| Language: |
This End User License Agreement (this “Agreement”) contains information about the use of the game products and related services (the “Services”) provided by Smilegate Holdings, Inc. (the “Company”). Please make sure to read the full text before using the Services.
The Company is a company located in Seongnam-si, Gyeonggi-do, Republic of Korea. By installing, copying, or using the Services or software of the Company, the person using the Services (the “User”) shall be deemed to agree to be bound by the terms of this Agreement specified by the Company.
This Agreement sets forth terms regarding (i) the use of the software, (ii) the use of the Services, etc. Please read these terms on a regular basis to ensure the User’s secure use of the Services.
By clicking the “Agree” or “Confirm” button at the bottom to complete the enrollment for using the Services, the User hereby signifies his/her understanding of the terms of use. Even if the User bypasses the “Agree” or “Confirm” button or omit the relevant procedure, the User shall be deemed to have agreed to the terms of this Agreement. If the User does not agree to the terms of this Agreement, the User may reject the terms by clicking the “Disagree” or “Cancel” button, and the User will not be able to access the system or use the Services.
The terms of this Agreement may be amended or changed from time to time, and the changes will be notified through notices in the Services, official websites related to the Services, or the platform that provides the Services (the “Platform”).
The User shall fulfill his/her duty of care with respect to the change of this Agreement, and in the event of any change to this Agreement, the User has the right to reject the revised Agreement. If the User communicates his/her intention to reject the revised Agreement to the Company by the effective date of the revised Agreement, the agreement between the User and the Company shall be terminated on the effective date of the revised Agreement. However, if the User does not communicate his/her intention to reject by the effective date of the revised Agreement, the User shall be deemed to have agreed to the revised Agreement.
To use the Services, the User may be required to:
(i) download the software;
(ii) create an account relating to the Services (the “Account”);
(iii) comply with the terms and conditions of this Agreement and any other rules of use for the Services provided.
The individual, that is, the person who has legally reached a legal age of majority, or a minor who is allowed with the consent of his or her legal representative, may create the Account to use the Services. The person creating the Account explicitly acknowledges and agrees that he/she is fully responsible for all consequences resulting from his or her creation and use of the Account.
The User may not share his/her Account with others or allow anyone other than himself/herself (or minors if a legal representative has registered the Account on their behalf) to access or use his/her Account. It is forbidden for multiple users to jointly use or share the Account.
Access to the system or use of the Services for any commercial purposes or profits is prohibited. Access to the system and use of the Services are allowed for the User’s personal use only and may not be used for commercial activities or for the purpose of making or receiving payments.
The User may not create an Account, access the system, or use the Services on behalf of any legal entity or business entity.
All responsibility for any transfer or attempted transfer of the right to use the Account to a person who is not the registered Account holder lies with the parties to the relevant transaction, not with the Company. The Company shall not be legally responsible for any and all acts, claims, credits, non-performance of transactions, omissions, liabilities, etc. between the parties to the relevant transactions (i.e., including those who wish to transfer the right to use the Account and any other parties to the transaction) and may take actions in accordance with the Company’s policy if such inappropriate activities are detected.
In the event of any conflict between the policy for the Account under this Agreement and the policy for the Platform, the policy for the Platform shall prevail.
Additional payments for the Services are not necessary to use the Services normally. However, additional content may require download fees or Account payments. Information on download fees, Account payments, and other costs, including content purchases, may be found through the initial purchase process, while information on special items in the Services is available before purchase. In addition, information on payment costs and payment details may also be found through the Platform provider or payment company.
The above costs and payments may be amended by the Company at any time.
The User may purchase Services-related content following the policy of the Platform, and matters related to the purchase price, payment method, and refund of content shall be subject to the relevant policy. Unless specifically mentioned in this Agreement as “refundable”, all items and purchases are non-refundable.
In the event of changes to terms relating to costs and payment methods, it shall be the User’s responsibility to check the relevant changes. If the User does not agree to the changes, the User may stop payment, terminate this Agreement and delete his/her Account in accordance with the termination provisions below.
The User is fully responsible for the costs of accessing the system, including fees and taxes associated with costs and payments, and hardware, software, Internet connection, and Account payment costs.
The Company does not guarantee continuous operation of the system or the Services, and may, at its sole discretion, discontinue all matters related to the Services at any time.
The Company may terminate the Services by announcing the termination of the Services on the Service website or on the Platform 30 days prior to the end of the Services.
Upon termination of this Agreement, all of the User’s Accounts will be suspended and all of the rights specified in this Agreement will be terminated. Following the relevant process, the User will no longer be able to use the relevant software and Services and will not be able to access the system or Services through a suspended Account.
When an Account is suspended, all contents of the Account, such as characters, items, and currency, etc. held by the User will be lost. Upon termination of this Agreement, the play time spent on the Services will not be compensated.
If the User violates this Agreement, his/her Account may be suspended. The User whose Account has been suspended may not access the system or the Services without permission from the Company.
The User is obligated to act in a proper manner in order to maintain his/her continuous right of access to the system and the Services. Without limiting the Company’s control over the Services, and also without limiting the User’s scope of permitted activities, the Company prohibits the following conducts that may deteriorate the overall experiences of all Users relating to the Services:
(1) The act of causing an enormous burden to the system without a reasonable ground;
(2) The act of modifying or changing the method of using the Services and content by using the software produced by the User or a third party;
(3) The act of obtaining in-game content (including characters, character capabilities/statistics, items, goods, objects, and skills) or achieving scores abnormally through software, macros, and/or automatic keystrokes owned by the User or a third party; and the act of manipulating user interface and/or Service data to obtain in-game content (including characters, character capabilities/statistics, items, goods, objects, and skills) or benefits abnormally;
(4) The act of creating or distributing programs that bypass system logins or access to the system or Services through software or information that can be obtained through system data analysis;
(5) The act of engaging in any misconduct that may be subject to civil liability, including harassment, violence, intimidation, defamation, any act involving harmful content, pornography, or obscene content, and infringement of intellectual property rights; and posting such misconduct on a chat window or public community;
(6) The act of intentionally delivering or receiving characters, currency, or items that are obtained, created, or duplicated by abnormal methods; or
(7) Any other act that is prohibited by applicable laws and regulations or is not permitted by good morals or other social norms.
The User shall not, whether or not for a consideration, transmit, rent, transfer, sell, auction or purchase any Services provided by the Company and/or any content ancillary to the Services, and shall not offer any such transaction to any third party. Such conduct is prohibited by this Agreement and shall constitute an infringement of the ownership of the Company.
If the Company determines that any information exposed to third parties in the course of the User’s use of the Services (e.g., postings, chats, etc.) may violate this Agreement or expose the Users, license providers, or suppliers to legal liabilities, the Company may take necessary measures, such as deletion, restriction of exposure, and sanctions, at its sole discretion. In addition, the Company may take necessary measures if it determines that the interests and rights of the Company, supplier, license provider, Internet provider, or the Users of the Services are damaged or interfered with, or if the reputation of the Company is harmed.
The information will be retained along with other Users’ Services use information collected from the Services and systems. The Company may analyze and use the Services use information, including the User’s game play information, for review, research, development, maintenance, operation, management, support, and sale of products and the Services.
The Company may conduct hardware monitoring to ensure that the User uses official software when using the Services or accessing the system. In addition, the Company may verify whether there are any violations of Article 5 of this Agreement and whether any illegal software created by the User or a third party is used.
Exposure to light or lighting may cause seizures with low probability. Special attention is required when using the Services as there is a possibility of seizures regardless of the previous medical history.
A. Software License
Under this Agreement, the Company provides the User with limited, non-exclusive, non-transferable, revocable and terminable software licenses (access and use rights) and related documents.
The Company provides limited, non-exclusive, non-transferable, revocable and terminable software licenses (access and use rights) and services to the User who comply with this Agreement and have a valid Account.
All rights not set forth in this Agreement are reserved by the Company.
All information obtained through the system may not be used for any purposes other than to use the Services. The User is not allowed to upload, download or use information that can be accessed or obtained from the system, except as permitted under this Agreement.
The User may not create new software based on the software or any software-related documents, and may not copy, distribute, rent, lease, adjust, translate, use, or display the software, or create derivative works. The Users may not transfer the software except as provided in this Agreement.
The extraction of source code through the User’s software or system information (including data packets transmitted over the network) is not permitted. Regardless of encryption, any act of disassembling, decompiling, reverse engineering, analyzing and decrypting packet stream code (or any attempt to do so), or any act of permitting a third party to do so, is prohibited.
The User may not bypass or deactivate a license if the software and/or systems contain license management technology.
If the User is found to have engaged in any conduct prohibited by this Article, he/she shall be deemed to have expressly waived all legal rights and shall be liable for compensating the Company for any damages.
B. Software Updates
The Company may update or modify the software from time to time for purposes such as content changes, functional expansion, content additions, and bug fixes.
The User grants the Company the following rights:
(i) the right to extract the hardware system profile data;
(ii) the right to collect information on the (Services and system access) file directories;
(iii) the right to download information related to personal hardware, Services files and the Services.
The above applies to all Accounts and hardware that attempt to access the system.
When distributing new software, the Company may request the User to change the software as a condition of Services use.
C. New Releases of Software
The User is not obligated to use any new software, expansion packs, updates, upgrades, or any additional content (collectively, the “New Software”) specified in this Agreement. However, the Company may distribute such contents at its discretion. The provisions of this Agreement also apply to the New Software.
When the New Software is released, the Company shares relevant information with the User and provides time for software downloads and program installation. The User shall install and run the New Software within a given period of time to access the system or use the Services. If the User fails to install the New Software within the given period of time, the Company shall have no liability whatsoever, except as provided by law, and shall have no obligation to refund any fees or expenses previously paid by the User.
A. Ownership of Software, Systems, and Services
The Company reserves all rights not expressly granted to the User.
As between the User and the Company, the Company has exclusive ownership of the software, systems, Services, and content in the Services. All software, systems, Services, and content in the Services are protected by applicable laws, including copyrights, trademark rights, and other proprietary rights laws.
Content in the Services: Comprised of software codes, programs, routines, subroutines, objects, files, data, characters (including Accounts and items, currencies, objects, and capabilities/statistics related to characters ), graphics, sound effects, music, animation, video, text, content, layout, design, and other information.
The Company, its affiliates, licensors, copyright holders, and/or suppliers hold ownership and intellectual property rights in the software, systems, Services, and content in the Services (the “Ownership”).
Except for the limited licenses described above, there are no rights granted to the Users.
In addition, the User may not claim ownership or other rights to the Account for reasons such as accumulated character experience points or acquired items.
Any infringement of the Company’s Ownership is a material breach of this Agreement, and the Company may suspend or terminate the User’s Account and/or terminate this Agreement. In addition, depending on the circumstances, the Company may take any measures as it deems appropriate. This provision does not limit or exclude any other rights and legal remedies of the Company.
In accordance with this Agreement, the Company may use the character information (other than the personal information) registered in the User’s Account without restriction (e.g., charts, lists, and other edits), to the extent not interfering with the User’s rights.
SOFTWARE, SYSTEMS, SERVICES, CONTENT IN THE SERVICES AND OTHER RELATED MATERIALS ARE PROVIDED ON AN “AS IS” BASIS, AND THE COMPANY IS NOT RESPONSIBLE FOR ANY KIND OF DEFECTS. THE USER IS RESPONSIBLE FOR ALL RISKS ASSOCIATED WITH HIS/HER ACCESS TO THE SYSTEM AND SERVICES.
THE COMPANY DISCLAIMS ALL TYPES OF WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY DOES NOT GUARANTEE THAT SYSTEM ACCESS AND SOFTWARE EXECUTION WILL PROCEED WITHOUT INTERRUPTION OR ERROR. IN ADDITION, THE SYSTEM OR SOFTWARE MAY NOT BE COMPATIBLE WITH THE USER’S HARDWARE OR SOFTWARE.
THE COMPANY MAKES EVERY EFFORT TO MAINTAIN THE SYSTEM, BUT DOES NOT GUARANTEE THAT THE SYSTEM WILL BE MAINTAINED ON AN ONGOING BASIS. THE SYSTEM MAY SHUT DOWN AT ANY TIME DURING THE SERVICE AND MAY SHUT DOWN FOR REASONS SUCH AS SYSTEM CHECKS, NEW SOFTWARE APPLICATIONS, EMERGENCIES, EQUIPMENT AND NETWORK ERRORS.
THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO ANY DAMAGE CAUSED BY THE COMPANY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, AND THE USER MAY CLAIM DAMAGES AGAINST THE COMPANY FOR ANY DAMAGE CAUSED BY THE COMPANY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
IF THE APPLICATION OF EACH PROVISION OF THIS ARTICLE IS RESTRICTED IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS, THE COMPANY’S LIABILITY FOR COMPENSATION TO THE CUSTOMER SHALL BE LIMITED, REDUCED OR EXEMPTED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAWS AND REGULATIONS.
THE USER AGREES TO INDEMNIFY THE COMPANY AND ITS PARTNERS, AFFILIATES, CONTRACTORS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, AND RELATED COSTS OR EXPENSES (INCLUDING ATTORNEY FEES RECOGNIZED BY LAWS) DIRECTLY OR INDIRECTLY RESULTING FROM THE USER’S ACT OR OMISSION RELATED TO THE USE OF THE SOFTWARE AND THE SERVICES, OR FROM THE USER’S BREACH OF THE TERMS OF THIS AGREEMENT, TO THE EXTENT SUCH CLAMS, DAMAGES, AND RELATED COSTS AND EXPENSES ARE NOT CAUSED BY THE COMPANY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
ALL RIGHTS AND REMEDIES UNDER THIS AGREEMENT ARE CUMULATIVE, AND DO NOT EXCLUDE THE COMPANY FROM SEEKING OR ENFORCING ANY OTHER RIGHTS AND REMEDIES AVAILABLE TO THE COMPANY AT LAW OR IN EQUITY.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, and if any dispute arises between the Company and the User in connection with this Agreement, both parties may file a lawsuit with the competent court under the Civil Procedure Act of the Republic of Korea.
1. This Agreement shall be effective from October 24, 2024.
The Company is a company located in Seongnam-si, Gyeonggi-do, Republic of Korea. By installing, copying, or using the Services or software of the Company, the person using the Services (the “User”) shall be deemed to agree to be bound by the terms of this Agreement specified by the Company.
This Agreement sets forth terms regarding (i) the use of the software, (ii) the use of the Services, etc. Please read these terms on a regular basis to ensure the User’s secure use of the Services.
By clicking the “Agree” or “Confirm” button at the bottom to complete the enrollment for using the Services, the User hereby signifies his/her understanding of the terms of use. Even if the User bypasses the “Agree” or “Confirm” button or omit the relevant procedure, the User shall be deemed to have agreed to the terms of this Agreement. If the User does not agree to the terms of this Agreement, the User may reject the terms by clicking the “Disagree” or “Cancel” button, and the User will not be able to access the system or use the Services.
The terms of this Agreement may be amended or changed from time to time, and the changes will be notified through notices in the Services, official websites related to the Services, or the platform that provides the Services (the “Platform”).
The User shall fulfill his/her duty of care with respect to the change of this Agreement, and in the event of any change to this Agreement, the User has the right to reject the revised Agreement. If the User communicates his/her intention to reject the revised Agreement to the Company by the effective date of the revised Agreement, the agreement between the User and the Company shall be terminated on the effective date of the revised Agreement. However, if the User does not communicate his/her intention to reject by the effective date of the revised Agreement, the User shall be deemed to have agreed to the revised Agreement.
1. Requirements for Use of Services
To use the Services, the User may be required to:
(i) download the software;
(ii) create an account relating to the Services (the “Account”);
(iii) comply with the terms and conditions of this Agreement and any other rules of use for the Services provided.
2. Account
The individual, that is, the person who has legally reached a legal age of majority, or a minor who is allowed with the consent of his or her legal representative, may create the Account to use the Services. The person creating the Account explicitly acknowledges and agrees that he/she is fully responsible for all consequences resulting from his or her creation and use of the Account.
The User may not share his/her Account with others or allow anyone other than himself/herself (or minors if a legal representative has registered the Account on their behalf) to access or use his/her Account. It is forbidden for multiple users to jointly use or share the Account.
Access to the system or use of the Services for any commercial purposes or profits is prohibited. Access to the system and use of the Services are allowed for the User’s personal use only and may not be used for commercial activities or for the purpose of making or receiving payments.
The User may not create an Account, access the system, or use the Services on behalf of any legal entity or business entity.
All responsibility for any transfer or attempted transfer of the right to use the Account to a person who is not the registered Account holder lies with the parties to the relevant transaction, not with the Company. The Company shall not be legally responsible for any and all acts, claims, credits, non-performance of transactions, omissions, liabilities, etc. between the parties to the relevant transactions (i.e., including those who wish to transfer the right to use the Account and any other parties to the transaction) and may take actions in accordance with the Company’s policy if such inappropriate activities are detected.
In the event of any conflict between the policy for the Account under this Agreement and the policy for the Platform, the policy for the Platform shall prevail.
3. Costs and Payment
Additional payments for the Services are not necessary to use the Services normally. However, additional content may require download fees or Account payments. Information on download fees, Account payments, and other costs, including content purchases, may be found through the initial purchase process, while information on special items in the Services is available before purchase. In addition, information on payment costs and payment details may also be found through the Platform provider or payment company.
The above costs and payments may be amended by the Company at any time.
The User may purchase Services-related content following the policy of the Platform, and matters related to the purchase price, payment method, and refund of content shall be subject to the relevant policy. Unless specifically mentioned in this Agreement as “refundable”, all items and purchases are non-refundable.
In the event of changes to terms relating to costs and payment methods, it shall be the User’s responsibility to check the relevant changes. If the User does not agree to the changes, the User may stop payment, terminate this Agreement and delete his/her Account in accordance with the termination provisions below.
The User is fully responsible for the costs of accessing the system, including fees and taxes associated with costs and payments, and hardware, software, Internet connection, and Account payment costs.
4. Termination and Account Suspension
The Company does not guarantee continuous operation of the system or the Services, and may, at its sole discretion, discontinue all matters related to the Services at any time.
The Company may terminate the Services by announcing the termination of the Services on the Service website or on the Platform 30 days prior to the end of the Services.
Upon termination of this Agreement, all of the User’s Accounts will be suspended and all of the rights specified in this Agreement will be terminated. Following the relevant process, the User will no longer be able to use the relevant software and Services and will not be able to access the system or Services through a suspended Account.
When an Account is suspended, all contents of the Account, such as characters, items, and currency, etc. held by the User will be lost. Upon termination of this Agreement, the play time spent on the Services will not be compensated.
If the User violates this Agreement, his/her Account may be suspended. The User whose Account has been suspended may not access the system or the Services without permission from the Company.
5. Prohibited Conduct
The User is obligated to act in a proper manner in order to maintain his/her continuous right of access to the system and the Services. Without limiting the Company’s control over the Services, and also without limiting the User’s scope of permitted activities, the Company prohibits the following conducts that may deteriorate the overall experiences of all Users relating to the Services:
(1) The act of causing an enormous burden to the system without a reasonable ground;
(2) The act of modifying or changing the method of using the Services and content by using the software produced by the User or a third party;
(3) The act of obtaining in-game content (including characters, character capabilities/statistics, items, goods, objects, and skills) or achieving scores abnormally through software, macros, and/or automatic keystrokes owned by the User or a third party; and the act of manipulating user interface and/or Service data to obtain in-game content (including characters, character capabilities/statistics, items, goods, objects, and skills) or benefits abnormally;
(4) The act of creating or distributing programs that bypass system logins or access to the system or Services through software or information that can be obtained through system data analysis;
(5) The act of engaging in any misconduct that may be subject to civil liability, including harassment, violence, intimidation, defamation, any act involving harmful content, pornography, or obscene content, and infringement of intellectual property rights; and posting such misconduct on a chat window or public community;
(6) The act of intentionally delivering or receiving characters, currency, or items that are obtained, created, or duplicated by abnormal methods; or
(7) Any other act that is prohibited by applicable laws and regulations or is not permitted by good morals or other social norms.
The User shall not, whether or not for a consideration, transmit, rent, transfer, sell, auction or purchase any Services provided by the Company and/or any content ancillary to the Services, and shall not offer any such transaction to any third party. Such conduct is prohibited by this Agreement and shall constitute an infringement of the ownership of the Company.
If the Company determines that any information exposed to third parties in the course of the User’s use of the Services (e.g., postings, chats, etc.) may violate this Agreement or expose the Users, license providers, or suppliers to legal liabilities, the Company may take necessary measures, such as deletion, restriction of exposure, and sanctions, at its sole discretion. In addition, the Company may take necessary measures if it determines that the interests and rights of the Company, supplier, license provider, Internet provider, or the Users of the Services are damaged or interfered with, or if the reputation of the Company is harmed.
6. Monitoring
The Company may collect and retain information on the User’s use of the Services. In the event that the Company collects and retains such information, it shall obtain the User’s consent concerning the scope of collection and use of the information prior to the use of the Services.The information will be retained along with other Users’ Services use information collected from the Services and systems. The Company may analyze and use the Services use information, including the User’s game play information, for review, research, development, maintenance, operation, management, support, and sale of products and the Services.
The Company may conduct hardware monitoring to ensure that the User uses official software when using the Services or accessing the system. In addition, the Company may verify whether there are any violations of Article 5 of this Agreement and whether any illegal software created by the User or a third party is used.
7. Seizure Warning
Exposure to light or lighting may cause seizures with low probability. Special attention is required when using the Services as there is a possibility of seizures regardless of the previous medical history.
8. License
A. Software License
Under this Agreement, the Company provides the User with limited, non-exclusive, non-transferable, revocable and terminable software licenses (access and use rights) and related documents.
The Company provides limited, non-exclusive, non-transferable, revocable and terminable software licenses (access and use rights) and services to the User who comply with this Agreement and have a valid Account.
All rights not set forth in this Agreement are reserved by the Company.
All information obtained through the system may not be used for any purposes other than to use the Services. The User is not allowed to upload, download or use information that can be accessed or obtained from the system, except as permitted under this Agreement.
The User may not create new software based on the software or any software-related documents, and may not copy, distribute, rent, lease, adjust, translate, use, or display the software, or create derivative works. The Users may not transfer the software except as provided in this Agreement.
The extraction of source code through the User’s software or system information (including data packets transmitted over the network) is not permitted. Regardless of encryption, any act of disassembling, decompiling, reverse engineering, analyzing and decrypting packet stream code (or any attempt to do so), or any act of permitting a third party to do so, is prohibited.
The User may not bypass or deactivate a license if the software and/or systems contain license management technology.
If the User is found to have engaged in any conduct prohibited by this Article, he/she shall be deemed to have expressly waived all legal rights and shall be liable for compensating the Company for any damages.
B. Software Updates
The Company may update or modify the software from time to time for purposes such as content changes, functional expansion, content additions, and bug fixes.
The User grants the Company the following rights:
(i) the right to extract the hardware system profile data;
(ii) the right to collect information on the (Services and system access) file directories;
(iii) the right to download information related to personal hardware, Services files and the Services.
The above applies to all Accounts and hardware that attempt to access the system.
When distributing new software, the Company may request the User to change the software as a condition of Services use.
C. New Releases of Software
The User is not obligated to use any new software, expansion packs, updates, upgrades, or any additional content (collectively, the “New Software”) specified in this Agreement. However, the Company may distribute such contents at its discretion. The provisions of this Agreement also apply to the New Software.
When the New Software is released, the Company shares relevant information with the User and provides time for software downloads and program installation. The User shall install and run the New Software within a given period of time to access the system or use the Services. If the User fails to install the New Software within the given period of time, the Company shall have no liability whatsoever, except as provided by law, and shall have no obligation to refund any fees or expenses previously paid by the User.
9. Ownership
A. Ownership of Software, Systems, and Services
The Company reserves all rights not expressly granted to the User.
As between the User and the Company, the Company has exclusive ownership of the software, systems, Services, and content in the Services. All software, systems, Services, and content in the Services are protected by applicable laws, including copyrights, trademark rights, and other proprietary rights laws.
Content in the Services: Comprised of software codes, programs, routines, subroutines, objects, files, data, characters (including Accounts and items, currencies, objects, and capabilities/statistics related to characters ), graphics, sound effects, music, animation, video, text, content, layout, design, and other information.
The Company, its affiliates, licensors, copyright holders, and/or suppliers hold ownership and intellectual property rights in the software, systems, Services, and content in the Services (the “Ownership”).
Except for the limited licenses described above, there are no rights granted to the Users.
In addition, the User may not claim ownership or other rights to the Account for reasons such as accumulated character experience points or acquired items.
Any infringement of the Company’s Ownership is a material breach of this Agreement, and the Company may suspend or terminate the User’s Account and/or terminate this Agreement. In addition, depending on the circumstances, the Company may take any measures as it deems appropriate. This provision does not limit or exclude any other rights and legal remedies of the Company.
In accordance with this Agreement, the Company may use the character information (other than the personal information) registered in the User’s Account without restriction (e.g., charts, lists, and other edits), to the extent not interfering with the User’s rights.
10. DISCLAIMER; NO WARRANTIES; LIMITATION OF LIABILITY
SOFTWARE, SYSTEMS, SERVICES, CONTENT IN THE SERVICES AND OTHER RELATED MATERIALS ARE PROVIDED ON AN “AS IS” BASIS, AND THE COMPANY IS NOT RESPONSIBLE FOR ANY KIND OF DEFECTS. THE USER IS RESPONSIBLE FOR ALL RISKS ASSOCIATED WITH HIS/HER ACCESS TO THE SYSTEM AND SERVICES.
THE COMPANY DISCLAIMS ALL TYPES OF WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY DOES NOT GUARANTEE THAT SYSTEM ACCESS AND SOFTWARE EXECUTION WILL PROCEED WITHOUT INTERRUPTION OR ERROR. IN ADDITION, THE SYSTEM OR SOFTWARE MAY NOT BE COMPATIBLE WITH THE USER’S HARDWARE OR SOFTWARE.
THE COMPANY MAKES EVERY EFFORT TO MAINTAIN THE SYSTEM, BUT DOES NOT GUARANTEE THAT THE SYSTEM WILL BE MAINTAINED ON AN ONGOING BASIS. THE SYSTEM MAY SHUT DOWN AT ANY TIME DURING THE SERVICE AND MAY SHUT DOWN FOR REASONS SUCH AS SYSTEM CHECKS, NEW SOFTWARE APPLICATIONS, EMERGENCIES, EQUIPMENT AND NETWORK ERRORS.
THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO ANY DAMAGE CAUSED BY THE COMPANY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, AND THE USER MAY CLAIM DAMAGES AGAINST THE COMPANY FOR ANY DAMAGE CAUSED BY THE COMPANY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
IF THE APPLICATION OF EACH PROVISION OF THIS ARTICLE IS RESTRICTED IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS, THE COMPANY’S LIABILITY FOR COMPENSATION TO THE CUSTOMER SHALL BE LIMITED, REDUCED OR EXEMPTED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAWS AND REGULATIONS.
THE USER AGREES TO INDEMNIFY THE COMPANY AND ITS PARTNERS, AFFILIATES, CONTRACTORS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, AND RELATED COSTS OR EXPENSES (INCLUDING ATTORNEY FEES RECOGNIZED BY LAWS) DIRECTLY OR INDIRECTLY RESULTING FROM THE USER’S ACT OR OMISSION RELATED TO THE USE OF THE SOFTWARE AND THE SERVICES, OR FROM THE USER’S BREACH OF THE TERMS OF THIS AGREEMENT, TO THE EXTENT SUCH CLAMS, DAMAGES, AND RELATED COSTS AND EXPENSES ARE NOT CAUSED BY THE COMPANY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
ALL RIGHTS AND REMEDIES UNDER THIS AGREEMENT ARE CUMULATIVE, AND DO NOT EXCLUDE THE COMPANY FROM SEEKING OR ENFORCING ANY OTHER RIGHTS AND REMEDIES AVAILABLE TO THE COMPANY AT LAW OR IN EQUITY.
11. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, and if any dispute arises between the Company and the User in connection with this Agreement, both parties may file a lawsuit with the competent court under the Civil Procedure Act of the Republic of Korea.
<Addenda>
1. This Agreement shall be effective from October 24, 2024.