Effective Date: September 12, 2016
The terms of this agreement (��Terms of Service��) govern the
relationship between you and Flying Pan Co. Ltd. and its affiliates
(hereinafter ��Flying Pan�� or ��Us�� or ��We��) regarding your use of
Flying Pan��s games, websites and related services (the ��Service��).
Use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference.
Before accessing or using the Service, including browsing any Flying
Pan website or accessing a game, you must agree to these Terms of
Service and the Privacy Policy. You may also be required to register
an account on the Service (an ��Account��). By registering for an
Account or otherwise using the Service, you represent that you are age
13 or older and you understand and agree to these Terms of Service. If
you are between the ages of 13 and 17, you represent that your legal
guardian has reviewed and agreed to these Terms. If you access the
Service from a Social Networking Site (��SNS��), such as Facebook or
Google+, you shall comply with its terms of service/use as well as
these Terms of Service.
By installing, using or otherwise accessing the service, you agree to
these terms of service. If you do not agree to these terms of service,
please don't install, use or otherwise access the service. Use of the
Service is void where prohibited.
Flying Pan reserves the right, at its discretion, to change, modify,
add or remove portions of these Terms of Service and its Privacy
Policy at any time by posting the amended terms on the Flying Pan
Service. You will be deemed to have accepted such changes by
continuing to use the Service. If at any point you do not agree to any
portion of the then-current version of our Terms of Service, the
Flying Pan Privacy Policy, or any other Flying Pan policy, rules or
codes of conduct relating to your use of the Service, your license to
use the Service shall immediately terminate, and you must immediately
stop using the Service.
1. Licence
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms
of Service and any other relevant policies, Flying Pan grants you a
non-exclusive, non-transferable, non-sublicensable, revocable limited
license subject to the limitations below to access and use the Service
for your own non-commercial entertainment purposes. You agree not to
use the Service for any other purpose.
The following restrictions apply to the use of the Service:
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You shall not sell, rent or give away your Account, create an Account
using a false identity or information, or on behalf of someone other
than yourself; You shall not use the Service if you have previously
been removed by Flying Pan, or previously been banned from playing any
our game;.
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You shall use your Account only for non-commercial purposes; You
shall not use the Service to advertise, or solicit, or transmit any
commercial advertisements, including chain letters, junk or spam
e-mail or repetitive messages to anyone;
Login information and Your Account
During the Account creation process, you will be required to select a
password (��Login Information��). You shall not share the Account or
the Login Information, nor let anyone else access your Account or do
anything else that might jeopardize the security of your Account. In
the event you become aware of or reasonably suspect any breach of
security, including without limitation any loss, theft, or
unauthorized disclosure of the Login Information, you must immediately
notify Flying Pan and modify your Login Information. You are solely
responsible for maintaining the confidentiality of the Login
Information, and you will be responsible for all uses of the Login
Information, including purchases, whether or not authorized by you.
You are responsible for anything that happens through your
Account.
Flying Pan 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.
The Service supports only one Account per game on a supported
device.
License Limitations
Any use of the Service in violation of these License Limitations is
strictly prohibited, can result in the immediate revocation of your
limited license and may subject you to liability for violations of
law.
You agree that you will not, under any circumstances:
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Engage in any act that Flying Pan deems to be in conflict with the
spirit or intent of the Service or make improper use of Flying Pan��s
support services.
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Use cheats, exploits, automation software, bots, hacks, mods or any
unauthorized third-party software designed to modify or interfere with
the Service, any Flying Pan Game or any Flying Pan game experience or
without Flying Pan��s express written consent, modify or cause to be
modified any files that are a part of the Service or any Flying Pan
game.
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Disrupt, overburden, or aid or assist in the disruption or
overburdening of any computer or server (��Server��) used to offer or
support the Service or any Flying Pan game environment.
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Institute, assist, or become involved in any type of attack,
including without limitation distribution of a virus, denial of
service attacks upon the Service, or other attempts to disrupt the
Service or any other person��s use or enjoyment of the
Service.
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Attempt to gain unauthorized access to the Service, Accounts
registered to others or to the computers, Servers, or networks
connected to the Service by any means other than the user interface
provided by Flying Pan, including but not limited to, by circumventing
or modifying, attempting to circumvent or modify, or encouraging or
assisting any other person to circumvent or modify, any security,
technology, device, or software that is part of the Service.
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Post any information that is abusive, threatening, obscene,
defamatory, libelous, or racially, sexually, religiously, or otherwise
objectionable or offensive.
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Post any information that contains nudity, excessive violence, or
offensive subject matter or that contains a link to such
content.
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Attempt to, or harass, abuse, or harm, or advocate or incite
harassment, abuse, or harm of another person, group, including Flying
Pan employees, including Flying Pan��s customer service
representatives.
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Make available through the Service any material or information that
infringes any copyright, trademark, patent, trade secret, right of
privacy, right of publicity, or other right of any person or entity or
impersonates any other person, including without limitation a Flying
Pan employee.
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Reverse engineer, decompile, disassemble, decipher or otherwise
attempt to derive the source code for any underlying software or other
intellectual property used to provide the Service or any Flying Pan
game, or to obtain any information from the Service or any Flying Pan
game using any method not expressly permitted by Flying Pan.
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Solicit or attempt to solicit personal information from other users
of the Service or any Flying Pan game or collect or post anyone��s
private information, including personally identifiable information
(whether in text, image or video form), identification documents, or
financial information through the Service.
HHS Daily reserves the right to determine what conduct it considers
to be in violation of the rules of use or otherwise outside the intent
or spirit of these Terms of Service or the Service itself. Flying Pan
reserves the right to take action as a result, which may include
terminating your Account and prohibiting you from using the Service in
whole or in part.
1.2. Suspension and Termination of Account and Service
Without limiting any other remedies, Flying Pan may limit, suspend,
terminate, modify, or delete accounts or access to Flying Pan services
or portions thereof if you are, or Flying Pan suspects that you are,
failing to comply with any of these terms of service or for any actual
or suspected illegal or improper use of the service, with or without
notice to you. you can lose your user name and persona as a result of
account termination or limitation, as well as any benefits,
privileges, earned items and purchased items associated with your use
of the service, and Flying Pan is under no obligation to compensate
you for any such losses or results.
2. Ownership
2.1. Games and Service
All rights, title and interest in and to the Service (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, recordings of games played using a Flying Pan game
client, and the Flying Pan game clients and server software) are owned
by Flying Pan. Flying Pan reserves all rights, including without
limitation, all intellectual property rights or other proprietary
rights, in connection with its games and the Service.
2.2. Accounts
Notwithstanding anything to the contrary herein, you acknowledge and
agree that you shall have no ownership or other property interest in
the account, and you further acknowledge and agree that all rights in
and to the account are and shall forever be owned by and inure to the
benefit of Flying Pan.
2.3. Virtual Items
HHS Daily owns, has licensed, or otherwise has rights to use all of
the content that appears in the Service or in Flying Pan games.
Notwithstanding any provision to the contrary herein, you agree that
you have no right or title in or to any content that appears in the
Service, including without limitation the virtual goods or currency
appearing or originating in any Flying Pan game, whether earned in a
game or purchased from Flying Pan, or any other attributes associated
with an Account or stored on the Service.
2.4. User Content
��User Content�� means any communications, images, sounds, and all
the material, data, and information that you upload or transmit
through a Flying Pan game client or the Service, or that other users
upload or transmit, including without limitation any chat text. By
transmitting or submitting any User Content while using the Service,
you affirm, represent and warrant that such transmission or submission
is (a) accurate and not confidential; (b) not in violation of any
laws, contractual restrictions or other third party rights, and that
you have permission from any third party whose personal information or
intellectual property is comprised in the User Content; (c) free of
viruses, adware, spyware, worms or other malicious code; and (d) you
acknowledge and agree that any of your personal information within
such content will at all times be processed by Flying Pan in
accordance with its Privacy Policy. Flying Pan reserves the right in its sole discretion to review,
monitor, prohibit, edit, delete, disable access to or otherwise make
unavailable any User Content (including without limitation your User
Content) without notice for any reason or for no reason at any
time.
3. User Content
3.1. Content Screening
HHS Daily assumes no responsibility for the conduct of any user
submitting any User Content, and assumes no responsibility for
monitoring the Service for inappropriate content or conduct. We do
not, and cannot, pre-screen or monitor all User Content. Your use of
the Service is at your own risk. By using the Service, you may be
exposed to User Content that is offensive, indecent or otherwise not
in line with your expectations. You bear all risks associated with the
use of any User Content available in connection with the Service. At
our discretion, our representatives or technology may monitor and/or
record your interaction with the Service or communications (including
without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your
irrevocable consent to such monitoring and recording. You acknowledge
and agree that you have no expectation of privacy concerning the
transmission of any User Content, including without limitation chat
text or voice communications.
If at any time Flying Pan chooses, in its sole discretion, to monitor
the Service, HHS Daily nonetheless assumes no responsibility for User
Content and assumes no obligation to modify or remove any
inappropriate User Content. We have the right, but not the obligation,
in our sole discretion to edit, refuse to post, or remove any User
Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where
you can post User Content, including your observations and comments on
designated topics. HHS Daily cannot guarantee that other members will
not use the ideas and information that you share. Therefore, if you
have an idea or information that you would like to keep confidential
and/or don��t want others to use, do not post it on the Service.
Flying Pan shall have no responsibility to evaluate, use or compensate
you for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on,
through or in connection with the Service and that you provide to
others. Flying Pan may reject, refuse to post or delete any User
Content for any or no reason, including, but not limited to, User
Content that in the sole judgment of HHS Daily violates these Terms of
Service.
3.3. License
You hereby grant to Flying Pan an irrevocable, perpetual,
transferable, fully paid-up, royalty-free, worldwide license
(including the right to sublicense and assign to third party) and
right to copy, reproduce, fix, adapt, modify, create derivative works
from, manufacture, commercialize, publish, distribute, sell, license,
sublicense, transfer, lease, transmit, publicly display, publicly
perform, or provide access to electronically, broadcast, communicate
to the public by telecommunication, display, perform, enter into
computer memory, and use and practice, in any way, your User Content
as well as all modified and derivative works thereof in connection
with our provision of the Service, including marketing and promotions
of the Service. You also hereby grant to HHS Daily the right to
authorize others to exercise any of the rights granted to HHS Daily
under these Terms of Service. You further hereby grant to Flying Pan
the unconditional, irrevocable right to use and exploit your name,
likeness and any other information or material included in any User
Content and in connection with any User Content, without any
obligation to you. Except as prohibited by law, you waive any rights
of attribution and/or any moral rights you may have in your User
Content, regardless of whether your User Content is altered or changed
in any manner. Flying Pan does not claim any ownership rights in your
User Content and nothing in these Terms of Service is intended to
restrict any rights that you may have to use and exploit your User
Content. Flying Pan has no obligation to monitor or enforce your
intellectual property rights in or to your User Content.
3.4. User Interactions
You are solely responsible for your interactions with other users of
the Service and any other parties with whom you interact through the
Service and/or HHS Daily games. Flying Pan reserves the right, but has
no obligation, to become involved in any way with these disputes. You
will fully cooperate with HHS Daily to investigate any suspected
unlawful, fraudulent or improper activity, including, without
limitation, granting Flying Pan access to any password-protected
portions of your Account.
If you have a dispute with one or more users, you release us (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.
4. Fees and Purchase Terms
4.1. Purchases
In the Service you may purchase, with ��real world�� money, a
limited, personal, non-transferable, non-sublicensable, revocable
license to use (a) ��virtual currency��, including but not limited to
virtual cash or diamonds, all for use in Flying Pan games; (b)
��virtual in-game items�� (together with ��virtual currency��,
��Virtual Items��); and (c) other goods or services (��Merchandise��).
You are only allowed to purchase Virtual Items from us or our
authorised partners through the Service, and not in any other
way.
HHS Daily may manage, regulate, control, modify or eliminate Virtual
Items and/or Merchandise at any time, with or without notice. Flying
Pan shall have no liability to you or any third party in the event
that Flying Pan exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except
where expressly authorized in the Service. Other than as expressly
authorized in the Service, you shall not sell, redeem or otherwise
transfer Virtual Items or Merchandise to any person or entity,
including but not limited to Flying Pan, another user or any third
party.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE
THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Flying Pan games is a
service provided by HHS Daily that commences immediately upon
acceptance by Flying Pan of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or
anyone using an Account registered to you. Flying Pan may revise the
pricing for the goods and services offered through the Service at any
time. You acknowledge that HHS Daily is not required to provide a
refund for any reason, and that you will not receive money or other
compensation for unused virtual items when an account is closed,
whether such closure was voluntary or involuntary.
5. Updates to the Service
You understand that the Service is an evolving one. Flying Pan may
require that you accept updates to the Service and to Flying Pan��s
games you have installed on your computer. You acknowledge and agree
that Flying Pan may update the Service and Flying Pan games, with or
without notifying you. You may need to update third party software
from time to time in order to receive the Service and play Flying
Pan��s Games.
6. Disclaimer of Warranties
The service is provided on an ��as is�� and ��as available�� basis
for your use, without warranties of any kind, express or implied,
including without limitation the warranties of merchantability,
fitness for a particular purpose, title, non-infringement, and those
arising from course of dealing or usage of trade. Flying Pan does not
warrant that you will be able to access or use the service at the
times or locations of your choosing; that the service will be
uninterrupted or error-free; that defects will be corrected; or that
the game or the service are free of viruses or other harmful
components.