JUMPFALL.IO EDITOR TERMS AND CONDITIONS OF USE
These JumpFall.io Editor Terms and Conditions of Use (these “Terms”) set forth the conditions for the use of the level editor service (the “Editor”) provided to users of the Editor (“Users”).
1. Definitions
The following terms shall have the meanings set forth below when they are used in these Terms:
1.1. “Account” means the character string or other symbols to identify each User issued by JUMPFALL at the time when the Editor starts to be used.
1.2. “Separate Terms” means terms and conditions separate from these Terms that pertain to the Editor and that have been released or uploaded by JUMPFALL under names such as “terms,” “guidelines” or “policies.”
1.3. “content” means text, sounds, music, images, videos, software, programs, computer code and other information.
1.4. “Content” means content that may be accessed through the Editor.
1.5. “Submitted Content” means any content that Users have submitted, transmitted or uploaded on or to the Editor, including images, levels design, game mechanics, scripts, characters, texts etc.
2. Agreement to These Terms
2.1. All Users shall use the Editor in accordance with these Terms. Users may not use the Editor unless they agree to these Terms.
2.2. Users who are minors may only use the Editor by obtaining prior consent from their parents or legal guardians. Furthermore, if Users will be using the Editor on behalf of, or for the purposes of, a business enterprise, then such business enterprise must also agree to these Terms prior to using the Editor.
2.3. If there are Separate Terms applicable to the Editor, Users shall also comply with such Separate Terms as well as these Terms in using the Editor.
3. Modification to These Terms
JUMPFALL may modify these Terms when JUMPFALL deems it to be necessary within the scope of the purposes of the Editor. In such case, JUMPFALL will indicate the content of the modified version of Terms, as well as the effective date of the modification, on the Editor or on JUMPFALL website, or will publicize the same to Users by notifying Users in the manner prescribed by JUMPFALL. The modified version of Terms shall become effective as of the effective date thereof.
4. Account
4.1. When using the Editor, Users need to set up an Account by registering certain information. Users must register true, accurate and complete information, and must revise the same to keep such information up-to-date at all times.
4.2. If Users register any authentication information when using the Editor, they must exercise due care in handling such information at their own responsibility to ensure that such information is not used in an unlawful manner. JUMPFALL may treat any and all activities conducted under the authentication information as activities that have been conducted by the User with whom the authentication information is registered.
4.3. JUMPFALL reserves the right to delete any Account that has been inactive for a period of one (1) year or more since its last activation, without any prior notice to the applicable User.
4.4. Any and all rights of a User to use the Editor shall cease to exist when such User’s Account has been deleted for any reason. Please take note that an Account cannot be retrieved even if a User has accidentally deleted his/her Account.
5. Privacy
5.1. JUMPFALL shall manage all personal information pertaining to the Editor.
5.2. JUMPFALL places its top priority on the privacy of its Users.
5.3. JUMPFALL will appropriately handle privacy information and personal information of Users.
5.4. JUMPFALL promises to exercise the utmost care and attention to its security measures to ensure the safe management of any and all information collected from Users.
6. Provision of the Editor
6.1. Users shall supply PCs, mobile phone devices, smartphones and other communication devices, operating systems, communication methods and electricity, etc. necessary for using the Editor at their own responsibility and expense.
6.2. JUMPFALL reserves the right to limit access to all or part of the Editor by Users depending upon conditions that JUMPFALL considers necessary, such as the age and identification of Users, current registration status, and the like.
6.3. JUMPFALL reserves the right to modify, at JUMPFALL’s discretion, all or part of the Editor anytime as JUMPFALL determines necessary, anytime without any prior notice to Users.
6.4. JUMPFALL may cease to provide all or part of the Editor without any prior notice to Users in case of the occurrence of any of the following:
6.4.1 When conducting maintenance or repair of systems;
6.4.2 When the Editor cannot be provided due to force majeure such as an accident (e.g., fire, power outage, etc.), act of God, war, riot, labor dispute;
6.4.3 When there is system failure or heavy load on the system;
6.4.4 When securing the safety of Users or third parties, or in the case of an emergency for public welfare; or
6.4.5 When JUMPFALL reasonably determines it to be necessary, other than those set forth in items 6.4.1 to 6.4.4 above.
7. Advertisements
JUMPFALL reserves the right to post advertisements for JUMPFALL or a third party on the Editor, Content and Submitted Content, including game levels created in Editor.
8. Third-Party Services
The Editor may contain services or content provided by third parties other than JUMPFALL. Such third parties shall bear any and all responsibility regarding such services and/or content. Furthermore, there may be terms of use or other terms and conditions provided by such third party which are applicable to such services and Content.
9. Content
9.1. JUMPFALL grants Users a non-assignable, non-transferable, and non-exclusive license to use the Content provided by JUMPFALL, solely for the purpose of using the Editor.
9.2. Users shall abide by the conditions applicable thereto when using any Content which is subject to conditions of use. JUMPFALL shall remain the owner of all intellectual property rights as well as other rights in the Content offered to Users by JUMPFALL, and such rights shall not be transferred to Users. Users will only be granted usage rights as set forth above.
9.3. Users shall not use any Content beyond the scope of the intended use of the Content in the Editor (including, without limitation, acts of copying, transmitting, reproducing, and modifying).
9.4. If Users wish to back-up all or part of the Submitted Content, they will need to do so themselves. JUMPFALL will not undertake the obligation of backing up any of the Submitted Content.
9.5. The Editor may include functions where multiple Users may edit content (e.g., posting, correction and deletion). In such case, a User who posted his/her Submitted Content shall grant other Users the right to edit such Submitted Content.
9.6. If the User creates, disseminates, exchanges, sends, transfers, publishes or uploads any Submitted Content, it shall automatically grant the user rights described below to JUMPFALL, without the need for JUMPFALL to obtain permission or pay for the Submitted Content:
9.6.1. Through the dissemination, exchange, sending, transfer, publication, uploading or public disclosure of the Submitted Content, the User shall grant JUMPFALL the global, free-of-charge, non-time-limited, irrevocable, non-exclusive and fully sub-licensable right to copy, distribute, publish, modify, translate, archive and store the Submitted Content generated by the User and to create edits of it in any form and format and in currently available and hereafter developed media. The User shall waive any moral rights which it holds to the Submitted Content generated by the user.
9.6.2. Through the distribution, exchange, sending, transfer, publication and uploading of the Submitted Content generated by the User, the User shall otherwise acknowledge that other users may use the generated Submitted Content. JUMPFALL shall not be liable for the actions of other users which may infringe rights to the generated Submitted Content. In the case of disputes with other users, the User himself shall be responsible for contacting the affected users asserting any claims.
9.6.3. The User shall grant JUMPFALL a free-of-charge user license for all Submitted Content which he creates or shares during his use of Editor on an open-ended basis, in perpetuity, irrevocably, without restriction or limitation, for all currently available or hereafter designed devices, formats or forms, which can be granted, transferred, leased, published, or publicly and globally displayed for all objects or devices in the form of a license. This license shall primarily cover the rights to copy, alter, reproduce in part or in full, modify, develop, translate, use for any Submitted Content, incorporate into other works, exclude in part or in full from elements and/or the addition of elements, and the deletion, publication, distribution, sale or commercialization thereof.
9.7. JUMPFALL may check and confirm the content of the Submitted Content by Users to the extent permissible under the laws and regulations, when it is necessary for JUMPFALL to confirm compliance with the related laws and regulations or the provisions set out in these Terms, etc.; provided, however, that JUMPFALL is not obligated to conduct such confirmation.
9.8. If JUMPFALL believes that a User has violated or may violate any applicable laws or regulations or the provisions of these Terms in relation to the Submitted Content, or when otherwise reasonably necessary for JUMPFALL business, then JUMPFALL reserves the right to preclude such User’s use of the Editor in certain manners such as deleting the Submitted Content, without providing prior notice to the User.
10. Restricted Matters
JUMPFALL prohibits Users from engaging in any of the following acts when using the Editor:
10.1. Acts that violate the laws and regulations, court verdicts, resolutions or orders, or legally binding administrative measures;
10.2. Acts that may be in violation of public order, morals or customs;
10.3. Acts that infringe intellectual property rights such as copyrights, trademarks and patent rights, rights to fame, privacy and all other rights granted by law or by a contract with JUMPFALL and/or a third party;
10.4. Acts of posting or transmitting: excessively violent or explicitly sexual expressions; expressions that amount to child pornography or child abuse; expressions that lead to discrimination by race, national origin, creed, gender, social status, family origin, etc.; expressions that induce or encourage suicide, self-injurious behavior or drug abuse; or expressions that include anti-social content and lead to the discomfort of others;
10.5. Acts that lead to the misrepresentation of JUMPFALL and/or a third party or that intentionally spreading false information;
10.6. Acts of sending the same or similar messages to a large, indefinite number of Users (except for those approved by JUMPFALL), or other acts that JUMPFALL deems as spamming;
10.7. Acts of exchanging the right to use the Editor or the Content into cash, property or other economic benefits, other than by using the method prescribed by JUMPFALL;
10.8. Acts of using the Editor for sales, marketing, advertising, solicitation or other commercial purposes (except for those approved by JUMPFALL); using the Editor for the purpose of sexual conduct or obscene acts; using the Editor for the purpose of meeting or engaging in sexual encounters with an unknown third party; using the Editor for the purpose of harassment or libelous attacks against other Users; or otherwise using the Editor for purposes other than as intended by the Editor;
10.9. Acts that benefit or involve collaboration with anti-social groups;
10.10. Acts that are related to religious activities or invitations to certain religious groups;
10.11. Acts of unauthorized or improper collection, disclosure or provision of any other person's personal information, registered information, user history, or the like;
10.12. Acts of interfering with the servers and/or network systems of the Editor; fraudulently manipulating the Editor by means of bots, cheat tools or other technical measures; deliberately using defects of the Editor, making unreasonable inquires and/or under claims such as repeatedly asking the same questions beyond what is necessary, and other acts of interfering with or hindering JUMPFALL's operation of the Editor or other Users’ use of the Editor;
10.13. Acts of decoding the source code of the Editor, such as by way of reverse engineering, disassembling or the like, for unreasonable purposes or in an unfair manner;
10.14. Acts that aid or encourage any acts stated in Clauses 10.1 to 10.13; and
10.15. Acts other than those set forth in Clauses 10.1 to 10.14 that JUMPFALL reasonably deems to be inappropriate.
11. User Responsibility
11.1. Users shall use the Editor at their own risk, and shall bear any and all responsibilities for actions carried out under and the results from the use of the Editor.
11.2. JUMPFALL may suspend the use of all or any part of the Editor, suspend or delete Accounts, cancel any agreement between a User and JUMPFALL with respect to the Editor (including, without limitation, any agreement based on these Terms, hereinafter the same) or take any other measure JUMPFALL reasonably determines to be necessary and appropriate, without prior notice to such User, in the case that such User falls under or there is a possibility that such User falls under any of the following items:
11.2.1 A User is in breach of applicable laws and regulations, these Terms or any Separate Terms;
11.2.2 A User is a member of an anti-social group or a related party thereof;
11.2.3 A User tarnishes JUMPFALL’s credibility by spreading false information, using fraudulent means or force, or other unlawful means;
11.2.4 A User is subject to a petition for attachment, provisional attachment or auction procedures such as bankruptcy, civil rehabilitation or similar procedures are commenced; or JUMPFALL otherwise reasonably deems that there is uncertainty with respect to User’s credibility; or
11.2.5 The relationship of trust with a User is lost or JUMPFALL otherwise reasonably determines that would not be appropriate for JUMPFALL to provide the Editor to User, due to reasons other than as set forth in items 11.2.1 to 11.2.4.
11.3. In the case where JUMPFALL suffers loss/damages either directly or indirectly (including, without limitation, attorney fees) due to a User’s use of the Editor (including, without limitation, cases where JUMPFALL receives a complaint from a third party due to such use), the User shall immediately compensate JUMPFALL for such loss/damage in accordance with JUMPFALL’s request.
12. NO WARRANTY
JUMPFALL SHALL PROVIDE NO WARRANTY, EITHER EXPRESSLY OR IMPLIEDLY, WITH RESPECT TO THE EDITOR (INCLUDING THE CONTENT), THAT THERE ARE NO DEFECTS (INCLUDING, WITHOUT LIMITATION, FAULTS WITH RESPECT TO SECURITY, ETC., ERRORS OR BUGS, OR VIOLATIONS OF RIGHTS) OR AS TO THE SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, EFFECTIVENESS AND FITNESS FOR A PARTICULAR PURPOSE. JUMPFALL WILL IN NO WAY BE RESPONSIBLE FOR PROVIDING USERS WITH THE EDITOR AFTER DELETING SUCH DEFECTS.
13. JUMPFALL'S LIMITATION OF LIABILITY
JUMPFALL WILL NOT BE LIABLE FOR ANY DAMAGE INCURRED BY USERS ARISING FROM THE USE OF THE EDITOR.
14. Notification and Contact
14.1. For notifications from JUMPFALL to Users regarding the Editor, JUMPFALL will use a method that JUMPFALL considers appropriate, such as posting in an appropriate place within the Editor or on JUMPFALL’s website.
14.2. For notifications from Users to JUMPFALL regarding the Editor, Users shall use the customer inquiry form available on the Editor or on JUMPFALL’s website, or through other means designated by JUMPFALL.
End
Established on December 4, 2022
