Terms of Service

	
Accepting the Terms
The terms of this agreement (“Terms of Service” or “Terms”) govern the relationship between you and Rootnstudio Ltd. a South Korea company with a registered address 304, La vie a JEJU, 172, Donnaeko-ro, Seogwipo-si, Jeju-do, Republic of Korea; and its affiliates (hereinafter “Rootnstudio” or “Us” or “We”) regarding your use of Rootnstudio’s games, websites and related services (the “Service”). Use of the Service is also governed by Rootnstudio’s Privacy Policy.

By accessing or using the Service, including browsing any Rootnstudio website or accessing a game, you agree that you have read, understood, and accepted to be bound by the Terms. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms representing and on behalf of you.

Rootnstudio reserves the right, in its sole discretion, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the Terms, do not use the Service. Users are responsible for periodically viewing the Terms. Your continued use of the Service after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service and cancel any accounts you have made using the Service.

Some of Rootnstudio games may be described as a “free game” within the description page of App marketplaces. You may download and play such games free of charge, but they may charge real money for additional game content.

License

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Rootnstudio policies, Rootnstudio grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes.

You represent that you are at least 13 years old. If you are between 13 years and 17 years old, you represent that your legal guardian has reviewed and agrees to these terms and consents to your access and use of our Service. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument by minors. 

License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstance:

Engage in any act that Rootnstudio deems to be in conflict with the spirit or intent of the Service or make improper use of Rootnstudio’s support services.

Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Rootnstudio game or any Rootnstudio game experience or without Rootnstudio’s express written consent, modify or cause to be modified any files that are a part of the Service or any Rootnstudio game.

Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Rootnstudio game environment.

Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.

Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.

Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.

Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Rootnstudio employees, including Rootnstudio’s customer service representatives.

Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Rootnstudio employee.

Solicit or attempt to solicit personal information from other users of the Service or any Rootnstudio game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.

Rootnstudio reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Rootnstudio reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service. 

User Account

During the Account creation process, you may be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account.

In the event you become aware of reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Rootnstudio and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

Rootnstudio reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights. 

We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.

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).

Accessing and using our Services 

The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.

You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.

We have the right to withdraw or modify one or more of our Games or any other part of our Services (in whole or in part) without liability to you from time to time: 

• for technical reasons (such as technical difficulties experienced by us or on the internet); 
• to allow us to improve user experience; 
• where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Games or Services); 
• because it no longer makes business sense for us to provide the relevant Game or Service; 
• because we have altered the services we provide.

There may also be times when our Services or any part of our Services is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

Paying for items on our Website The charge for any individual item you can purchase via our Website shall be as stated on our Website at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase via our Website. We accept payment via our payment processing partners by credit card, debit card, and Paypal only. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible – we will endeavor to fulfill your order immediately at the point of purchase.

Intellectual Property / Ownership

All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are owned by Rootnstudio and protected by law from unauthorized use.

Virtual Currencies / Goods

Rootnstudio owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Rootnstudio games.

Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Rootnstudio game, whether earned in a game or purchased from Rootnstudio, or any other attributes associated with an Account or stored on the Service.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Rootnstudio, another user or any third party.

Your purchase of Virtual Currency is final and not refundable, exchangeable, and transferable, except in Rootnstudio's sole discretion.

Purchases

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you.

Rootnstudio may revise the pricing for the goods and services offered through the Service at any time.

You acknowledge that Rootnstudio is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual itmes when an account is closed, whether such closure was voluntary or involuntary.

Notwithstanding the foregoing, if you verify in a reasonable way that you reside in the European Union and you have purchased virtual items or currencies from Rootnstudio, you may have the right to withdraw from a purchase within seven (7) calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of our services begins before the end of the Cooling Off Period.
 
Update to the Service

You accept and understand that the Service is always subject to change. Rootnstudio may require that you accept updates to the Service and to Rootnstudio’s games you have installed on your device.

You acknowledge and agree that Rootnstudio may update the Service and Rootnstudio games, with or without notifying you. 

User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Rootnstudio game client or the Service, or that other users upload or transmit, including without limitation any chat text.

By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code.

You agree that Rootnstudio reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others.

You hereby grant to Rootnstudio an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Rootnstudio the right to authorize others to exercise any of the rights granted to Rootnstudio under these Terms of Service. 

User Interactions

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Rootnstudio games.

You will fully cooperate with Rootnstudio to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Rootnstudio access to any password-protected portions of your Account. 

Disclaimer of Warranty / Limitation of Liability

Without limiting Rootnstudio’s liability under section 7 below, The service is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantabiliyY, fitness for a particular purpose, title, non-infringement, and those arising form course of dealing or usage of trade. Rootnstudio does not warrant that you will be able to access or use the service at the times or locations of your choosing; that the service will be uninterrupted or error-free; that defects will be corrected; or that the game or the service are free of viruses or other harmful components.
Rootnstudio shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intanbible losses (however such losses are qualified), arising out of or relating in any way to these terms of service or the service itself, whether based on contract, tort or any other legal theory, and whether or not Rootnstudio has been advised of the possibility of such damages. Rootnstudio shall not be liable to you for more than the amount you have paid to Rootnstudio in accordance with these terms of service in the six (6) months immediately preceding the date on which you first assert a claim. you acknowledge and agree that if you have not paid anything to Rootnstudio during such time period, your sole remedy (and Rootnstudio’s exclusive liability) for any dispute with Rootnstudio is to stop using the service and to cancel your account. 

Dispute Resolution and Law

These Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by California law, without regard to conflict of law provisions. Any claim or dispute between you and Rootnstudio that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in the state and federal courts of California. If you are a resident of the Japan, you agree that all disputes between you and Rootnstudio shall be governed by the laws of Japan, without regard to conflict of law provisions. Any claim or dispute between you and Rootnstudio that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Japan, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in the courts of Japan. 

Transferring these terms 

We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.

Changes to these terms 

You can find these terms at any time by visiting http://whiteday2.com/en/. We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services.

Severability

If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.

Waivers of our rights

Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

Complaints and dispute resolution 

In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of Republic of Korea.

Choice of Law and Forum.

The Terms are governed by and construed in accordance with the laws of the Republic of Korea without regard to its conflict of law provisions. You and Rootnstudio each agree that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms or the relationship between you and Rootnstudio, shall be brought exclusively in the courts located in Seoul, Korea. You and Rootnstudio agree to submit to the personal jurisdiction of the courts located Seoul, Korea, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

General Provisions

Rootnstudio may assign or delegate these Terms of Service and/or the Rootnstudio Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Rootnstudio’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

The failure of Rootnstudio to require or enforce strict performance by you of any provision of these Terms of Service or the Rootnstudio Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Rootnstudio’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Rootnstudio of any provision, condition, or requirement of these Terms of Service or the Rootnstudio Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. 

Force Majeure

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

This Policy was last updated on 02 January 2023