of JC Planet or is licensed by JC Planet from the copyright holder. You are hereby granted a personal, non-exclusive, non-transferable, limited license to use that software only for using JC Planet services, provided by JC Planet, in a manner which is consistent with these Terms of Use. You are authorized to make additional copies only for your personal use, in a manner consistent with this software license, or for backup purposes. You agree that JC Planet is the owner of the software for copyright purposes and for all other intellectual property rights anywhere in the world and you agree that JC Planet retains all rights which such laws grant to the owner. You may not modify or alter the software, you may not create any derivative works from the software and you may not disassemble or use the software to reverse engineer the software.
SOFTWARE WARRANTY
Any software which you obtain from JC Planet is subject only to the express warranties provided in any separate software license agreement. JC PLANET EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWED BY ANY APPLICABLE LAWS, ANY IMPLIED WARRANTIES INCLUDING THE WARRANTIES OF MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE. THIS WARRANTY IS NOT SUBJECT TO MODIFICATION BY COURSE OF DEALING.
OWNERSHIP OF CHARACTERS AND OTHER ASPECTS OF THE JC PLANET SERVICES
All rights and title to the JC Planet Services remains with JC Planet. This INCLUDES, but is not limited to, the portion of the Services which are enjoyed, viewed and sometimes controlled by the User, including, but not limited to, account information, themes, sounds, characters, names of characters, names of objects, artwork, animation, moral rights, dialogue from both users and computer generated characters. For example, and without limitation, this means that JC Planet can prohibit and is not obligated to recognize as valid any sale, trade, barter or other exchange of the right to a Character, or an item, or a User Account.
LIMITATION OF LIABILITIES
JC PLANET, INCLUDING ITS EMPLOYEES, AGENTS AND SHAREHOLDERS, SHALL NOT BE LIABLE IN ANY CIRCUMSTANCES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY FOR DAMAGES, WHETHER TERMED AS INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, COST OF SUBSTITUTE SERVICES, GOODWILL, HARM TO REPUTATION OR ANY OTHER. THIS PROVISION APPLIES TO ANY CLAIM BASED ON THE USE OR PROBLEMS WITH THE USE OR DELAY IN THE USE OR INABILITY TO USE THE JC PLANET SERVICES, EVEN WHERE THE SOLUTION TO THE PROBLEM IS ALLEGED TO HAVE BEEN WITHIN THE CONTROL OF JC PLANET AND EVEN WHERE IT IS ALLEGED THAT JC PLANET KNEW, OR SHOULD HAVE KNOWN, OF THE PROBLEM OR THE POTENTIAL FOR DAMAGES.
It is agreed that this Limitation of Liabilities is an essential part of these Terms of Use. If you are not willing to agree to this Limitation of Liabilities then JC Planet is not willing to provide you with access to the JC Planet services. If you use the services, in any way, then you are accepting this Limitation of Liability. Some jurisdictions may restrict or deny the ability of JC Planet to disclaim warranties and/or damages. In such circumstance, or in any other event where a court, arbitration or other tribunal determines that the Limitation of Liabilities should be disregarded, then you agree that the absolute maximum damages which you may be entitled to receive from JC Planet, including all forms of damages, fines and penalties, is the sum of $100.
INDEMNIFICATION
You agree that you will defend, indemnify and hold JC Planet (including its employees, agents, officers and directors) harmless from and against any lawsuits, claims, fines, penalties, settlement and judgments (including attorney’s fees and costs) which result from your breach of these Terms of Use by you or from any violation of the law by you relating to your use or abuse of the JC Planet services.
WARNING ABOUT POTENTIAL HARMFUL PHYSICAL AND MENTAL EFFECTS
In rare circumstances some people may suffer adverse physical, emotional or mental injury from use of computers and online gaming systems. This can include, but is not limited to, seizures (which can be mild or very serious), nausea and eye strain. Some people also claim that they have become emotionally dependant on gaming. IF YOU EXPERIENCE ANY UNUSUAL MEDICAL SYMPTOMS YOU SHOULD DISCONTINUE USING JC PLANET SERVICES UNTIL YOU HAVE CONSULTED A MEDICAL PROFESSIONAL.
INTERNATIONAL USAGE LIMITATIONS
JC Planet services are accessible, through the internet, on a worldwide basis. However, JC Planet does not warrant or represent that the JC Planet services are fully compliant, or will remain fully compliant, with legal requirements in every geographic location. Usage of the JC Planet services from any geographic location where they are not fully compliant with legal requirements constitutes a violation of these Terms of Service. You are responsible for the payment of any taxes, fines or penalties which are owed to any governmental authority as a result of your usage of the JC Planet services.
NO PROMISE OF EDITING OR MONITORING
JC Planet employees will, from time to time, undertaken to monitor, supervise and handle violations of these Terms of Use and to apply other standards to enhance the enjoyable use of JC Planet services. However, JC Planet does not and cannot ensure that all inappropriate user speech and conduct will be noted, reviewed or dealt with. All users must assume that they will, from time to time, encounter communications or conduct which they might find offensive, annoying or even illegal. You should only use the JC Planet services if you are willing to assume responsibility for any consequences which might result from exposure to such communications and conduct, whether by you or by any person to whom you have provided access to the JC Planet services.
JC PLANET SERVICES POLICIES
These policies are part of the Terms of Use, and are provided in an effort to provide guidance to users of JC Planet services. The policies here will be revised, from time to time, based on circumstances determined by JC Planet. The final interpretation of these policies is in the sole discretion of JC Planet.
1. Definitions of the Terms used in these Service Policies.
- "Services" means the use of the JC Planet website content including, but not limited to, the games and other programs which are linked to the JC Planet websites available through the internet.
- "User Account" shall mean the relationship under which a person or an entity has the right to utilize a User Name to access the JC Planet Services, subject to the right of JC Planet to limit, refuse or terminate such access.
- "User Name" means the combination of English letters and numbers selected by the user and accepted by JC Planet in order to distinguish each user. This term, when used with the initial capital letters, does not refer to the real name of the user.
- "Service Agreement" means the Terms of Use.
- "JCPLANET.COM account information” (also referred to as "account information")" means information identifying a particular User Account including User name, Password, and other information collected during registration.
- "Password" means a combination of characters and numbers chosen by the User for user identification and protection.
- "Game Character" (also referred to as the "character") means the data (including, but not limited to, name, level, experience, weapons, clothing, etc.) which is utilized by the User to participate in online games.
- "Premium Service" refers to the actions and operations related to the purchasing, utilizing money, of certain goods or services that may be used to access a game or within a game.
- "Free Service" and "Standard Service" refers to all JC Planet Services that are not Premium Services.
2. Activating Account Information
A User Account will be effective only if the User agrees to these Terms of Use and provides other information pursuant to which JC Planet elects to activate that User Account.
Each User Name, even if owned by a single User, must separately agree to these Terms of Use.
If the User will be an entity, rather than an individual, the name of the entity must be related to its IP address.
All of the Account Information provided to JC Planet must be true and accurate, except for those items where the User is required to provide fictional information, such as the User Name and the Character name. JC Planet reserves the right to suspend or cancel any User Account which was obtained with false information.
JC Planet has the right to accept or reject any request for a User Account in its sole discretion and such access is always subject to technical availability of necessary systems and information.
3. Premium Services
At the present time there are many JC Planet Services which are available without paying any fees. JC Planet also offers Premium Service which may, from time to time, provide specified additional benefits and options. For example, if a User Account only has pre-level 10 Characters, and there has not been a log-in within 6 months on the User, and the User has not accessed Premium Service, JC Planet reserves the right to terminate such User Account. Also, if there has not been a log-in within 12 months, notwithstanding the level of the Characters, and if the User has not accessed Premium Service, JC Planet reserves the right to terminate such User Account.
Any charges which you incur for Premium Service are non-refundable. You are solely responsible to control access to your Password so as to protect your User Account and any financial transactions.
4. JC Planet Responsibilities
JC Planet will utilize reasonable business efforts to correct errors in the JC Planet Services.
JC Planet will utilize reasonable business efforts to comply with the JC Planet Privacy Policy.
JC Planet will utilize reasonable business efforts to repair or recover from JC Planet system errors in an expeditious manner so as to provide continuous and stable services. Such recovery may require use of backup data which may not include the most recent changes to Characters. As stated in these Terms of Use, JC Planet is not responsible for any loss incurred by Users as a result of such operational issues.
JC Planet intends to offer convenience to the users in the execution of this Service Agreement and in understanding the procedures related to this Service Agreement.
5. User Responsibilities
Users must register with their real name and accurate information. JC Planet shall not be responsible for any losses to the User caused by false information.
Users must notify JC Planet of any changes to the users’ personal information by updating the user account information through the means provided.
Users must safeguard their password and any other non-public Account Information. JC Planet is not responsible to replace, restore, repair, reimburse or otherwise modify any Character based on unauthorized access to a User Account. Therefore, it is solely the responsibility of the User to ensure that the password is unique and secret.
Users shall not attempt to obtain or use the password from any account other than a User Account which is registered to them. Nor shall Users attempt to access the JC Planet Services in any way which is contrary to these Terms of Use.
Users may not access, or attempt to access, the software, database or other information stored on servers operated by JC Planet in any manner whatsoever except in the manner intended by JC Planet.
Users may not utilize any JC Planet Services for the purpose of advertising, promoting or selling any goods or services, whether or not they are related to JC Planet services. This includes, but is not limited to, using in-game communication facilities for such purposes.
Users shall not violate other people's rights by using the JC Planet Services in violation of the public peace and morality. Remember that there are many users with different nationalities, races, religions, ages and other distinctions. Users must try to make all communications, using JC Planet Services, in a manner which will allow all of the other users to enjoy their time utilizing JC Planet Services.
Users shall not utilize the JC Planet Services for the purpose of stalking, annoying, harassing, embarrassing or otherwise annoying any other person or company.
Users shall not utilize the JC PLANET Services, or any other means, to obtain any passwords, to insert any Trojan horse, timebomb, harvester, bot or otherwise, through hardware, software or social engineering, to access the JC PLANET Services, or the property of any user of the JC Planet Services, in any manner which is not intended by JC Planet.
Most of our Users are very nice people who enjoy the JC Planet Services. A few of them require warnings, suspensions or even banning from the JC Planet Services or, in unusual circumstances, even more severe corrective action such as civil or criminal prosecution. We do not believe it is necessary or productive to list every type of misconduct, so we have not done so. However, as noted, JC Planet reserves the right, in its sole discretion, to take any appropriate action to ensure that JC Planet, and the bulk of the JC Planet Users, have a pleasant and fun experience in a manner which supports the business interests of JC Planet.