Terms of service

 

Everyone, MondayOFF!

The Terms of Service (the “Terms” or “Agreement”) are a legally binding agreement between our company and its Affiliates (collectively, “MondayOFF”, “we” or “us” or “our”) and you (“You” or “Your”) with respect to your use of or access to MondayOFF’s mobile or web applications, games, websites, and/or any other services owned, operated and published by MondayOFF (collectively, the “Services”). Affiliates shall mean subsidiaries, parent companies, joint ventures and other organizations or entities under common ownership with our company.

PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND MONDAYOFF (AS DEFINED ABOVE). BY DOWNLOADING, INSTALLING OR ACCESSING ANY OF OUR APPLICATIONS AND USING IT IN CONNECTION WITH SERVICES PROVIDED BY US, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE.

In addition to this Agreement, the MondayOFF privacy policy (the “Privacy Policy”) applies to your use of or access to the Services, and you should review it prior to any use of or access to the Services. Your use of or access to the Services is strictly subject to these Terms as may be updated from time to time.

1. Change To The Terms And Services

MondayOFF reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post these Terms as modified or otherwise provide you with notice of the modification. By continuing to access or use our Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If at any point you do not agree to any portion of the then-current version of our Terms, the Privacy Policy, or any other MondayOFF policies, or other codes of conduct relating to your use of or access to the Services, your use of or access to the Services shall immediately terminate. You agree that MondayOFF may change any part of the Services, including its content, at any time or discontinue the Services or any part thereof, without notice to you and without liability.

2. No Unlawful or Prohibited Use

Subject to your continuous compliance with the Terms, the Privacy Policy, or any other MondayOFF policies, or other codes of conduct, you can access and use our services.

MondayOFF expressly reserves the right to deny anyone access to the Services at any time for any reason with or without notice. You agree that MondayOFF may cease providing the Services or change the content of the Services at any time for any reason with or without notice to you without liability.

YOU MUST BE THIRTEEN (13) YEARS OF AGE OR OLDER TO USE THE SERVICES. Additionally, if you are using or accessing the Services from a jurisdiction that requires a person to be older in order to participate legally in the Services, then you represent and undertake that you are of such legal age. MondayOFF reserves the right to request proof of age at any stage to verify that persons not of legal age are not using or accessing the Services. You accept full responsibility for any unauthorized use of our Services by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors.

As to users of some specific games that may be subject to requirements of applicable laws or regulations, you hereby explicitly consent that we may verify your personal details (including but not limited to your name, your physical address where you reside, your date of birth and identification number, your nationality) and that we may use location-based tracking to detect your geographic location, for the purpose of confirming the legality of your use of or access to the Services.

As to users of some specific games that may be subject to requirements of applicable laws or regulations, you hereby explicitly consent to MondayOFF performing background checks on you for any reason, including but not limited to, any investigation into your identity, credit checks performed on you, or your personal history. MondayOFF shall be under no obligation to advise you of such an investigation taking place. Such activities may include the use of specific third party companies who perform the investigations as required. MondayOFF may decide, in its sole discretion, to block your account on the basis of such an investigation.

You represent that you are of legal age in the jurisdiction where you reside or from where you are accessing or using the Services, that you are of sound mind and capable of taking responsibility for your own actions. You represent that all details provided by you to MondayOFF at any time are true, current, correct, complete, and not misleading. You agree to use the MondayOFF site and Services in good faith for entertainment purposes and in complete accordance with these Terms, as each may be amended from time to time, and shall abide by all rules and instructions for playing the games and other entertainment that comprise the Services.

You shall not use the Services if you are barred from using or accessing them in the jurisdiction in which you are resident or from where you use or access the Services.

3. Register Account

You may be required to register an account in order to use the Services. You agree to provide accurate and complete registration information, and you will be responsible for keeping your password confidential. You agree not to disclose your password to any third party or to allow any third party to use your account, and you agree to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.

You shall not create an account using a false identity or information, or on behalf of someone other than yourself. MondayOFF reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

You are liable for any losses or damages incurred by MondayOFF or any third party as a result of someone else using your account. In the event of theft, unauthorized use, or any other breach of security on your account, you must notify MondayOFF in writing immediately.

You are responsible for any and all activities that occur under or in connection with your account created in order for you to use the Services.

4. Privacy Policy

To provide the Services, we need information about you, and we only use your information where we have a legal basis to do so. Please refer to our Privacy Policy to help you understand what information we process and how we use it and what choices you have when you use our Services.

5. Your Obligations

You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, MondayOFF or other users, and that you shall not act in bad faith in your use of the Service. If MondayOFF determines that you do act in bad faith in violation of these Terms, or if MondayOFF determines that your actions fall outside of reasonable community standards, MondayOFF may, at its sole discretion, make adjustments to the Virtual Items associated with your account, terminate your account and/or prohibit you from using the Service. By way of example, you specifically agree that you shall not:

(1) You agree not to access our Services in an unauthorized manner.

(2) You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, or instructions as outlined in these Terms of Service and you will not encourage or enable any other individual to do so.

(3) You agree not to harass or threaten other players.

(4) You agree not to use any harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language.

(5) You agree not to conduct any unlawful chats, messaging, and similar communication content while using the Services.

(6) If asked by a member of MondayOFF to stop or change a behavior or action, you will do so.

(7) You agree not to cheat, hack or make any attack on the server in any way.

(8) You agree not to transmit or make available in the Services or Site any advertising, promotional materials or any other forms of solicitation.

(9) You agree not to use our Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms.

(10) You agree not to create an account for anyone other than yourself.

(11) You agree not to transmit any material that contains viruses, worms, traps or malicious computer code.

(12) You agree not to disrupt the normal flow of the application and dialogue, or otherwise act in a manner that negatively affects other people’s ability to use the Services.

(13) You agree not to abuse, exploit, distribute or publicly inform other users of a bug, glitch, game error or mechanism on the Service which gives users an unintended advantage.

(14) You agree not to collect, process or store personal data about other people using the Services.

(15) You agree not to impersonate or misrepresent your affiliation with any person or entity.

(16) You agree only to use your own credit card with the Services.

(17) You agree not to use any MondayOFF trademark, service mark or company name, or any variation or misspelling thereof.

(18) Any other actions that may adversely affect the company's provision of services to users

MondayOFF will have the right to investigate and prosecute violations of any of the above, including Intellectual Property Rights infringement and Services security issues, to the fullest extent of the law. MondayOFF may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

We may directly terminate or suspend your access to the Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms of Service; (b) we suspect fraud, cheating, or misuse by you; or (c) we suspect any other unlawful activity associated to your behavior under mobile application.

6. MondayOFF Content Licence

All materials that are part of the Services (including, but not limited to, games, applications, code, themes, maps, character, stories, concept, animation, artwork, effect, methods of operation, transcript, designs, text, graphics, pictures, video, information, applications, software, music, brand, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. The entire contents of the Services are copyrighted under the South Korea copyright laws and/or similar laws of other jurisdictions.

You agree that no materials that are part of the Services may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without MondayOFF’ express prior written permission, except that the foregoing does not apply to your own User Content (as defined below). All other uses of copyrighted material, including any derivative use, require express prior written permission from MondayOFF. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.

MondayOFF and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by MondayOFF. You acknowledge that you do not acquire any ownership rights by using the Services or by accessing any materials posted on the Services by MondayOFF, or any derivative works thereof.

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 MondayOFF game client, and the MondayOFF game clients and server software) are owned by MondayOFF. MondayOFF reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

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 MONDAYOFF OR ITS ASSIGNEES.

7. User Content

The Service may include various forums, blogs, and chat rooms where you and other users can post your observations and comments on designated topics. MondayOFF cannot guarantee that other users 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 do not post it on the Service.

MONDAYOFF IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS.

MondayOFF may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by MondayOFF, and these communications should not be considered reviewed or approved by MondayOFF. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Content and you agree that MondayOFF will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.

By making available any User Content on or through our Services, you hereby grant to MondayOFF a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of our Services. MondayOFF does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available on or through our Services. Accordingly, you represent and warrant that: you either are the sole and exclusive owner of all User Content that you make available on or through our Services or you have all rights, licenses, consents and releases that are necessary to grant to MondayOFF the rights in such User Content as contemplated under these Terms; and neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or MondayOFF’s use of the User Content (or any portion thereof) on, through or by means of our Services will infringe, misappropriate or violate any third party's Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

8. Virtual Currencies/Goods

The Services may include an opportunity to earn and purchase virtual, in-game currency, including but not limited to virtual coins, points and credits (collectively, “Virtual Currency”) that may require you to pay a fee using lawful currency or “real money” to obtain the Virtual Currency. The Services may also include virtual, in-game digital items (collectively, “Virtual Goods”) that may be purchased from MondayOFF with “real money” or with Virtual Currency. Virtual Currency and Virtual Goods can never be redeemed for lawful currency, goods, or any other item of monetary value from MondayOFF or any other party. You acknowledge and agree that Virtual Goods or Virtual Currency are licensed to you for your use through the Services and are subject to applicable laws and rules, the Terms, and limitations and terms set out in each game.

Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable, or transferable, unless required by law. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside of the Services. These transfers are strictly prohibited, and we shall not be liable for any claims or damages suffered by the users with respect to Virtual Currency or Virtual Goods purchased or obtained from any third party. Doing so is a violation of the Terms and may result in termination of your account with the Services and/or legal action taken against you.

MondayOFF retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods and services are subject to change without notice.

YOU ACKNOWLEDGE AND AGREE THAT MONDAYOFF IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, IN THE EVENT OF A REFUND AS REQUIRED BY APPLICABLE LAWS, THE TERMS AND CONDITIONS OF THIRD-PARTY PAYMENT PROCESSOR WILL APPLY AND ANY RELATED FEES SHALL BE BORNE BY YOU; AND THAT YOU WILL NOT RECEIVE LAWFUL CURRENCY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY AND VIRTUAL GOODS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

9. Orders & Payments

You agree that if you are under the age of whatever is the age of legal majority where you access the services, you may make payments only with the involvement of your parent or guardian, and you represent that your parent or guardian has read, understood, and agreed to these terms.

You expressly consent to the making available of Virtual Items immediately upon acceptance of your order. You expressly agree and understand that if you order limited licenses to Virtual Items from us, your right of withdrawal is forfeited upon acceptance as performance begins immediately on acceptance. You acknowledge and accept that the purchase of digital items in the game (such as virtual currency, extra lives, additional play time, add-on items, and characters) is processed by third-party billing systems (including but not limited to Google Play and App Store). Accordingly, we are not able to provide bills or invoices relating to such transactions; however, you may view the orders and records through the corresponding third-party billing platform.

10. Delivery of Digital Content and Apparel/Accessories Products

10.1 Digital content will be delivered immediately to your game account or inventory upon successful payment. Apparel and accessories products will be delivered to the specified shipping address upon successful payment.

10.2 The delivery of digital content will occur immediately, while the delivery of apparel and accessories products will be processed within 14 days for general products, and up to approximately 30 business days for hand-made items.

10.3 If any issues arise regarding the delivery of apparel or accessories products, please contact our customer support team.

10.4 For more details, please refer to our Shipping Policy.

11. Exchange and Refund Policy

11.1 Digital content is delivered immediately upon purchase, and as such, refunds will not be issued once the item has been used in any way. If you wish to request an exchange or refund without using the product, you must first contact our customer support team through the in-game or website support.

11.2 Apparel and accessories products are eligible for refunds only if they are defective. Specifically, for on-demand products, exchanges and refunds are limited in cases of change of mind. If the product is defective, the customer can request a refund within [30] days from the date of receipt by contacting our customer support team.

11.3 To return a product for exchange or refund purposes, the product must be unused and returned in its original packaging.

11.4 For more details, please refer to our Exchange and Refund Policy.

12. Chat and Interactions between Users

You may be able to chat through our Services (“Chat”). MondayOFF advises you to exercise caution and good judgment when using the Chat feature. We do not generally monitor, review, or moderate your Chat logs. Once you complete and submit your Chat on or through our Services, you should not expect to be able to go back and edit your Chat log, nor should you expect us to make modifications to or deletions of your Chat on your behalf. You should be aware that you could be held legally responsible for damages to someone’s reputation if your Chat is deemed defamatory. Without limiting any other terms or conditions of these Terms, MondayOFF may, but is under no obligation to, monitor or censor Chat and disclaims any and all liability relating thereto. The following objectionable content and behaviors are prohibited while you use our Chat:

(1) Any Chat that sexualizes minors, including but not limited to promoting pedophilia or inappropriate interaction targeted at a minor (e.g. groping or caressing).

(2) Any Chat that contains or promotes sexual content or profanity, including pornography, or any content or services intended to be sexually gratifying.

(3) Any Chat that promotes violence, or incites hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic associated with systemic discrimination or marginalization.

(4) Any Chat related to terrorism, such as content that promotes terrorist acts, incites violence, or celebrates terrorist attacks.

(5) Any Chat that lacks reasonable sensitivity towards, or capitalizes on, a natural disaster, atrocity, conflict, death, or other tragic event unless that content has EDSA (Educational, Documentary, Scientific, or Artistic) value or intends to alert users to or raise awareness of the sensitive event.

(6) Any Chat that contains or facilitates threats, harassment, or bullying.

(7) Any Chat that could cause discomfort or offense to other users beyond the items listed above.

Notwithstanding the foregoing, MondayOFF reserves the right, at its sole discretion, to remove any Comments that it deems improper, inappropriate, or inconsistent with the online activities permitted under these Terms. Additionally, if you continue to chat in violation of the Terms, MondayOFF can ban your chat function or terminate your account.

13. Violations

MondayOFF reserves the right to terminate your use of the Services, mobile application and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Services, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Services in accordance with the terms and provisions of Privacy Policy of MondayOFF. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Service, furnished Company with false or misleading information, or interfered with use of the Site or the Services by others.

14. Disclaimers

Our Services, MondayOFF Content, and User Content are provided as is, without warranty of any kind, either express or implied. Without limiting the foregoing, MondayOFF explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. MondayOFF makes no warranty that our Services, MondayOFF Content or User Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. MondayOFF makes no warranty regarding the quality of any products, services or content purchased or obtained through our Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through our Services. No advice or information, whether oral or written, obtained from MondayOFF or through our Services, MondayOFF Content or User Content, will create any warranty not expressly made herein.

You hereby acknowledge that by using the Site or the Services that you do not acquire any property rights whatsoever in the Site, Services, Game Data (as defined below), or any status within the Site and Services. To play games created by the Company requires the creation and retention of electronic files, including without limitation player characters, accounts, in-game virtual currency, statistics, user profiles, etc. ("Game Data"), which are stored by the Company. While keeping Game Data safe is a priority of the Company, note that Company shall not have any liability for the loss of any Game Data for any reason whatsoever.

Specifically, regarding all MondayOFF virtual in-game currencies, YOU HEREBY ACKNOWLEDGE THAT BY PURCHASING OR OTHERWISE OBTAINING IN-GAME CURRENCIES YOU DO NOT ACQUIRE ANY PROPERTY RIGHTS WHATSOEVER IN THE IN-GAME CURRENCIES. MONDAYOFF IN-GAME CURRENCIES ARE GAME DATA THAT ARE INTEGRAL TO MONDAYOFF PROVIDING ENTERTAINMENT SERVICES TO ITS USERS.

15. Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of our Services, MondayOFF Content, and User Content therein remains with you. Neither MondayOFF nor any other party involved in creating, producing, or delivering our Services or MondayOFF Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, arising out of or in connection with these terms or from the use of or inability to use our Services or content therein, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not MondayOFF has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that MondayOFF is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, MondayOFF will have no liability to you or to any third party for any User Content or third-party content uploaded onto or downloaded from or through our Services.

16. Indemnification

You agree to indemnify MondayOFF for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including but not limited to all attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

17. Trademark

All trademarks, service marks, logos, trade names and any other proprietary designations of MondayOFF or our licensors used in association with the Services are trademarks or registered trademarks of MondayOFF or our licensors.

18. Dispute Resolution and Governing Law

If a dispute arises between you and MondayOFF, we strongly encourage you to first contact MondayOFF(support@mondayoff.me) directly to seek a resolution. You agree that all disputes between you and MondayOFF shall be governed by the laws of South Korea by Seoul Central District Court without regard to conflict of law provisions, and you agree to submit to the jurisdiction of such court.

19. Severability

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.

20. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without MondayOFF’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MondayOFF may freely assign these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

21. Force Majeure

MondayOFF shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of MondayOFF, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond MondayOFF’ control such as war, terrorism, embargoes, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, pandemic, energy, labor or materials.

22. General

BY USING THE SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

If you have any questions about these Terms, please contact us by sending an email to help-shop@mondayoff.me