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Moonbreaker TERMS OF SERVICE AND LICENSE AGREEMENT
Effective Date: 2022/08/23
These Terms of Service and License Agreement (“Terms”), the Rules of Conduct, and our Privacy Policy (located at https://moonbreaker.com/pages/privacy/) apply to and govern your use of Moonbreaker, which comprises the video game software (the “Game Software”), the associated media, any software associated with the online mode of the video game (subject to any additional terms of service applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials (collectively, the “Game”) published by KRAFTON, Inc. (“Company,” “we”, “our,” or “us”). These Terms also apply to and govern your use of the services that support or are related to the Game (collectively, the “Services”).
“User”, “you”, or “player” means the person who uses the Game or Services by: (i) installing, copying or otherwise using the Game Software; (ii) using the Game; or (iii) using the Services. If you are a minor (i.e., below the age at which you can provide consent under the laws of your territory) and you choose to use the Game or Services, we must have valid consent from your parents or legal guardian.
If you have a KRAFTON Account (an “Account”), which can be found at accounts.krafton.com, these Terms shall coexist with, and shall not supersede, the Terms that apply to your Account (the “Account Terms”). To the extent that the provisions of these Terms conflict with the provisions of the Account Terms, these Terms shall govern.
BY CLICKING “ACCEPT”, YOU AGREE TO BE BOUND BY THE TERMS IN THIS AGREEMENT, AS WELL AS THE RULES OF CONDUCT LOCATED AT https://moonbreaker.com/pages/rules-of-conduct/ AND OUR PRIVACY POLICY LOCATED AT https://moonbreaker.com/pages/privacy/.
DO NOT CLICK “ACCEPT” IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THE RULES OF CONDUCT LOCATED AT https://moonbreaker.com/pages/rules-of-conduct/, OR OUR PRIVACY POLICY LOCATED AT https://moonbreaker.com/pages/privacy/.
PLEASE NOTE THE ARBITRATION AGREEMENT SET FORTH IN SECTION 11 AND THE CLASS ACTION WAIVER IN SECTION 14 BELOW, REQUIRES YOU TO, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, ARBITRATE ON AN INDIVIDUAL BASIS ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANY OR THE GAME’S LICENSORS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THE CLASS ACTION WAIVER MEANS THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
IN ORDER TO USE THE GAME OR SERVICE ON SPECIFIC PLATFORMS OR DEVICES (e.g., Steam), YOU WILL ALSO BE REQUIRED TO ACCEPT AND COMPLY WITH ALL RULES OF EXTERNAL PLATFORMS OR DEVICES APPLICABLE TO THE SPECIFIC GAME, INCLUDING BUT NOT LIMITED TO THE THIRD-PARTY PLATFORM’S TERMS OF SERVICE AND PRIVACY POLICY.
1. Limited License
2. Amendments, Updates, and Patches
3. Prohibited Uses
4. Accessing the Game and Services
5. Ownership
6. Player-Created Content
7. Disclaimers
8. Limitation of Liability; Indemnification
9. Period and Termination
10. Transfer of Terms and Conditions
11. Grievance Handling and Dispute Resolution; Arbitration Agreement
12. Inadequacy of damages
13. Governing Law and Disputes
14. Class Action Waiver
15. Copyright Notice
16. Refund Policy
17. Other policies
18. Miscellaneous
1. Limited License
Subject to your agreement and compliance with these Terms, the Company grants to you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to download, install and use one (1) copy of the Game on one (1) computer, console, mobile phone, handheld device, or similar device now known or hereafter devised (each, a “Device”) at any given time solely for your personal use (the “License”). Subject to Section 3(e) (consent to account transfer), the License shall be non-transferrable. All rights not specifically granted under this License are hereby reserved by the Company and, as applicable, by its licensors. The Game is licensed to you, not sold. This License does not give you any title or ownership in the Game and should not be construed as a sale or transfer of any intellectual property or other rights to the Game. The License shall terminate automatically if you fail to comply with these Terms. In such event, you must uninstall all copies of the Game and the Game Software. You may also terminate the License at any time by uninstalling the Game Software from your Devices (including any archival copies).
Subject to your agreement and compliance with these Terms, the Company also grants to you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to: (i) create live or recorded gameplay videos that leverage assets from the Game, such as images, video, sound effects, recordings, and in-game music (“Gameplay Videos”); and (ii) distribute such Gameplay Videos on websites that permit others to view such Gameplay Videos without any charge of any kind. You may not license or sublicense your Gameplay Video to anyone else for a fee or any other commercial use without first receiving our written authorization to do so. You may not include in any Gameplay Video (nor anywhere linked near or on the same webpage as the Video) any content that is prohibited by us in these Terms or the Rules of Conduct. Any Gameplay Video must include the following prominent disclaimer either at the beginning of the Video or, if live-streaming, near the Video in a visible font: “This video is subject to the Game’s Terms of Service and was not endorsed or sponsored by KRAFTON or Unknown Worlds.” We may terminate the limited license granted to you to create, distribute or otherwise make available a Gameplay Video for any reason (or for no reason at all) without notice or liability to you.
2. Amendments, Updates, and Patches
(a) These Terms can be found at any time on the Game’s official website.
(b) The Company may change or update these Terms in its sole discretion, and at any time, to the extent consistent with applicable laws and regulations.
(c) Material changes to these Terms will be brought to your attention as Company may determine in its sole discretion. If any such future changes to these Terms are unacceptable to you or cause you to no longer be in compliance with these Terms, you may terminate these Terms in accordance with Section 9 (Period and Termination) below and you will no longer be able to use the Game or Services. You are otherwise responsible for checking this page regularly to make note of any changes. Your continued use of the Game or Services after we have posted updated Terms means that you agree to the changes and updates to these Terms.
(d) Company may provide updates, patches and other modifications to the Game that must be installed for the User to continue to play the Game properly or at all. Company may update, patch or modify the Game remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to Company the right to deploy and apply such patches, updates and modifications. All provisions of these Terms that refer to the Game shall also include all such patches, updates and modifications.
(e) Company may upgrade, change, or terminate the Game, Game Software, or Service, or it may discontinue offering any or all without further notice to you.
3. Prohibited Uses
Company provides the Game and the Service to Users only for personal, non-commercial and entertainment purposes, as limited by these Terms. You agree not to violate any of these Terms. Violation of any portion of these Terms may lead to temporary or permanent suspension of your Account that you create with us in relation to the Game and the Service or your access to the Game or Services. Violation of any portion of these Terms may, in some instances, require an investigation by the Company (although Company is not obligated to do so or to monitor access to or use of the Game or Services), in accordance with these Terms. You agree to only use the Game and the Services, or any part of them, in a manner that is consistent with these Terms and you SHALL NOT, AND NOT ATTEMPT TO:
(a) without written permission from Company, use, advertise or exploit in any manner the Game or the Services (in each case in whole or in part) for non-personal, commercial purposes;
(b) use the Game or Services in connection with unauthorized software, applications, services, or Devices. Such use may be illegal, voids any warranty, and is a breach of these Terms;
(c) without a separate, additional license from Company, use the Game or permit the use of the Game on more than one Device;
(d) use the Game, or permit use of the Game, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise allowed through normal operation of the Game (as it is intended to be played) or explicitly permitted by Company in writing;
(e) make copies of the Game or the Services (in each case in whole or in part), except that you may make one (1) copy of the Game for backup or archival purposes, or make copies of the materials accompanying the Game for non-commercial backup and reference only;
(f) sell, rent, lease, license, distribute, upload to any Internet server or other website, or otherwise transfer any portion or copies of the Game or Services without the express prior written consent of Company which may involve the payment of a fee (for the Account and, separately, any digital assets); or attempt to access or search the Game or Services or download content from the Game or Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, or similar) other than software provided by Company or other generally available third-party web browsers.
(g) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game or Services (in each case in whole or in part) or infringe any patent, trademark, copyright or other proprietary rights, except as applicable law expressly permits, in which case any and all lawful modifications, adaptations, improvements, etc., and all copyrights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Company or its licensors on creation, in any event, and all moral rights (these include the right to be credited as the author of a work and the right to object to derogatory treatment of a work) therein shall be deemed waived (which means you will not be able to enforce your moral rights);
(h) remove, disable, avoid, impair, descramble, or circumvent any security protections or any technical measures that control access to the Game or Services, or attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures;
(i) upload, modify, share, display or publish any information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any Device resource;
(j) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game or Services;
(k) export or re-export the Game or Services or any copy or adaptation of the Game or the Service in violation of any applicable laws or regulations;
(l) create data or executable programs that mimic the data or functionality in the Game or Services;
(m) steal or publish information belonging to others (including but not limited to personal information or personal data, non-personal information, and payment information) without requisite consent or a license;
(n) impersonate any person, including Company, our affiliates, our designated partners, our designated representatives, or our employees;
(o) harm the reputation of Company, our affiliates, our service providers or licensors, or the reputation of the Game or the Services;
(p) post, link to, advertise, promote, or transmit anything that is illegal, invasive of privacy, harmful, threatening, abusive, blasphemous, harassing, tortious, disparaging, defamatory, vulgar, sexually explicit, pornographic, pedophilic, libelous, obscene, hateful, racially or ethnically offensive, or relating to or encouraging money laundering or gambling;
(q) take advantage of the Company or others by exploiting, deceiving or misleading others in any way (as determined in our sole discretion);
(r) use the Game or Services (in each case in whole or in part) in a manner that is related to illegal activities or any action that negatively impacts the provision, delivery or support of the Game or Services;
(s) exploit errors and bugs found while playing the Game or using the Services;
(t) violate any applicable law, rule, or regulation in connection with your access or use of the Game or Services;
(u) access or use the Game or Services for any purpose that is beyond the scope of the Game’s or the Services’ intended use (in Company’s sole judgment), such as tampering with, or using non-public areas of the Game or Services, the computer systems of Company or its providers, or the technical delivery systems of Company and its providers;
(v) use, develop, advertise, trade, or distribute unauthorized programs, including but not limited to any programs that intercept communications in the Game between a game and a game server or between a Service and its server, or any unauthorized third-party programs or Devices that may affect the Game or normal game play or access to the Services (including but not limited to hacks, cheats, helpers, bots, scripts, trainers, automatic programs, automatic mouse, mouse with macro function, programs that collect or modify game data by reading the game memory, etc.).
(w) disrespect or use offensive words, symbols, or other communication (determined by context and in Company’s sole discretion) towards others, including based on their race, gender, nationality or otherwise;
(x) create offensive nicknames or in-game paint jobs or those that may provoke negative imagery;
(z) intentionally team up between players or other teams in ways that the Company system does not presuppose in each game mode;
(aa) stalk other players from match to match;
(ab) manipulate the results of the Game in an unfair way or otherwise access or use the Game or Services in a manner that confers an unfair advantage or disadvantage to any player including yourself;
(ac) upload, modify, share, display or publish any information that is harmful to minors;
(ad) use someone else’s Account to access the Game or Services;
(ae) use IP proxying or other methods to disguise the location of your use or Device, whether to circumvent geographical restrictions on the use of the Game or Services or for any other purpose or in a way that violates these Terms;
(af) use, display, mirror, or frame without our express written consent the Game or Services or any individual element within the Game or Services, the name or any trademark, logo or other proprietary information of Company, our affiliates, our service providers or licensors; or
(ag) encourage or enable any other individual to do any of the foregoing.
Any action which is not defined in these Terms that negatively impacts the delivery of the Game or Services, or that negatively affects other players, may be subject to warning and penalty, including termination of the License granted to you herein.
Furthermore, you agree that you shall abide by any safety information, security instructions, required updates, or any other relevant notices contained on the Game’s official website, in the Game’s manual, or otherwise associated with the Game or Services.
4. Accessing the Game and Services
The accessibility of the Game and Services may be subject to the Company shutting them down, in whole or in part, for any period the Company deems appropriate to enable the update or technical maintenance of the Game or Services, or any other action that the Company determines in its sole discretion. The availability of the Game and Services may also be subject to your geographic location. The Company may make amendments to the Game and Services or restrict access (including cancellation, termination, modification or suspension of a User’s Account or License) by all or specific Users without notice and in its sole discretion.
5. Ownership
The License confers to you no title or ownership in the Game, including any in-game items, or Services, and it should not be construed as a sale of any rights in the Game or Services.
You agree and acknowledge that all rights, title, and interest, including intellectual property rights in and connected with the Game and the Services and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game, and any related documentation) (the “Game IP”), are owned by Company or its licensors. We do not provide you with any interest in the Game IP and you hereby agree that you do not, and will not, claim any ownership rights in the Game IP. Except as expressly authorized by us in writing, you may not create works based on the Game IP or modify, distribute, or transmit the Game IP. If you do not abide by the requirements of this section, we shall own all right, title, and interest in any works created, adapted, distributed, or transmitted via the Game or Services, or, in the alternative, have an unlimited license thereto.
6. Player-Created Content
1) Company or its licensors own all rights, title and interest, including all intellectual property rights, in and to any content you, as a User, submit to Company via the Game or the Services (“Player-Created Content”). To the extent that full title, rights or interests to Player-Created Content does not automatically vest in Company or its licensors for any reason (for example there may specific laws in your territory which impact these rights being automatically vested in Company or its licensors), you hereby legally transfer, assign and convey all rights, title and interest (including all intellectual property rights) in Player-Created Content to Company. If rights, title or interest in and to Player-Created Content cannot be legally assigned, transferred or conveyed to the Company, whether in whole or in part, you hereby grant to Company a free, perpetual, worldwide, irrevocable, transferable, sublicensable right to use the Player-Created Content (including to modify, adapt, use, reproduce, license, publish, broadcast, perform, sell, translate, create derivative works from and distribute any Player-Created Content) for any purpose, commercial or otherwise, in any format existing now or in the future. You also agree to waive any right to claim that Company’s or Company’s sublicensee’s use of Player-Created Content violates or infringes any of your rights, including but not limited to moral rights, rights of privacy, rights to publicity, proprietary or other rights, or rights to any credits for the material or ideas set forth therein.
The Company or its licensors have ownership rights and intellectual property rights to the Game and Services.
- All Player-Created Content must acknowledge and display the appropriate copyright and trademarks. Using third-party intellectual property without a license or permission is not permitted.
- All Player-Created Content must not contain (or link to) other sources or advertisements containing any hacks, exploits, virtual currency farming, illegal activities, content that would conflict with the Game’s ratings, if applicable, or any other inappropriate content as determined by Company.
- The Company does not commit to any monitoring or supervision of Player-Created Content. However, there may be situations in which the Company does need to monitor, screen, edit, block or remove any Player-Created Content, in whole or in part, sent through or appearing in the Game or through the Services (for example, if the Company considers the Player-Created Content may be in breach of these Terms, may cause harm, or if otherwise required to by law).
By making Player-Created Content, you agree to these Terms, the Rules of Conduct, and Company’s Privacy Policy. Furthermore, you agree to indemnify Company from any legal claims or fees that arise in relation to your Player-Created Content.
The Game is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other relevant laws. All rights are reserved worldwide. The Game contains certain materials licensed by Company from others, and Company and its licensors may protect their rights in the event of any violation of these Terms.
2) The Company and its licensors have the ownership, licensing rights and all other rights to all content related to the Game. You have the limited right to use in-game data (items, game currency, etc.) or similar content in the Game, solely in accordance with Terms and the Rules of Conduct. However, you do not own the copyrights and other rights in the in-game data you possess. You are not allowed to transfer, sell, donate, or attempt to trade virtual property outside of the Game. This is not permitted except with written approval from the Company.
7. Disclaimers
Save as set out in Section 8 (Limitation of Liability; Indemnification) below, the Company and its licensors are not responsible for:
(a) any interruption of the Game or Services, use of the Game or Services, or termination of an Account due to any action or fault of the User;
(b) any action of a telecommunications provider to cease or fail to provide the telecommunication service;
(c) any unavoidable reasons that cause the Game or Services to fail, such as maintenance, replacement, regular inspection, construction, etc., save with respect to intentional or material negligence of the Company;
(d) any problems caused by the User’s Device or problems related to the network environment;
(e) the information, data, facts, reliability, accuracy, quality etc. of such content posted or transmitted by the User or a third party in the Game or Services or on the official website of the Company or Game;
(f) your interactions with other Users or third parties when using the Game or Services (we may, at our sole discretion, attempt to mediate disputes between Users, but we are not obliged to become involved or become responsible in any way with such disputes.);
(g) anything which is the responsibility of a third party (unless they are under the direction and control of the Company);
(h) any loss involved when making selections or using the Game or Services, particularly when Users fail to receive the results they expect of the in-Game items;
(j) any loss of the User’s in-Game assets (such as in-Game currency or in-Game items); or
(k) circumstances in which the Company limits the Users’ use of Game or Services in accordance with the relevant laws or government policies.
Save as set out in Section 8 (Limitation of Liability; Indemnification) below, Company and its licensors do not make any promises regarding your use of the Game and Service. The Game and Services are provided “as is” and “as available,” without warranty of any kind (including any implied warranty of merchantability, non-infringement, quiet enjoyment, fitness for a particular purpose, or any warranties arising out of course of dealing, course of performance, or usage of trade), to the maximum extent permitted by law. You acknowledge that use of the Game and Services is at your sole risk. Company and its licensors do not make any promises that you will be able to enjoy continuous, error-free, secure or virus-free operation of the Game, Services or your Account.
Please note that some jurisdictions do not allow the above warranty limitations, so these limitations depend on where you live and may not apply to you.
The Game or Services may allow you to access third-party websites or services, and we provide access only as a convenience and are not responsible for any content, products, or services available through these websites or resources. You acknowledge sole responsibility for, and assume all risks arising from, your use of any such third-party websites or services.
8. Limitation of Liability; Indemnification
The Company and its licensors will not be responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you use the Game or Services, including where the damage or loss results from our breach of these Terms.
The Game or Services may be changed or suspended temporarily and without notice for any reason, including where we decide to end the Game or Service (in whole or in part), in the case of system failure, maintenance or repair, or for reasons beyond our reasonable control. Except as set out elsewhere in these Terms, we will not be liable to you or to any other person in the event that all or part of the Game or Services are unavailable, discontinued, modified or changed in any way.
The Company and its licensors do not accept any responsibility for:
(a) any damage or loss caused to you where you are not entering into these Terms as a consumer;
(b) any failure, suspension or termination of access to the Game or Services or any content in connection with or arising out of a force majeure event. In these Terms, a "force majeure" event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents; or
(c) any claims brought against you by a third party except as stated in these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE IN ANY WAY FOR ANY: (i) LOSS OF PROFITS; (ii) LOST REVENUE; (iii) LOST SAVINGS; (iv) LOSS OR EXPOSURE OF DATA; OR (v) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE APP, OR THE SERVICES, EVEN IN THE EVENT OF OUR FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR LIABILITY ARISING UNDER, RELATING OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, INCLUDING ANY LIABILITY FOR DIRECT OR INDIRECT DAMAGES, LOSSES OR INJURIES, EXCEED FIFTY U.S. DOLLARS ($50). THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE AT LAW.
You agree that you will compensate (in legal terms this is often referred to as indemnifying) the Company, its partners, affiliates, contractors, licensors, officers, directors, employees, and will defend, protect, indemnify and hold harmless Company from any claims, lawsuits, damages, losses, liabilities and expenses (including reasonable legal and attorneys’ fees) arising directly or indirectly out of or in conjunction with your acts or omissions including: (A) use, or misuse of the Game or Services; and (B) your breach of any of the provisions of these Terms. Company reserves the right to assume exclusive defense and control over all matters subject to indemnification by you.
9. Period and Termination
These Terms are effective unless and until terminated by either you or Company. Company or the User may terminate the License or the User’s access to the Game or Services at any time, for any reason or no reason at all, without prior notice. Termination by Company will go into effect immediately upon the termination or deletion of your Account. This Agreement, and any license granted by Company to you, is terminated immediately when you delete the Game Software. Except as required by applicable laws or permitted by our Refund Policy, Company will not issue a refund for any in-Game currency or in-Game goods or items lost due to such termination, whether voluntary or involuntary, and you also acknowledge that Company is not liable to provide a refund for any reason, even if you terminate the Terms. You are fully responsible for any problem that may occur due to inaccurate information you provided when registering an Account, and you also acknowledge that Company reserves the right to terminate your Account if the information you provided is inaccurate.
Sections 2 (Amendments, Updates, and Patches), 3 (Prohibited Uses), 5 (Ownership), 6 (Player-Created Content), 7 (Disclaimers), 8 (Limitation of Liability; Indemnification), 9 (Period and Termination), 11 (Grievance Handling and Dispute Resolution; Arbitration Agreement), 12 (Inadequacy of Damages) 13 (Governing Law and Disputes), 14 (Class Action Waiver) 16 (Refund Policy) 17 (Other Policies) and 18 (Miscellaneous) shall survive any termination of these Terms.
10. Transfer of Terms and Conditions
Transfer of the License to access and use the Game can only occur as set out in these Terms.
11. Grievance Handling and Dispute Resolution; Arbitration Agreement
a) If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Before taking any formal action, you agree to first contact us in writing and provide a description of your dispute, all relevant documents, and your proposed resolution. If we are unable to resolve your dispute within thirty (30) days of your notice to us, you agree to submit your dispute to binding arbitration or small claims court as set forth in this Section. Please forward your dispute to: KRAFTON, Inc., Attn. Legal Department, 28~35F, 231, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea.
b) Subject to subsection (a) above, you and Company agree that any disputes arising out of or in connection with this Agreement shall be finally settled by arbitration by the Korean Commercial Arbitration Board, in accordance with the International Arbitration Rules of the Korean Commercial Arbitration Board. The number of arbitrators shall be one. The seat, or legal place, of arbitral proceedings shall be Seoul, the Republic of Korea. The language to be used in the arbitral proceedings shall be English. In any action or suit to enforce any right or remedy under this Agreement, to interpret any provisions of this Agreement, or to settle a dispute between the parties hereto, the prevailing party will be entitled to recover its costs, including reasonable attorneys’ fees and expenses. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU HEREBY WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. If a dispute arises between Company and the User, Company shall faithfully demonstrate the measures taken in respect of the User, including any restrictions of usage, and will comply with result of any arbitration decision.
c) The Company has the sole discretion on whether to, and to what extent to, but no obligation to, enforce any rights of Company or take any actions as stated in these Terms.
d) This agreement to arbitrate disputes is intended to encompass all disputes or claims arising out of your relationship with Company, including our respective subsidiaries, affiliates, predecessors in interest, successors, licensors, and assigns, arising out of or relating to the Game or Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory).
12. Inadequacy of damages
Without prejudice to any other rights or remedies that Company may have, you acknowledge and agree that compensation by way of damages alone would not be an adequate remedy for any breach of these Terms by you, because Company would suffer irreparable losses if you breach these Terms. Accordingly, you agree that Company and its licensors shall be entitled to the remedies of an injunction, specific performance or any other equitable remedy, in addition to any other remedies available to it under the applicable law. For the avoidance of doubt, Company and its licensors shall be entitled to an injunction, specific performance or any other equitable remedy without bond, other security or proof of losses.
13. Governing Law and Disputes
If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. These Terms shall be interpreted and governed by the laws of the Republic of Korea. All lawsuits related to these Terms are subject to the jurisdiction of the courts in Korea pursuant to relevant laws such as the Code of Civil Procedure. Other laws may apply if you use the Game outside of the Republic of Korea. In such event, the applicable local laws shall only affect these Terms to the extent required by the applicable jurisdiction, and these Terms shall be construed as to make their terms and conditions as effective as possible. You must comply with all local laws to the extent that local law applies.
14. Class Action Waiver
Consistent with the foregoing arbitration agreement, you agree not to participate in, including but not limited to, a class or representative action, private attorney general action, or collective arbitration related to the Game or Services or these Terms. You also agree not to seek to combine any action or arbitration related to the Game or Services or these Terms with any other action or arbitration without the consent of all parties to these Terms and all other actions or arbitrations.
15. Copyright Notice
If you think any materials from Company or Company-branded websites infringe your copyright-protected work under the copyright law, you may provide an infringement notice to Company’s designated agent as set forth below. Also, to ensure your notice is effective, you must include the following information:
(a) Sufficient details to enable us to identify the work claimed to be infringed;
(b) Your contact information, including your address and email address;
(c) A statement that you have a good faith belief that the disputed work is not authorized by the copyright owner, its agent, or the law;
(d) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right in the work that is allegedly infringed; and
(e) Your physical or electronic signature;
The contact information of Company’s designated agent is as follows:
KRAFTON, Inc.
Attn: Legal Affair Department Agent
28~35F, 231, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea
KRAFTON, Inc.
Attn: Legal Affair Department Agent
28~35F, 231, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea
Email: privacy@krafton.com
16. Refund Policy
Except as set forth herein, all sales for paid content related to the Game or Services including in-Game items and virtual currency are final, and Company is not obligated to issue any refunds for sales of paid content except as required by applicable laws, as permitted by a third-party platform’s refund policy, or as provided by the In-Game Currency Policy in the Rules of Conduct (Section 8). Requests for refunds for any paid content must be made directly to the third-party platform as prescribed in the third-party’s refund policy. If requested by the third-party, Company will review and process a User’s request for refund consistent with any applicable laws, the third-party’s refund policy, and the Rules of Conduct. In case of termination due to your breach of these Terms or the Rules of Conduct, you are not entitled to any refund.
17. Other policies
a) Company may use the Privacy Policy, Rules of Conduct and other policies to cover specific details that are not covered in these Terms in order to protect User interests and maintain order in the Game and Services.
b) By agreeing to these Terms, you also agree to be bound by the terms and conditions set out in the Rules of Conduct (located at https://moonbreaker.com/pages/rules-of-conduct/ ).
c) Violation of the Rules of Conduct can result in termination of the License granted to you, your Account, or access to the Game or Services.
d) You must be at least 13 years of age (or such other minimum age as is applicable in your country of residence) to create an Account to play the Game. If you are between 13 and the age of majority where you live, you and your parent or guardian must review and agree to these Terms together.
18. Miscellaneous
These Terms constitute the entire understanding and agreement between Company and you with respect to the Game and Services and supersede all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between Company and you regarding the Game and Services. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be amended only to the extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect. Company’s failure to enforce any of the rights or provisions hereof shall not be construed to be a waiver of such right or provision. Any waiver of such right or provision will be effective only by a writing signed by Company.
If you have any questions concerning these Terms or the License contained herein, you may contact Company at privacy@krafton or 28~35F, 231, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea, Attn. Legal Department.
This Terms of Service has been translated into other languages for the convenience of the players. In case of any discrepancies between the English version and the other versions, the English version shall prevail. However, Korean Terms of Service shall prevail for Korean players.
Moonbreaker RULES OF CONDUCT
Effective Date: 2022/08/23
1. INTRODUCTION
These Rules of Conduct govern both in-game behavior and certain out-of-game conduct relating to player use of Moonbreaker (hereinafter referred to as “Game”) published by KRAFTON, Inc. (“Company,” “we”, “our,” or “us”). These Rules of Conduct are aimed at regulating user behavior in a consistent manner and to address situations that may arise in the process of providing or servicing the Game. These Rules of Conduct supplement, and shall be read together with, the Terms of Service that apply to the Game and Services (as defined in the Terms). Matters not specifically mentioned in the Rules of Conduct shall be treated in accordance with the Terms of Service and applicable laws.
2. CHANGES TO RULES OF CONDUCT
Company reserves the right to change these Rules of Conduct at any time within its sole discretion. Changes will be brought to your attention as we may determine in our sole discretion, including through the Company homepage at least 7 days prior to the effective date of the changes. For material changes that we regard as serious or that may be unfavorable to you, as we may determine in our sole discretion, we will notify you 30 days prior to the effective date of the changes. You are solely responsible for your failure to comply with the revised Rules of Conduct after the effective date, including for any loss incurred due to a lack of awareness of these Rules.
3. DUTIES AND RESPONSIBILITIES OF COMPANY
1) Company will endeavor to eliminate the misconduct described in the Rules of Conduct to help ensure that the users can enjoy playing the game.
2) Company will not ask you for your password.
3) Company receives feedback on all types of bugs and errors through its official customer support center and official community, and Company will be committed to promptly review and correct bugs and errors.
4) Company will not intervene or engage in activities and disputes between or among end users in relation to the Game.
5) Company may restrict some or all of the Game or Services if Company determines, in its sole discretion, that unusual or unintended situations hinder enjoyment of the gameplay.
6) If you or a group of users does anything that interferes with or adversely affects any services provided by Company, or that violates the Rules of Conduct, Company shall, consistent with the Penalty Criteria Table For Misconduct set forth below, restrict Service usage.
4. END USER’S RESPONSIBILITIES AND RIGHTS
1) You are obliged to understand and comply with Company’s Terms of Service and Rules of Conduct.
2) The Company reserves all rights arising out of in-game data (characters, items, game currency, etc.) created by you when using the Game or Services, and you have a limited License to use in-game data consistent with the Terms of Service.
3) If you are unfairly treated or incurred harm using the Game or Services, you have the right to appeal and correct Company through legitimate methods and procedures as provided by the “Grievance Handling and Dispute Resolution; Arbitration Agreement” within the Terms of Service (Section 11). If you have been unfairly treated or harmed by another player, you have the right to notify and ask other users to comply with Rules of Conduct.
4) You have an obligation to be fully informed about the information that Company officially announces, and Company shall not be responsible for any damages incurred due to lack of awareness about the announcements.
5) You are not allowed to generate any profit using the Game or Services without prior approval from Company.
6) You may not use the information obtained through the Game – whether by copying, duplicating, modifying, translating, publishing or otherwise providing this information to others – without prior consent from Company.
7) You may not distribute or publish false information not officially announced by Company in any manner that is likely to cause confusion to other end users, otherwise you may be find liable for engaging in such conduct.
8) You should notify Company of any glitches (such as bugs, system errors, illegal programs, etc.) of the Game or Services and must not exploit or propagate such information to other users. If you discover any vulnerability, but do not disclose it to Company and forward it to another person, your use of the Game or Services may be restricted in accordance with the Rules of Conduct, and this misconduct will be regarded as intentional misconduct.
9) You can make inquiries, suggestions and requests related to game services through following channel(s):
– Customer Support Center: https://support.moonbreaker.com/hc/
– As a general rule, we will respond promptly to inquiries, suggestions, requests, and feedback you may provide us through the Customer Support Center. However, please be advised our response may be delayed depending on the number of inquiries we are handling at any given time.
5. POLICIES FOR MISCONDUCT
In order to provide a fair and pleasant gaming experience for all users, Company has defined policies which all users need to comply with when using our Game or Services. All users playing the Game or Services must comply with the following rules.
1) DO NOT USE UNAUTHORIZED PROGRAMS OR HARDWARE DEVICES
If you use unauthorized programs or hardware devices that promote unfair game play (collectively “Unauthorized Programs or Devices”), you may be subject to severe penalties, such as a permanent Game ban and restrictions on the use of the Services on your hardware devices. If you develop, advertise, trade, publish or distribute unauthorized programs or hardware, Company may take legal action against you, seek relief from judicial authorities, make an investigation in accordance with relevant laws, and impose penalties within the Game.
2) DO NOT MODIFY THE GAME CLIENT, SERVERS OR GAME DATA
Unauthorized changes to the Game client (“ini” file modification, etc.), servers, or data (such as packets) are actions that interfere with Game or Services and violate copyright laws. You must not engage in these actions. Included in this, you are forbidden from manipulating the Game data to change, copy, share or otherwise transmit your in-game characters or paint jobs outside the authorized channels and methods provided by the Game or Services themselves.
3) DO NOT EXPLOIT VULNERABILITIES IN THE GAME (BUGS AND GLITCHES)
Users exploiting errors and bugs found while playing the Game will be liable for serious penalties. We reserve the right to take action against those who take unfair advantage through official procedures, and all acquired in-game currency and items will be forfeited and removed.
4) DO NOT USE OFFENSIVE NICKNAMES/IN-GAME PAINT JOBS
Use of offensive nicknames/in-game paint jobs, or those that may provoke negative imagery, are considered to violate these Rules of Conduct, and appropriate action may be taken against users who create them. The following list illustrates what can constitute an offensive nickname/in-game paint job:
- A nickname/in-game paint job that is sexually explicit or obscene;
- A nickname/in-game paint job that is made with the intention to impersonate Company or our staff;
- A nickname/in-game paint job that is discriminatory in nature;
- A nickname/in-game paint job that may infringe on the trademark or copyright of a third party;
- A nickname/in-game paint job that is sensitive or causes offense for any other reason not mentioned above;
In addition, if you change a few letters of an inappropriate nickname, or try to construct nicknames that are cleverly inappropriate by mixing other characters before and after the letters, your nickname will be changed without your consent or penalty measures will be taken.
5) DO NOT ATTEMPT CASH TRANSACTIONS
Any conduct that we determine to be an attempted cash transaction will be subject to penalties. This refers to any act that we determine to have the intention of pursuing cash or in-kind transactions by using a nickname or a name generated under a Game mode designated by the user, selling an account or in-game items (such as paint jobs), attempting or advertising account transactions, or transacting cash or in-kind through a nickname or account, etc.
6) DO NOT PROMOTE OR ADVERTISE
Any conduct in Game or related to the Services that we determine is intended to be promoting or advertising any contents or products of yours or a third party and that are not related to the Game or Company will be subject to penalty. This includes any act that we determine to constitute using the Game or Services for the purpose of advertising for yourself or on behalf of a third party, or a purpose other than the original purposes of the Game or Services, for your or a third party’s profit, sales, advertising, or promotion.
7) DO NOT STALK OTHER PLAYERS FROM MATCH TO MATCH
Penalties may be imposed if you try to stalk other players in order to interfere with normal gameplay.
8) DO NOT PUBLISH PERSONAL INFORMATION
Penalties may be imposed if you publish or otherwise disclose information that personally identifies another (e.g., disclosing to third parties personal information known by you of others or otherwise making it publicly available), which is regarded as an act that violates privacy.
9) DO NOT MANIPULATE MATCH RESULTS
Severe penalties may be imposed on those who manipulate the results of the game in an unfair way, such as by taking unfair advantage in exchange for cash, goods or services, or manipulating additional accounts in addition to their own account. Those who get caught may end up forfeiting their account and all acquired in-game items.
10) DO NOT ACCESS OR STEAL ANOTHER USER’S ACCOUNT
A user may not attempt or gain access to another user’s account. Where such activity has been detected, the user may be banned from the Game or Services, or access to the user’s own information and account may be restricted.
11) DO NOT TRADE/SELL ACCOUNTS
The act of accessing accounts that are not in your possession and trading, selling or exchanging for any consideration (monetary or non-monetary) such accounts or related Game data, without Company’s written approval, is forbidden.
12) DO NOT AFK (AWAY FROM KEYBOARD OR IDLING)
Penalties may be imposed upon players who go away from keyboard (“AFK”) while in a match. Being AFK can undermine the gameplay experience. Players who go AFK repeatedly to earn points or other account related progression or rewards will be penalized with all account progression and items forfeited.
13) DO NOT DISTURB BUSINESS OPERATIONS
Users who spread false information, abuse the customer service platform, impersonate an employee, create and spread rumors, or conduct any other acts that disturb the Company’s business operations may be permanently banned from the Game depending on the seriousness of the misconduct.
14) DO NOT PLAY THE GAME ABNORMALLY
If any abnormal gameplay patterns are detected (i.e., gameplay that goes against the intentions of how our Game is meant to be played), measures could be taken against the account that performed such actions in order to create a fair gameplay environment.
15) DO NOT EXPLOIT THE PAYMENT SERVICE OR REFUND POLICY
Penalties may be imposed on players who take financial advantage by exploiting the payment service and refund policies of Company or third-party platform providers.
16) OTHER UNDEFINED MISCONDUCT
Any action which is not defined in the Rules of Conduct that negatively impacts the delivery of Company’s Services or negatively affects other players may be subject to warning and penalty through careful review of the circumstances.
6. PENALTY CRITERIA FOR MISCONDUCT
1) The forgoing Penalty Criteria Table For Misconduct is used to protect the player’s enjoyment while playing the Game.
2) If you fail to comply with the Rules of Conduct, you may be restricted from using the Game or Services without prior notice in accordance with Penalty Criteria Table For Misconduct.
3) If your violation goes over the final attempt listed in the table below, a permanent ban will be applied.
4) If you violate any of the criteria listed in the table below and your ID is listed in rank mode, your ID may be temporarily or permanently removed from the rank.
5) We define exploiting bugs and glitches as an act which includes acquiring game currency and virtual items through bugs and glitches in the system.
6) Generally, the Company considers the Maximum Penalty Period set forth in the Penalty Criteria Table For Misconduct as the most severe penalty for the corresponding action; however, depending on the seriousness of the misconduct, the imposed penalty may become more or less severe, up to and including legal action taken against a player.
7) In order to maintain fair gaming environment, the Company may restrict users from running the Game if misconduct was found from a specific hardware device.
8) Any in-game currency, items, and other character-related data can be permanently removed from your account if they have been obtained through misconduct; and depending on the seriousness of the misconduct, the user’s entire character data may be deleted.
[PENALTY CRITERIA TABLE FOR MISCONDUCT]
No. PENALTY CRITERIA FOR MISCONDUCT MAXIMUM PENALTY PERIOD
1.1 Use, develop, advertise, trade or distribute Unauthorized Programs and Hardware Devices Permanent Ban
1.2 Investigate the use of Unauthorized Programs and Hardware Devices 3-day Ban
2 Modification of Game Client, Servers and Game Data (packet, etc.) Permanent Ban
3 Exploiting Bugs and Glitches Permanent Ban
4 Use of Inappropriate Nicknames/In-game Paint jobs 30-days Ban
5 Attempting Cash Transactions Permanent Ban
6 Promotion or Advertising 30-day Ban
7 Stalking Permanent Ban
8 Publishing Personal Information Permanent Ban
9 Manipulating Match Results Permanent Ban
10 Usage of Another User’s Account / Restrict the Usage of Account (for protecting the Account) Permanent Ban
11 Trading or Selling Accounts Permanent Ban
12 AFK* Permanent Ban
13 Disturbing Business Operations (e.g. spreading false information, abusing the customer service platform, impersonating an employee, creating and spreading rumors or conducting any other misconduct) Permanent Ban
14 Abnormal Gameplay Permanent Ban
15 Exploiting Payment Service and Refund policy Permanent Ban
16 Other Undefined Misconduct Permanent Ban
*Denotes a minor infraction subject to our "three strikes" policy. If you engage in three minor infractions, thereby getting three strikes, you risk incurring a permanent ban and forfeiting your account and in-game items.
7. RECOVERY POLICY
We are unable to recover any losses (pecuniary, non-monetary or otherwise) that arise from a player’s failure to follow the Rules of Conduct, in-game notices, homepage notices, policies, game systems, etc.
8. IN-GAME CURRENCY POLICY
Pulsars (hereinafter “HC”) is the in-game hard currency used to purchase items serviced by the Company in the Game. When you purchase HC, you are purchasing a license to use HC to make in-game purchases. You may also receive in-game soft currency called Blanks or Merits (hereinafter “SC”) from certain in-game actions (e.g., achievements). These in-game currencies have no monetary value, and you do not own them. You cannot transfer HC, SC or any other in-game currency or in-game item to other users, and you cannot redeem them for any type of actual currency or fiat money.
1) “Paid HC” refers to HC that was purchased using real-world currency or HC that was included in a bundle product. Players can cancel their purchase in accordance with Paragraph 7 of this Section below.
2) “Bonus HC” refers to HC that is obtained from an event or royal pass in the game and not purchased with real-world currency. Bonus HC is non-refundable and cannot be canceled.
3) HC top-up is available through the payment service operated by the third-party platform providers (e.g., Steam). Users can top up HC in the units set by the Company.
4) Players can purchase in-game items within the amount of HC they have, and item prices will be deducted from HC immediately after making a purchase.
5) “Paid HC” is valid for 5 years from the day of the purchase.
6) “Bonus HC” is valid for three 3 months from the day of the purchase in principle, but this is subject to change at the discretion of the Company.
7) Canceling the purchase of Paid HC is subject to the Refund Policy of the Terms of Service. We will honor any refund awarded by the third-party platform through which the Paid HC was purchased. Payments made with Bonus HC cannot be canceled. In the case of products purchased with Paid HC, if such product has not been used then players can cancel the purchase within 14 days. Refunds are not available under any of the following circumstances:
① If a player’s account is banned in violation of the applicable laws, the Company’s Terms of Service, or the Rules of Conduct.
② If the Company’s Terms of Service or Rules of Conduct or an applicable purchase condition states a particular purchase or transaction is non-refundable.
③ If HC is given as a reward for participating in an event or a prize of an event.
8) If a player forges, falsifies, steals or illegally obtains or uses HC, the user will be penalized.
These Rules of Conduct has been translated into other languages for the convenience of the players. In case of any discrepancies between the English version and the other versions, the English version shall prevail. However, Korean Rules of Conduct shall prevail for Korean players.
Effective Date: 2022/08/23
These Terms of Service and License Agreement (“Terms”), the Rules of Conduct, and our Privacy Policy (located at https://moonbreaker.com/pages/privacy/) apply to and govern your use of Moonbreaker, which comprises the video game software (the “Game Software”), the associated media, any software associated with the online mode of the video game (subject to any additional terms of service applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials (collectively, the “Game”) published by KRAFTON, Inc. (“Company,” “we”, “our,” or “us”). These Terms also apply to and govern your use of the services that support or are related to the Game (collectively, the “Services”).
“User”, “you”, or “player” means the person who uses the Game or Services by: (i) installing, copying or otherwise using the Game Software; (ii) using the Game; or (iii) using the Services. If you are a minor (i.e., below the age at which you can provide consent under the laws of your territory) and you choose to use the Game or Services, we must have valid consent from your parents or legal guardian.
If you have a KRAFTON Account (an “Account”), which can be found at accounts.krafton.com, these Terms shall coexist with, and shall not supersede, the Terms that apply to your Account (the “Account Terms”). To the extent that the provisions of these Terms conflict with the provisions of the Account Terms, these Terms shall govern.
BY CLICKING “ACCEPT”, YOU AGREE TO BE BOUND BY THE TERMS IN THIS AGREEMENT, AS WELL AS THE RULES OF CONDUCT LOCATED AT https://moonbreaker.com/pages/rules-of-conduct/ AND OUR PRIVACY POLICY LOCATED AT https://moonbreaker.com/pages/privacy/.
DO NOT CLICK “ACCEPT” IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THE RULES OF CONDUCT LOCATED AT https://moonbreaker.com/pages/rules-of-conduct/, OR OUR PRIVACY POLICY LOCATED AT https://moonbreaker.com/pages/privacy/.
PLEASE NOTE THE ARBITRATION AGREEMENT SET FORTH IN SECTION 11 AND THE CLASS ACTION WAIVER IN SECTION 14 BELOW, REQUIRES YOU TO, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, ARBITRATE ON AN INDIVIDUAL BASIS ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANY OR THE GAME’S LICENSORS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THE CLASS ACTION WAIVER MEANS THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
IN ORDER TO USE THE GAME OR SERVICE ON SPECIFIC PLATFORMS OR DEVICES (e.g., Steam), YOU WILL ALSO BE REQUIRED TO ACCEPT AND COMPLY WITH ALL RULES OF EXTERNAL PLATFORMS OR DEVICES APPLICABLE TO THE SPECIFIC GAME, INCLUDING BUT NOT LIMITED TO THE THIRD-PARTY PLATFORM’S TERMS OF SERVICE AND PRIVACY POLICY.
1. Limited License
2. Amendments, Updates, and Patches
3. Prohibited Uses
4. Accessing the Game and Services
5. Ownership
6. Player-Created Content
7. Disclaimers
8. Limitation of Liability; Indemnification
9. Period and Termination
10. Transfer of Terms and Conditions
11. Grievance Handling and Dispute Resolution; Arbitration Agreement
12. Inadequacy of damages
13. Governing Law and Disputes
14. Class Action Waiver
15. Copyright Notice
16. Refund Policy
17. Other policies
18. Miscellaneous
1. Limited License
Subject to your agreement and compliance with these Terms, the Company grants to you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to download, install and use one (1) copy of the Game on one (1) computer, console, mobile phone, handheld device, or similar device now known or hereafter devised (each, a “Device”) at any given time solely for your personal use (the “License”). Subject to Section 3(e) (consent to account transfer), the License shall be non-transferrable. All rights not specifically granted under this License are hereby reserved by the Company and, as applicable, by its licensors. The Game is licensed to you, not sold. This License does not give you any title or ownership in the Game and should not be construed as a sale or transfer of any intellectual property or other rights to the Game. The License shall terminate automatically if you fail to comply with these Terms. In such event, you must uninstall all copies of the Game and the Game Software. You may also terminate the License at any time by uninstalling the Game Software from your Devices (including any archival copies).
Subject to your agreement and compliance with these Terms, the Company also grants to you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to: (i) create live or recorded gameplay videos that leverage assets from the Game, such as images, video, sound effects, recordings, and in-game music (“Gameplay Videos”); and (ii) distribute such Gameplay Videos on websites that permit others to view such Gameplay Videos without any charge of any kind. You may not license or sublicense your Gameplay Video to anyone else for a fee or any other commercial use without first receiving our written authorization to do so. You may not include in any Gameplay Video (nor anywhere linked near or on the same webpage as the Video) any content that is prohibited by us in these Terms or the Rules of Conduct. Any Gameplay Video must include the following prominent disclaimer either at the beginning of the Video or, if live-streaming, near the Video in a visible font: “This video is subject to the Game’s Terms of Service and was not endorsed or sponsored by KRAFTON or Unknown Worlds.” We may terminate the limited license granted to you to create, distribute or otherwise make available a Gameplay Video for any reason (or for no reason at all) without notice or liability to you.
2. Amendments, Updates, and Patches
(a) These Terms can be found at any time on the Game’s official website.
(b) The Company may change or update these Terms in its sole discretion, and at any time, to the extent consistent with applicable laws and regulations.
(c) Material changes to these Terms will be brought to your attention as Company may determine in its sole discretion. If any such future changes to these Terms are unacceptable to you or cause you to no longer be in compliance with these Terms, you may terminate these Terms in accordance with Section 9 (Period and Termination) below and you will no longer be able to use the Game or Services. You are otherwise responsible for checking this page regularly to make note of any changes. Your continued use of the Game or Services after we have posted updated Terms means that you agree to the changes and updates to these Terms.
(d) Company may provide updates, patches and other modifications to the Game that must be installed for the User to continue to play the Game properly or at all. Company may update, patch or modify the Game remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to Company the right to deploy and apply such patches, updates and modifications. All provisions of these Terms that refer to the Game shall also include all such patches, updates and modifications.
(e) Company may upgrade, change, or terminate the Game, Game Software, or Service, or it may discontinue offering any or all without further notice to you.
3. Prohibited Uses
Company provides the Game and the Service to Users only for personal, non-commercial and entertainment purposes, as limited by these Terms. You agree not to violate any of these Terms. Violation of any portion of these Terms may lead to temporary or permanent suspension of your Account that you create with us in relation to the Game and the Service or your access to the Game or Services. Violation of any portion of these Terms may, in some instances, require an investigation by the Company (although Company is not obligated to do so or to monitor access to or use of the Game or Services), in accordance with these Terms. You agree to only use the Game and the Services, or any part of them, in a manner that is consistent with these Terms and you SHALL NOT, AND NOT ATTEMPT TO:
(a) without written permission from Company, use, advertise or exploit in any manner the Game or the Services (in each case in whole or in part) for non-personal, commercial purposes;
(b) use the Game or Services in connection with unauthorized software, applications, services, or Devices. Such use may be illegal, voids any warranty, and is a breach of these Terms;
(c) without a separate, additional license from Company, use the Game or permit the use of the Game on more than one Device;
(d) use the Game, or permit use of the Game, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise allowed through normal operation of the Game (as it is intended to be played) or explicitly permitted by Company in writing;
(e) make copies of the Game or the Services (in each case in whole or in part), except that you may make one (1) copy of the Game for backup or archival purposes, or make copies of the materials accompanying the Game for non-commercial backup and reference only;
(f) sell, rent, lease, license, distribute, upload to any Internet server or other website, or otherwise transfer any portion or copies of the Game or Services without the express prior written consent of Company which may involve the payment of a fee (for the Account and, separately, any digital assets); or attempt to access or search the Game or Services or download content from the Game or Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, or similar) other than software provided by Company or other generally available third-party web browsers.
(g) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game or Services (in each case in whole or in part) or infringe any patent, trademark, copyright or other proprietary rights, except as applicable law expressly permits, in which case any and all lawful modifications, adaptations, improvements, etc., and all copyrights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Company or its licensors on creation, in any event, and all moral rights (these include the right to be credited as the author of a work and the right to object to derogatory treatment of a work) therein shall be deemed waived (which means you will not be able to enforce your moral rights);
(h) remove, disable, avoid, impair, descramble, or circumvent any security protections or any technical measures that control access to the Game or Services, or attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures;
(i) upload, modify, share, display or publish any information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any Device resource;
(j) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game or Services;
(k) export or re-export the Game or Services or any copy or adaptation of the Game or the Service in violation of any applicable laws or regulations;
(l) create data or executable programs that mimic the data or functionality in the Game or Services;
(m) steal or publish information belonging to others (including but not limited to personal information or personal data, non-personal information, and payment information) without requisite consent or a license;
(n) impersonate any person, including Company, our affiliates, our designated partners, our designated representatives, or our employees;
(o) harm the reputation of Company, our affiliates, our service providers or licensors, or the reputation of the Game or the Services;
(p) post, link to, advertise, promote, or transmit anything that is illegal, invasive of privacy, harmful, threatening, abusive, blasphemous, harassing, tortious, disparaging, defamatory, vulgar, sexually explicit, pornographic, pedophilic, libelous, obscene, hateful, racially or ethnically offensive, or relating to or encouraging money laundering or gambling;
(q) take advantage of the Company or others by exploiting, deceiving or misleading others in any way (as determined in our sole discretion);
(r) use the Game or Services (in each case in whole or in part) in a manner that is related to illegal activities or any action that negatively impacts the provision, delivery or support of the Game or Services;
(s) exploit errors and bugs found while playing the Game or using the Services;
(t) violate any applicable law, rule, or regulation in connection with your access or use of the Game or Services;
(u) access or use the Game or Services for any purpose that is beyond the scope of the Game’s or the Services’ intended use (in Company’s sole judgment), such as tampering with, or using non-public areas of the Game or Services, the computer systems of Company or its providers, or the technical delivery systems of Company and its providers;
(v) use, develop, advertise, trade, or distribute unauthorized programs, including but not limited to any programs that intercept communications in the Game between a game and a game server or between a Service and its server, or any unauthorized third-party programs or Devices that may affect the Game or normal game play or access to the Services (including but not limited to hacks, cheats, helpers, bots, scripts, trainers, automatic programs, automatic mouse, mouse with macro function, programs that collect or modify game data by reading the game memory, etc.).
(w) disrespect or use offensive words, symbols, or other communication (determined by context and in Company’s sole discretion) towards others, including based on their race, gender, nationality or otherwise;
(x) create offensive nicknames or in-game paint jobs or those that may provoke negative imagery;
(z) intentionally team up between players or other teams in ways that the Company system does not presuppose in each game mode;
(aa) stalk other players from match to match;
(ab) manipulate the results of the Game in an unfair way or otherwise access or use the Game or Services in a manner that confers an unfair advantage or disadvantage to any player including yourself;
(ac) upload, modify, share, display or publish any information that is harmful to minors;
(ad) use someone else’s Account to access the Game or Services;
(ae) use IP proxying or other methods to disguise the location of your use or Device, whether to circumvent geographical restrictions on the use of the Game or Services or for any other purpose or in a way that violates these Terms;
(af) use, display, mirror, or frame without our express written consent the Game or Services or any individual element within the Game or Services, the name or any trademark, logo or other proprietary information of Company, our affiliates, our service providers or licensors; or
(ag) encourage or enable any other individual to do any of the foregoing.
Any action which is not defined in these Terms that negatively impacts the delivery of the Game or Services, or that negatively affects other players, may be subject to warning and penalty, including termination of the License granted to you herein.
Furthermore, you agree that you shall abide by any safety information, security instructions, required updates, or any other relevant notices contained on the Game’s official website, in the Game’s manual, or otherwise associated with the Game or Services.
4. Accessing the Game and Services
The accessibility of the Game and Services may be subject to the Company shutting them down, in whole or in part, for any period the Company deems appropriate to enable the update or technical maintenance of the Game or Services, or any other action that the Company determines in its sole discretion. The availability of the Game and Services may also be subject to your geographic location. The Company may make amendments to the Game and Services or restrict access (including cancellation, termination, modification or suspension of a User’s Account or License) by all or specific Users without notice and in its sole discretion.
5. Ownership
The License confers to you no title or ownership in the Game, including any in-game items, or Services, and it should not be construed as a sale of any rights in the Game or Services.
You agree and acknowledge that all rights, title, and interest, including intellectual property rights in and connected with the Game and the Services and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game, and any related documentation) (the “Game IP”), are owned by Company or its licensors. We do not provide you with any interest in the Game IP and you hereby agree that you do not, and will not, claim any ownership rights in the Game IP. Except as expressly authorized by us in writing, you may not create works based on the Game IP or modify, distribute, or transmit the Game IP. If you do not abide by the requirements of this section, we shall own all right, title, and interest in any works created, adapted, distributed, or transmitted via the Game or Services, or, in the alternative, have an unlimited license thereto.
6. Player-Created Content
1) Company or its licensors own all rights, title and interest, including all intellectual property rights, in and to any content you, as a User, submit to Company via the Game or the Services (“Player-Created Content”). To the extent that full title, rights or interests to Player-Created Content does not automatically vest in Company or its licensors for any reason (for example there may specific laws in your territory which impact these rights being automatically vested in Company or its licensors), you hereby legally transfer, assign and convey all rights, title and interest (including all intellectual property rights) in Player-Created Content to Company. If rights, title or interest in and to Player-Created Content cannot be legally assigned, transferred or conveyed to the Company, whether in whole or in part, you hereby grant to Company a free, perpetual, worldwide, irrevocable, transferable, sublicensable right to use the Player-Created Content (including to modify, adapt, use, reproduce, license, publish, broadcast, perform, sell, translate, create derivative works from and distribute any Player-Created Content) for any purpose, commercial or otherwise, in any format existing now or in the future. You also agree to waive any right to claim that Company’s or Company’s sublicensee’s use of Player-Created Content violates or infringes any of your rights, including but not limited to moral rights, rights of privacy, rights to publicity, proprietary or other rights, or rights to any credits for the material or ideas set forth therein.
The Company or its licensors have ownership rights and intellectual property rights to the Game and Services.
- All Player-Created Content must acknowledge and display the appropriate copyright and trademarks. Using third-party intellectual property without a license or permission is not permitted.
- All Player-Created Content must not contain (or link to) other sources or advertisements containing any hacks, exploits, virtual currency farming, illegal activities, content that would conflict with the Game’s ratings, if applicable, or any other inappropriate content as determined by Company.
- The Company does not commit to any monitoring or supervision of Player-Created Content. However, there may be situations in which the Company does need to monitor, screen, edit, block or remove any Player-Created Content, in whole or in part, sent through or appearing in the Game or through the Services (for example, if the Company considers the Player-Created Content may be in breach of these Terms, may cause harm, or if otherwise required to by law).
By making Player-Created Content, you agree to these Terms, the Rules of Conduct, and Company’s Privacy Policy. Furthermore, you agree to indemnify Company from any legal claims or fees that arise in relation to your Player-Created Content.
The Game is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other relevant laws. All rights are reserved worldwide. The Game contains certain materials licensed by Company from others, and Company and its licensors may protect their rights in the event of any violation of these Terms.
2) The Company and its licensors have the ownership, licensing rights and all other rights to all content related to the Game. You have the limited right to use in-game data (items, game currency, etc.) or similar content in the Game, solely in accordance with Terms and the Rules of Conduct. However, you do not own the copyrights and other rights in the in-game data you possess. You are not allowed to transfer, sell, donate, or attempt to trade virtual property outside of the Game. This is not permitted except with written approval from the Company.
7. Disclaimers
Save as set out in Section 8 (Limitation of Liability; Indemnification) below, the Company and its licensors are not responsible for:
(a) any interruption of the Game or Services, use of the Game or Services, or termination of an Account due to any action or fault of the User;
(b) any action of a telecommunications provider to cease or fail to provide the telecommunication service;
(c) any unavoidable reasons that cause the Game or Services to fail, such as maintenance, replacement, regular inspection, construction, etc., save with respect to intentional or material negligence of the Company;
(d) any problems caused by the User’s Device or problems related to the network environment;
(e) the information, data, facts, reliability, accuracy, quality etc. of such content posted or transmitted by the User or a third party in the Game or Services or on the official website of the Company or Game;
(f) your interactions with other Users or third parties when using the Game or Services (we may, at our sole discretion, attempt to mediate disputes between Users, but we are not obliged to become involved or become responsible in any way with such disputes.);
(g) anything which is the responsibility of a third party (unless they are under the direction and control of the Company);
(h) any loss involved when making selections or using the Game or Services, particularly when Users fail to receive the results they expect of the in-Game items;
(j) any loss of the User’s in-Game assets (such as in-Game currency or in-Game items); or
(k) circumstances in which the Company limits the Users’ use of Game or Services in accordance with the relevant laws or government policies.
Save as set out in Section 8 (Limitation of Liability; Indemnification) below, Company and its licensors do not make any promises regarding your use of the Game and Service. The Game and Services are provided “as is” and “as available,” without warranty of any kind (including any implied warranty of merchantability, non-infringement, quiet enjoyment, fitness for a particular purpose, or any warranties arising out of course of dealing, course of performance, or usage of trade), to the maximum extent permitted by law. You acknowledge that use of the Game and Services is at your sole risk. Company and its licensors do not make any promises that you will be able to enjoy continuous, error-free, secure or virus-free operation of the Game, Services or your Account.
Please note that some jurisdictions do not allow the above warranty limitations, so these limitations depend on where you live and may not apply to you.
The Game or Services may allow you to access third-party websites or services, and we provide access only as a convenience and are not responsible for any content, products, or services available through these websites or resources. You acknowledge sole responsibility for, and assume all risks arising from, your use of any such third-party websites or services.
8. Limitation of Liability; Indemnification
The Company and its licensors will not be responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you use the Game or Services, including where the damage or loss results from our breach of these Terms.
The Game or Services may be changed or suspended temporarily and without notice for any reason, including where we decide to end the Game or Service (in whole or in part), in the case of system failure, maintenance or repair, or for reasons beyond our reasonable control. Except as set out elsewhere in these Terms, we will not be liable to you or to any other person in the event that all or part of the Game or Services are unavailable, discontinued, modified or changed in any way.
The Company and its licensors do not accept any responsibility for:
(a) any damage or loss caused to you where you are not entering into these Terms as a consumer;
(b) any failure, suspension or termination of access to the Game or Services or any content in connection with or arising out of a force majeure event. In these Terms, a "force majeure" event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents; or
(c) any claims brought against you by a third party except as stated in these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE IN ANY WAY FOR ANY: (i) LOSS OF PROFITS; (ii) LOST REVENUE; (iii) LOST SAVINGS; (iv) LOSS OR EXPOSURE OF DATA; OR (v) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE APP, OR THE SERVICES, EVEN IN THE EVENT OF OUR FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR LIABILITY ARISING UNDER, RELATING OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, INCLUDING ANY LIABILITY FOR DIRECT OR INDIRECT DAMAGES, LOSSES OR INJURIES, EXCEED FIFTY U.S. DOLLARS ($50). THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE AT LAW.
You agree that you will compensate (in legal terms this is often referred to as indemnifying) the Company, its partners, affiliates, contractors, licensors, officers, directors, employees, and will defend, protect, indemnify and hold harmless Company from any claims, lawsuits, damages, losses, liabilities and expenses (including reasonable legal and attorneys’ fees) arising directly or indirectly out of or in conjunction with your acts or omissions including: (A) use, or misuse of the Game or Services; and (B) your breach of any of the provisions of these Terms. Company reserves the right to assume exclusive defense and control over all matters subject to indemnification by you.
9. Period and Termination
These Terms are effective unless and until terminated by either you or Company. Company or the User may terminate the License or the User’s access to the Game or Services at any time, for any reason or no reason at all, without prior notice. Termination by Company will go into effect immediately upon the termination or deletion of your Account. This Agreement, and any license granted by Company to you, is terminated immediately when you delete the Game Software. Except as required by applicable laws or permitted by our Refund Policy, Company will not issue a refund for any in-Game currency or in-Game goods or items lost due to such termination, whether voluntary or involuntary, and you also acknowledge that Company is not liable to provide a refund for any reason, even if you terminate the Terms. You are fully responsible for any problem that may occur due to inaccurate information you provided when registering an Account, and you also acknowledge that Company reserves the right to terminate your Account if the information you provided is inaccurate.
Sections 2 (Amendments, Updates, and Patches), 3 (Prohibited Uses), 5 (Ownership), 6 (Player-Created Content), 7 (Disclaimers), 8 (Limitation of Liability; Indemnification), 9 (Period and Termination), 11 (Grievance Handling and Dispute Resolution; Arbitration Agreement), 12 (Inadequacy of Damages) 13 (Governing Law and Disputes), 14 (Class Action Waiver) 16 (Refund Policy) 17 (Other Policies) and 18 (Miscellaneous) shall survive any termination of these Terms.
10. Transfer of Terms and Conditions
Transfer of the License to access and use the Game can only occur as set out in these Terms.
11. Grievance Handling and Dispute Resolution; Arbitration Agreement
a) If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Before taking any formal action, you agree to first contact us in writing and provide a description of your dispute, all relevant documents, and your proposed resolution. If we are unable to resolve your dispute within thirty (30) days of your notice to us, you agree to submit your dispute to binding arbitration or small claims court as set forth in this Section. Please forward your dispute to: KRAFTON, Inc., Attn. Legal Department, 28~35F, 231, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea.
b) Subject to subsection (a) above, you and Company agree that any disputes arising out of or in connection with this Agreement shall be finally settled by arbitration by the Korean Commercial Arbitration Board, in accordance with the International Arbitration Rules of the Korean Commercial Arbitration Board. The number of arbitrators shall be one. The seat, or legal place, of arbitral proceedings shall be Seoul, the Republic of Korea. The language to be used in the arbitral proceedings shall be English. In any action or suit to enforce any right or remedy under this Agreement, to interpret any provisions of this Agreement, or to settle a dispute between the parties hereto, the prevailing party will be entitled to recover its costs, including reasonable attorneys’ fees and expenses. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU HEREBY WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. If a dispute arises between Company and the User, Company shall faithfully demonstrate the measures taken in respect of the User, including any restrictions of usage, and will comply with result of any arbitration decision.
c) The Company has the sole discretion on whether to, and to what extent to, but no obligation to, enforce any rights of Company or take any actions as stated in these Terms.
d) This agreement to arbitrate disputes is intended to encompass all disputes or claims arising out of your relationship with Company, including our respective subsidiaries, affiliates, predecessors in interest, successors, licensors, and assigns, arising out of or relating to the Game or Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory).
12. Inadequacy of damages
Without prejudice to any other rights or remedies that Company may have, you acknowledge and agree that compensation by way of damages alone would not be an adequate remedy for any breach of these Terms by you, because Company would suffer irreparable losses if you breach these Terms. Accordingly, you agree that Company and its licensors shall be entitled to the remedies of an injunction, specific performance or any other equitable remedy, in addition to any other remedies available to it under the applicable law. For the avoidance of doubt, Company and its licensors shall be entitled to an injunction, specific performance or any other equitable remedy without bond, other security or proof of losses.
13. Governing Law and Disputes
If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. These Terms shall be interpreted and governed by the laws of the Republic of Korea. All lawsuits related to these Terms are subject to the jurisdiction of the courts in Korea pursuant to relevant laws such as the Code of Civil Procedure. Other laws may apply if you use the Game outside of the Republic of Korea. In such event, the applicable local laws shall only affect these Terms to the extent required by the applicable jurisdiction, and these Terms shall be construed as to make their terms and conditions as effective as possible. You must comply with all local laws to the extent that local law applies.
14. Class Action Waiver
Consistent with the foregoing arbitration agreement, you agree not to participate in, including but not limited to, a class or representative action, private attorney general action, or collective arbitration related to the Game or Services or these Terms. You also agree not to seek to combine any action or arbitration related to the Game or Services or these Terms with any other action or arbitration without the consent of all parties to these Terms and all other actions or arbitrations.
15. Copyright Notice
If you think any materials from Company or Company-branded websites infringe your copyright-protected work under the copyright law, you may provide an infringement notice to Company’s designated agent as set forth below. Also, to ensure your notice is effective, you must include the following information:
(a) Sufficient details to enable us to identify the work claimed to be infringed;
(b) Your contact information, including your address and email address;
(c) A statement that you have a good faith belief that the disputed work is not authorized by the copyright owner, its agent, or the law;
(d) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right in the work that is allegedly infringed; and
(e) Your physical or electronic signature;
The contact information of Company’s designated agent is as follows:
KRAFTON, Inc.
Attn: Legal Affair Department Agent
28~35F, 231, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea
KRAFTON, Inc.
Attn: Legal Affair Department Agent
28~35F, 231, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea
Email: privacy@krafton.com
16. Refund Policy
Except as set forth herein, all sales for paid content related to the Game or Services including in-Game items and virtual currency are final, and Company is not obligated to issue any refunds for sales of paid content except as required by applicable laws, as permitted by a third-party platform’s refund policy, or as provided by the In-Game Currency Policy in the Rules of Conduct (Section 8). Requests for refunds for any paid content must be made directly to the third-party platform as prescribed in the third-party’s refund policy. If requested by the third-party, Company will review and process a User’s request for refund consistent with any applicable laws, the third-party’s refund policy, and the Rules of Conduct. In case of termination due to your breach of these Terms or the Rules of Conduct, you are not entitled to any refund.
17. Other policies
a) Company may use the Privacy Policy, Rules of Conduct and other policies to cover specific details that are not covered in these Terms in order to protect User interests and maintain order in the Game and Services.
b) By agreeing to these Terms, you also agree to be bound by the terms and conditions set out in the Rules of Conduct (located at https://moonbreaker.com/pages/rules-of-conduct/ ).
c) Violation of the Rules of Conduct can result in termination of the License granted to you, your Account, or access to the Game or Services.
d) You must be at least 13 years of age (or such other minimum age as is applicable in your country of residence) to create an Account to play the Game. If you are between 13 and the age of majority where you live, you and your parent or guardian must review and agree to these Terms together.
18. Miscellaneous
These Terms constitute the entire understanding and agreement between Company and you with respect to the Game and Services and supersede all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between Company and you regarding the Game and Services. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be amended only to the extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect. Company’s failure to enforce any of the rights or provisions hereof shall not be construed to be a waiver of such right or provision. Any waiver of such right or provision will be effective only by a writing signed by Company.
If you have any questions concerning these Terms or the License contained herein, you may contact Company at privacy@krafton or 28~35F, 231, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea, Attn. Legal Department.
This Terms of Service has been translated into other languages for the convenience of the players. In case of any discrepancies between the English version and the other versions, the English version shall prevail. However, Korean Terms of Service shall prevail for Korean players.
Moonbreaker RULES OF CONDUCT
Effective Date: 2022/08/23
1. INTRODUCTION
These Rules of Conduct govern both in-game behavior and certain out-of-game conduct relating to player use of Moonbreaker (hereinafter referred to as “Game”) published by KRAFTON, Inc. (“Company,” “we”, “our,” or “us”). These Rules of Conduct are aimed at regulating user behavior in a consistent manner and to address situations that may arise in the process of providing or servicing the Game. These Rules of Conduct supplement, and shall be read together with, the Terms of Service that apply to the Game and Services (as defined in the Terms). Matters not specifically mentioned in the Rules of Conduct shall be treated in accordance with the Terms of Service and applicable laws.
2. CHANGES TO RULES OF CONDUCT
Company reserves the right to change these Rules of Conduct at any time within its sole discretion. Changes will be brought to your attention as we may determine in our sole discretion, including through the Company homepage at least 7 days prior to the effective date of the changes. For material changes that we regard as serious or that may be unfavorable to you, as we may determine in our sole discretion, we will notify you 30 days prior to the effective date of the changes. You are solely responsible for your failure to comply with the revised Rules of Conduct after the effective date, including for any loss incurred due to a lack of awareness of these Rules.
3. DUTIES AND RESPONSIBILITIES OF COMPANY
1) Company will endeavor to eliminate the misconduct described in the Rules of Conduct to help ensure that the users can enjoy playing the game.
2) Company will not ask you for your password.
3) Company receives feedback on all types of bugs and errors through its official customer support center and official community, and Company will be committed to promptly review and correct bugs and errors.
4) Company will not intervene or engage in activities and disputes between or among end users in relation to the Game.
5) Company may restrict some or all of the Game or Services if Company determines, in its sole discretion, that unusual or unintended situations hinder enjoyment of the gameplay.
6) If you or a group of users does anything that interferes with or adversely affects any services provided by Company, or that violates the Rules of Conduct, Company shall, consistent with the Penalty Criteria Table For Misconduct set forth below, restrict Service usage.
4. END USER’S RESPONSIBILITIES AND RIGHTS
1) You are obliged to understand and comply with Company’s Terms of Service and Rules of Conduct.
2) The Company reserves all rights arising out of in-game data (characters, items, game currency, etc.) created by you when using the Game or Services, and you have a limited License to use in-game data consistent with the Terms of Service.
3) If you are unfairly treated or incurred harm using the Game or Services, you have the right to appeal and correct Company through legitimate methods and procedures as provided by the “Grievance Handling and Dispute Resolution; Arbitration Agreement” within the Terms of Service (Section 11). If you have been unfairly treated or harmed by another player, you have the right to notify and ask other users to comply with Rules of Conduct.
4) You have an obligation to be fully informed about the information that Company officially announces, and Company shall not be responsible for any damages incurred due to lack of awareness about the announcements.
5) You are not allowed to generate any profit using the Game or Services without prior approval from Company.
6) You may not use the information obtained through the Game – whether by copying, duplicating, modifying, translating, publishing or otherwise providing this information to others – without prior consent from Company.
7) You may not distribute or publish false information not officially announced by Company in any manner that is likely to cause confusion to other end users, otherwise you may be find liable for engaging in such conduct.
8) You should notify Company of any glitches (such as bugs, system errors, illegal programs, etc.) of the Game or Services and must not exploit or propagate such information to other users. If you discover any vulnerability, but do not disclose it to Company and forward it to another person, your use of the Game or Services may be restricted in accordance with the Rules of Conduct, and this misconduct will be regarded as intentional misconduct.
9) You can make inquiries, suggestions and requests related to game services through following channel(s):
– Customer Support Center: https://support.moonbreaker.com/hc/
– As a general rule, we will respond promptly to inquiries, suggestions, requests, and feedback you may provide us through the Customer Support Center. However, please be advised our response may be delayed depending on the number of inquiries we are handling at any given time.
5. POLICIES FOR MISCONDUCT
In order to provide a fair and pleasant gaming experience for all users, Company has defined policies which all users need to comply with when using our Game or Services. All users playing the Game or Services must comply with the following rules.
1) DO NOT USE UNAUTHORIZED PROGRAMS OR HARDWARE DEVICES
If you use unauthorized programs or hardware devices that promote unfair game play (collectively “Unauthorized Programs or Devices”), you may be subject to severe penalties, such as a permanent Game ban and restrictions on the use of the Services on your hardware devices. If you develop, advertise, trade, publish or distribute unauthorized programs or hardware, Company may take legal action against you, seek relief from judicial authorities, make an investigation in accordance with relevant laws, and impose penalties within the Game.
2) DO NOT MODIFY THE GAME CLIENT, SERVERS OR GAME DATA
Unauthorized changes to the Game client (“ini” file modification, etc.), servers, or data (such as packets) are actions that interfere with Game or Services and violate copyright laws. You must not engage in these actions. Included in this, you are forbidden from manipulating the Game data to change, copy, share or otherwise transmit your in-game characters or paint jobs outside the authorized channels and methods provided by the Game or Services themselves.
3) DO NOT EXPLOIT VULNERABILITIES IN THE GAME (BUGS AND GLITCHES)
Users exploiting errors and bugs found while playing the Game will be liable for serious penalties. We reserve the right to take action against those who take unfair advantage through official procedures, and all acquired in-game currency and items will be forfeited and removed.
4) DO NOT USE OFFENSIVE NICKNAMES/IN-GAME PAINT JOBS
Use of offensive nicknames/in-game paint jobs, or those that may provoke negative imagery, are considered to violate these Rules of Conduct, and appropriate action may be taken against users who create them. The following list illustrates what can constitute an offensive nickname/in-game paint job:
- A nickname/in-game paint job that is sexually explicit or obscene;
- A nickname/in-game paint job that is made with the intention to impersonate Company or our staff;
- A nickname/in-game paint job that is discriminatory in nature;
- A nickname/in-game paint job that may infringe on the trademark or copyright of a third party;
- A nickname/in-game paint job that is sensitive or causes offense for any other reason not mentioned above;
In addition, if you change a few letters of an inappropriate nickname, or try to construct nicknames that are cleverly inappropriate by mixing other characters before and after the letters, your nickname will be changed without your consent or penalty measures will be taken.
5) DO NOT ATTEMPT CASH TRANSACTIONS
Any conduct that we determine to be an attempted cash transaction will be subject to penalties. This refers to any act that we determine to have the intention of pursuing cash or in-kind transactions by using a nickname or a name generated under a Game mode designated by the user, selling an account or in-game items (such as paint jobs), attempting or advertising account transactions, or transacting cash or in-kind through a nickname or account, etc.
6) DO NOT PROMOTE OR ADVERTISE
Any conduct in Game or related to the Services that we determine is intended to be promoting or advertising any contents or products of yours or a third party and that are not related to the Game or Company will be subject to penalty. This includes any act that we determine to constitute using the Game or Services for the purpose of advertising for yourself or on behalf of a third party, or a purpose other than the original purposes of the Game or Services, for your or a third party’s profit, sales, advertising, or promotion.
7) DO NOT STALK OTHER PLAYERS FROM MATCH TO MATCH
Penalties may be imposed if you try to stalk other players in order to interfere with normal gameplay.
8) DO NOT PUBLISH PERSONAL INFORMATION
Penalties may be imposed if you publish or otherwise disclose information that personally identifies another (e.g., disclosing to third parties personal information known by you of others or otherwise making it publicly available), which is regarded as an act that violates privacy.
9) DO NOT MANIPULATE MATCH RESULTS
Severe penalties may be imposed on those who manipulate the results of the game in an unfair way, such as by taking unfair advantage in exchange for cash, goods or services, or manipulating additional accounts in addition to their own account. Those who get caught may end up forfeiting their account and all acquired in-game items.
10) DO NOT ACCESS OR STEAL ANOTHER USER’S ACCOUNT
A user may not attempt or gain access to another user’s account. Where such activity has been detected, the user may be banned from the Game or Services, or access to the user’s own information and account may be restricted.
11) DO NOT TRADE/SELL ACCOUNTS
The act of accessing accounts that are not in your possession and trading, selling or exchanging for any consideration (monetary or non-monetary) such accounts or related Game data, without Company’s written approval, is forbidden.
12) DO NOT AFK (AWAY FROM KEYBOARD OR IDLING)
Penalties may be imposed upon players who go away from keyboard (“AFK”) while in a match. Being AFK can undermine the gameplay experience. Players who go AFK repeatedly to earn points or other account related progression or rewards will be penalized with all account progression and items forfeited.
13) DO NOT DISTURB BUSINESS OPERATIONS
Users who spread false information, abuse the customer service platform, impersonate an employee, create and spread rumors, or conduct any other acts that disturb the Company’s business operations may be permanently banned from the Game depending on the seriousness of the misconduct.
14) DO NOT PLAY THE GAME ABNORMALLY
If any abnormal gameplay patterns are detected (i.e., gameplay that goes against the intentions of how our Game is meant to be played), measures could be taken against the account that performed such actions in order to create a fair gameplay environment.
15) DO NOT EXPLOIT THE PAYMENT SERVICE OR REFUND POLICY
Penalties may be imposed on players who take financial advantage by exploiting the payment service and refund policies of Company or third-party platform providers.
16) OTHER UNDEFINED MISCONDUCT
Any action which is not defined in the Rules of Conduct that negatively impacts the delivery of Company’s Services or negatively affects other players may be subject to warning and penalty through careful review of the circumstances.
6. PENALTY CRITERIA FOR MISCONDUCT
1) The forgoing Penalty Criteria Table For Misconduct is used to protect the player’s enjoyment while playing the Game.
2) If you fail to comply with the Rules of Conduct, you may be restricted from using the Game or Services without prior notice in accordance with Penalty Criteria Table For Misconduct.
3) If your violation goes over the final attempt listed in the table below, a permanent ban will be applied.
4) If you violate any of the criteria listed in the table below and your ID is listed in rank mode, your ID may be temporarily or permanently removed from the rank.
5) We define exploiting bugs and glitches as an act which includes acquiring game currency and virtual items through bugs and glitches in the system.
6) Generally, the Company considers the Maximum Penalty Period set forth in the Penalty Criteria Table For Misconduct as the most severe penalty for the corresponding action; however, depending on the seriousness of the misconduct, the imposed penalty may become more or less severe, up to and including legal action taken against a player.
7) In order to maintain fair gaming environment, the Company may restrict users from running the Game if misconduct was found from a specific hardware device.
8) Any in-game currency, items, and other character-related data can be permanently removed from your account if they have been obtained through misconduct; and depending on the seriousness of the misconduct, the user’s entire character data may be deleted.
[PENALTY CRITERIA TABLE FOR MISCONDUCT]
No. PENALTY CRITERIA FOR MISCONDUCT MAXIMUM PENALTY PERIOD
1.1 Use, develop, advertise, trade or distribute Unauthorized Programs and Hardware Devices Permanent Ban
1.2 Investigate the use of Unauthorized Programs and Hardware Devices 3-day Ban
2 Modification of Game Client, Servers and Game Data (packet, etc.) Permanent Ban
3 Exploiting Bugs and Glitches Permanent Ban
4 Use of Inappropriate Nicknames/In-game Paint jobs 30-days Ban
5 Attempting Cash Transactions Permanent Ban
6 Promotion or Advertising 30-day Ban
7 Stalking Permanent Ban
8 Publishing Personal Information Permanent Ban
9 Manipulating Match Results Permanent Ban
10 Usage of Another User’s Account / Restrict the Usage of Account (for protecting the Account) Permanent Ban
11 Trading or Selling Accounts Permanent Ban
12 AFK* Permanent Ban
13 Disturbing Business Operations (e.g. spreading false information, abusing the customer service platform, impersonating an employee, creating and spreading rumors or conducting any other misconduct) Permanent Ban
14 Abnormal Gameplay Permanent Ban
15 Exploiting Payment Service and Refund policy Permanent Ban
16 Other Undefined Misconduct Permanent Ban
*Denotes a minor infraction subject to our "three strikes" policy. If you engage in three minor infractions, thereby getting three strikes, you risk incurring a permanent ban and forfeiting your account and in-game items.
7. RECOVERY POLICY
We are unable to recover any losses (pecuniary, non-monetary or otherwise) that arise from a player’s failure to follow the Rules of Conduct, in-game notices, homepage notices, policies, game systems, etc.
8. IN-GAME CURRENCY POLICY
Pulsars (hereinafter “HC”) is the in-game hard currency used to purchase items serviced by the Company in the Game. When you purchase HC, you are purchasing a license to use HC to make in-game purchases. You may also receive in-game soft currency called Blanks or Merits (hereinafter “SC”) from certain in-game actions (e.g., achievements). These in-game currencies have no monetary value, and you do not own them. You cannot transfer HC, SC or any other in-game currency or in-game item to other users, and you cannot redeem them for any type of actual currency or fiat money.
1) “Paid HC” refers to HC that was purchased using real-world currency or HC that was included in a bundle product. Players can cancel their purchase in accordance with Paragraph 7 of this Section below.
2) “Bonus HC” refers to HC that is obtained from an event or royal pass in the game and not purchased with real-world currency. Bonus HC is non-refundable and cannot be canceled.
3) HC top-up is available through the payment service operated by the third-party platform providers (e.g., Steam). Users can top up HC in the units set by the Company.
4) Players can purchase in-game items within the amount of HC they have, and item prices will be deducted from HC immediately after making a purchase.
5) “Paid HC” is valid for 5 years from the day of the purchase.
6) “Bonus HC” is valid for three 3 months from the day of the purchase in principle, but this is subject to change at the discretion of the Company.
7) Canceling the purchase of Paid HC is subject to the Refund Policy of the Terms of Service. We will honor any refund awarded by the third-party platform through which the Paid HC was purchased. Payments made with Bonus HC cannot be canceled. In the case of products purchased with Paid HC, if such product has not been used then players can cancel the purchase within 14 days. Refunds are not available under any of the following circumstances:
① If a player’s account is banned in violation of the applicable laws, the Company’s Terms of Service, or the Rules of Conduct.
② If the Company’s Terms of Service or Rules of Conduct or an applicable purchase condition states a particular purchase or transaction is non-refundable.
③ If HC is given as a reward for participating in an event or a prize of an event.
8) If a player forges, falsifies, steals or illegally obtains or uses HC, the user will be penalized.
These Rules of Conduct has been translated into other languages for the convenience of the players. In case of any discrepancies between the English version and the other versions, the English version shall prevail. However, Korean Rules of Conduct shall prevail for Korean players.