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Terms of Service
Last updated August 8, 2018
Terms of Service
1. Legal Agreement
(1) The following terms and conditions, which include and hereby incorporate the Privacy Policy (collectively, these «Terms of Service») are binding legal agreement between you and Octamon Co., Ltd., its subsidiaries and affiliated companies (Octamon) that govern your use of (a) the website located at www.octamon.com (the «Site»), including any services, features and content accessible or downloadable from the Site, and (b) any other Octamon websites, applications, services or products licensed, downloaded or otherwise accessed by you through third party websites or sources ((a) and (b) collectively, the «Service»). By using this Website or accessing any of our games, you agree to accept and be bound by the terms and conditions appearing in this document, and agree to comply with any Rules of Conduct and the Privacy Policy.
(2) Octamon reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended Terms on or within the Service. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted.
(3). You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by Octamon under the laws of applicable jurisdiction. The Service is not intended for use by children under 13 years of age.
2. License
(1) Octamon hereby grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable right and license to use the Site and the services offered by our Site (the «Services») as well as any software (the «Software») in connection with the Services only for the purposes of accessing, viewing or playing content, posting or submitting User Content, using the embedded link function, placing product orders or for accessing information, Applications and services solely for you noncommercial, limited personal use and for no other purposes.
(2) The rights granted to you under this Agreement are subject to the following conditions:
You may not (a) sublicense, rent, lease, loan, sell or otherwise transfer the Software or the Services (or any part thereof) (b) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; © create any derivative works in respect of the Software or the Service; or (d) otherwise use the Software or the Service except as expressly provided in this Agreement. Title to the Software, and all rights with respect to the Software and Service not specifically granted under this Agreement, including without limitation all rights of reproduction, modification, distribution, display, disassembly and de-compilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are reserved to Octamon or its licensor(s).
You may not, nor will you allow any third party (whether or not for your benefit (a) alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Content you download, transmit, display, print or reproduce from the Site; (b) reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of Octamon. Any unauthorized or prohibited us of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.
(3) If you access one of our Octamon Software, you may have the opportunity to get a limited and revocable license to use virtual, in-game currency or items that can be used while playing such Software. You may be required to pay a fee to obtain virtual currency and/or items. You understand that «Virtual Items» including but not limited to virtual coins, tokens, points, goods that you may «earn», «purchase» or «give as a gift» exist solely in the virtual world and have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Software. Price and availability of virtual currency and virtual items are subject to change without notice.
3. Account Registration
(1) You may be required to create an account (an «Account») to access our Site and our Services. If you have questions about Account registration, please contact our Support Team at support@octamon.com. Accounts are available only to individuals 13 years of age or older (if it is not specially stated for certain portions of the Site or the Services that they contain mature contents and are not suitable for anyone younger than 18 years of age or the applicable age of majority in the jurisdiction in which you reside). If you are over 13 years of age but are still considered a minor, we ask that you review these terms with your parents or guardian to ensure they understand them and agree to them. By accepting the terms of use in the Agreement, you represent that you are 13 years of age or older. We shall not be responsible in any way for your failure to accurately confirm your age per the terms hereunder.
(2) Only one person may use an Account and you may not have more than four Accounts. Octamon reserves the right to set limits on the number of Accounts over time in its sole discretion.
(3) When creating a user identity («User ID») you agree to (i) provide true, accurate, current and complete information as requested in the required fields and (ii) promptly maintain and update such User ID to keep it true, accurate, current and complete. The information you provided shall be subject to our Privacy Policy. Your Nick Name or User ID, which is considered open information for other Users, may be transferred by Octamon to other Users to create connections and increase social relations of the Users.
(4) You are liable for all activities conducted through your Account. Your Account may be blocked if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. Octamon will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.
(5) You shall not have an Account or use the Service if you have previously been removed by Octamon or previously been banned from playing any Octamon game.
(6) Your User ID may be deactivated if you do not use it within six months after the date that it was created or for any continuous period of six months after creation. If you do not use your User ID for six or more months, it may be removed and deleted by the Website administrator at its sole discretion without preliminary notification.
4. User Content
(1) We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Octamon Site, other websites, forums, chats or other channels, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Octamon does not endorse, approve, or prescreen any content that you or other users post or communicate in connection with use of any Octamon Services. Octamon does not assume any responsibility or liability for any content that is generated, posted or communicated by any user in connection with use of any Octamon Services. You agree to indemnify Octamon and its Affiliates and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate.
(2) You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, forums or bulletin boards, and any other similar types of communications and submissions in regard of use of any Octamon Services, are non-confidential, public communications, and you have no expectation of privacy concerning such communications. You acknowledge that personal information that you communicate publicly may be seen and used by others and may result in unsolicited communications. Octamon is not liable for any information that you choose to submit or communicate to other users, or for the actions of any other users.
(3) You represent and warrant that you have all necessary rights in and to any Content that you post, that such Content do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Octamon and its Affiliates and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such Content incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Octamon permission to use any such name, voice, likeness and/or image of such individual appearing in the Content you post throughout the world in perpetuity. Once you post or communicate any content or Content on Octamon Site or Software, you expressly grant Octamon the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or Content, including without limitation the name you submit in connection with such content or Content, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.
(4) It is Octamon’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act («DMCA»). If You believe that you copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Service or in a Octamon’s game in a way that may constitute copyright infringement, you may provide notice of your claim to the following e-mail address: support@octamon.com
5. Rules of Conduct
As a condition of your use of the Service, and without limiting any other obligations under these Terms of Service, you agree to comply with the limitations and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth. Any use of the Service in violation of these Rules of Conduct is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 2, and may subject you to liability for violations of law.
(1) ILLEGAL CONTENT. You agree that you will not transmit, make available or otherwise promote or support, under any circumstances:
(a) any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexual, libelous, invasive of another’s privacy, hateful, discriminatory or disparaging or otherwise objectionable or inappropriate;
(b) any abusive, offensive, or defamatory screen names and/or avatars;
(c) any Content that promotes illegal activity, such as drug use;
(d) any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party;
(e) any unsolicited or unauthorized advertising, promotional Content, «junk mail», «spam», «chain letters, «pyramid schemes», or any other form of solicitation;
(f) any spyware, passive collection mechanism or any other code or Content that acts as a passive or active information collection or transmission mechanism;
(g) cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with or limit the functionality of the Service or any part thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user’s uninterrupted use and enjoyment of the Service; or
(h) unreleased Service content (such as in-game items or equipment), areas that have been unlocked by hacking into client data files, or data not available through normal operation or game play on any part of the Service.
(2) ILLEGAL ACTIVITY. You agree that you will not, under any circumstances:
(a) organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person’s view, objectionable and/or inappropriate and defraud or mislead Octamon or other users or otherwise engage in any suspicious activity;
(b) promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items;
(c) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
(d) upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt Octamon Services;
(e) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(f) create any Account by automated means or false pretenses, create more than one Account per Device, or use any other user’s Account for any purpose, including to circumvent a suspension or ban;
(g) cheat or use, develop or distribute automation software programs («bots»), «macro» software programs or other «cheat utility» software program or applications which are designed to modify the experience to the detriment of fair play; or
(h) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;
(i) abuse or exploit bugs, undocumented features, design errors or problems in the game;
(j) sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items or Virtual Currency associated with your Account to anyone without Octamon’s written permission;
(k) use the Service to engage in any commercial activity, including without limitation any attempt to raise money for any party or any purpose or advertise, promote or attempt to trade or sell a website, pyramid scheme, multi-tiered marketing scheme or any other product or service of any kind;
(3) These Rules of Conduct are not meant to be exhaustive, and Octamon reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Services and to take action — up to and including termination of User Account and exclusion from further participation in the Services.
6. Fees and Purchase Terms
(1) Certain areas of the Site and the Services may charge fees to purchase a license to access and acquire certain virtual game items or participate in game activities on the Site or other platforms. You can license Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. YOU ACKNOWLEDGE THAT OCTAMON IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
(2) Octamon may, from time to time, modify, amend, or supplement its fee and billing methods, and post those changes in this Agreement or elsewhere on the Site. Such modifications, amendments or supplements shall be effective immediately upon posting on the site. If any change is unacceptable to you, you may cancel your account at any time.
7. Deactivation/Termination of Your Registration or Use
(1) Octamon and you each have the right to terminate or cancel any of your Octamon account(s), if applicable, at any time for any reason. You understand and agree that cancellation of your Octamon account(s) and/or ceasing use of any and all Octamon Services is your sole right and remedy with respect to any dispute with Octamon.
(2) If you violate these Terms of Service, Octamon may issue you a warning regarding the violation, or, in Octamon sole discretion, immediately block or terminate any and all Octamon accounts and/or cancel access to the Octamon Service. You acknowledge that Octamon is not required to provide you with any notice or warning prior to any such cancellation under this Section.
8. Third Party Sites
(1) Clicking a hyperlink may direct you away from the Site or the Software. Octamon does not endorse or control any third-party linked sites, is not responsible for their content and has no association with the owners or operators of such sites. Also, other sites may have different terms of service and different privacy policies.
(2) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site or Software, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Octamon shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
9. Intellectual Property Rights
(1) Octamon reserves all right, title and interest in the Site and the Software and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service.
(2) The names and logos, and other graphics, logos, icons, and service names associated with the Octamon Site or Service, trademarks, registered trademarks or trade dress of Octamon or its licensors or Affiliates in the United States and/or other countries is the property of Octamon Co., Ltd. Octamon’s trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of Octamon or its Affiliates, or in any manner that is likely to cause confusion among consumers or that disparages or discredits Octamon, its Affiliates, or any Octamon Service. The compilation of all content of the Octamon Site, other websites, applications and games is the exclusive property of Octamon or its Affiliates and is protected by United States and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from the Octamon Site or Software unless we have expressly authorized you to do so in writing. If you fail to adhere to these Terms of Service, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content of the Octamon Site or Software, you agree to indemnify and hold harmless Octamon and its Affiliates and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers.
10. Acknowledgements/Limitation on Warranty and Liability
(1) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF OCTAMON SERVICES, OCTAMON SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. OCTAMON SERVICES, OCTAMON SOFTWARE, OCTAMON PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN «AS IS» AND «AS AVAILABLE» BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF OCTAMON SOFTWARE OR OCTAMON SERVICES. OCTAMON DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. OCTAMON PROVIDES OCTAMON SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE OCTAMON SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT OCTAMON WILL HAVE ADEQUATE CAPACITY FOR OCTAMON SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
(2) YOU ACKNOWLEDGE AND AGREE THAT OCTAMON AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON OCTAMON SERVICES OR USE OF OCTAMON SOFTWARE. IN NO CASE SHALL OCTAMON OR ITS LICENSORS’, LICENSEES’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, «OCTAMON AFFILIATES») LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO OCTAMON FOR OCTAMON SERVICES. IN NO CASE SHALL OCTAMON’s LIABILITY TO YOU EXCEED $100 (ONE HUNDRED) US DOLLARS. IN NO CASE SHALL OCTAMON OR OCTAMON AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OCTAMON SERVICES, OCTAMON SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OCTAMON SERVICES OR ACCOUNTS. WHILE OCTAMON USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, OCTAMON AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND, HOWEVER, ARISING, AS A RESULT OF ACCESSING OR USING ANY OCTAMON SERVICE, CONTENT, OCTAMON SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.
(3) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OCTAMON, OCTAMON’S LICENSORS AND OCTAMON’s AFFILIATES LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
11.Indemnification
(1) Upon Octamon’s request, you agree to defend, indemnify and hold harmless Octamon and Octamon N Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Octamon Services. Without limiting the generality of the foregoing, you agree to indemnify and hold Octamon harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Octamon Services and for all of your communication and activity on Octamon Services, including any Content you contribute, and that you will indemnify and hold harmless Octamon and Octamon Affiliates from any liability or damages arising from your conduct on Octamon Services, including any Content that you contribute.
(2) Octamon reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Octamon in that matter. This Section shall survive termination of this Terms of Service.
12. Dispute Resolution
If a dispute arises between you and Octamon, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Octamon agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Service (a «Claim») in accordance with one of the subsections below or as We and you otherwise agree in writing.
(1) Informal Negotiations/Notice of Dispute. You and Octamon agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other («Notice of Dispute»). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and © set forth the specific relief sought («Demand»). Octamon will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: 26 , Bongeunsa-ro 112-gil , Gangnam-gu , Seoul , Republic of Korea (06172)
(2) Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution («ADR») provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and © any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
(3) In case such dispute, controversies or differences cannot be settled amicably through negotiations within a thirty 30-day period, it or they shall be submitted to arbitration administered by the American Arbitration Association in accordance with its International Arbitration Rules.
The number of arbitrators shall be one.
The place of arbitration shall be New York, New York.
The arbitration shall be held, and the award rendered, in English.
Each Party shall bear its own expenses, but Parties shall share equally in the expenses of the arbitration tribunal.
The Parties agree that all arbitration proceedings conducted pursuant to this Section shall be kept strictly confidential, and all information disclosed in the course of such arbitration proceedings shall be used solely for the purpose of those proceedings. Any election to arbitrate by one party shall be final and binding on the other.
(4) Restrictions. You and Octamon agree that any arbitration shall be limited to a dispute between you and Octamon individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND OCTAMON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Octamon agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
13. Micellanious
(1) Entire Agreement. These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein constitutes the entire agreement between you and Octamon hereto with respect to the subject matter hereof and supersedes all prior understandings or arrangements, oral or written, between you and us with respect to the subject matter hereof.
(2) Waiver. The failure of Octamon of require or enforce strict performance by you of any provision of these Terms of Service or failure to exercise any right shall not be construed as a waiver or relinquishment of Octamon’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Octamon of any provision, condition, or requirement of these Terms of Service shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Octamon shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Octamon.
(3) Notice. We may notify you via postings on www.octamon.com, and via e-mail or any other communications means to contact information you provide to Us. All notices given by you or required from you under these Terms of Service or the Octamon Privacy Policy shall be in writing and addressed to: Octamon Co., Ltd., 26 , Bongeunsa-ro 112-gil , Gangnam-gu , Seoul , Republic of Korea (06172). Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
(4) Severability. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity, legality or enforceability of any other provisions. This Agreement shall continue in full force and effect except for any such invalid, illegal or unenforceable provision.
(5) Force Majeure. Octamon shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Octamon, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Octamon’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or Content.
Octamon Co., Ltd. Terms of Service
Last updated August 8, 2018
The terms of this agreement (“Terms of Service”) govern the relationship between you and Octamon Co., Ltd.and its affiliates (hereinafter “Octamon” or “Us” or “We”) regarding your use ofOctamon’s games, websites and related services (the “Service”). Use of the Service is also governed by Octamon’s Privacy Policy, which is incorporated herein by reference.
Before accessing or using the Service, including browsing any Octamon website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL,
USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Octamon reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the Octamon Service.
You will be deemed to have accepted such changes by continuing to use the Service.If at any point you do not agree to any portion of the then-current version of our Terms of Service,the Octamon Privacy Policy, or any other Octamon policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
1. LICENSE
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Octamon policies, Octamon grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
You shall not create an Account or access the Service if you are under the age of 13 You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for anyunauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
You shall not have more than one Account at any given time, sell or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself
You shall not use the Service if you have previously been removed by Octamon, or previously been banned from playing any Octamon game.
You shall use your Account only for non-commercial purposes You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone
Username and Password
During the Account creation process, you will be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access
your account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Octamon and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
Octamon reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
Engage in any act that Octamon deems to be in conflict with the spirit or intent of the Service or make improper use of Octamon’s support services.
Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Octamon Game or any Octamon game experience or without Octamon’s express written consent, modify or cause to be modified any files that are a part of the Service or any Octamon game.Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Octamon game environment.
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Octamon, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Octamon employees, including Octamon’s customer service representatives.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Octamon employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Octamon game, or to obtain any information from the Service or any Octamon game using any method not expressly permitted by Octamon.
Solicit or attempt to solicit personal information from other users of the Service or any Octamon game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Octamon reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Octamon reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, OCTAMON MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO OCTAMON SERVICES OR PORTIONS THEREOF IF YOU ARE, OR OCTAMON SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND OCTAMON IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY ORREMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
OCTAMON RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Octamon reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Octamon shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
2. OWNERSHIP
2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Octamon game client, and the Octamon game clients and server software) are owned by Octamon. Octamon reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF OCTAMON.
2.3. Virtual Items
Octamon owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Octamon games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Octamon game, whether earned in a game or purchased from Octamon, or any other attributes associated with an Account or stored on the Service.
2.4. User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Octamon game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content (c) free of viruses, adware, spyware, worms or other malicious code and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Octamon in accordance with its Privacy Policy. Octamon reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.
3. USER CONTENT
3.1. Content Screening
Octamon assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
If at any time Octamon chooses, in its sole discretion, to monitor the Service, Octamon nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Octamon cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Octamon shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Octamon may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Octamon violates these Terms of Service.
3.3. License
You hereby grant to Octamon an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Octamon the right to authorize others to exercise any of the rights granted to Octamon under these Terms of Service. You further hereby grant to Octamon the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and inconnection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Octamon does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Octamon has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.4. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Octamon games.
Octamon reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Octamon to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Octamon access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents,subsidiaries, joint ventures and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542,
which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which
if known by him or her must have materially affected his settlement with the debtor.”
4. FEES AND PURCHASE TERMS
4.1. Purchases
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or diamonds, all for use in Octamon games (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”) and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits.
Octamon may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Octamon shall have no liability to you or any third party in the event that Octamon exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Octamon, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Octamon games is a service provided by Octamon that commences immediately upon acceptance by Octamon of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Octamon may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT OCTAMON IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. UPDATES TO THE SERVICE
You understand that the Service is an evolving one.
Octamon may require that you accept updates to the Service and to Octamon’s games you have installed on your computer. You acknowledge and agree that Octamon may update the Service and Octamon games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Octamon’s Games.
6. DISCLAIMER OF WARRANTIES
WITHOUT LIMITING OCTAMON’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. OCTAMON DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE THAT DEFECTS WILL BE CORRECTED OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. LIMITATION OF LIABILITY SOLE AND EXCLUSIVE REMEDY INDEMNIFICATION
OCTAMON SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHERLEGAL THEORY, AND WHETHER OR NOT OCTAMON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OCTAMON SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO OCTAMON IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO OCTAMON DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OCTAMON’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH OCTAMON IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Octamon may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Octamon’s liability shall be the minimum permitted under such applicable law.
IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF OCTAMON.
You agree to indemnify, defend and hold Octamon harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
8. DISPUTE RESOLUTION AND LAW
If a dispute arises between you and Octamon, we strongly encourage you to first contact us directly to seek a resolution by contacting support@octamon.
If you are a resident of the United States, these Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by California law,
without regard to conflict of law provisions. You agree that any claim or dispute you may have against Octamon must be resolved exclusively by a court located in San Francisco, California. If you are a resident outside of the United States, you agree that all disputes between you and Octamon shall be governed by the laws of Korea, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Octamon must be resolved exclusively by a court located in Seoul, Korea.
9. SEVERABILITY
You and Octamon agree that if any portion of these Terms of Service or of the Octamon Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
10. GENERAL PROVISIONS
10.1. Assignment
Octamon may assign or delegate these Terms of Service and/or the Octamon Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Octamon’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
10.2. Supplemental Policies
Octamon may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
10.3. Entire Agreement
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Octamon Privacy Policy), contain the entire understanding of you and Octamon, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
10.4. No Waiver
The failure of Octamon to require or enforce strict performance by you of any provision of these Terms of Service or the Octamon Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Octamon’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Octamon of any provision, condition, or requirement of these Terms of Service or the Octamon Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Octamon shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Octamon.
10.5. Notices
We may notify you via postings on support@octamon.com, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Octamon Privacy Policy shall be in writing and addressed to: Octamon Co., Ltd. Attn: Legal, 26 , Bongeunsa-ro 112-gil , Gangnam-gu , Seoul , Republic of Korea (06172). Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Octamon are of a unique and irreplaceable nature, the loss of which shall irreparably harm Octamon and which cannot be replaced by monetary damages alone so that Octamon shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Octamon game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
10.7. Force Majeure
Octamon shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Octamon, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Octamon’s control such as acts of God, war, terrorism, riots, embargoes,acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Last updated August 8, 2018
Terms of Service
1. Legal Agreement
(1) The following terms and conditions, which include and hereby incorporate the Privacy Policy (collectively, these «Terms of Service») are binding legal agreement between you and Octamon Co., Ltd., its subsidiaries and affiliated companies (Octamon) that govern your use of (a) the website located at www.octamon.com (the «Site»), including any services, features and content accessible or downloadable from the Site, and (b) any other Octamon websites, applications, services or products licensed, downloaded or otherwise accessed by you through third party websites or sources ((a) and (b) collectively, the «Service»). By using this Website or accessing any of our games, you agree to accept and be bound by the terms and conditions appearing in this document, and agree to comply with any Rules of Conduct and the Privacy Policy.
(2) Octamon reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended Terms on or within the Service. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted.
(3). You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by Octamon under the laws of applicable jurisdiction. The Service is not intended for use by children under 13 years of age.
2. License
(1) Octamon hereby grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable right and license to use the Site and the services offered by our Site (the «Services») as well as any software (the «Software») in connection with the Services only for the purposes of accessing, viewing or playing content, posting or submitting User Content, using the embedded link function, placing product orders or for accessing information, Applications and services solely for you noncommercial, limited personal use and for no other purposes.
(2) The rights granted to you under this Agreement are subject to the following conditions:
You may not (a) sublicense, rent, lease, loan, sell or otherwise transfer the Software or the Services (or any part thereof) (b) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; © create any derivative works in respect of the Software or the Service; or (d) otherwise use the Software or the Service except as expressly provided in this Agreement. Title to the Software, and all rights with respect to the Software and Service not specifically granted under this Agreement, including without limitation all rights of reproduction, modification, distribution, display, disassembly and de-compilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are reserved to Octamon or its licensor(s).
You may not, nor will you allow any third party (whether or not for your benefit (a) alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Content you download, transmit, display, print or reproduce from the Site; (b) reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of Octamon. Any unauthorized or prohibited us of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.
(3) If you access one of our Octamon Software, you may have the opportunity to get a limited and revocable license to use virtual, in-game currency or items that can be used while playing such Software. You may be required to pay a fee to obtain virtual currency and/or items. You understand that «Virtual Items» including but not limited to virtual coins, tokens, points, goods that you may «earn», «purchase» or «give as a gift» exist solely in the virtual world and have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Software. Price and availability of virtual currency and virtual items are subject to change without notice.
3. Account Registration
(1) You may be required to create an account (an «Account») to access our Site and our Services. If you have questions about Account registration, please contact our Support Team at support@octamon.com. Accounts are available only to individuals 13 years of age or older (if it is not specially stated for certain portions of the Site or the Services that they contain mature contents and are not suitable for anyone younger than 18 years of age or the applicable age of majority in the jurisdiction in which you reside). If you are over 13 years of age but are still considered a minor, we ask that you review these terms with your parents or guardian to ensure they understand them and agree to them. By accepting the terms of use in the Agreement, you represent that you are 13 years of age or older. We shall not be responsible in any way for your failure to accurately confirm your age per the terms hereunder.
(2) Only one person may use an Account and you may not have more than four Accounts. Octamon reserves the right to set limits on the number of Accounts over time in its sole discretion.
(3) When creating a user identity («User ID») you agree to (i) provide true, accurate, current and complete information as requested in the required fields and (ii) promptly maintain and update such User ID to keep it true, accurate, current and complete. The information you provided shall be subject to our Privacy Policy. Your Nick Name or User ID, which is considered open information for other Users, may be transferred by Octamon to other Users to create connections and increase social relations of the Users.
(4) You are liable for all activities conducted through your Account. Your Account may be blocked if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. Octamon will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.
(5) You shall not have an Account or use the Service if you have previously been removed by Octamon or previously been banned from playing any Octamon game.
(6) Your User ID may be deactivated if you do not use it within six months after the date that it was created or for any continuous period of six months after creation. If you do not use your User ID for six or more months, it may be removed and deleted by the Website administrator at its sole discretion without preliminary notification.
4. User Content
(1) We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Octamon Site, other websites, forums, chats or other channels, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Octamon does not endorse, approve, or prescreen any content that you or other users post or communicate in connection with use of any Octamon Services. Octamon does not assume any responsibility or liability for any content that is generated, posted or communicated by any user in connection with use of any Octamon Services. You agree to indemnify Octamon and its Affiliates and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate.
(2) You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, forums or bulletin boards, and any other similar types of communications and submissions in regard of use of any Octamon Services, are non-confidential, public communications, and you have no expectation of privacy concerning such communications. You acknowledge that personal information that you communicate publicly may be seen and used by others and may result in unsolicited communications. Octamon is not liable for any information that you choose to submit or communicate to other users, or for the actions of any other users.
(3) You represent and warrant that you have all necessary rights in and to any Content that you post, that such Content do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Octamon and its Affiliates and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such Content incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Octamon permission to use any such name, voice, likeness and/or image of such individual appearing in the Content you post throughout the world in perpetuity. Once you post or communicate any content or Content on Octamon Site or Software, you expressly grant Octamon the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or Content, including without limitation the name you submit in connection with such content or Content, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.
(4) It is Octamon’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act («DMCA»). If You believe that you copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Service or in a Octamon’s game in a way that may constitute copyright infringement, you may provide notice of your claim to the following e-mail address: support@octamon.com
5. Rules of Conduct
As a condition of your use of the Service, and without limiting any other obligations under these Terms of Service, you agree to comply with the limitations and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth. Any use of the Service in violation of these Rules of Conduct is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 2, and may subject you to liability for violations of law.
(1) ILLEGAL CONTENT. You agree that you will not transmit, make available or otherwise promote or support, under any circumstances:
(a) any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexual, libelous, invasive of another’s privacy, hateful, discriminatory or disparaging or otherwise objectionable or inappropriate;
(b) any abusive, offensive, or defamatory screen names and/or avatars;
(c) any Content that promotes illegal activity, such as drug use;
(d) any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party;
(e) any unsolicited or unauthorized advertising, promotional Content, «junk mail», «spam», «chain letters, «pyramid schemes», or any other form of solicitation;
(f) any spyware, passive collection mechanism or any other code or Content that acts as a passive or active information collection or transmission mechanism;
(g) cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with or limit the functionality of the Service or any part thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user’s uninterrupted use and enjoyment of the Service; or
(h) unreleased Service content (such as in-game items or equipment), areas that have been unlocked by hacking into client data files, or data not available through normal operation or game play on any part of the Service.
(2) ILLEGAL ACTIVITY. You agree that you will not, under any circumstances:
(a) organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person’s view, objectionable and/or inappropriate and defraud or mislead Octamon or other users or otherwise engage in any suspicious activity;
(b) promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items;
(c) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
(d) upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt Octamon Services;
(e) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(f) create any Account by automated means or false pretenses, create more than one Account per Device, or use any other user’s Account for any purpose, including to circumvent a suspension or ban;
(g) cheat or use, develop or distribute automation software programs («bots»), «macro» software programs or other «cheat utility» software program or applications which are designed to modify the experience to the detriment of fair play; or
(h) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;
(i) abuse or exploit bugs, undocumented features, design errors or problems in the game;
(j) sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items or Virtual Currency associated with your Account to anyone without Octamon’s written permission;
(k) use the Service to engage in any commercial activity, including without limitation any attempt to raise money for any party or any purpose or advertise, promote or attempt to trade or sell a website, pyramid scheme, multi-tiered marketing scheme or any other product or service of any kind;
(3) These Rules of Conduct are not meant to be exhaustive, and Octamon reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Services and to take action — up to and including termination of User Account and exclusion from further participation in the Services.
6. Fees and Purchase Terms
(1) Certain areas of the Site and the Services may charge fees to purchase a license to access and acquire certain virtual game items or participate in game activities on the Site or other platforms. You can license Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. YOU ACKNOWLEDGE THAT OCTAMON IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
(2) Octamon may, from time to time, modify, amend, or supplement its fee and billing methods, and post those changes in this Agreement or elsewhere on the Site. Such modifications, amendments or supplements shall be effective immediately upon posting on the site. If any change is unacceptable to you, you may cancel your account at any time.
7. Deactivation/Termination of Your Registration or Use
(1) Octamon and you each have the right to terminate or cancel any of your Octamon account(s), if applicable, at any time for any reason. You understand and agree that cancellation of your Octamon account(s) and/or ceasing use of any and all Octamon Services is your sole right and remedy with respect to any dispute with Octamon.
(2) If you violate these Terms of Service, Octamon may issue you a warning regarding the violation, or, in Octamon sole discretion, immediately block or terminate any and all Octamon accounts and/or cancel access to the Octamon Service. You acknowledge that Octamon is not required to provide you with any notice or warning prior to any such cancellation under this Section.
8. Third Party Sites
(1) Clicking a hyperlink may direct you away from the Site or the Software. Octamon does not endorse or control any third-party linked sites, is not responsible for their content and has no association with the owners or operators of such sites. Also, other sites may have different terms of service and different privacy policies.
(2) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site or Software, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Octamon shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
9. Intellectual Property Rights
(1) Octamon reserves all right, title and interest in the Site and the Software and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service.
(2) The names and logos, and other graphics, logos, icons, and service names associated with the Octamon Site or Service, trademarks, registered trademarks or trade dress of Octamon or its licensors or Affiliates in the United States and/or other countries is the property of Octamon Co., Ltd. Octamon’s trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of Octamon or its Affiliates, or in any manner that is likely to cause confusion among consumers or that disparages or discredits Octamon, its Affiliates, or any Octamon Service. The compilation of all content of the Octamon Site, other websites, applications and games is the exclusive property of Octamon or its Affiliates and is protected by United States and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from the Octamon Site or Software unless we have expressly authorized you to do so in writing. If you fail to adhere to these Terms of Service, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content of the Octamon Site or Software, you agree to indemnify and hold harmless Octamon and its Affiliates and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers.
10. Acknowledgements/Limitation on Warranty and Liability
(1) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF OCTAMON SERVICES, OCTAMON SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. OCTAMON SERVICES, OCTAMON SOFTWARE, OCTAMON PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN «AS IS» AND «AS AVAILABLE» BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF OCTAMON SOFTWARE OR OCTAMON SERVICES. OCTAMON DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. OCTAMON PROVIDES OCTAMON SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE OCTAMON SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT OCTAMON WILL HAVE ADEQUATE CAPACITY FOR OCTAMON SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
(2) YOU ACKNOWLEDGE AND AGREE THAT OCTAMON AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON OCTAMON SERVICES OR USE OF OCTAMON SOFTWARE. IN NO CASE SHALL OCTAMON OR ITS LICENSORS’, LICENSEES’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, «OCTAMON AFFILIATES») LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO OCTAMON FOR OCTAMON SERVICES. IN NO CASE SHALL OCTAMON’s LIABILITY TO YOU EXCEED $100 (ONE HUNDRED) US DOLLARS. IN NO CASE SHALL OCTAMON OR OCTAMON AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OCTAMON SERVICES, OCTAMON SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OCTAMON SERVICES OR ACCOUNTS. WHILE OCTAMON USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, OCTAMON AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND, HOWEVER, ARISING, AS A RESULT OF ACCESSING OR USING ANY OCTAMON SERVICE, CONTENT, OCTAMON SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.
(3) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OCTAMON, OCTAMON’S LICENSORS AND OCTAMON’s AFFILIATES LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
11.Indemnification
(1) Upon Octamon’s request, you agree to defend, indemnify and hold harmless Octamon and Octamon N Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Octamon Services. Without limiting the generality of the foregoing, you agree to indemnify and hold Octamon harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Octamon Services and for all of your communication and activity on Octamon Services, including any Content you contribute, and that you will indemnify and hold harmless Octamon and Octamon Affiliates from any liability or damages arising from your conduct on Octamon Services, including any Content that you contribute.
(2) Octamon reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Octamon in that matter. This Section shall survive termination of this Terms of Service.
12. Dispute Resolution
If a dispute arises between you and Octamon, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Octamon agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Service (a «Claim») in accordance with one of the subsections below or as We and you otherwise agree in writing.
(1) Informal Negotiations/Notice of Dispute. You and Octamon agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other («Notice of Dispute»). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and © set forth the specific relief sought («Demand»). Octamon will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: 26 , Bongeunsa-ro 112-gil , Gangnam-gu , Seoul , Republic of Korea (06172)
(2) Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution («ADR») provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and © any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
(3) In case such dispute, controversies or differences cannot be settled amicably through negotiations within a thirty 30-day period, it or they shall be submitted to arbitration administered by the American Arbitration Association in accordance with its International Arbitration Rules.
The number of arbitrators shall be one.
The place of arbitration shall be New York, New York.
The arbitration shall be held, and the award rendered, in English.
Each Party shall bear its own expenses, but Parties shall share equally in the expenses of the arbitration tribunal.
The Parties agree that all arbitration proceedings conducted pursuant to this Section shall be kept strictly confidential, and all information disclosed in the course of such arbitration proceedings shall be used solely for the purpose of those proceedings. Any election to arbitrate by one party shall be final and binding on the other.
(4) Restrictions. You and Octamon agree that any arbitration shall be limited to a dispute between you and Octamon individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND OCTAMON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Octamon agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
13. Micellanious
(1) Entire Agreement. These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein constitutes the entire agreement between you and Octamon hereto with respect to the subject matter hereof and supersedes all prior understandings or arrangements, oral or written, between you and us with respect to the subject matter hereof.
(2) Waiver. The failure of Octamon of require or enforce strict performance by you of any provision of these Terms of Service or failure to exercise any right shall not be construed as a waiver or relinquishment of Octamon’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Octamon of any provision, condition, or requirement of these Terms of Service shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Octamon shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Octamon.
(3) Notice. We may notify you via postings on www.octamon.com, and via e-mail or any other communications means to contact information you provide to Us. All notices given by you or required from you under these Terms of Service or the Octamon Privacy Policy shall be in writing and addressed to: Octamon Co., Ltd., 26 , Bongeunsa-ro 112-gil , Gangnam-gu , Seoul , Republic of Korea (06172). Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
(4) Severability. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity, legality or enforceability of any other provisions. This Agreement shall continue in full force and effect except for any such invalid, illegal or unenforceable provision.
(5) Force Majeure. Octamon shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Octamon, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Octamon’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or Content.
Octamon Co., Ltd. Terms of Service
Last updated August 8, 2018
The terms of this agreement (“Terms of Service”) govern the relationship between you and Octamon Co., Ltd.and its affiliates (hereinafter “Octamon” or “Us” or “We”) regarding your use ofOctamon’s games, websites and related services (the “Service”). Use of the Service is also governed by Octamon’s Privacy Policy, which is incorporated herein by reference.
Before accessing or using the Service, including browsing any Octamon website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL,
USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Octamon reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the Octamon Service.
You will be deemed to have accepted such changes by continuing to use the Service.If at any point you do not agree to any portion of the then-current version of our Terms of Service,the Octamon Privacy Policy, or any other Octamon policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
1. LICENSE
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Octamon policies, Octamon grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
You shall not create an Account or access the Service if you are under the age of 13 You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for anyunauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
You shall not have more than one Account at any given time, sell or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself
You shall not use the Service if you have previously been removed by Octamon, or previously been banned from playing any Octamon game.
You shall use your Account only for non-commercial purposes You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone
Username and Password
During the Account creation process, you will be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access
your account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Octamon and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
Octamon reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
Engage in any act that Octamon deems to be in conflict with the spirit or intent of the Service or make improper use of Octamon’s support services.
Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Octamon Game or any Octamon game experience or without Octamon’s express written consent, modify or cause to be modified any files that are a part of the Service or any Octamon game.Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Octamon game environment.
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Octamon, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Octamon employees, including Octamon’s customer service representatives.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Octamon employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Octamon game, or to obtain any information from the Service or any Octamon game using any method not expressly permitted by Octamon.
Solicit or attempt to solicit personal information from other users of the Service or any Octamon game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Octamon reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Octamon reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, OCTAMON MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO OCTAMON SERVICES OR PORTIONS THEREOF IF YOU ARE, OR OCTAMON SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND OCTAMON IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY ORREMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
OCTAMON RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Octamon reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Octamon shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
2. OWNERSHIP
2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Octamon game client, and the Octamon game clients and server software) are owned by Octamon. Octamon reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF OCTAMON.
2.3. Virtual Items
Octamon owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Octamon games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Octamon game, whether earned in a game or purchased from Octamon, or any other attributes associated with an Account or stored on the Service.
2.4. User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Octamon game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content (c) free of viruses, adware, spyware, worms or other malicious code and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Octamon in accordance with its Privacy Policy. Octamon reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.
3. USER CONTENT
3.1. Content Screening
Octamon assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
If at any time Octamon chooses, in its sole discretion, to monitor the Service, Octamon nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Octamon cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Octamon shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Octamon may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Octamon violates these Terms of Service.
3.3. License
You hereby grant to Octamon an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Octamon the right to authorize others to exercise any of the rights granted to Octamon under these Terms of Service. You further hereby grant to Octamon the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and inconnection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Octamon does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Octamon has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.4. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Octamon games.
Octamon reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Octamon to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Octamon access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents,subsidiaries, joint ventures and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542,
which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which
if known by him or her must have materially affected his settlement with the debtor.”
4. FEES AND PURCHASE TERMS
4.1. Purchases
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or diamonds, all for use in Octamon games (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”) and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits.
Octamon may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Octamon shall have no liability to you or any third party in the event that Octamon exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Octamon, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Octamon games is a service provided by Octamon that commences immediately upon acceptance by Octamon of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Octamon may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT OCTAMON IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. UPDATES TO THE SERVICE
You understand that the Service is an evolving one.
Octamon may require that you accept updates to the Service and to Octamon’s games you have installed on your computer. You acknowledge and agree that Octamon may update the Service and Octamon games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Octamon’s Games.
6. DISCLAIMER OF WARRANTIES
WITHOUT LIMITING OCTAMON’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. OCTAMON DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE THAT DEFECTS WILL BE CORRECTED OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. LIMITATION OF LIABILITY SOLE AND EXCLUSIVE REMEDY INDEMNIFICATION
OCTAMON SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHERLEGAL THEORY, AND WHETHER OR NOT OCTAMON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OCTAMON SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO OCTAMON IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO OCTAMON DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OCTAMON’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH OCTAMON IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Octamon may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Octamon’s liability shall be the minimum permitted under such applicable law.
IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF OCTAMON.
You agree to indemnify, defend and hold Octamon harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
8. DISPUTE RESOLUTION AND LAW
If a dispute arises between you and Octamon, we strongly encourage you to first contact us directly to seek a resolution by contacting support@octamon.
If you are a resident of the United States, these Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by California law,
without regard to conflict of law provisions. You agree that any claim or dispute you may have against Octamon must be resolved exclusively by a court located in San Francisco, California. If you are a resident outside of the United States, you agree that all disputes between you and Octamon shall be governed by the laws of Korea, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Octamon must be resolved exclusively by a court located in Seoul, Korea.
9. SEVERABILITY
You and Octamon agree that if any portion of these Terms of Service or of the Octamon Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
10. GENERAL PROVISIONS
10.1. Assignment
Octamon may assign or delegate these Terms of Service and/or the Octamon Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Octamon’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
10.2. Supplemental Policies
Octamon may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
10.3. Entire Agreement
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Octamon Privacy Policy), contain the entire understanding of you and Octamon, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
10.4. No Waiver
The failure of Octamon to require or enforce strict performance by you of any provision of these Terms of Service or the Octamon Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Octamon’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Octamon of any provision, condition, or requirement of these Terms of Service or the Octamon Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Octamon shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Octamon.
10.5. Notices
We may notify you via postings on support@octamon.com, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Octamon Privacy Policy shall be in writing and addressed to: Octamon Co., Ltd. Attn: Legal, 26 , Bongeunsa-ro 112-gil , Gangnam-gu , Seoul , Republic of Korea (06172). Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Octamon are of a unique and irreplaceable nature, the loss of which shall irreparably harm Octamon and which cannot be replaced by monetary damages alone so that Octamon shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Octamon game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
10.7. Force Majeure
Octamon shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Octamon, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Octamon’s control such as acts of God, war, terrorism, riots, embargoes,acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.