Terms of Service

 These terms of service (“Terms”, “Agreement”) apply to your access and use of Game Dev Inc.(“Game Dev”)’s games, websites and other services (the “Service”). Please read them carefully.

Accepting these Terms

If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don’t agree to all of the terms below, please do not use the Service.

You agree that you are over 13 years old and that if you are between 13 and 18 years old, you legal guardian(like parents) has reviewed and agrees to these terms.

This Agreement sets forth the legally for your use of the Service that are made available via the Apple App Store, Google Play, Amazon Appstore, Facebook and/or any related services related to our games.

Also, if a term does not make sense to you, please let us know.

Changes to these Terms

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Service at any time. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Service or discontinue any use of the Service immediately.

Accounts

When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.

You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).

You acknowledge and agree that you shall have no ownership or other property interest in any account that you create using any of our services. We may suspend, terminate, modify or delete any of these accounts at any time for any reason or no reason, with or without notice to you.

If you discover or suspect any Service security breaches, please let us know as soon as possible.

Virtual Goods and Virtual Money

Our Games may include virtual currencies such as coin and gems (“Virtual Money”) or items or services for use with our Games (“Virtual Goods”). If you are over 18 years old you may be able to buy Virtual Goods or Virtual Money. You agree that once purchased Virtual Money and Virtual Goods have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods only from us, and not from any third party. You agree that Virtual Money and Virtual Goods are not transferable to anyone else and you will not transfer or attempt to transfer any Virtual Money or Virtual Goods to anyone else.

The balance of virtual goods or virtual currency does not contain real value. The user agrees that the sales of all virtual currencies and goods are final and that the company does not make refunds once the transactions are complete. When a user purchases virtual goods or currencies from the company, the delivery of goods will be carried out as soon as the purchase is complete and thus, the user agrees that they forfeit the right to withdraw and cancel since they have already received the benefits of the relevant virtual goods and/or currencies.

The company may manage, regulate, change or remove the contents of all virtual currencies or goods without being held liable by the user.

When the company stops or terminates the user’s account without limits to its contents according to the Terms and Conditions of the company, the user will lose all of the virtual currencies and goods they hold and the company will not make a refund and compensate for the loss.

Refund Policy

You can request for a purchase withdrawal if you have purchased any virtual goods or currencies in cash within the last 7 days and if they are completely unused. If you have purchased them within the last 7 days but have used up part of them, then you can no longer request for a purchase withdrawal.

Moreover, if you have received any additional virtual goods together with those purchased and part of such additional virtual goods have been used up, you are no longer able to request for a purchase withdrawal.

In addition, if you have received any virtual goods or currencies as a gift, you cannot request for a purchase withdrawal for these or exchange them for cash.

Purchase withdrawals can be made through our customer service (cs@Game Dev.com) and it will be returned to the same method you used to make the payment. When processing your purchase withdrawal request, the virtual goods and currencies will be collected, however, please understand that the time of refund will differ according to the payment method used.

However, if there was a fault with the virtual goods and currencies you received, you can make a purchase withdrawal request within the 3 months of their purchase, or within the 30 days from the date you knew or could know about the fault, whichever comes first.

Your Content & Conduct

​Our Service may allows you and other users to post, link and otherwise make available content. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.

When you post, link or otherwise make available content to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service. We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself.

Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Service.

You can remove the content that you posted by deleting it. Once you delete your content, it will not appear on the Service, but copies of your deleted content may remain in our system or backups for some period of time. We will retain web server access logs and then delete them.

You may not post, link and otherwise make available on or through the Service any of the following:

Content that is libelous, defamatory, bigoted, fraudulent or deceptive;

Content that is illegal or unlawful, that would otherwise create liability;

Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;

Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;

Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM);

Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and Viruses, corrupted data or other harmful, disruptive or destructive files or code.

Also, you agree that you will not do any of the following in connection with the Service or other users:

Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;

Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;

Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;

Create an account or post any content if you are not over 13 years of age years of age; and Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.

Intellectual Property

We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. We grant you the right to use it.

However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Service.

Hyperlinks and Third Party Content

You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.

Game Dev makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.

If there is any content on the Service from you and others, we don’t review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

Third-Party Services

​From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

Privacy Policy

For information about how we collect and use information about users of the Service, please check out our privacy policy available at https://marbleshooterios.blogspot.com/2021/01/privacy-policy.html

Unavoidable Legal Stuff

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

IN NO EVENT WILL Game Dev BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO [DEVELOPER NAME]. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

Limitation Of Liability

In no event shall Game Dev, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Service, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arising from your violation of any third-party’s rights.

Warranty Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Game Dev, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Limited License

Game Dev grants you a non-exclusive, non-transferable, limited license to use the Service in accordance with this Agreement.

Copyright Complaints

We take intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and, at our sole discretion, access to the service for users who are deemed to be repeat infringers.

Governing Law

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Gyeonggi-do, Republic of Korea, without giving effect to any principles of conflicts of law.

Termination

We may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Entire Agreement

These Terms constitute the entire agreement between you and Game Dev regarding the use of the Service, superseding any prior agreements between you and Game Dev relating to your use of the Service.

Feedback

Please let us know what you think of the Service, these Terms and, in general, Games. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, Games, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.

Subscriptions

1.    Some parts of the Service are billed on a subscription basis (“Subscription(s)”). Subscription provides access to dynamic content or services from within the Game on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Game (“Subscription Period”). Payment will be taken from Your iTunes or Google Play account (“Account”) when You confirm the Subscription by available confirmation tools of the Game.

2.    Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in the Game. If You do not cancel the Subscription within such period, Subscription Fee shall be taken from Your Account when the trial period expires. Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the seven-days trial period.  You may cancel a subscription during its free trial period using the Subscription setting of Your Account. PG can not cancel your free-trial subscription if it has already been activated.

3.    Subscription is automatically renewable, unless You turn off it at least 24 hours before the expiry of the current Subscription. Subscription Fee shall be taken from Your Account during 24 hours preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken from Your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, Your Subscription is automatically cancelled.

4.    Once You have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your Account setting. You cannot cancel Your current Subscription if it has already been activated.

5.    Except when required by law, paid Subscription Fees are non-refundable.

6.    Game Dev in its sole discretion and at any time may modify the Subscription Fee. Any Subscription Fee change will become effective at the end of the current Subscription period. You will be provided a reasonable prior notice of any change in Subscription Fee. If You do not take action to agree to the increase in Subscription Fee, Your Subscription shall expire at the end of the current Subscription period.

7.    You acknowledge and agree that all billing and transaction processes are handled by App Store or Google Play, from which platform You downloaded the App, and are governed by their terms and conditions. If You have any payment related issues, then You need to contact App Store or Google Play directly.

MISCELLANEOUS

Changes to this Agreement

This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Games. Continued use of our Games following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this webpage from time to time to ensure you are aware of any changes.

Severability

If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Entire Agreement

This Agreement is the final, complete and exclusive agreement between you and PG with respect to the subject matters hereof (including all Games) and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior End-User License Agreements and Terms of Service or Privacy Policy). Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Your relationship to PG is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without PG’s prior written consent, and any attempted assignment in violation of the foregoing will be null and void. PG may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement shall be binding upon assignees.

APPLE APPLICATION STORE ADDITIONAL TERMS AND CONDITIONS

The following additional terms and conditions apply to you if you are using a Game from the Apple Application Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 10, the more restrictive or conflicting terms and conditions in this Section 10 apply, but solely with respect to Games from the Apple Application Store.