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1. Objective
The objective of this terms of agreement (hereafter referred to as the "agreement") herein describes the terms and conditions on which Zemi Interactive Inc (hereafter referred to as "Zemi") offers you (hereafter referred to as "user") to access and play its games and services including but not limited to; massively multiplayer online role playing game(s), company operated website(s) or any other service(s) subject to your compliance to all of the terms and conditions and the rules of conduct contained herein.
2. Amendments
This agreement comprises the entire agreement between Zemi and the user, and supersedes any prior agreements between Zemi and the user with respect to the subject matter hereof. This agreement does not supersede any additional terms and conditions of which user is notified by Zemi and/or which may apply when using third party content or services. Zemi reserves the right, at its sole and absolute discretion, to amend, revise, change, modify, add to, supplement or delete any of the terms and conditions of this agreement at any time, including without limitation policies, regulations, content, data, software or equipment needed to access the game program, effective with or without prior notice; provided, however, that material changes (determined by Zemi' sole and absolute discretion) will be disclosed as follows: Zemi will provide user with notification of any such changes to the game program through a website posting, a patch process, or by email, or in-game notice. Such amendment or revision shall be effective upon posting of such revised agreement on the Zemi' web site (the "web site"). User hereby agrees to review this agreement by accessing the web site periodically to become aware of any such revisions. If any revision is unacceptable to the user, the user must terminate the agreement hereof and immediately discontinue the use of our game(s) and service(s). Your continued use of the game(s) and service(s) following the posting of the revised agreement shall be deemed to be acceptance of all such revisions.
3. Definitions
The following terminologies used in the terms of use shall be defined as follows.
"intellectual property" shall mean all patents, designs, utility models, copyrights, know-how, trade secrets, trademarks, service mark, trade dress and any other intellectual property rights in or related to the game or technical information.
"technical information" shall mean the software, know-how, data, test result, layouts, artwork, processes, scripts, concepts and other technical information on or in relation to the game and the installation, operation, maintenance, service and use thereof.
"user" (hereinafter referred to as the 'user') shall mean all members who use the service through the internet, multimedia cultural contents facilities and online communication after applying to use the service from Zemi and registering an account on Zemi' website with individually assigned id numbers for each end user.
"game service" (hereinafter referred to as the 'service') means the internet-based mmorpg(s) (massively multiplayer online role-playing game) that Zemi is currently providing via the internet, multimedia cultural contents facilities and/or online communication. Zemi can add, modify, or suspend the service with or without a prior notice.
"id" (hereinafter referred to as the 'id') means the identification selected by the user and authorized by Zemi for the user's identity and the user's access to the service.
"id information" (hereinafter referred to as the 'id information') means the personal and game information of the user including the user's account, password, name, address, and telephone number etc.
"password" (hereinafter referred to as the 'password') means the combination of unique letters and numerals selected by the user in order to confirm the user's account and to protect the user's rights.
"game character" (hereinafter referred to as the 'character') means the game information to be directly selected and managed by the user in the game.
"multimedia cultural contents facility" means the business place, which has the necessary equipment and devices such as computers in an independent place and enables the user to play games or the public to access other additional information.
"asp service" means the service to be provided to alliances and users through the network from the main server of Zemi.
4. Eligibility
The site(s), game(s), and service(s) that Zemi offers are for users who are age of thirteen (13) and over only. In accordance with the children's online privacy protection act of 2000, if you are under the age of 13, your personal information cannot be collected from you. Thus, you are prohibited from creating a membership account through the service, shall not be eligible to enter any prize awarding events and/or promotions. You are asked not to provide any personal information of any kind on the site, through the service, or to us.
As noted, the site and the service are for users age 13 and over. While children of all ages may view the site, only those 13 or older can use the site, games and services related. We will not knowingly accept any applications or other submissions from anyone under the age of 13. If we learn that anyone under the age of 13 is attempting to make an application or place an order, we will terminate the transaction if it is feasible to do so and subsequently delete any personal information sent to us. In addition, we do not knowingly accept, collect, maintain or use personal information regarding children under the age of 13 on this site.
Parent and legal guardian may find it inappropriate for use by persons over the age of 13 but still considered a minor under the law of the relevant state. We strongly encourage parents or legal guardians to be positive and active role models to their children and spend time together online with their children, familiarizing themselves with the service and overseeing any communication between their children and any other internet users. it is highly suggested that parents or legal guardians educate their children about online conduct, specifically including but not limited to, never revealing, distributing, or otherwise communicating their personal identifying information such as real names, images, addresses, or phone numbers without parental or guardian permission when using the internet.
While Zemi may choose to monitor and take action upon inappropriate game play, chat or links to the service, it is possible that at any time there will be language or other material accessible on or through the service that may be inappropriate for children or offensive to some users of any age. Zemi cannot guarantee that other players will not provide content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. Zemi does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.
If a parent or legal guardian of a child discovers that their child under the age of 13 has provided us with personally identifiable information and would like Zemi to discontinue collecting such information, or have the child's personal information deleted from our database records, they should contact us info@zemiinc.co.kr. We will review, update, or remove the child's information as requested within reasonable time.
5. Ownership
Intellectual property rights and technical information to all patents, designs, utility models, know-how, corporate secrets, trademarks, character goods, trade dress, and other various intellectual properties related to the game or technological information (including without limitation the software, data, test result, layouts, artwork, processes, scripts, concepts, any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the game program, transcripts of the chat rooms, character profile information, recordings of games played on the game program, and the game client and server software) are owned by Zemi. The site, game and the service are protected by United States and international laws. The site, game and the service may contain certain licensed materials, and Zemi may enforce respective rights in the event of any violation of this agreement.
6. Service description
Zemi offers website(s) including; "global.4story.com", “www.travia2.com”, "www.zemiinc.com", game(s), and service(s). With or without prior notification, Zemi reserves the right to change the URL address of the web site at any time and from time to time. To use the game or service, you will need to install software (the "software") which Zemi makes available from the web site or mirror sites for download. Anyone desiring to use the service is required to establish an account with Zemi (the "account"). Zemi does not provide internet access, and you are responsible for all fees associated with your internet connection.
7. User's obligations and responsibilities
In order to access and use the site(s), game(s), and service(s), you must sign up by completing a registration form. Before finalizing the registration process for your account, you will be required to indicate your acceptance of all of the terms and conditions contained herein. If you do not agree to all of the terms and conditions of this agreement, you may not sign up for an account and you shall not access and use the site(s), game(s), nor the service(s) that Zemi offers. The registration form contains your first and last name, nationality, address, e-mail address, a user name and a password. In consideration of the use of the service, you agree to provide true, accurate, current and complete information about yourself as submitted in any registration form on the service. Moreover, to maintain up-to-date information that is true, accurate, current and complete at all times by making changes, additions or deletions to your user profile, as required. If any information provided is not true, accurate, current or complete, or Zemi has reasonable grounds to suspect that the information is untrue, inaccurate, not current or complete, then Zemi shall have the right to suspend or terminate your right to use the site(s), game(s), service(s), and refuse to provide any current or future service to you. You acknowledge that Zemi reserves the right to refuse to grant you a user name that is already in use, may be illegal, may be protected by trademark or other proprietary interest, is obscene or profane or otherwise determined by Zemi, in its sole discretion, to be inappropriate. You agree to be responsible for all acts and omissions that occur in connection with your password. You agree to keep your password confidential and to notify Zemi if you believe that the security of your password has been compromised. You acknowledge that Zemi does not protect you from the unauthorized use of your password. 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 Zemi.
Eligibility. As set forth above, accounts are available only to individuals 13 years of age or older. If you are under the age of 13, you may not create an account on the sites, you may not sign up for any service or buy anything through the web store, and you are not eligible to enter any of our sweepstakes or promotions. Those who have completed these steps and who maintain their account in good standing are sometimes to in this agreement as "members" by clicking the "I have read and agree" button you represent that you are a 13 years of age or older. Only one person may use an account. You are liable for all activities conducted through your account, and parents or guardians are liable for all activities of their minor child conducted through the account. Except as may be required by law, Zemi will not knowingly collect, maintain, or disclose any personal information from children under the age of 13. Zemi recommends parents and guardians to spend time online with their children to become more familiar with the types of content available on the internet, including our online games. Parents and guardians should regularly oversee their children's use of email and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids.
Account id. At the time your account is opened, you must choose a name to identify yourself to Zemi staff (your "account id"). You may not select as your account id the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which Zemi deems in its discretion to be vulgar or otherwise offensive. Zemi reserves the right to delete, or to change, any vulgar or otherwise offensive account id. You have sole liability for all activities conducted through your account or under your account id.
Account. by agreeing to the user agreement you agree that you do not own the account you use to access the service, the characters Zemi stores on Zemi servers, the items stored on these servers, or any other data which the servers and accounts are comprised of. The account you create is needed to login to the service and the fee that you pay is to continue to access the service.
Character name. In order to use the service, you must create a character and choose a name for your character to identify your character to other members (your "character name"). you may not select as your character name the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other members to believe you to be an employee of Zemi, or which Zemi deems at its sole discretion to be vulgar or otherwise offensive. Zemi reserves the right to delete, or alter any vulgar or otherwise offensive character name.
Guild names. While accessing the service, it is possible to name your guild. You may not name your guild with the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other members to believe you to be an employee of Zemi, or which Zemi deems at its sole discretion to be vulgar or otherwise offensive. Zemi reserves the right to delete, change, or require you to change, any vulgar or otherwise offensive name.
Passwords. At the time your account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your account and account id. At no time should you respond to an online request for a password. Zemi will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process.
Former members. Members whose accounts have been terminated by Zemi for any reason may not access and use the service in any manner or for any reason, including through any other account, without the express written permission of Zemi.
Related accounts. If Zemi terminates an account, Zemi may terminate any other accounts that share the same member name, phone number, email address, postal address, internet protocol address, or credit card number with the terminated account.
8. Rules of conduct
Subject to the terms of agreements herein, you agree to comply with all applicable laws, regulations and rules of conduct contained herein. We reserve the right, in our sole discretion, to take any necessary actions appropriately to preserve the integrity of the service. While using the service, you agree not to: engage in any conduct or communication which is unlawful or which restricts or inhibits any other user from using or enjoying the services. User agrees to use the services only for lawful purposes. In our sole discretion, Zemi reserves the right to temporarily or permanently suspend or terminate the user's account which the user has engaged in unacceptable conduct. The list of prohibited conduct set forth in subsections below provides examples of unacceptable conduct, which list is not exhaustive, and Zemi reserves the right, but not the responsibility, to restrict conduct which Zemi deems, in its sole discretion, to be harmful to individual users, damaging to the services, or in violation of Zemi' or any third party's rights. Zemi may prohibit or delete conduct, communication or content transmitted on its' services that are deemed to be in violation of applicable laws or is harmful to other users, the community or the rights of Zemi in general. User acknowledges, however, that communication over the services often occurs in real-time and Zemi cannot, and does not intend to, screen communication in advance.
- prohibited conducts
Use the service provided by Zemi for purposes other than the original purpose for the service such as playing the game or entertainment.
Use the website(s), service(s), game(s), or cash items or for any unlawful purpose or in any manner not intended by Zemi as contemplated herein and/or on the site
Harass, threaten or embarrass another user of the services or to cause distress, unwanted attention or discomfort of such user, or any other person or entity. Zemi does not condone harassment in any form and may suspend or terminate the account of any user who harasses others. Personal attacks, such as those based on a person's race, national origin, ethnicity, religion, gender, lifestyle choice, disablement or other such affiliation, are strictly prohibited.
Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content. If user engages in vulgar or abusive language online, even if masked by symbols or other characters, or engages in other impermissible behavior, the user may receive a warning, or be temporarily or permanently excluded from one or more games, bulletin boards, chat areas, or the user's account may be terminated immediately and the user may be subject to civil liability and/or prosecution by law enforcement authorities.
Post or transmit sexually explicit images, or point or reference to such images. Zemi prohibits the transfer or posting of sexually explicit images or other content deemed offensive.
Engage in "disruptive behavior" in chat areas, game areas, bulletin boards, or any other area of the services. Disruptive behavior shall be deemed to include, but will not be limited to, conduct which purposefully interferes with the normal flow of dialogue in a service area. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
Scroll or carry out any action with a similar disruptive effect. "Scrolling" is defined as repeatedly causing the screen to roll faster than users are able to type onto it.
Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary load on services and is considered a nuisance by many users. Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter.
Posting or transmitting unsolicited advertising, promotional materials, or other forms of solicitation. Zemi services are not to be used to send unsolicited advertising, promotional material, or other forms of solicitation to other users. User may not use Zemi services to collect or "harvest" user names without the express permission of those users. Zemi reserves the right to block and/or filter mass email solicitations on or through the service.
Impersonate any person, including, but not limited to, Zemi' employees, monitors or hosts. User shall not hold him or her out or portray himself or herself as a Zemi staff user or employee while engaging in all forms of online communication, including, but not limited to, user names, user profiles, voice, text or graphic chat, message postings or any form of communication on line. Impersonation of Zemi staff shall be grounds for immediate account termination.
Violate any operating rule, policy or guideline of any other online service. User further agrees to abide by the rules of the user's internet service provider.
Modify any files that Zemi does not specifically authorize user to modify. Use of material, which is subject to the rights of any person or entity without the express permission of such rights holder, is prohibited, and will result in the termination of the user's account and possible civil and/or criminal liability.
Posting too many bulletin boards at once and/or sending multiple unsolicited emails to a single address, sometimes referred to as "spamming," are prohibited. Zemi may take action on a user's account if any of the following offenses is reported: (a) posting a similar or identical message to more than five bulletin boards; (b) sending unsolicited mail to more than 30 people or (c) sending more than two (2) unsolicited emails to a single email address. Repeated spamming will result in account termination. In certain situations, the overall pattern of behavior on an account or a set of linked accounts may be determined to be disruptive or abusive, even if no one single act clearly violates any specific policy. In such cases, Zemi reserves the right to determine what patterns of behavior are defined as "high-maintenance" or "disruptive" and may take action against the account(s), ranging from a simple request to moderate the high-maintenance behavior, to total lockout of all linked accounts.
Violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation.
Restrict or inhibit any other individual from using use the website(s), service(s), game(s), or cash items including, without limitation, by means of "hacking" or defacing any portion of the service or software
Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage
Modify the software, cash items or the service to change "game play," including, without limitation, creating cheats and/or hacks or using third-party software to access files in the software or service.
Reverse engineer, decompile or disassemble all or any portion of the service, cash items or software;
Use of any illegal software or materials that contain any automated programs, macros, 3rd party bots, viruses, worms, Trojan horses, defects, date bombs, time bombs, system, devices, computers, scripts on the website(s), game(s), or service(s), is strictly prohibited. Zemi may terminate and permanently disqualify any users who, in its sole discretion, determines as being in violation of rules of conduct. All decisions by Zemi are final.
9. Charges for services
Current fees for using the service and charging your account to gain points or purchase items are published in the billing section of the web site. All fees are stated in U.S. dollars. Zemi may change its fees and billing methods at any time effective immediately after notice of the changes are posted on the web site. All changes will be posted on the web site and you are responsible for reviewing the billing section of the web site to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your use or our service in the cash shop. Your continued use of the service after posting of the changes on the web site will deems you accept such change. You understand and agree that you are fully liable for all charges under your account. You understand and agree that once you authorize us or other designated payment service to charge your selection of payment method for a certain amount, such amount shall under no circumstances be refundable in whole or in part, including, without limitation, upon termination of your account for any reason, termination of this agreement, termination of the cash shop and/or the discontinuation of the service. For further information on billing, please see the web site. If your use of the service is subject to use or sales tax then Zemi may also charge you for such taxes, which will be in addition to the rates and charges published in the billing section of the web site.
Payment method. If you pay for the service by the payment method of your choice, you represent to Zemi that you are the authorized account holder of that payment service used to pay service charges. You agree and reaffirm that Zemi is the authorized vendor to charge payment method of your choice. You agree to promptly notify Zemi of any changes to your payment method's account number, its expiration date and/or your billing address, and you agree to promptly notify us if your payment method expires or is cancelled for any reason.
Regardless of the consideration offered or paid in exchange for the cash items, you do not have any ownership rights in the cash items.
10. Termination and discontinuation
Either you or Zemi may terminate your account at any time without further obligation to the other. Furthermore, Zemi reserves the right to terminate the service at any time without further obligation to you. If the service or your account is terminated or cancelled at any time for any reason, you agree to the following: (1) you will not be entitled to any refund or proration of any fees, unused access time or unused points; (2) you will lose any characters developed, items accumulated or points purchased through the cash shop and you will not have the right to transfer, sell or assign any characters, items or points or any other credit to anyone else; (3) you may not access the service in any manner or for any reason, including via any other account. In the event that an account is terminated, Zemi may terminate any and all other accounts that share the member name, phone number, email address, internet protocol address or credit card number with the terminated account; (4) we may terminate this agreement (including your software license and your account) immediately and without notice if you breach this agreement or willfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the rules of conduct described herein. If we terminate this agreement under any circumstances, you will lose access to your account and lose any remaining cash or points without any refund.
11. Disclaimer
you expressly agree that the service including the site(s), the game(s), the service(s), the cash items, the software, and all other content contained therein and any product or service obtained through the service are provided on an "as is" and "as available" basis Zemi and all service provider customers expressly disclaim all warranties of any kind, either expressed or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violations of rights. Zemi and all service provider customers make no warranty that the service will meet your requirements or that the service will be uninterrupted, timely, secure or error-free. Zemi and all service provider customers do not make any representation or warranty as to the results that may be obtained from the use of the service, that the results that may be obtained from such use will be reliable or accurate or that the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations. Zemi makes no warranty that defects in its software will be corrected or that the website or server that makes it available will be free of viruses or other harmful components. You understand and agree that any of the material and/or other data downloaded or otherwise obtained using service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such material or data. No advice or information, whether oral or written, obtained by you from Zemi or any service provider customer or through the service shall create any warranty not expressly stated in the terms of agreement.
12. Limited liability
User acknowledges that Zemi shall not assume or have any liability for any action by Zemi or its content providers or other licensors with respect to conduct, communication or content of the services. Zemi shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages (including, without limitation, loss of business profits, business interruption, loss of business information or any other pecuniary loss) in connection with the services or any product provided by Zemi.
You agree that Zemi cannot be held responsible or liable for anything that occurs or results from accessing or using the website(s), the game(s), or service(s).
13. Indemnification
you agree to indemnify, defend and hold harmless Zemi and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, service provider customers, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the service, your content, your violation of the terms of agreement or your violation of any rights of another user. Zemi reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
14. Intellectual property
including but not limited to, all communication features of Zemi contains copyrighted material, trademarks and other proprietary information including, but not limited to, any titles, text, software, photographs, video, graphics, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and "applets" incorporated into the game and the entire contents of Zemi and each area contained therein are copyrighted as a collective work and exclusively owned and licensed by Zemi and protected by the copyright laws of the united states, international copyright treaties and conventions, and other laws. All rights are reserved.
Zemi owns copyrights in the selection, coordination, arrangement and enhancement of such contents. User must not in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the game, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on Zemi (including, without limitation, content that the website enables you to download) without the express written permission of Zemi and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made. The downloading of copyrighted material from Zemi is allowed for the user's own personal use.
User acknowledges that Zemi and/or third-party content providers remain the owners of all materials posted on Zemi, and that the user does not acquire any of those ownership rights by downloading copyrighted materials.
Failure to comply with the restrictions and limitations shall result in immediate, automatic termination of the account granted hereunder and may subject you to civil and/or criminal liability.
15. Privacy
The personal information you provide us during registration is used for our internal purposes only. We use the information we collect to learn what you like and to improve the service. Except as otherwise expressly permitted by this agreement or as otherwise authorized by you, we will not give any of your personal information to any third party without your express approval. We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties.
We can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. If you request any technical support, you consent to our remote accessing and review of the computer you load the software onto for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the service, the software and any services or software which may be provided in the future by us or on our behalf.
16. Parental guidance
Parents may find it inappropriate for use by persons under the age of 13. While Zemi may choose to monitor and take action upon inappropriate game play, chat or links to the service, it is possible that at any time there may be language or other material accessible on or through the service that may be inappropriate for children or offensive to some users of any age. Zemi cannot ensure that other players will not provide content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. Zemi does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.
17. Service interruption
Zemi reserves the right to interrupt the service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.
You acknowledge that the service may be interrupted for reasons beyond the control of Zemi, and Zemi cannot guarantee that you will be able to access the service or your account whenever you may wish to do so. Zemi shall not be liable for any interruption of the service, delay or failure to perform resulting from any causes beyond its reasonable control.
18. General
The failure of Zemi or the service provider customer to exercise its rights or insist upon the performance of the user's obligation hereunder shall not constitute a waiver or relinquishment of those or any other rights under these terms of agreement.
If any provision of the terms of agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision and the other provisions of the terms of agreement shall continue to be binding on and remain in full force and effect.
The terms of agreement, together with any separate written or online agreement between you, Zemi and/or the service provider customer (including but not limited to the mature content agreement if applicable to you) constitute the entire and only agreement, and supersedes any prior agreements between you, Zemi and/or the service provider customer, (including, but not limited to all prior versions of the user agreement, general terms of use, and terms of agreement, where applicable).
The terms of agreement and the relationship between you, Zemi and/or the service provider customer shall be governed by and construed in accordance with the laws of the United States, and such parties agree to submit to the jurisdiction of such courts.
You agree that regardless of any statute or law to the contrary, any action, suit or proceeding arising out of or related to the use of the service or to the terms of agreement must be commenced within 1 year after such claim or cause of action arose or be forever barred.
Section titles in the terms of agreement are for convenience only and have no legal or contractual effect or significance.
It is the express wish of the parties that the terms of agreement and all related documents have been drawn up in English.
19. Notice
Notices may be sent to you or you may send notices to Zemi via either e-mail or regular mail. The service may also provide notification of any changes to the terms of agreement or other matters pertaining to the service by displaying notices or links to notices generally on the service.
20. Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of Republic of South Korea, not including those particular cases stated herein. Except in any situation when international law comes first, then this agreement will be governed by and construed in accordance with the international laws. Any arbitration shall be initiated in the county of Seoul, Republic of South Korea. Any dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the county of l Seoul, Republic of South Korea, and you and Zemi agree to submit to the personal jurisdiction of that court.
The arbitration shall be conducted before three arbitrators in accordance with the rules of arbitration and conciliation of the international chamber of commerce then in effect. The parties shall be bound by the award rendered by the arbitrators and judgment thereon may be entered in any court of competent jurisdiction. Any award rendered by the arbitrators shall be final, and the parties shall not have any right of appeal.
21. Report violation
Please report any violations of the terms of agreement to our compliance department using email inquiry section on the official website.
I have read and understand the foregoing terms of agreement and agree to be bound by all of its terms.
The objective of this terms of agreement (hereafter referred to as the "agreement") herein describes the terms and conditions on which Zemi Interactive Inc (hereafter referred to as "Zemi") offers you (hereafter referred to as "user") to access and play its games and services including but not limited to; massively multiplayer online role playing game(s), company operated website(s) or any other service(s) subject to your compliance to all of the terms and conditions and the rules of conduct contained herein.
2. Amendments
This agreement comprises the entire agreement between Zemi and the user, and supersedes any prior agreements between Zemi and the user with respect to the subject matter hereof. This agreement does not supersede any additional terms and conditions of which user is notified by Zemi and/or which may apply when using third party content or services. Zemi reserves the right, at its sole and absolute discretion, to amend, revise, change, modify, add to, supplement or delete any of the terms and conditions of this agreement at any time, including without limitation policies, regulations, content, data, software or equipment needed to access the game program, effective with or without prior notice; provided, however, that material changes (determined by Zemi' sole and absolute discretion) will be disclosed as follows: Zemi will provide user with notification of any such changes to the game program through a website posting, a patch process, or by email, or in-game notice. Such amendment or revision shall be effective upon posting of such revised agreement on the Zemi' web site (the "web site"). User hereby agrees to review this agreement by accessing the web site periodically to become aware of any such revisions. If any revision is unacceptable to the user, the user must terminate the agreement hereof and immediately discontinue the use of our game(s) and service(s). Your continued use of the game(s) and service(s) following the posting of the revised agreement shall be deemed to be acceptance of all such revisions.
3. Definitions
The following terminologies used in the terms of use shall be defined as follows.
"intellectual property" shall mean all patents, designs, utility models, copyrights, know-how, trade secrets, trademarks, service mark, trade dress and any other intellectual property rights in or related to the game or technical information.
"technical information" shall mean the software, know-how, data, test result, layouts, artwork, processes, scripts, concepts and other technical information on or in relation to the game and the installation, operation, maintenance, service and use thereof.
"user" (hereinafter referred to as the 'user') shall mean all members who use the service through the internet, multimedia cultural contents facilities and online communication after applying to use the service from Zemi and registering an account on Zemi' website with individually assigned id numbers for each end user.
"game service" (hereinafter referred to as the 'service') means the internet-based mmorpg(s) (massively multiplayer online role-playing game) that Zemi is currently providing via the internet, multimedia cultural contents facilities and/or online communication. Zemi can add, modify, or suspend the service with or without a prior notice.
"id" (hereinafter referred to as the 'id') means the identification selected by the user and authorized by Zemi for the user's identity and the user's access to the service.
"id information" (hereinafter referred to as the 'id information') means the personal and game information of the user including the user's account, password, name, address, and telephone number etc.
"password" (hereinafter referred to as the 'password') means the combination of unique letters and numerals selected by the user in order to confirm the user's account and to protect the user's rights.
"game character" (hereinafter referred to as the 'character') means the game information to be directly selected and managed by the user in the game.
"multimedia cultural contents facility" means the business place, which has the necessary equipment and devices such as computers in an independent place and enables the user to play games or the public to access other additional information.
"asp service" means the service to be provided to alliances and users through the network from the main server of Zemi.
4. Eligibility
The site(s), game(s), and service(s) that Zemi offers are for users who are age of thirteen (13) and over only. In accordance with the children's online privacy protection act of 2000, if you are under the age of 13, your personal information cannot be collected from you. Thus, you are prohibited from creating a membership account through the service, shall not be eligible to enter any prize awarding events and/or promotions. You are asked not to provide any personal information of any kind on the site, through the service, or to us.
As noted, the site and the service are for users age 13 and over. While children of all ages may view the site, only those 13 or older can use the site, games and services related. We will not knowingly accept any applications or other submissions from anyone under the age of 13. If we learn that anyone under the age of 13 is attempting to make an application or place an order, we will terminate the transaction if it is feasible to do so and subsequently delete any personal information sent to us. In addition, we do not knowingly accept, collect, maintain or use personal information regarding children under the age of 13 on this site.
Parent and legal guardian may find it inappropriate for use by persons over the age of 13 but still considered a minor under the law of the relevant state. We strongly encourage parents or legal guardians to be positive and active role models to their children and spend time together online with their children, familiarizing themselves with the service and overseeing any communication between their children and any other internet users. it is highly suggested that parents or legal guardians educate their children about online conduct, specifically including but not limited to, never revealing, distributing, or otherwise communicating their personal identifying information such as real names, images, addresses, or phone numbers without parental or guardian permission when using the internet.
While Zemi may choose to monitor and take action upon inappropriate game play, chat or links to the service, it is possible that at any time there will be language or other material accessible on or through the service that may be inappropriate for children or offensive to some users of any age. Zemi cannot guarantee that other players will not provide content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. Zemi does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.
If a parent or legal guardian of a child discovers that their child under the age of 13 has provided us with personally identifiable information and would like Zemi to discontinue collecting such information, or have the child's personal information deleted from our database records, they should contact us info@zemiinc.co.kr. We will review, update, or remove the child's information as requested within reasonable time.
5. Ownership
Intellectual property rights and technical information to all patents, designs, utility models, know-how, corporate secrets, trademarks, character goods, trade dress, and other various intellectual properties related to the game or technological information (including without limitation the software, data, test result, layouts, artwork, processes, scripts, concepts, any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the game program, transcripts of the chat rooms, character profile information, recordings of games played on the game program, and the game client and server software) are owned by Zemi. The site, game and the service are protected by United States and international laws. The site, game and the service may contain certain licensed materials, and Zemi may enforce respective rights in the event of any violation of this agreement.
6. Service description
Zemi offers website(s) including; "global.4story.com", “www.travia2.com”, "www.zemiinc.com", game(s), and service(s). With or without prior notification, Zemi reserves the right to change the URL address of the web site at any time and from time to time. To use the game or service, you will need to install software (the "software") which Zemi makes available from the web site or mirror sites for download. Anyone desiring to use the service is required to establish an account with Zemi (the "account"). Zemi does not provide internet access, and you are responsible for all fees associated with your internet connection.
7. User's obligations and responsibilities
In order to access and use the site(s), game(s), and service(s), you must sign up by completing a registration form. Before finalizing the registration process for your account, you will be required to indicate your acceptance of all of the terms and conditions contained herein. If you do not agree to all of the terms and conditions of this agreement, you may not sign up for an account and you shall not access and use the site(s), game(s), nor the service(s) that Zemi offers. The registration form contains your first and last name, nationality, address, e-mail address, a user name and a password. In consideration of the use of the service, you agree to provide true, accurate, current and complete information about yourself as submitted in any registration form on the service. Moreover, to maintain up-to-date information that is true, accurate, current and complete at all times by making changes, additions or deletions to your user profile, as required. If any information provided is not true, accurate, current or complete, or Zemi has reasonable grounds to suspect that the information is untrue, inaccurate, not current or complete, then Zemi shall have the right to suspend or terminate your right to use the site(s), game(s), service(s), and refuse to provide any current or future service to you. You acknowledge that Zemi reserves the right to refuse to grant you a user name that is already in use, may be illegal, may be protected by trademark or other proprietary interest, is obscene or profane or otherwise determined by Zemi, in its sole discretion, to be inappropriate. You agree to be responsible for all acts and omissions that occur in connection with your password. You agree to keep your password confidential and to notify Zemi if you believe that the security of your password has been compromised. You acknowledge that Zemi does not protect you from the unauthorized use of your password. 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 Zemi.
Eligibility. As set forth above, accounts are available only to individuals 13 years of age or older. If you are under the age of 13, you may not create an account on the sites, you may not sign up for any service or buy anything through the web store, and you are not eligible to enter any of our sweepstakes or promotions. Those who have completed these steps and who maintain their account in good standing are sometimes to in this agreement as "members" by clicking the "I have read and agree" button you represent that you are a 13 years of age or older. Only one person may use an account. You are liable for all activities conducted through your account, and parents or guardians are liable for all activities of their minor child conducted through the account. Except as may be required by law, Zemi will not knowingly collect, maintain, or disclose any personal information from children under the age of 13. Zemi recommends parents and guardians to spend time online with their children to become more familiar with the types of content available on the internet, including our online games. Parents and guardians should regularly oversee their children's use of email and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids.
Account id. At the time your account is opened, you must choose a name to identify yourself to Zemi staff (your "account id"). You may not select as your account id the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which Zemi deems in its discretion to be vulgar or otherwise offensive. Zemi reserves the right to delete, or to change, any vulgar or otherwise offensive account id. You have sole liability for all activities conducted through your account or under your account id.
Account. by agreeing to the user agreement you agree that you do not own the account you use to access the service, the characters Zemi stores on Zemi servers, the items stored on these servers, or any other data which the servers and accounts are comprised of. The account you create is needed to login to the service and the fee that you pay is to continue to access the service.
Character name. In order to use the service, you must create a character and choose a name for your character to identify your character to other members (your "character name"). you may not select as your character name the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other members to believe you to be an employee of Zemi, or which Zemi deems at its sole discretion to be vulgar or otherwise offensive. Zemi reserves the right to delete, or alter any vulgar or otherwise offensive character name.
Guild names. While accessing the service, it is possible to name your guild. You may not name your guild with the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other members to believe you to be an employee of Zemi, or which Zemi deems at its sole discretion to be vulgar or otherwise offensive. Zemi reserves the right to delete, change, or require you to change, any vulgar or otherwise offensive name.
Passwords. At the time your account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your account and account id. At no time should you respond to an online request for a password. Zemi will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process.
Former members. Members whose accounts have been terminated by Zemi for any reason may not access and use the service in any manner or for any reason, including through any other account, without the express written permission of Zemi.
Related accounts. If Zemi terminates an account, Zemi may terminate any other accounts that share the same member name, phone number, email address, postal address, internet protocol address, or credit card number with the terminated account.
8. Rules of conduct
Subject to the terms of agreements herein, you agree to comply with all applicable laws, regulations and rules of conduct contained herein. We reserve the right, in our sole discretion, to take any necessary actions appropriately to preserve the integrity of the service. While using the service, you agree not to: engage in any conduct or communication which is unlawful or which restricts or inhibits any other user from using or enjoying the services. User agrees to use the services only for lawful purposes. In our sole discretion, Zemi reserves the right to temporarily or permanently suspend or terminate the user's account which the user has engaged in unacceptable conduct. The list of prohibited conduct set forth in subsections below provides examples of unacceptable conduct, which list is not exhaustive, and Zemi reserves the right, but not the responsibility, to restrict conduct which Zemi deems, in its sole discretion, to be harmful to individual users, damaging to the services, or in violation of Zemi' or any third party's rights. Zemi may prohibit or delete conduct, communication or content transmitted on its' services that are deemed to be in violation of applicable laws or is harmful to other users, the community or the rights of Zemi in general. User acknowledges, however, that communication over the services often occurs in real-time and Zemi cannot, and does not intend to, screen communication in advance.
- prohibited conducts
Use the service provided by Zemi for purposes other than the original purpose for the service such as playing the game or entertainment.
Use the website(s), service(s), game(s), or cash items or for any unlawful purpose or in any manner not intended by Zemi as contemplated herein and/or on the site
Harass, threaten or embarrass another user of the services or to cause distress, unwanted attention or discomfort of such user, or any other person or entity. Zemi does not condone harassment in any form and may suspend or terminate the account of any user who harasses others. Personal attacks, such as those based on a person's race, national origin, ethnicity, religion, gender, lifestyle choice, disablement or other such affiliation, are strictly prohibited.
Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content. If user engages in vulgar or abusive language online, even if masked by symbols or other characters, or engages in other impermissible behavior, the user may receive a warning, or be temporarily or permanently excluded from one or more games, bulletin boards, chat areas, or the user's account may be terminated immediately and the user may be subject to civil liability and/or prosecution by law enforcement authorities.
Post or transmit sexually explicit images, or point or reference to such images. Zemi prohibits the transfer or posting of sexually explicit images or other content deemed offensive.
Engage in "disruptive behavior" in chat areas, game areas, bulletin boards, or any other area of the services. Disruptive behavior shall be deemed to include, but will not be limited to, conduct which purposefully interferes with the normal flow of dialogue in a service area. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
Scroll or carry out any action with a similar disruptive effect. "Scrolling" is defined as repeatedly causing the screen to roll faster than users are able to type onto it.
Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary load on services and is considered a nuisance by many users. Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter.
Posting or transmitting unsolicited advertising, promotional materials, or other forms of solicitation. Zemi services are not to be used to send unsolicited advertising, promotional material, or other forms of solicitation to other users. User may not use Zemi services to collect or "harvest" user names without the express permission of those users. Zemi reserves the right to block and/or filter mass email solicitations on or through the service.
Impersonate any person, including, but not limited to, Zemi' employees, monitors or hosts. User shall not hold him or her out or portray himself or herself as a Zemi staff user or employee while engaging in all forms of online communication, including, but not limited to, user names, user profiles, voice, text or graphic chat, message postings or any form of communication on line. Impersonation of Zemi staff shall be grounds for immediate account termination.
Violate any operating rule, policy or guideline of any other online service. User further agrees to abide by the rules of the user's internet service provider.
Modify any files that Zemi does not specifically authorize user to modify. Use of material, which is subject to the rights of any person or entity without the express permission of such rights holder, is prohibited, and will result in the termination of the user's account and possible civil and/or criminal liability.
Posting too many bulletin boards at once and/or sending multiple unsolicited emails to a single address, sometimes referred to as "spamming," are prohibited. Zemi may take action on a user's account if any of the following offenses is reported: (a) posting a similar or identical message to more than five bulletin boards; (b) sending unsolicited mail to more than 30 people or (c) sending more than two (2) unsolicited emails to a single email address. Repeated spamming will result in account termination. In certain situations, the overall pattern of behavior on an account or a set of linked accounts may be determined to be disruptive or abusive, even if no one single act clearly violates any specific policy. In such cases, Zemi reserves the right to determine what patterns of behavior are defined as "high-maintenance" or "disruptive" and may take action against the account(s), ranging from a simple request to moderate the high-maintenance behavior, to total lockout of all linked accounts.
Violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation.
Restrict or inhibit any other individual from using use the website(s), service(s), game(s), or cash items including, without limitation, by means of "hacking" or defacing any portion of the service or software
Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage
Modify the software, cash items or the service to change "game play," including, without limitation, creating cheats and/or hacks or using third-party software to access files in the software or service.
Reverse engineer, decompile or disassemble all or any portion of the service, cash items or software;
Use of any illegal software or materials that contain any automated programs, macros, 3rd party bots, viruses, worms, Trojan horses, defects, date bombs, time bombs, system, devices, computers, scripts on the website(s), game(s), or service(s), is strictly prohibited. Zemi may terminate and permanently disqualify any users who, in its sole discretion, determines as being in violation of rules of conduct. All decisions by Zemi are final.
9. Charges for services
Current fees for using the service and charging your account to gain points or purchase items are published in the billing section of the web site. All fees are stated in U.S. dollars. Zemi may change its fees and billing methods at any time effective immediately after notice of the changes are posted on the web site. All changes will be posted on the web site and you are responsible for reviewing the billing section of the web site to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your use or our service in the cash shop. Your continued use of the service after posting of the changes on the web site will deems you accept such change. You understand and agree that you are fully liable for all charges under your account. You understand and agree that once you authorize us or other designated payment service to charge your selection of payment method for a certain amount, such amount shall under no circumstances be refundable in whole or in part, including, without limitation, upon termination of your account for any reason, termination of this agreement, termination of the cash shop and/or the discontinuation of the service. For further information on billing, please see the web site. If your use of the service is subject to use or sales tax then Zemi may also charge you for such taxes, which will be in addition to the rates and charges published in the billing section of the web site.
Payment method. If you pay for the service by the payment method of your choice, you represent to Zemi that you are the authorized account holder of that payment service used to pay service charges. You agree and reaffirm that Zemi is the authorized vendor to charge payment method of your choice. You agree to promptly notify Zemi of any changes to your payment method's account number, its expiration date and/or your billing address, and you agree to promptly notify us if your payment method expires or is cancelled for any reason.
Regardless of the consideration offered or paid in exchange for the cash items, you do not have any ownership rights in the cash items.
10. Termination and discontinuation
Either you or Zemi may terminate your account at any time without further obligation to the other. Furthermore, Zemi reserves the right to terminate the service at any time without further obligation to you. If the service or your account is terminated or cancelled at any time for any reason, you agree to the following: (1) you will not be entitled to any refund or proration of any fees, unused access time or unused points; (2) you will lose any characters developed, items accumulated or points purchased through the cash shop and you will not have the right to transfer, sell or assign any characters, items or points or any other credit to anyone else; (3) you may not access the service in any manner or for any reason, including via any other account. In the event that an account is terminated, Zemi may terminate any and all other accounts that share the member name, phone number, email address, internet protocol address or credit card number with the terminated account; (4) we may terminate this agreement (including your software license and your account) immediately and without notice if you breach this agreement or willfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the rules of conduct described herein. If we terminate this agreement under any circumstances, you will lose access to your account and lose any remaining cash or points without any refund.
11. Disclaimer
you expressly agree that the service including the site(s), the game(s), the service(s), the cash items, the software, and all other content contained therein and any product or service obtained through the service are provided on an "as is" and "as available" basis Zemi and all service provider customers expressly disclaim all warranties of any kind, either expressed or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violations of rights. Zemi and all service provider customers make no warranty that the service will meet your requirements or that the service will be uninterrupted, timely, secure or error-free. Zemi and all service provider customers do not make any representation or warranty as to the results that may be obtained from the use of the service, that the results that may be obtained from such use will be reliable or accurate or that the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations. Zemi makes no warranty that defects in its software will be corrected or that the website or server that makes it available will be free of viruses or other harmful components. You understand and agree that any of the material and/or other data downloaded or otherwise obtained using service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such material or data. No advice or information, whether oral or written, obtained by you from Zemi or any service provider customer or through the service shall create any warranty not expressly stated in the terms of agreement.
12. Limited liability
User acknowledges that Zemi shall not assume or have any liability for any action by Zemi or its content providers or other licensors with respect to conduct, communication or content of the services. Zemi shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages (including, without limitation, loss of business profits, business interruption, loss of business information or any other pecuniary loss) in connection with the services or any product provided by Zemi.
You agree that Zemi cannot be held responsible or liable for anything that occurs or results from accessing or using the website(s), the game(s), or service(s).
13. Indemnification
you agree to indemnify, defend and hold harmless Zemi and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, service provider customers, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the service, your content, your violation of the terms of agreement or your violation of any rights of another user. Zemi reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
14. Intellectual property
including but not limited to, all communication features of Zemi contains copyrighted material, trademarks and other proprietary information including, but not limited to, any titles, text, software, photographs, video, graphics, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and "applets" incorporated into the game and the entire contents of Zemi and each area contained therein are copyrighted as a collective work and exclusively owned and licensed by Zemi and protected by the copyright laws of the united states, international copyright treaties and conventions, and other laws. All rights are reserved.
Zemi owns copyrights in the selection, coordination, arrangement and enhancement of such contents. User must not in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the game, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on Zemi (including, without limitation, content that the website enables you to download) without the express written permission of Zemi and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made. The downloading of copyrighted material from Zemi is allowed for the user's own personal use.
User acknowledges that Zemi and/or third-party content providers remain the owners of all materials posted on Zemi, and that the user does not acquire any of those ownership rights by downloading copyrighted materials.
Failure to comply with the restrictions and limitations shall result in immediate, automatic termination of the account granted hereunder and may subject you to civil and/or criminal liability.
15. Privacy
The personal information you provide us during registration is used for our internal purposes only. We use the information we collect to learn what you like and to improve the service. Except as otherwise expressly permitted by this agreement or as otherwise authorized by you, we will not give any of your personal information to any third party without your express approval. We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties.
We can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. If you request any technical support, you consent to our remote accessing and review of the computer you load the software onto for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the service, the software and any services or software which may be provided in the future by us or on our behalf.
16. Parental guidance
Parents may find it inappropriate for use by persons under the age of 13. While Zemi may choose to monitor and take action upon inappropriate game play, chat or links to the service, it is possible that at any time there may be language or other material accessible on or through the service that may be inappropriate for children or offensive to some users of any age. Zemi cannot ensure that other players will not provide content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. Zemi does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.
17. Service interruption
Zemi reserves the right to interrupt the service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.
You acknowledge that the service may be interrupted for reasons beyond the control of Zemi, and Zemi cannot guarantee that you will be able to access the service or your account whenever you may wish to do so. Zemi shall not be liable for any interruption of the service, delay or failure to perform resulting from any causes beyond its reasonable control.
18. General
The failure of Zemi or the service provider customer to exercise its rights or insist upon the performance of the user's obligation hereunder shall not constitute a waiver or relinquishment of those or any other rights under these terms of agreement.
If any provision of the terms of agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision and the other provisions of the terms of agreement shall continue to be binding on and remain in full force and effect.
The terms of agreement, together with any separate written or online agreement between you, Zemi and/or the service provider customer (including but not limited to the mature content agreement if applicable to you) constitute the entire and only agreement, and supersedes any prior agreements between you, Zemi and/or the service provider customer, (including, but not limited to all prior versions of the user agreement, general terms of use, and terms of agreement, where applicable).
The terms of agreement and the relationship between you, Zemi and/or the service provider customer shall be governed by and construed in accordance with the laws of the United States, and such parties agree to submit to the jurisdiction of such courts.
You agree that regardless of any statute or law to the contrary, any action, suit or proceeding arising out of or related to the use of the service or to the terms of agreement must be commenced within 1 year after such claim or cause of action arose or be forever barred.
Section titles in the terms of agreement are for convenience only and have no legal or contractual effect or significance.
It is the express wish of the parties that the terms of agreement and all related documents have been drawn up in English.
19. Notice
Notices may be sent to you or you may send notices to Zemi via either e-mail or regular mail. The service may also provide notification of any changes to the terms of agreement or other matters pertaining to the service by displaying notices or links to notices generally on the service.
20. Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of Republic of South Korea, not including those particular cases stated herein. Except in any situation when international law comes first, then this agreement will be governed by and construed in accordance with the international laws. Any arbitration shall be initiated in the county of Seoul, Republic of South Korea. Any dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the county of l Seoul, Republic of South Korea, and you and Zemi agree to submit to the personal jurisdiction of that court.
The arbitration shall be conducted before three arbitrators in accordance with the rules of arbitration and conciliation of the international chamber of commerce then in effect. The parties shall be bound by the award rendered by the arbitrators and judgment thereon may be entered in any court of competent jurisdiction. Any award rendered by the arbitrators shall be final, and the parties shall not have any right of appeal.
21. Report violation
Please report any violations of the terms of agreement to our compliance department using email inquiry section on the official website.
I have read and understand the foregoing terms of agreement and agree to be bound by all of its terms.