Enacted Nov. 5, 2024
These Game Services Terms of Service (“Terms”) set forth the terms and conditions for the access that SandyFloor provides you to use and enjoy all of SandyFloor's games, apps, websites, and other services (“SandyFloor Game Services”). SandyFloor is a global gaming company headquartered in Gyeonggi, South Korea. In these Terms, the term “SandyFloor” refers to a legal entity based in the Republic of Korea, and these Terms are an agreement between you and the legal entity.
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(Virtual Content) If you purchase, earn, or receive Virtual Content as a gift, you are only receiving a license to access the Virtual Content. You do not have any ownership rights in the Virtual Content you unlock, and you may not transfer the Virtual Content to anyone else. Virtual Content has no monetary value and is typically used exclusively in the Game, and you may not exchange Virtual Content for “real world” cash of any kind.
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(Refunds) You lose the right to change your mind, cancel your order, or receive a refund when you download or obtain immediate access to your Digital Content. You should check the game-specific operating policies for game-specific refund policies.
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(Code of Conduct) You agree to follow SandyFloor's Code of Conduct. This code governs your in-game and certain out-of-game conduct while using SandyFloor's games.
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(Local Laws) In some jurisdictions, depending on where you use, access, or otherwise utilize the SandyFloor Services, laws may exist that give you additional rights in addition to the rights set forth in these Terms. To the extent that such applicable laws conflict with any part of these Terms, those applicable laws will control.
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(Supervising Your Child's Online Activities) SandyFloor provides age ratings for our games on our website and game pages. We also encourage you to supervise your child's online activities, review the content they access, and monitor their social media activity, if appropriate. For more information about game ratings and content information, please refer to your local ratings system.
Chapter 1. Accounts
Article 1 (Who Can Create an Account)
1.
In order to use SandyFloor's various gaming services, you will need an account with SandyFloor. To create an account and use SandyFloor's gaming services, you must meet the following criteria, and if you are not an adult or emancipated minor, or if you have difficulty understanding these terms, you must seek the assistance of a parent or legal guardian.
a.
Adult
b.
Emancipated minors or minors who can independently create an account in accordance with applicable laws and regulations applicable to the use of SandyFloor Game Services
c.
Who have obtained valid consent to these Terms from their parents or legal representatives
2.
If you are the parent or legal guardian of a minor who is creating an account on the SandyFloor Game Services, you and your minor child accept these Terms and agree to be bound by these Terms, and you are responsible for all use of the account by the minor, including purchases made through the account, and for the minor's compliance with these Terms.
3.
Any person using the SandyFloor Gaming Services may not create and use an account or use the SandyFloor Gaming Services on behalf of an entity or for commercial purposes.
Article 2 (How to Create an Account)
You may create an Account by logging into the SandyFloor Gaming Services through SandyFloor's Games with your unique login credentials or (if applicable) by utilizing an existing social media account.
Article 3 (Account Email Transparency)
1.
SandyFloor will send account, legal, and service-related notices to the email address on file for your account, which may include important communications such as account termination.
2.
Accordingly, you must keep the email address associated with your account updated and verify it when requested by SandyFloor.
3.
If you created your account by signing in to the SandyFloor Gaming Services with a social media account, your SandyFloor account email will be set to the email address associated with that social media account.
Article 4 (Account Sharing)
1.
When you create a SandyFloor account, SandyFloor will require you to choose a unique username (or email) and password (collectively, your “Login Credentials”), and you agree to the following
a.
You may not share your account or login credentials with anyone else.
b.
You may not sell, transfer, allow others to access, or offer to sell your account or login credentials to anyone else.
c.
You must keep your login credentials confidential.
2.
You are solely responsible for any losses (including loss or use of Virtual Content) that result from your sharing of your login credentials or failure to maintain the security of your account or login credentials.
Chapter 2. Canceling your account
Article 5 (Account termination criteria)
1.
You may terminate your account at any time by contacting SandyFloor Games and Customer Support.
2.
SandyFloor may terminate or suspend your account if any of the following applies to you :
a.
you are in violation of any part of these Terms (including the Code of Conduct)
b.
terminating or suspending your account is in the best interests of our community or the SandyFloor Game Services or is required to protect the rights of third parties
c.
SandyFloor ceases to offer the SandyFloor Game Services in your geographic region (if SandyFloor intends to discontinue offering a significant core feature of the Game or the entire service in your geographic region, we will generally notify you via a notice on the Website, App, or in-game).
d.
if you fail to pay any fees owed to SandyFloor (other than due to SandyFloor's gross negligence or willful misconduct) or if SandyFloor is required to refund someone for unauthorized use of payments made through your account
e.
you have used (or SandyFloor has reasonable grounds to suspect you have used) someone else's payment information in an unauthorized manner.
3.
SandyFloor may utilize automated systems and machine learning tools, or any method SandyFloor deems appropriate, to make these determinations. Your account may be suspended pending a detailed review, and you may appeal SandyFloor's decision.
Article 6 (Retention of information in the event of long-term account disconnection)
If you do not use your Account for an extended period of time, SandyFloor may take action against your Account, including suspension and termination. If SandyFloor intends to take such action, it must first provide you with a sufficient opportunity to avoid such action, for example by sending you an email.
Article 7 (Account Termination Policy)
1.
If you terminate your account, you will no longer have access to your account, including any associated data and virtual content (including game currency); however, this does not limit or affect any rights you may have under privacy or consumer protection laws.
2.
If SandyFloor terminates your account for lawful reasons (such as your breach of these Terms), the provisions below will apply.
a.
You will not receive a refund and SandyFloor will have no liability to you.
b.
We reserve the right to terminate any remaining accounts you may have created and your access to other SandyFloor Game Services as set forth in the Terms. You understand and agree that your use of the SandyFloor Game Services involves the risk of account termination or suspension under these Terms and that you should always act appropriately and with this risk in mind when using the SandyFloor Game Services.
Chapter 3. Limited licenses
Article 8 (License to Offer)
1.
SandyFloor grants you a limited, non-exclusive, non-transferable, revocable license to use and enjoy the SandyFloor Game Services (and Virtual Content) solely for your personal, non-commercial leisure use and on the express condition that you comply with these Terms.
2.
If SandyFloor wishes to terminate your account, it will immediately terminate all licenses granted to you by SandyFloor in SandyFloor and Virtual Content.
3.
You may not sell, reproduce, exchange, rent, lease, reverse engineer, disassemble, source code, translate, lease, grant a security interest in, transfer, publish, assign, or otherwise distribute any SandyFloor Game Services or SandyFloor's intellectual property (including computer code and virtual content), unless expressly authorized by SandyFloor in a written agreement.
Article 9 (Scope of use)
1.
SandyFloor (and SandyFloor's licensors) owns the SandyFloor Game Services and all data and content created, provided or otherwise made available on or through the SandyFloor Game Services, including user accounts, computer code, titles, objects, artifacts, characters, character names, chat logs, game recordings and broadcasts, locations, place names, stories, dialog, catchphrases, art, graphics, structural or scenic designs, animations, sounds, musical compositions and recordings, virtual items, in-game currency, audio-visual effects, character portraits, and methods of operation and gameplay) (collectively, “Game Content”) (collectively, “Game Content”). For clarity, Game Content includes virtual content.
2.
Unless expressly permitted by SandyFloor, you may not create a work based on the Game Content or the SandyFloor Game Services.
3.
SandyFloor's permitted uses of intellectual property are described below.
a.
SandyFloor grants you a personal, non-exclusive, non-sublicensable, non-transferable, revocable, limited license to use, display, and create derivative works based on SandyFloor's IP solely for non-commercial purposes.
b.
SandyFloor reserves the right to prohibit your use of the IP from time to time for any reason or no reason at all, including if SandyFloor determines in its sole and absolute discretion that you have used the IP inappropriately.
c.
if SandyFloor prohibits your use of the IP, you must immediately cease development, publication or distribution of the Project.
d.
without a written license agreement with SandyFloor, you may not create commercial projects, including projects that are funded in part by crowdfunding, projects that involve a business or legal entity, or projects where content is blocked by a charging barrier (e.g., Patreon, YouTube Premium, etc.), with two exceptions
i.
Ad Revenue: We allow individual players to promote their projects on their websites, streaming broadcasts, or videos to generate passive revenue from appropriate advertising, including pre-roll ads, interstitial ads, and overlay ads from sponsors. Inappropriate advertising is prohibited and the standard of inappropriateness is determined solely by SandyFloor.
ii.
Gameplay streaming: We allow individual players to solicit personal sponsorships or offer subscription-based content while live streaming a game, as long as it doesn't interfere with non-subscribers watching the game at the same time.=
e.
you may not use any of SandyFloor's logos or trademarks in your projects, websites, advertisements, videos, or other publications unless you have entered into a written license agreement with SandyFloor. you may not register domain names, social media accounts, or other similar things that use SandyFloor or any of its trademarks, trade names, character names, or the like. You may not use SandyFloor's trademarks or names associated with SandyFloor's IP as keywords or internet search tags.
f.
Projects that comply with the above must be shareable externally, must disclose that they are fan projects and not content created by SandyFloor, and must prominently display the following notice on the project's website, etc.
i.
[Name of your project] was created using assets owned by SandyFloor in accordance with SandyFloor's “Intellectual Property Use Policy for Limited Licenses in SandyFloor Games Common Terms of Service”. SandyFloor does not endorse or sponsor this project.
4.
You also agree that you may not use any of SandyFloor's trademarks, service marks, trade names, logos, domain names, taglines, or trade dress unless licensed to you by SandyFloor in a signed agreement. Any reproduction, redistribution, or modification of the SandyFloor Gaming Services or any use of the SandyFloor Gaming Services in a manner inconsistent with these Terms is expressly prohibited and may result in severe civil and criminal penalties.
Chapter 4. Virtual Items and Game Currency and Purchases
Article 10 (Definition of Virtual Content)
1.
when you use sandyfloor gaming services, sandyfloor provides you with the opportunity to obtain a limited license to access virtual items, such as amiiboards, skins, and emotes (“Virtual Items”) and in-game currency (“Game Currency”) (collectively, “Virtual Content”) in connection with your account.
2.
Unless otherwise specified by SandyFloor at the time of purchase, Game Currency may only be used in the specific Game for which the purchase is made.
Article 11 (How Virtual Content is Obtained)
1.
SandyFloor offers a variety of opportunities for you to obtain limited licenses to access game currency or virtual content, including
a.
purchased (via credit card, etc.)
b.
earned (by completing game missions or tasks, playing the game, etc.)
c.
received (as a gift from another player or through in-game crafting features)
Article 12 (Ownership of virtual content)
1.
regardless of how you obtain access, you do not have any property rights, including ownership rights, in the Virtual Content you unlock, and the Virtual Content has no monetary value.
2.
you may not transfer Virtual Content (except as authorized by SandyFloor through features of the SandyFloor Game Services) or redeem it for “real world” cash of any kind.
3.
you are not entitled to a refund for the purchase of a license to access Virtual Content unless expressly permitted by SandyFloor.
4.
notwithstanding anything to the contrary in these terms, you acknowledge and agree that you do not have any property rights, including ownership rights, in your account and that all rights to your account shall forever belong to, inure to the benefit of, and be owned by SandyFloor.
5.
you acknowledge and agree that you have no right, title, or other proprietary interest in any virtual content, regardless of any consideration provided or paid. Further, except (1) in the event of willful or gross negligence; (2) as otherwise provided in these Terms; or (3) as otherwise required by applicable law, SandyFloor shall not be liable in any way for any damage or loss of any nature whatsoever, including destruction, deletion, modification, corruption, hacking, or other damage to or loss of any Virtual Content (including the removal of Virtual Content following termination or expiration of your account or SandyFloor's reasonable modification of the SandyFloor Game Services).
Article 13 (Changes to virtual content)
1.
in order to improve the SandyFloor Game Services, maintain safety, fun, and security, SandyFloor reserves the right to delete, change, move, remove, repackage, reprice, reset, or transfer all or part of the Game Content, including Virtual Items, at any time without notice to you and to the extent permitted by law. (For example, your Virtual Items may be improved over time to improve the SandyFloor Game Services (including game balancing, bug fixes, and graphical improvements) or for regulatory or legal reasons.
2.
If you decide to completely delete a particular Virtual Item that you have recently purchased, SandyFloor will provide you with a refund or a replacement item.
3.
unless terminated by SandyFloor for lawful reasons or by you in accordance with Section 5.1, SandyFloor will not delete your Game Currency without notice (whether through SandyFloor's website, App, in-game postings, or otherwise).
4.
SandyFloor may change the purchasing power of the Game Currency (for example, by changing the price of the Game Currency required to purchase virtual items such as Skins) and will notify you (via SandyFloor's website, App, in-game postings, or otherwise) if it makes changes that may have a material adverse effect on your Game Currency.
5.
SandyFloor does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, for any data on the servers it operates or controls (including any Game Content or Virtual Content on your Account). The sale or transfer of access to specific Game Content or Virtual Content may only be made through services authorized or provided by SandyFloor.
Chapter 5. Fees and taxes
Article 14 (Fees for Game Services)
1.
Some areas of the SandyFloor Gaming Services may require you to make a payment, and you agree to provide accurate and complete payment information to SandyFloor or any third party payment service provider utilized by SandyFloor, and you also agree to pay all charges and applicable taxes incurred on your account.
2.
SandyFloor may revise the pricing policy for any part of SandyFloor at any time. The revised pricing policy will be effective prospectively from the effective date of the revised pricing policy (except for products you have already purchased).
3.
All charges and fees are payable in accordance with the payment terms in effect at the time they become due and payable.
4.
SandyFloor may modify, change or supplement the fees and billing methods from time to time with prospective effect, and such changes will be effective immediately upon being set forth in these Terms or posted on SandyFloor's website, App or Game.
5.
SandyFloor may terminate or suspend your account if you fail to pay any fees owed to SandyFloor or if SandyFloor is required to refund someone due to unauthorized use of payments made through your account, except in cases of SandyFloor's willful or gross negligence. For more information, please see Section 5 (Account Termination Criteria).
6.
Subject to applicable law, all applicable charges and fees for other fee-based services (including game currency) are prepaid and are not refundable in whole or in part except as expressly provided in these Terms or SandyFloor's refund policy. Except for SandyFloor's willful misconduct, gross negligence, or as otherwise set forth in these Terms, you are responsible for all amounts and damages charged to your account as a result of sharing your login credentials or failing to maintain the security of your account or login credentials.
Article 15 (Responsibility for game currency)
1.
You are solely responsible for paying all charges associated with the acquisition, use, or access to Game Currency. Game Currency is sold or issued in packages and the price varies depending on the quantity you purchase and your location.
2.
SandyFloor may limit the total amount of Game Currency that can be purchased in any one game or the total amount that can be held in your account if we deem necessary in our reasonable discretion (or if required by law). In addition, the price and availability of Game Currency and Virtual Items are subject to change with prospective effect.
3.
SandyFloor may limit the amount of Game Currency you can purchase and/or use based on your location.
4.
You must verify the correct amount of Game Currency being added to/deducted from your account at the time of the transaction. If you believe that an error has occurred with respect to your Game Currency balance, you may notify SandyFloor and SandyFloor shall take appropriate action.
Chapter 6. Unsolicited Idea Submission Policy
Article 16 (Unsolicited Idea Submission Policy)
1.
Any unsolicited ideas you provide are free to be used by SandyFloor. This policy aims to prevent misunderstandings and disputes that may arise if the SandyFloor Gaming Services appear to be similar to Unsolicited Ideas submitted by people.
2.
Submitting an Unsolicited Idea does not give you any legal rights to the Unsolicited Idea; nevertheless, if you submit an Unsolicited Idea, SandyFloor will be granted the right to use all or part of your Unsolicited Idea for any reason without any compensation to you.
3.
publicly display, electronically perform, create, commission to create, sell, offer for sale and import, a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive, royalty-free right and licence (including all associated copyrights, trademarks, trade secrets, patents, design rights, industrial property rights and all other related intellectual property and proprietary rights) to do so.
4.
To the extent necessary, you agree to execute and deliver all documents and take all actions necessary or desirable to ensure that the licence to use the Unsolicited Ideas granted to SandyFloor as above is valid and enforceable.
5.
You also agree to waive and not assert any rights, including moral rights, to the fullest extent permitted by the laws of your country.
Chapter 7. Code of Conduct
Article 17 (SandyFloor Games Common Code of Conduct)
1.
In order to use the SandyFloor Gaming Services, you must comply with all laws and regulations in the country in which you reside. You must also comply with the rules of conduct below and any policies governing use and conduct that SandyFloor may post from time to time on its websites, apps, and games (collectively, the ‘Code of Conduct’). The Code of Conduct posted on our websites, apps, and games or in these Terms is not all-inclusive, and SandyFloor reserves the right to take appropriate sanctions, including suspension, permanent suspension, termination, and deletion of accounts, as well as modifications to the Code of Conduct, to protect the healthy gaming environment of SandyFloor's gaming services, whether or not certain conduct is identified as inappropriate in the Code of Conduct.
2.
Examples of behaviours that are subject to sanctions include :
a.
impersonate any person, business, or entity (including any employee of SandyFloor) or make any communication appear to originate from SandyFloor
b.
publicly post any identifying information about yourself, SandyFloor employees, or other players
c.
harass, stalk or threaten other players or SandyFloor employees
d.
Remove, alter or obscure any of SandyFloor's copyright, trademark, patent or other proprietary rights notices within the SandyFloor Gaming Services. You also may not transmit any content that violates or infringes the rights of others (including patents, trademarks, trade secrets, copyrights, rights of publicity, and rights of personality).
e.
Do anything that SandyFloor reasonably believes is objectionable or offensive to other players (including any unlawful, harmful, threatening, abusive, offensive, defamatory, vulgar, obscene, sexually explicit, racist, ethnic, or otherwise objectionable communication or conduct).
f.
Transmit or facilitate the transmission of any content that contains computer programming routines that are intended to or actually do damage to, harmfully interfere with, or surreptitiously intercept, digitise, destroy or steal any system, data or personal information, including viruses, corrupted data, Trojan horses, bot keystroke loggers, worms, time bombs, cancelbots, etc.
g.
prevent, circumvent, remove, disable, damage, unscramble, or otherwise evade any technical measures taken by SandyFloor or any third party to protect or control access to the SandyFloor Gaming Services or any portion thereof
h.
spam chat for personal or commercial purposes by disrupting the flow of conversation with repeated posts
i.
Engage in conduct that may defraud other players (or that SandyFloor reasonably believes to be defrauding), such as through scams or social engineering
j.
use unauthorised third party programs that interact with the SandyFloor Game Services for any purpose, such as mods, hacks, cheats, scripts, bots, trainers or automated programs, including third party programs that interfere with, imitate or retransmit communications in connection with the SandyFloor Game Services and unauthorised third party programs that collect information about the SandyFloor Game Services by reading areas of memory used by the SandyFloor Game Services for storing information
k.
access or attempt to access any SandyFloor Gaming Services that are not available to the public
l.
Choose an account name or username that falsely suggests an association with SandyFloor, contains personally identifiable information, or is offensive, defamatory, vulgar, obscene, sexually explicit, racist, ethnic, or otherwise objectionable. You may not misspell or otherwise misrepresent your username or other name in order to circumvent the restrictions on name selection. If SandyFloor reasonably believes that you are in violation of this provision, we may change your name without notice to you and take additional sanctions, including account termination if necessary.
m.
Failing to participate in, logging out of, or quitting a game during live game play. SandyFloor keeps track of this data and may take action to suspend accounts if a player quits in the middle of a game. Account suspensions may be extended or may result in permanent bans for accounts that consistently quit during live gameplay.
n.
Playing under someone else's account or engaging in activity for that purpose
o.
Encourage or encourage others to violate the Code of Conduct or these Terms; or
p.
Use the SandyFloor Game Services for any business purpose without SandyFloor's express written consent, or use the SandyFloor Game Services after SandyFloor has requested that you cease using the SandyFloor Game Services.
Chapter 8. User Generated Content
Article 18 (Responsibility for published content)
1.
You are responsible for the materials and information you create, upload, use, or transmit through the SandyFloor Game Services, including communications, usernames, images, sounds, and other materials and information (‘Your Content’), other than Unsolicited Ideas (see Chapter 6).
2.
You should only upload or transmit content if you agree to the following
a.
From the time you upload or transmit Your Content, you grant SandyFloor the right to use, reproduce, distribute, adapt, modify, translate, create derivative works from, publicly perform, publicly display and electronically perform Your Content without any compensation to you for the purpose of providing the SandyFloor Game Services, create, commission the creation of, and import, a worldwide, perpetual, irrevocable, sublicensable, non-exclusive, royalty-free right and licence (including all related copyright, publicity rights, trademarks, trade secrets, patent rights, industrial property rights and all other related intellectual property and proprietary rights) to do so without compensation to you.
b.
You waive, to the fullest extent permissible under the laws of the country in which you reside, any moral rights you may have in your Content in connection with SandyFloor's use of your Content. If local law does not permit a waiver of moral rights, you instead grant SandyFloor the right to use and freely edit your Content and all elements of your Content, whether or not they include your name or a nom de plume.
c.
You represent, warrant and agree that none of Your Content will be subject to any obligation of SandyFloor, regardless of its confidentiality, non-confidentiality or attribution, and that SandyFloor will not be liable for any use or disclosure of Your Content.
d.
You also represent, warrant and agree that Your Content does not violate any third party rights.
Chapter 9. Monitoring and Cheat response
Article 19 (Monitoring)
1.
We may (but are under no obligation to) actively monitor your use of the SandyFloor Gaming Services on our servers and your computer or device for a variety of purposes, including preventing fraud and hacking, deterring or discouraging activity that disrupts the normal operation of the Services, and improving the SandyFloor Services.
2.
Please see our Privacy Policy for an overview of how SandyFloor obtains and processes information about your use of the SandyFloor Game Services.
Article 20 (Running monitoring programs)
SandyFloor may require you to install fraud prevention software for the purpose of preventing fraud and hacking. Such software may run on your equipment.
Chapter 10. Updates and fixes
Article 21 (Changes to the Terms)
1.
SandyFloor may revise these Terms in the future to reflect developments in the SandyFloor Gaming Services and applicable law.
2.
If we revise these Terms, we will be obliged to notify you of the new Terms that will replace these Terms, and you will have the opportunity to review the new Terms and decide whether you agree to the revised terms.
3.
If you agree to the new terms, you may use the SandyFloor Game Services; if you reject the new terms, you may not use the SandyFloor Game Services.
Article 22 (Updates to SandyFloor Game Services)
1.
For the safety, fun, and security of the SandyFloor Game Services, SandyFloor may modify, change, stop updating, improve or degrade the performance of, or restrict your access to, any feature or part of the SandyFloor Game Services, including Virtual Items (SandyFloor may change the functionality of some Virtual Items for regulatory or legal reasons or to enhance your gaming experience), at any time and without liability to you.
2.
You agree that we may require you to download and install necessary software and related updates to support the SandyFloor Game Services.
3.
You understand and agree that changes or updates to the SandyFloor Game Services may change the system requirements for playing the Games, in which case you, and not SandyFloor, will be responsible for purchasing any additional software and hardware required to access and play the Games.
4.
You understand and agree that SandyFloor may perform background patching to automatically update SandyFloor's Games and Software with or without notice to you.
Chapter 11. Link
Article 23 (Linking to Other Parties)
1.
The SandyFloor Gaming Services may contain links to websites operated by other parties, and we do not own or operate these other websites.
2.
These links may be provided as a convenience or may be posted by other users as user-provided content. You understand and agree that your use of these links and any linked external websites is at your own risk.
3.
SandyFloor has no control over any linked sites and is not responsible for the content available on such sites.
4.
Such links do not imply endorsement by SandyFloor of any information or materials on such other sites, and SandyFloor disclaims all liability in connection with your access to and use of any such linked websites.
Chapter 12. Notification and Procedures for Copyright Infringement Claims
Article 24 (Copyright Infringement on SandyFloor Gaming Services)
1.
SandyFloor respects copyright law and may suspend or terminate the accounts of users who we believe are infringing or otherwise violating the rights of copyright holders as we deem appropriate under our policies.
2.
SandyFloor will respond expeditiously to claims of copyright infringement made using SandyFloor's websites or online networks accessible by mobile devices or other types of devices (the ‘Sites’) that are received by SandyFloor's Copyright Agent, as shown in the sample notice below. If you are the copyright owner, or an authorised agent of the copyright owner, or have been authorised to exercise exclusive rights under a copyright, to report alleged copyright infringement that you believe has occurred through the Site, you must submit a notice that includes all of the following information
a.
Identify the works that you claim are infringed. If your notice includes multiple works, you may provide a representative list of the works that you claim are infringing.
b.
Identification of the material that you claim is infringing (or is to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SandyFloor to locate the material, including, if available, at a minimum, a URL to a link on the site where the material may be found.
c.
Your address, telephone number and, if available, an electronic mail address
d.
The body of the notice must include all of the following statements
i.
‘I state in good faith that the use of the disputed work is not authorised (as a fair use) by the copyright owner, its agent, or the law.’
ii.
‘I state that the information in this notification is accurate and that [under penalty of perjury]* I am the owner, or authorised agent, of the copyright that is allegedly infringed, or authorised to act on the exclusive rights under the copyright.’
e.
Your legal name and electronic or physical signature
3.
Please complete all of the information in this notice (‘Notice’) and send it to SandyFloor's Copyright Agent at the address for the SandyFloor Entity, or you may send an email notice to sandyfloor@sandyfloor.com. This email address is solely for the purpose of receiving notices of cease and desist requests for copyright infringement and does not address general inquiries or requests regarding SandyFloor.
4.
For security reasons, we do not accept email attachments; therefore, notices in electronic form with attachments will be rejected or not processed.
Chapter 13. Disclaimer of Warranties
Article 25 (Providing warranties)
1.
regardless of your location, you assume all responsibility for the installation, use, and results obtained from the sandyfloor services.
2.
if you are located in north and central america or south america, the sandyfloor gaming services are provided to you on an ‘as is’ and ‘as available’ basis without any representations or warranties of any kind, either express or implied. you assume the entire risk of your use of the sandyfloor gaming services. to the fullest extent permissible pursuant to applicable law, sandyfloor disclaims all warranties, express or implied, including any implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, any warranties arising from course of dealing, course of performance, or usage of trade, and any warranties regarding the accuracy, reliability, or quality of the content or information contained in the sandyfloor gaming services.
Chapter 14. Disclaimer
Article 26 (Covering legal costs)
1.
To the fullest extent permitted under applicable law, except to the extent caused by SandyFloor's wilful misconduct or gross negligence, you hereby indemnify and hold SandyFloor and its subsidiaries, affiliates, officers and directors harmless from and against any and all claims, suits, actions, demands, and liabilities arising out of your abuse of the SandyFloor Game Services, your breach of any provision of these Terms (for example, You agree to indemnify, defend and hold SandyFloor harmless from and against any and all claims, suits, losses, liabilities and expenses arising out of or resulting from your use of hacks, cheats, bots or infringement of SandyFloor's IP rights on the SandyFloor Game Services) or your violation of any third party rights.
2.
SandyFloor reserves the right, in its sole and absolute discretion, to assume the exclusive defence and control of any matter otherwise otherwise subject to indemnification by you, including, without limitation, at SandyFloor's expense, in which event you will cooperate with SandyFloor in asserting any available defences.
3.
If you are using the SandyFloor Gaming Services as part of your business operations (which is not permitted for you) and a lawsuit is brought against SandyFloor for breach of these Terms, you will defend SandyFloor in court and pay any damages incurred by SandyFloor.
Chapter 15. Limitation of Liability
Article 27 (Limitation of potential liability)
1.
SandyFloor will only be liable to you for ordinary damages if you suffer loss, harm or damage in connection with your download, use and/or access of the SandyFloor Game Services (whether in breach of this Agreement, negligence or otherwise).
2.
SandyFloor provides the SandyFloor Game Services for domestic and private use only. SandyFloor shall not be liable for any loss of business (including, without limitation, lost profits, business interruption, loss of goodwill, loss of business opportunity). SandyFloor shall not be liable for any damages arising from your failure to install any updates provided by SandyFloor or to maintain minimum system requirements. Separately, SandyFloor shall not be liable if
a.
losses that were not foreseeable at the time you entered into these Terms
b.
losses (including all indirect damages) that both you and SandyFloor knew could only be caused by your special circumstances existing at the time you entered into these Terms
3.
notwithstanding anything else we may state in these Terms, if it is unlawful for us to exclude or limit our liability to you, we will not exclude or limit such liability in any way. This includes our liability for
a.
death or personal injury caused by SandyFloor's negligence
b.
fraud or fraudulent misrepresentation by SandyFloor
c.
intent or gross negligence
d.
Damages arising from SandyFloor's negligent breach of an obligation that is essential to the performance of the Contract (‘Core Obligations’) to the extent that it is foreseeable and in the ordinary course of business
e.
any warranty provided to you by SandyFloor
f.
Liability under applicable product liability laws in your country.
4.
You may also have certain rights under local law in addition to the rights set out above.
Chapter 16. Governing law
Article 28 (Governing law)
These Terms and any litigation arising out of or in connection with these Terms shall be governed by the laws of the Republic of Korea.
Chapter 17. Resolving disputes
Article 29 (Resolving disputes)
1.
In order to speed the resolution of disputes related to these Terms and reduce the cost of any dispute or claim (‘Claim’), you and SandyFloor agree to first have an informal negotiation period of not less than 30 days regarding the Claim.
2.
SandyFloor will send notice to the email address on file for your account. If You do not have an account with SandyFloor Gaming Services, notice will be sent to the email You used to send the claim to SandyFloor. You must send your notice to the SandyFloor entity providing the SandyFloor Gaming Service to you. This informal resolution process does not toll any statutory limitations periods with respect to filing a claim.
3.
To the fullest extent permitted by applicable law, and without limiting your legal right to commence court proceedings, you and SandyFloor agree that the following claims are not subject to any other provision of this chapter regarding negotiation You may assert an individual small claims action in small claims court in lieu of litigation for the following claims
a.
Claims to enforce or protect your or SandyFloor's intellectual property rights or claims concerning the validity of those intellectual property rights
b.
Claims involving or arising out of allegations of theft, piracy, invasion of privacy or unauthorised use
c.
Claims for equitable relief (such as injunctive relief).
d.
any claim that either party submits to the jurisdiction of a small claims court
4.
Any dispute, claim or controversy arising out of or relating to these Terms or the SandyFloor Game Services will be resolved exclusively by private, binding arbitration and not in court.
5.
You and SandyFloor may each bring a claim against the other party solely individually and not as a plaintiff or member of any class or collective action. Unless both you and SandyFloor agree otherwise, the arbitrator may not consolidate or join the claims of more than one person or party, or otherwise preside over any form of consolidated, collective, or class action. In addition, the arbitrator may grant relief solely to the individual party seeking relief and only to the extent necessary to provide the relief (including monetary, injunctive, and declaratory relief) necessary for that party's individual claim.
6.
The arbitrator will decide all matters concerning the dispute between you and SandyFloor.
7.
SandyFloor will pay all of your filing, administration, and arbitration costs related to your dispute of $10,000 or less, unless the arbitrator determines that the claim is frivolous. If SandyFloor prevails in arbitration, SandyFloor will pay all attorneys‘ fees and costs and will not recover them from you. If you prevail in arbitration, you will be reimbursed for your attorneys’ fees and costs to the extent provided under applicable law.
8.
You may, at your option, conduct the arbitration by telephone, by written submission, in person in your country of residence, or at a mutually agreeable location.
9.
You and SandyFloor agree to keep confidential any dispute, claim or controversy referred to arbitration and all related proceedings, including any settlement agreement. However, the prevailing party to the arbitration may register an application with a court of competent jurisdiction to have the arbitral award confirmed as an order or judgement of the court.
10.
You and SandyFloor agree that if any provision of the arbitration agreement under these Terms is found to be unenforceable, that portion shall be null and void and the remaining provisions shall remain in full force and effect; provided, however, that if Section 17.8 (‘Can I Bring a Class Action?’) above, or any part thereof, is found to be unenforceable, the entire arbitration agreement (i.e., all of Section 17 of Part A) shall be null and void and all claims between you and SandyFloor shall be brought in a court of competent jurisdiction under the Korean Civil Procedure Law in accordance with the applicable portion of Section 16 above
Chapter 18. SandyFloor Game Services Additional Terms and Conditions
Article 30 (Third-party stores and platforms)
1.
You may access SandyFloor Game Services offered by SandyFloor through certain authorised third party stores or platforms (authorised third parties providing stores, game systems, consoles, platforms, etc., each a ‘Third Party Platform’) if you agree to the following
a.
These Terms constitute an agreement between SandyFloor and you, and not between you and the Third Party Platform. SandyFloor is solely responsible for the SandyFloor Game Services as between SandyFloor and the Third Party Platform.
b.
Third Party Platforms are not obligated to provide maintenance and support services to the SandyFloor Game Services.
c.
Third Party Platforms are not responsible for resolving your claims in connection with the SandyFloor Gaming Services or your retention and use of the SandyFloor Gaming Services.
d.
If a third party claims that a SandyFloor Game Service infringes another party's intellectual property rights, the Third Party Platform will not be responsible for the investigation, defence, settlement or discharge of such claim as between the Third Party Platform and SandyFloor.
e.
You must comply with all third party terms, conditions and licences that apply when you access or use a Third Party Platform, including any additional terms and conditions that apply when you download, stream, access or use games, virtual content or other SandyFloor Gaming Services provided by SandyFloor.
Chapter 19. Other regulations
Article 31 (Questions about SandyFloor Gaming Services)
If you have any questions about the SandyFloor Gaming Services or wish to contact SandyFloor for any other reason, please use the customer service and 1:1 support available on our website or through the SandyFloor Gaming Services.
Article 32 (Assignment of Terms)
SandyFloor may assign all or part of its rights under these Terms to any person or entity at any time without your consent. You may not assign your rights under these Terms without SandyFloor's prior written consent, and any unauthorised assignment by you will be null and void.
Article 33 (Full consensus)
These Terms represent the entire agreement between you and SandyFloor with respect to the SandyFloor Gaming Services and supersede all prior or contemporaneous agreements between you and SandyFloor. These Terms are not in conflict with or supersede any other SandyFloor policies referenced in these Terms. You and SandyFloor have not relied on, and agree not to have, any remedies with respect to any condition, representation, warranty, or other similar matter not expressly set forth in these Terms.
Article 34 (Actions for natural disasters)
1.
SandyFloor shall not be liable for any delay in performance or failure to perform, including any failure to comply with these Terms, due to
a.
Hacking, cyber-attack, breach or loss of information (provided that the Company has taken steps that it reasonably should have taken to avoid the occurrence of such events)
b.
unforeseen circumstances or causes beyond SandyFloor's control, including acts of God, war, terrorism, bomb threats, riots, embargoes, acts of civil or military authorities, fire, flood, accident, strikes or shortages of transport, fuel, energy, labour or materials
Article 35 (Partnership)
You agree that entering into these Terms or your use of the SandyFloor Gaming Services does not create any joint venture, partnership employment, or agency relationship does not exist as a result of this agreement or use of the Game Services.
Article 36 (Interpretation of action items)
1.
The failure of SandyFloor to enforce any provision of these Terms shall not be construed in any way as a present or future waiver of such provision, nor shall it affect in any way the right of either party to enforce each such provision thereafter.
2.
The waiver by SandyFloor of any term, condition or requirement of these Terms shall not be construed as a waiver of future compliance with such term, condition or requirement.
Article 37 (Remedies for Breach of Terms)
1.
You agree that SandyFloor will suffer irreparable harm if your breach of any specific provision of these Terms (such as Section 9 of Chapter 3) is not specifically enforced, and that damages will not be an adequate remedy for SandyFloor.
2.
SandyFloor may seek injunctive relief or specific performance from the courts under this provision.
Article 38 (Actions for partial invalidity of the Terms)
Unless otherwise provided in these Terms, if any provision of these Terms is held to be invalid or unenforceable for any reason, such provision shall be deemed deleted and the remaining provisions of these Terms shall continue in full force and effect.
Article 39 (Term of the Terms)
1.
These Terms are effective as of the date you first agree to them and will remain in effect for as long as you use and maintain an account with SandyFloor Gaming Services.
2.
However, Article 7, Article 9, Article 12, Article 13, Article 14, Article 16, Article 18, Article 25 and Article 30 shall survive any termination of these Terms.
Article 40 (Wording of the Terms)
In these Terms, the expression ‘including’ means ‘including, but not limited to’.
You acknowledge and agree that you have read and understand the above Terms and Conditions and that by selecting the ‘I Agree’ button below or by using/accessing the SandyFloor Gaming Services, you agree to be bound by the terms and conditions set forth in these Terms and Conditions.
These Terms are translated from the original Korean for your convenience, and in the event of any conflict with the original Korean Terms, the original Korean Terms shall prevail.
Enacted Nov. 5, 2024