These Terms of Service constitute a legal agreement that governs your relationship with ONKY PTE. LTD. and its affiliated companies (collectively referred to as "ONKY PTE" or "We" or “us”) regarding your use of ONKY PTE's social games and related services, which include applications for mobile devices and ONKY PTE-branded Web sites (the “Services"). These Terms of Service apply to any Services provided by or Site operated by ONKY PTE, including, without limitation, the games located at www.onky.vn or any other sites on which these Terms of Service are posted, and/or where any ONKY PTE application, Services, or product is licensed, downloaded or otherwise accessed through third party sites or sources (in each case, the “Site”).
You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms of Service. You further agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you will not:
1. Modify, adapt, translate, reverse engineer, or disassemble any portion of the Services.
2. Restrict or inhibit any other person from use of the Services or interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available or violate any requirements, procedures, policies, or regulations of such networks;
3. Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud ONKY PTE or any third party or take any other action which otherwise violates these Terms of Service and/or the terms of service of any third-party applications or social networks through which the Services are accessed;
4. Attempt to obtain passwords or other private information from other users of the Services including personally identifiable information;
5. Use the Services if you have previously been removed or banned by ONKY PTE;
6. Develop, distribute or use any software programs or other applications that allow the user to cheat or obtain an unintended advantage while using the Services;
7. Exploit or distribute any game error or technical glitch that provides an unintended advantage to a user, including but not limited to accessing one time promotions more than once;
8. Transfer, sell, or re-sell Virtual Currency or Virtual Goods (as defined below), to other individuals, parties, or entities, or fraudulently acquire Virtual Currency or Virtual Goods;
9. Rent, lease, sell, trade, or otherwise transfer or share your account to or with anyone without ONKY PTE ‘s written permission;
10. Access or use an account which has been rented, leased, sold, traded, or otherwise transferred from the account creator without ONKY PTE’s written permission;
11. Use the Services to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
12. Attempt to use the Services on or through any Web site or service that is not authorized by ONKY PTE Age
The Services are intended for those 21 years of age. Without diminishing the foregoing, to create an account, access or participate in the Services, you must be a natural person, at least 21 years old, and if you are under the age of 21 you declare that you have the consent of a legal guardian who has reviewed and agreed to these Terms of Service. Failure to comply with this condition will result in the closing of your account and the loss of all Virtual Currency or Virtual Goods acquired through your use of the Services to the extent legally permissible. Access; User Names and Passwords
You may log in to use the Services by using your Facebook account. By using your Facebook account to log in to the Services, you affirmatively consent to our sharing of your actions and data with Facebook. You must have a valid, active Facebook account to use and access the Services.
If you are accessing the Services from a mobile device, you will also need to have an account. You are solely responsible for any such account, and with your compliance with any agreement you may enter with respect to such account. You may need to update third-party software, such as your operating system, from time to time to access the Services. We are not responsible in any way for such third-party software. You are responsible for the device you use to access the Services and the fees to connect to the Internet and application marketplaces or for data or cellular usage to download and use the Services.
You are responsible for maintaining the confidentiality of any password you may use to access the Services, and agree not to transfer your password or user login information ("User Name"), or lend or otherwise transfer your use of or access to the Services, to any third party. You are fully responsible for all interaction with the Services that occurs in connection with your password or User Name. You agree to immediately notify us of any unauthorized use of your password or User Name or any other breach of security related to your account or the Services, and to ensure that you "log off" or exit from your account with the Services (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations, and you agree to indemnify and hold ONKY PTE harmless for any improper or illegal use of any of your ONKY PTE account(s). This includes illegal or improper use by someone to whom you have given permission to use your account(s) or whom you have negligently allowed to access your account(s).
You further represent and warrant that all information you supply to ONKY PTE is complete and accurate. Knowingly submitting incomplete or inaccurate information may result in immediate termination of your participation and forfeiture of any Virtual Currency and Virtual Goods to which you are otherwise entitled, at ONKY PTE 's sole discretion, to the extent legally permissible. Virtual Currency
The Services may include a virtual, in-game currency ("Virtual Currency") including, but not limited to chips, coins, cash, credits, or points, that may be purchased through the Services for "real world" money if you are legally permitted to purchase such Virtual Currency in your country, province, jurisdiction and/or state of residence. The Services may also include virtual, in-game digital items ("Virtual Goods") that may be purchased through the Services for "real world" money (if you are legally permitted to purchase such Virtual Goods in your country, province, jurisdiction and/or state of residence) or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for "real world" money, goods or other items of monetary value from ONKY PTE or any other party. Prices and availability of Virtual Currency and/or Virtual Goods are subject to change without notice. Virtual Currency and/or Virtual Goods may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize. We reserve the right to refuse your request to purchase and/or acquire Virtual Currency and/or Virtual Goods for any reason. Virtual Currency and Virtual Goods may only be held by legal residents of jurisdictions where access to and use of the Services are permitted. Virtual Currency and Virtual Goods may only be purchased or acquired through means specifically authorized by ONKY PTE. When you purchase Virtual Currency, it will reside in your ONKY PTE account until discharged through use of the Services or otherwise surrendered as a result of termination of the Services in accordance with these Terms of Service. In certain circumstances and to facilitate offline play, your Virtual Currency may be stored on your mobile device, and in such instance such Virtual Currency cannot be used from any other source. Virtual Currency stored on a mobile device cannot be transferred to another device.
Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency with the Services, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. ONKY PTE has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion to the extent legally permissible, and ONKY PTE shall have no liability to you or anyone for the exercise of such rights. In addition to the foregoing, ONKY PTE may selectively remove or revoke Virtual Currency and/or Virtual Goods associated with your account.
The transfer of Virtual Currency and Virtual Goods is strictly prohibited. Any attempt to do so is in violation of these Terms of Service and may result in a lifetime ban from the Services and possible legal action.
You understand and agree that all sales of Virtual Currency and Virtual Goods are final and that ONKY PTE is not required to provide a refund for any reason. All Virtual Currency and Virtual Goods are forfeited if your account is terminated or suspended for any reason, in ONKY PTE's sole and absolute discretion, or if the Services are no longer available. To the extent legally permissible, if your account, or a particular subscription for the Service associated with your account, is terminated, suspended and/or if any Virtual Currency and/or Virtual Goods are selectively removed or revoked from your account, no refund will be granted, no Virtual Currency and/or Virtual Goods will be credited to you or converted to cash or other forms of reimbursement. Intellectual Property Ownership
ONKY PTE and its licensors retain all rights in the content within the Services (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, the "Content"). The Content is protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may only use the Content in connection with your use of the Services for personal, noncommercial, entertainment purposes. The Content may not be used by you in any other manner, or for any other purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Content. Any unauthorized use by you of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
Further, by accessing or using the Services, you acknowledge and agree that any name, logo, trademark, brand, or service mark ("Trademarks") used with the Services is owned or licensed by us and may not be used by you without our prior written approval. Nothing contained in the Services should be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without our written consent and/or consent of such third party that owns the Trademarks.
Any communications or materials you transmit to ONKY PTE by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary. ONKY PTE is free to use, reproduce, modify, disclose, transmit or post any ideas, concepts, know-how or techniques contained in any communication you send to ONKY PTE for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any compensation to you or acknowledgment that you were the source of such materials. User Information and Content
By participating on the Site, you agree that the Site (a) may display your name, picture, profile and game records on the Site, and (b) may print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional purposes without compensation.. You agree that you are solely responsible for any content, location information, messages, posts, comments, data, text, images, photographs, videos or other materials that you transmit through the Services ("User Content"). By submitting, transmitting, posting, uploading, or otherwise providing any User Content in connection with the Services, you are granting ONKY PTE a royalty-free, fully paid, non-exclusive, sublicensable, transferable, irrevocable, perpetual, unrestricted, worldwide license to use, publish, transmit, perform, display, store, distribute, reproduce, modify, create derivative works from, and otherwise use any and all user Content for any purpose, including, without limitation, advertising and promotional purposes. No credit, approval or compensation is due to you for any such use of the User Content you may submit.
ONKY PTE reserves the right (but at no time be obligated to), in its sole discretion, remove, block, edit move, disable or permanently delete User Content with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, ONKY PTE shall at no time be liable for the removal, modification, blocking, moving or deletion of User Content.
You further represent and warrant that you own or otherwise control any and all rights in and to the User Content and that public posting of the User Content by ONKY PTE will not infringe or violate the rights of any third party in any manner. You also agree that the User Content shall not include any personal identification, such as email addresses, or other indicia identifying any other person, including, without limitation, celebrities and/or other public or private figures, living or dead, or that is invasive of a person's privacy. Further, the User Content shall not include any of the following:
1. comments or other materials that are sexually oriented, explicit or suggestive or exploit people in a sexual or violent manner;
2. comments or other materials that are violent or derogatory of any ethnic, racial, gender or religious group;
3. comments or other materials that harass or advocate the harassment of another person;
4. comments or other materials that promote the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal;
5. comments or other materials that are false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or
6. comments or other materials that infringe any party's trademark, trade secret, copyright or other proprietary rights.
You acknowledge that we are not responsible for any User Content posted in connection any portion of the Services. We are merely providing access to the Services and User Content as a service to our users to be used in accordance with these Terms of Service. With respect to any User Content posted by other users, such users are solely responsible for the User Content they post, including, without limitation, the reliability, accuracy, and truthfulness of any such User Content. Similarly, we have no control over whether such User Content is of a nature that other users might find offensive, distasteful, or otherwise unacceptable and, accordingly, we expressly disclaim any responsibility for any User Content. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment, and caution in accessing User Content in the Services and in taking any actions based upon such User Content. Accordingly, you will bear all risks associated with any such User Content that you access or use.
We reserve the right, but not the obligation, to monitor and delete any User Content deemed inconsistent with our policies in our discretion. We also reserve the right to terminate the account of any user who violates any of these Terms of Service, including infringement by a user of third-party copyrighted materials, as determined in our sole discretion.
If you are aware of any User Content posted in connection with the Services that violates these Terms of Service, please contact us at [email protected]
. Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Content should be removed. Please note that filing a complaint will not guarantee its removal. We only will remove User Content if we believe the measure is necessary, in our sole discretion. Although we may attempt to monitor User Content, in no event do we assume any particular obligation to do so or liability for failing to either monitor the Site or remove specific User Content. Communication Channels
The Services may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other users of the Services. ONKY PTE is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. ONKY PTE may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by ONKY PTE, and these communications should not be considered reviewed or approved by ONKY PTE. You will be solely responsible for your activities within the Communication Channels and under no circumstances will ONKY PTE be liable for any activity within the Communication Channels.
You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. ONKY PTE is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users. Copyright Notice
ONKY PTE requires our users to respect the intellectual property rights of others. If you are the owner of copyright and you believe that your work has been used in the Services in a way that constitutes copyright infringement, please provide us with a notice. Your notice should contain the following information:
1. a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located in the Services;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner's behalf.
Before you file your notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a notice when there is no infringing use, you could be liable for costs and attorneys’ fees.
Notice of claims of copyright or other intellectual property infringement can be reached as follows:
ONKY PTE. LTD.