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END USER AGREEMENT (THE "AGREEMENT")
All users must agree to this in order to play the game.
Welcome to the world of CHECKMATE : Battle Arenas! Before you step into this CHECKMATE : Battle Arenas world, please take a moment to review this End User License Agreement (the "Agreement").
This Agreement is an agreement between you (referred to hereinafter as "you", "your," "member," or "user") and Infovine co.,Ltd. (referred to hereinafter as “we,” “our,” “us,” or “INFOVINE”). It is important that you understand both the benefits we provide, as well as our limitations.
1. TERMS OF AGREEMENT
(a) Terms of Agreement. The Company offers to allow you to play its online computer games (the "Games") conditioned on your agreement to all of the terms and conditions contained in this Agreement and your compliance with the posted Rules of Conduct. BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE GAME CHECKMATE : Battle Arenas, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OUR PRIVACY POLICY, AND RULES OF CONDUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE GAME. BY ENTERING INTO THIS AGREEMENT, YOU REPRESENT THAT YOU ARE AN ADULT AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE. YOU AGREE TO COMPLY WITH THIS AGREEMENT ON BEHALF OF YOURSELF AND, AT YOUR DISCRETION, ANY MINOR CHILDREN FOR WHOM YOU ARE THE PARENT OR LEGAL GUARDIAN AND WHOM YOU HAVE AUTHORIZED TO PLAY THE GAME USING YOUR ACCOUNT (AS DEFINED IN SECTION 4 OF THIS AGREEMENT). If you have any question regarding any of the mentioned terms and conditions or the Rules of Conduct, please feel free to contact the customer service section on our Official Facebook Fan Page at https://www.facebook.com/checkmate.pvp/.
(b) Amendments. The Company may amend or revise the Agreement or modify the Rules of Conduct at any time in its sole discretion on its website via: https://www.facebook.com/checkmate.pvp/
2. DESCRIPTION OF SERVICE
CHECKMATE : Battle Arenas is offered as a free online game service (the "Service") accessible via the internet through approved distributions by the Company, with sales of various game items for your additional interest. Secondly, it reserves the right to change the URL address of the Web Sites at any time as necessary. In order to use the Service, you need to download the Game, available on its Web Sites and approved distributions, for an installation of the necessary components (the "Software"). The Company shall not be responsible for any fees and charges incurred in any, if not all, of an establishment/usage/termination of your Internet Service. The Web Sites is an active part of the Service, and any use of the Web Sites shall be governed by the same terms and conditions of this Agreement and the Rules of Conduct.
3. LICENSE TO USE
Subject to the terms of this Agreement, the provided service should be for your personal use only, and a non-exclusive, revocable, non-transferable license to use the Software in connection with the Service. You may not sublicense, rent, lease, loan or otherwise transfer the Software or the Service. In addition, you may not modify, adapt, reverse engineer or otherwise attempt to derive source code from the Software; or otherwise use the Software or the Service except as expressly provided in this Agreement.
4. ACCOUNT
In order to use the Service and the Game, you will be required to establish an account (your "Account") within the Game. The Account is established once a character is created within the Game, and encompasses all characters created within.
(a) Eligibility. Individuals of all ages are eligible to establish an Account. THIS GAME IS NOT DIRECTED AT CHILDREN UNDER THE AGE OF 13. If you are less than 13 years of age and wish to use the Service, we recommend your parent(s) or guardian(s) review and acknowledge the Agreement by completing the installation with you. Those who have completed these steps and maintained their Account in good standing will sometimes be referred as "Members" in this Agreement. Members are liable for all activities conducted through this Account.
(b) Character Name. In order to use the Service, you must create a character and choose a name (the "Character Name") for your character to identify your character to others. This name can also be used to identify yourself to the staff of the Company. You may not select names of others as your Character Name or those which violate any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of the Company, or which the Company deems at its sole discretion to be vulgar or otherwise offensive. The Company reserves the right to delete, or alter any vulgar or otherwise offensive Character Name.
(c) Clan/Guild Names. While accessing the service, it is possible to name your Clan or Guild. You may not name Clan or Guild names/descriptions/titles of others or those which violate any third party’s trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of the Company, or which the Company deems at its sole discretion to be vulgar or otherwise offensive. The Company reserves the right to delete or alter any name given to a Clan or Guild, or terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or trade name right, copyright, or other proprietary right.
(d) Account Safety. You are responsible for maintaining the confidentiality of your Steam password and CHECKMATE : Battle Arenas game access credentials. Any harmful consequences resulting from your self-disclosure, allowing others to disclose your information, or a usage of your credentials by others in order to invade/user your Account and/or Characters contained within. At no time should you respond to an online request for a password. The Company NEVER asks for your password either offline or online. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR STEAM USERNAME AND PASSWORD WHILE PLAYING CHECKMATE : Battle Arenas, AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
(e) Former Members. Members whose Service and Game access has been terminated by the Company may not access the Service in any manner or for any reason, including through any other Account, without expressed written consent by the Company. Any Account accessed by former Members is subject to an immediate termination of Service and Game access.
(f) Related Accounts. If the Company terminates or denies Service and Game access for any Account, it may also terminate access for any other Account accordingly if those share any of the identical Member names, phone numbers, e-mail addresses, postal addresses, Internet Protocol addresses, or credit card numbers with a terminated Account.
5. RECHARGE FOR SERVICE
Current fees for using the Service are free. You are responsible for all fees associated with your Internet connection.
6. SELLING/PURCHASING OF GAME ITEMS AND "CASH" ("Virtual Currency")
(a) Purchase of Game Items and Cash. The Company may offer various game items to sell to you in the Games, on the Web Site, and through the Steam service, from time to time (the "Game Item"). In addition, the Company may offer Cash to you in the Games, on the Web Sites and through the Steam service, from time to time, which can be used to purchase the Game Items in the Games. If you select to purchase Game Items or Cash, you agree that you understand how Game Items and Cash are used in the Games and are fully responsible for all the consequences related to the use or transfer of such Game Item and Cash. In addition, you agree that any out-of-game or out-of-provided Web Sites selling and/or purchasing activities of Game Items and Cash are strictly prohibited. GAME ITEMS AND CASH YOU HAVE PURCHASED ARE NOT REFUNDABLE IN A WHOLE OR IN PART FOR ANY REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION TO, AN INTERRUPTION OR UNAVAILABILITY OF SERVICE. By an acceptance of the terms of the Agreement, you also agree that Game Items and Cash you have purchased are properties of the Company, and it reserves the right to alter the fees payable for new Game Items. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES, INCLUDING A SITUATION WHERE YOUR PAYMENT SOURCE IS BEING OR HAS BEEN USED WITHOUT YOUR INTENTION. IT SHOULD BE YOUR RESPONSIBILITY TO SECURE YOUR PAYMENT SOURCE FROM OUTSIDERS TO PREVENT ITS ABUSIVE OR UNINTENTIONAL USAGE.
(b) Security and Anti-Fraud. For security and anti-fraud purposes, the Company, upon its necessity, may require purchasers of Game Items and Cash to provide their personal information such as names, phone numbers, addresses, etc. Purchasers may also be required to write and sign a statement certifying that their purchases are real and valid. Failure of such activities, upon its necessity, may result in suspension of the purchaser's Service and Game access.
7. SHARING BILLING DATABASE WITH 3RD PARTY
The Company may share Billing DB information with 3rd parties to improve and protect its Service quality and data. User information in this case, will be protected exhaustively.
8. TRADING AMONG PLAYERS
Trading of Game Items between Members is not permitted. All the trading or transference activities including trading of Cash, Accounts, and all out-of-game transfers, shall be strictly prohibited. The Company shall not be responsible for any losses incurred by any permitted or prohibited trading activities, and ANY AND ALL PROHIBITED CONDUCTS MAY RESULT IN AN IMMEDIATE TERMINATION OF THE ACCOUNTS' SERVICE AND GAME ACCESS INVOLVED IN SUCH TRADING.
9. CONTENT AND MEMBER CONDUCT
(a) Content. You acknowledge that:
(i) By using the Software and the Service, you will have access to graphics, sound effects, music, animation-style video and text (collectively, "Content"), and
(ii) Content may be provided by licensed independent content providers, including text contributions from other Members (all such independent content providers shall hereinafter be referred to as "Content Providers"). The Company does not pre-screen Content as a matter of policy. In addition, it has the right, but is not obligated, to remove any Content at any time which it deems to be harmful, offensive, or otherwise violating this Agreement.
(b) Right in Content. You acknowledge that the Company and licensed Content Providers have rights in their respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with playing the Games.
(c) Member Content. Members can upload and create Content to our servers in various forms, such as in selections you make for the Games and in bulletin boards and similar user-to-user areas. Unless specified otherwise in your transmission, by submitting your Content to any area on the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to the Company of the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
(d) Member Conduct. While using the Service, Members may not engage in any conduct or communication which is unlawful or restricts or inhibits any other Members from using or enjoying the Service. Members agree to use the Services only for lawful purposes. It is the sole responsibility of the Member to maintain awareness of the Rules Of Conduct. Furthermore, the Company reserves the right to determine if a Member's conduct is harmful to the Game, Service, or other Members. You agree not to use the Service to:
(1) Use of illegal automated programs, Scripts, and Computers. The uses of any illegal automated program (Ex. 3rd party bot), systems, devices, computers or scripts on the Games are strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. Violators will be prosecuted to the full extent of applicable laws and may also be liable for any punitive damage. In its sole discretion and based on legitimate information, the Company reserves the right to terminate and permanently disqualify any Members who are determined as violators of these Terms of Service. All decisions from the Company shall be final.
(2) Harass, threaten or embarrass as well as cause distresses, unwanted attentions or discomforts to other Members in the Service shall be prohibited. The Company does not condone harassment in any form and may suspend or terminate Service and Game access of any Member who harasses others. In addition, any means of personal attacks such as those based on races, national origins, ethnicities, religions, genders, lifestyle choices, disabilities or other such affiliations, are strictly prohibited.
(3) Post or transmit of explicit sexual images, or/and pointing or/and referencing to such images are prohibited. The Company prohibits the transfer or post of sexually explicit images or other content deemed offensive.
(4) Transmit of any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content. If Members engage in vulgar or abusive language online, even if masked by symbols or other characters, or in other impermissible behavior, they may receive a warning, or be temporarily or permanently excluded from one or more Games, bulletin boards, chat areas, or the membership may be terminated immediately, and they may be subject to civil liability and/or prosecution by law enforcement authorities.
(5) Scroll or carry out any action with a similar disruptive effect. "Scrolling" is defined as repeatedly causing the screen to roll faster than what members are able to type onto it.
(6) Impersonate any person, including, but not limited to, the employees of the Company, monitors or hosts. Members shall not hold themselves out or portray themselves as the staffs or employees of the Company while engaging in all forms of online communication, including, but not limited to, member names, member profiles, voice, text or graphic chat, message postings or any form of communication on line. Impersonation of the staffs or employees of the Company shall result in immediate termination of Service and Game access.
(7) Engage in "disruptive behavior" in chat areas, game areas, bulletin boards, or any other area of the Services. Disruptive behavior shall be deemed to include, but will not be limited to, conduct which purposefully interferes with the normal flow of dialogue in a Service area. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
(8) Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary load on the Services and is considered a nuisance by many users. Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter.
(9) Post or transmit unsolicited advertising, promotional materials, or other forms of solicitation. The Company services are not to be used to send unsolicited advertising, promotional material, or other forms of solicitation to other members. Members may not use the Company services to collect or "harvest" member names without expressed permission of those users. The Company reserves the right to block and/or filter mass e-mail solicitations on or through the Service.
(10) Violate any operating rule, policy or guideline of any other online service. Members further agree to abide by the rules of Members' Internet service provider.
(11) Violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation.
(12) Modify any files that the Company does not specifically authorize members to modify. Use of material, which is subject to the rights of any person or entity without an expressed permission of such rights holder, is prohibited, and will result in the termination of the Members' membership and possible civil and/or criminal liability.
(13) Post too many bulletin boards at once and/or sending multiple unsolicited e-mails to a single address, sometimes referred to as "spamming," is prohibited. The Company reserves the right to determine what patterns of behavior are defined as "spamming," and it may take action for the spamming on the Member. You agree that the Company may take whatever steps it deems necessary to abridge or prevent behavior of any sort on the Service in its sole discretion, without making a notification for your reference.
(e) Cheating Programs. In order to ensure fairness, the Company shall not allow any use of cheating programs such as macros, bots, mouse emulators, etc. If you use these cheating programs, you may engage in severe consequences including, but not limited, to the followings:
(i) the Company may suspend your Service and Game access for an indefinite period time;
(ii) the Company may terminate your Service and Game access; and
(iii) the Company reserves the right to seek further legal remedies against you.
(f) Modification of the Client Program. All Members must use the client program provided by the Company. It periodically updates the client program as well, and all Members are required to use the latest version of the Games. Any modification of the client program is strictly prohibited, and any violation may result in termination of the Service and Game access.
(g) Exploitation of Program Bugs. All Members are prohibited from exploiting any programming bugs in the Game, on the Web Site, and/or within the system of the Company. Any violations may result in termination of Service and Game access.
10. OFFICIAL SERVICE
The Games are designed for official play only as offered through the Service by the Company at the Web Sites and Company approved distributions, and not through any other means. You agree to play the Games only as offered by the Company at the Web Sites and Company approved distributions, and not through any other means. You further agree not to create or provide any other means through which the Games may be played by others, as through server emulators. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Games, except that you may use the Software to the extent expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any of the Games policies, characters, items, coin or copyrighted material.
11. INTERRUPTION OF SERVICE
(a) The Company reserves the right to interrupt the Service, from time to time, on a regularly scheduled basis or otherwise, with or without prior notice, in order to operate maintenance. You agree that the Company is not liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever.
(b) You acknowledge that the Service may be interrupted for reasons beyond the control of the Company, and it may not guarantee that you will be able to access the Service or Game whenever you may wish to do so. The Company shall not be liable for any interruption of the Service, delay, or failure to perform resulting from any causes beyond its reasonable control.
(c) The Company shall not be obligated to refund all or any portion of any Game Item and Cash purchases by reason of any interruption of the Service and by reason of any of the circumstances described in paragraph (a) or (b) of this provision.
12. ALPHA/BETA POLICY
You may be selected to alpha or beta test the Games and site features. Your participation as a tester is subject to the following terms and conditions.
(a) Closed Alpha or Beta Tests: Closed alpha or beta tests are strictly confidential. The alpha or beta games, including information about features and functionality to be offered as part of the Games, are confidential. If you participate in a closed alpha or beta test, you will use your best efforts to safeguard and to prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta games. You will carry out the testing personally and not provide access to alpha or beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to the Company, and the Company is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the alpha or beta games, and their features, confidential will continue until the Company publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
(b) All Alpha or Beta Tests (Closed and Open)
(1) As a tester, you are invited to play alpha or beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, shall be construed as granting you any rights or privileges of any kind with respect to the games or content that you find here. The alpha or beta games are provided for testing on an "as is" "as available" basis and we make no warranty to you of any kind, express or implied.
(2) When playing an alpha or beta game, you may accumulate game items, experience points, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.
(3) By selecting a "PLAY" or “Game Start” button to start an alpha or beta game, you agree that:
(i) playing an alpha or beta game is at your own risk and that you know that the game may include known or unknown bugs,
(ii) any value or status indicators that you achieve through game play may be erased at any time,
(iii) the Company has no obligation to make this game available for play without charge for any period of time, nor to make them available at all,
(iv) this game may be available once the testing process is complete or at any time in the future;
(v) the Company`s Terms of Agreement apply to your use of the game during the testing phase, and
(vi) if it is a closed alpha or beta test, you will keep all information about the games confidential as stated above and not disclose such information to any other person.
(4) Alpha/beta test policies are non-transferable under any circumstances. And in its sole discretion, the Company reserves the right to terminate your alpha/beta test policies or reset your personal information.
13. LIMITATION OF LIABILITY
You expressly agree that the Service, the Software, the content, the Games and all other services are provided on an "as is" and "as available" basis and that your usage of the Service is at your sole risk. The Company as well as all other service provider customers expressly disclaim all warranties of any kind, either expressed or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violations of rights. The Company and all other service provider customers establish no warranty that the service will meet your requirements or that the service will be uninterrupted, timely, secure or error-free. The Company and all other service provider customers do not make any representation or warranty as to the results that may be obtained from the use of the service, that the results that may be obtained from such usage will be reliable or accurate or that the quality of any information, products, services or other material purchased or obtained by you through the service will meet your expectations. The Company makes no warranty that defects in its software will be corrected or that the website or server that makes it available will be free of viruses or other harmful components. You acknowledge and agree that any of the material and/or other data downloaded or otherwise obtained through the use of service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such material or data. No advice or information, whether oral or written, obtained by you from the Company or any other service provider customer or through the Service shall create any warranty not expressly stated in the terms of agreement.
Without limiting the foregoing, the Company does not ensure continuous, error-free, secure or virus-free operation of the service, the software or the games, and you understand that you shall not be entitled to refunds for fees based on the Company's failure to provide any of the foregoing. Some states do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
14. UNCENSORED INFORMATION
You understand that content and materials on the internet may be created and maintained by third parties (such as user message board/forums) and that portions of such materials may be sexually explicit, obscene, offensive, or illegal. In no event shall the company be liable to any person or entity, either directly or indirectly, with respect to any materials from third parties accessed through the service. You hold the total responsibility and risk from your usages of the services and internet generally. The Company disclaims any and all responsibility for content contained in any third party materials provided though hyperlinks or in any other forms.
15. INDEMNIFICATION
Upon the Company's request, you agree to defend, indemnify and hold harmless the Company, its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, its licensees, distributors, content providers, and other members of the service, from all damages, liabilities, losses, damages, judgments, claims, causes of action, claims, and expenses, including attorneys' fees and costs, which the company may hereafter incur, suffer, or be required to pay, defend, settle (subject to any limitations set forth in this agreement), or satisfy as a result or arising out of your use of the service or any breach of this agreement by you.
16. TERMINATION
The Company may terminate this Agreement (including your Software license and Account) immediately and without notice if you breached this Agreement or willfully infringe any third party intellectual property rights, or if it is unable to verify or authenticate any information you provide to us, or upon Game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Games described in the Rules of Conduct. If the Company terminates this Agreement under any circumstances, you will lose access to your Service without refund of any fees paid for the purchases of any Game Items or Cash. You agree that if the Service or your Game access is terminated or cancelled for any reasons or length of time, you are not entitled to any reimbursement or refund of any fees paid for the purchases of any Game Items or Cash.
17. GENERAL PROVISIONS
This Agreement shall be deemed to have been made and executed in the Republic of Korea without regard to conflicts of law provisions, and any dispute arising hereunder shall be resolved in accordance with the law of the Republic of Korea.
In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the Sites or Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section. You shall not use the Services in any manner contrary to the law of the Republic of Korea.
INFOVINE expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your account and Services immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and INFOVINE with respect to the Sites and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and INFOVINE with respect to the Sites or Services. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AGREEMENT AND AGREE THAT MY USE OF THE GAME AND THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT.
All users must agree to this in order to play the game.
Welcome to the world of CHECKMATE : Battle Arenas! Before you step into this CHECKMATE : Battle Arenas world, please take a moment to review this End User License Agreement (the "Agreement").
This Agreement is an agreement between you (referred to hereinafter as "you", "your," "member," or "user") and Infovine co.,Ltd. (referred to hereinafter as “we,” “our,” “us,” or “INFOVINE”). It is important that you understand both the benefits we provide, as well as our limitations.
1. TERMS OF AGREEMENT
(a) Terms of Agreement. The Company offers to allow you to play its online computer games (the "Games") conditioned on your agreement to all of the terms and conditions contained in this Agreement and your compliance with the posted Rules of Conduct. BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE GAME CHECKMATE : Battle Arenas, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OUR PRIVACY POLICY, AND RULES OF CONDUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE GAME. BY ENTERING INTO THIS AGREEMENT, YOU REPRESENT THAT YOU ARE AN ADULT AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE. YOU AGREE TO COMPLY WITH THIS AGREEMENT ON BEHALF OF YOURSELF AND, AT YOUR DISCRETION, ANY MINOR CHILDREN FOR WHOM YOU ARE THE PARENT OR LEGAL GUARDIAN AND WHOM YOU HAVE AUTHORIZED TO PLAY THE GAME USING YOUR ACCOUNT (AS DEFINED IN SECTION 4 OF THIS AGREEMENT). If you have any question regarding any of the mentioned terms and conditions or the Rules of Conduct, please feel free to contact the customer service section on our Official Facebook Fan Page at https://www.facebook.com/checkmate.pvp/.
(b) Amendments. The Company may amend or revise the Agreement or modify the Rules of Conduct at any time in its sole discretion on its website via: https://www.facebook.com/checkmate.pvp/
2. DESCRIPTION OF SERVICE
CHECKMATE : Battle Arenas is offered as a free online game service (the "Service") accessible via the internet through approved distributions by the Company, with sales of various game items for your additional interest. Secondly, it reserves the right to change the URL address of the Web Sites at any time as necessary. In order to use the Service, you need to download the Game, available on its Web Sites and approved distributions, for an installation of the necessary components (the "Software"). The Company shall not be responsible for any fees and charges incurred in any, if not all, of an establishment/usage/termination of your Internet Service. The Web Sites is an active part of the Service, and any use of the Web Sites shall be governed by the same terms and conditions of this Agreement and the Rules of Conduct.
3. LICENSE TO USE
Subject to the terms of this Agreement, the provided service should be for your personal use only, and a non-exclusive, revocable, non-transferable license to use the Software in connection with the Service. You may not sublicense, rent, lease, loan or otherwise transfer the Software or the Service. In addition, you may not modify, adapt, reverse engineer or otherwise attempt to derive source code from the Software; or otherwise use the Software or the Service except as expressly provided in this Agreement.
4. ACCOUNT
In order to use the Service and the Game, you will be required to establish an account (your "Account") within the Game. The Account is established once a character is created within the Game, and encompasses all characters created within.
(a) Eligibility. Individuals of all ages are eligible to establish an Account. THIS GAME IS NOT DIRECTED AT CHILDREN UNDER THE AGE OF 13. If you are less than 13 years of age and wish to use the Service, we recommend your parent(s) or guardian(s) review and acknowledge the Agreement by completing the installation with you. Those who have completed these steps and maintained their Account in good standing will sometimes be referred as "Members" in this Agreement. Members are liable for all activities conducted through this Account.
(b) Character Name. In order to use the Service, you must create a character and choose a name (the "Character Name") for your character to identify your character to others. This name can also be used to identify yourself to the staff of the Company. You may not select names of others as your Character Name or those which violate any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of the Company, or which the Company deems at its sole discretion to be vulgar or otherwise offensive. The Company reserves the right to delete, or alter any vulgar or otherwise offensive Character Name.
(c) Clan/Guild Names. While accessing the service, it is possible to name your Clan or Guild. You may not name Clan or Guild names/descriptions/titles of others or those which violate any third party’s trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of the Company, or which the Company deems at its sole discretion to be vulgar or otherwise offensive. The Company reserves the right to delete or alter any name given to a Clan or Guild, or terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or trade name right, copyright, or other proprietary right.
(d) Account Safety. You are responsible for maintaining the confidentiality of your Steam password and CHECKMATE : Battle Arenas game access credentials. Any harmful consequences resulting from your self-disclosure, allowing others to disclose your information, or a usage of your credentials by others in order to invade/user your Account and/or Characters contained within. At no time should you respond to an online request for a password. The Company NEVER asks for your password either offline or online. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR STEAM USERNAME AND PASSWORD WHILE PLAYING CHECKMATE : Battle Arenas, AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
(e) Former Members. Members whose Service and Game access has been terminated by the Company may not access the Service in any manner or for any reason, including through any other Account, without expressed written consent by the Company. Any Account accessed by former Members is subject to an immediate termination of Service and Game access.
(f) Related Accounts. If the Company terminates or denies Service and Game access for any Account, it may also terminate access for any other Account accordingly if those share any of the identical Member names, phone numbers, e-mail addresses, postal addresses, Internet Protocol addresses, or credit card numbers with a terminated Account.
5. RECHARGE FOR SERVICE
Current fees for using the Service are free. You are responsible for all fees associated with your Internet connection.
6. SELLING/PURCHASING OF GAME ITEMS AND "CASH" ("Virtual Currency")
(a) Purchase of Game Items and Cash. The Company may offer various game items to sell to you in the Games, on the Web Site, and through the Steam service, from time to time (the "Game Item"). In addition, the Company may offer Cash to you in the Games, on the Web Sites and through the Steam service, from time to time, which can be used to purchase the Game Items in the Games. If you select to purchase Game Items or Cash, you agree that you understand how Game Items and Cash are used in the Games and are fully responsible for all the consequences related to the use or transfer of such Game Item and Cash. In addition, you agree that any out-of-game or out-of-provided Web Sites selling and/or purchasing activities of Game Items and Cash are strictly prohibited. GAME ITEMS AND CASH YOU HAVE PURCHASED ARE NOT REFUNDABLE IN A WHOLE OR IN PART FOR ANY REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION TO, AN INTERRUPTION OR UNAVAILABILITY OF SERVICE. By an acceptance of the terms of the Agreement, you also agree that Game Items and Cash you have purchased are properties of the Company, and it reserves the right to alter the fees payable for new Game Items. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES, INCLUDING A SITUATION WHERE YOUR PAYMENT SOURCE IS BEING OR HAS BEEN USED WITHOUT YOUR INTENTION. IT SHOULD BE YOUR RESPONSIBILITY TO SECURE YOUR PAYMENT SOURCE FROM OUTSIDERS TO PREVENT ITS ABUSIVE OR UNINTENTIONAL USAGE.
(b) Security and Anti-Fraud. For security and anti-fraud purposes, the Company, upon its necessity, may require purchasers of Game Items and Cash to provide their personal information such as names, phone numbers, addresses, etc. Purchasers may also be required to write and sign a statement certifying that their purchases are real and valid. Failure of such activities, upon its necessity, may result in suspension of the purchaser's Service and Game access.
7. SHARING BILLING DATABASE WITH 3RD PARTY
The Company may share Billing DB information with 3rd parties to improve and protect its Service quality and data. User information in this case, will be protected exhaustively.
8. TRADING AMONG PLAYERS
Trading of Game Items between Members is not permitted. All the trading or transference activities including trading of Cash, Accounts, and all out-of-game transfers, shall be strictly prohibited. The Company shall not be responsible for any losses incurred by any permitted or prohibited trading activities, and ANY AND ALL PROHIBITED CONDUCTS MAY RESULT IN AN IMMEDIATE TERMINATION OF THE ACCOUNTS' SERVICE AND GAME ACCESS INVOLVED IN SUCH TRADING.
9. CONTENT AND MEMBER CONDUCT
(a) Content. You acknowledge that:
(i) By using the Software and the Service, you will have access to graphics, sound effects, music, animation-style video and text (collectively, "Content"), and
(ii) Content may be provided by licensed independent content providers, including text contributions from other Members (all such independent content providers shall hereinafter be referred to as "Content Providers"). The Company does not pre-screen Content as a matter of policy. In addition, it has the right, but is not obligated, to remove any Content at any time which it deems to be harmful, offensive, or otherwise violating this Agreement.
(b) Right in Content. You acknowledge that the Company and licensed Content Providers have rights in their respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with playing the Games.
(c) Member Content. Members can upload and create Content to our servers in various forms, such as in selections you make for the Games and in bulletin boards and similar user-to-user areas. Unless specified otherwise in your transmission, by submitting your Content to any area on the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to the Company of the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
(d) Member Conduct. While using the Service, Members may not engage in any conduct or communication which is unlawful or restricts or inhibits any other Members from using or enjoying the Service. Members agree to use the Services only for lawful purposes. It is the sole responsibility of the Member to maintain awareness of the Rules Of Conduct. Furthermore, the Company reserves the right to determine if a Member's conduct is harmful to the Game, Service, or other Members. You agree not to use the Service to:
(1) Use of illegal automated programs, Scripts, and Computers. The uses of any illegal automated program (Ex. 3rd party bot), systems, devices, computers or scripts on the Games are strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. Violators will be prosecuted to the full extent of applicable laws and may also be liable for any punitive damage. In its sole discretion and based on legitimate information, the Company reserves the right to terminate and permanently disqualify any Members who are determined as violators of these Terms of Service. All decisions from the Company shall be final.
(2) Harass, threaten or embarrass as well as cause distresses, unwanted attentions or discomforts to other Members in the Service shall be prohibited. The Company does not condone harassment in any form and may suspend or terminate Service and Game access of any Member who harasses others. In addition, any means of personal attacks such as those based on races, national origins, ethnicities, religions, genders, lifestyle choices, disabilities or other such affiliations, are strictly prohibited.
(3) Post or transmit of explicit sexual images, or/and pointing or/and referencing to such images are prohibited. The Company prohibits the transfer or post of sexually explicit images or other content deemed offensive.
(4) Transmit of any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content. If Members engage in vulgar or abusive language online, even if masked by symbols or other characters, or in other impermissible behavior, they may receive a warning, or be temporarily or permanently excluded from one or more Games, bulletin boards, chat areas, or the membership may be terminated immediately, and they may be subject to civil liability and/or prosecution by law enforcement authorities.
(5) Scroll or carry out any action with a similar disruptive effect. "Scrolling" is defined as repeatedly causing the screen to roll faster than what members are able to type onto it.
(6) Impersonate any person, including, but not limited to, the employees of the Company, monitors or hosts. Members shall not hold themselves out or portray themselves as the staffs or employees of the Company while engaging in all forms of online communication, including, but not limited to, member names, member profiles, voice, text or graphic chat, message postings or any form of communication on line. Impersonation of the staffs or employees of the Company shall result in immediate termination of Service and Game access.
(7) Engage in "disruptive behavior" in chat areas, game areas, bulletin boards, or any other area of the Services. Disruptive behavior shall be deemed to include, but will not be limited to, conduct which purposefully interferes with the normal flow of dialogue in a Service area. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
(8) Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary load on the Services and is considered a nuisance by many users. Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter.
(9) Post or transmit unsolicited advertising, promotional materials, or other forms of solicitation. The Company services are not to be used to send unsolicited advertising, promotional material, or other forms of solicitation to other members. Members may not use the Company services to collect or "harvest" member names without expressed permission of those users. The Company reserves the right to block and/or filter mass e-mail solicitations on or through the Service.
(10) Violate any operating rule, policy or guideline of any other online service. Members further agree to abide by the rules of Members' Internet service provider.
(11) Violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation.
(12) Modify any files that the Company does not specifically authorize members to modify. Use of material, which is subject to the rights of any person or entity without an expressed permission of such rights holder, is prohibited, and will result in the termination of the Members' membership and possible civil and/or criminal liability.
(13) Post too many bulletin boards at once and/or sending multiple unsolicited e-mails to a single address, sometimes referred to as "spamming," is prohibited. The Company reserves the right to determine what patterns of behavior are defined as "spamming," and it may take action for the spamming on the Member. You agree that the Company may take whatever steps it deems necessary to abridge or prevent behavior of any sort on the Service in its sole discretion, without making a notification for your reference.
(e) Cheating Programs. In order to ensure fairness, the Company shall not allow any use of cheating programs such as macros, bots, mouse emulators, etc. If you use these cheating programs, you may engage in severe consequences including, but not limited, to the followings:
(i) the Company may suspend your Service and Game access for an indefinite period time;
(ii) the Company may terminate your Service and Game access; and
(iii) the Company reserves the right to seek further legal remedies against you.
(f) Modification of the Client Program. All Members must use the client program provided by the Company. It periodically updates the client program as well, and all Members are required to use the latest version of the Games. Any modification of the client program is strictly prohibited, and any violation may result in termination of the Service and Game access.
(g) Exploitation of Program Bugs. All Members are prohibited from exploiting any programming bugs in the Game, on the Web Site, and/or within the system of the Company. Any violations may result in termination of Service and Game access.
10. OFFICIAL SERVICE
The Games are designed for official play only as offered through the Service by the Company at the Web Sites and Company approved distributions, and not through any other means. You agree to play the Games only as offered by the Company at the Web Sites and Company approved distributions, and not through any other means. You further agree not to create or provide any other means through which the Games may be played by others, as through server emulators. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Games, except that you may use the Software to the extent expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any of the Games policies, characters, items, coin or copyrighted material.
11. INTERRUPTION OF SERVICE
(a) The Company reserves the right to interrupt the Service, from time to time, on a regularly scheduled basis or otherwise, with or without prior notice, in order to operate maintenance. You agree that the Company is not liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever.
(b) You acknowledge that the Service may be interrupted for reasons beyond the control of the Company, and it may not guarantee that you will be able to access the Service or Game whenever you may wish to do so. The Company shall not be liable for any interruption of the Service, delay, or failure to perform resulting from any causes beyond its reasonable control.
(c) The Company shall not be obligated to refund all or any portion of any Game Item and Cash purchases by reason of any interruption of the Service and by reason of any of the circumstances described in paragraph (a) or (b) of this provision.
12. ALPHA/BETA POLICY
You may be selected to alpha or beta test the Games and site features. Your participation as a tester is subject to the following terms and conditions.
(a) Closed Alpha or Beta Tests: Closed alpha or beta tests are strictly confidential. The alpha or beta games, including information about features and functionality to be offered as part of the Games, are confidential. If you participate in a closed alpha or beta test, you will use your best efforts to safeguard and to prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta games. You will carry out the testing personally and not provide access to alpha or beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to the Company, and the Company is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the alpha or beta games, and their features, confidential will continue until the Company publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
(b) All Alpha or Beta Tests (Closed and Open)
(1) As a tester, you are invited to play alpha or beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, shall be construed as granting you any rights or privileges of any kind with respect to the games or content that you find here. The alpha or beta games are provided for testing on an "as is" "as available" basis and we make no warranty to you of any kind, express or implied.
(2) When playing an alpha or beta game, you may accumulate game items, experience points, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.
(3) By selecting a "PLAY" or “Game Start” button to start an alpha or beta game, you agree that:
(i) playing an alpha or beta game is at your own risk and that you know that the game may include known or unknown bugs,
(ii) any value or status indicators that you achieve through game play may be erased at any time,
(iii) the Company has no obligation to make this game available for play without charge for any period of time, nor to make them available at all,
(iv) this game may be available once the testing process is complete or at any time in the future;
(v) the Company`s Terms of Agreement apply to your use of the game during the testing phase, and
(vi) if it is a closed alpha or beta test, you will keep all information about the games confidential as stated above and not disclose such information to any other person.
(4) Alpha/beta test policies are non-transferable under any circumstances. And in its sole discretion, the Company reserves the right to terminate your alpha/beta test policies or reset your personal information.
13. LIMITATION OF LIABILITY
You expressly agree that the Service, the Software, the content, the Games and all other services are provided on an "as is" and "as available" basis and that your usage of the Service is at your sole risk. The Company as well as all other service provider customers expressly disclaim all warranties of any kind, either expressed or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violations of rights. The Company and all other service provider customers establish no warranty that the service will meet your requirements or that the service will be uninterrupted, timely, secure or error-free. The Company and all other service provider customers do not make any representation or warranty as to the results that may be obtained from the use of the service, that the results that may be obtained from such usage will be reliable or accurate or that the quality of any information, products, services or other material purchased or obtained by you through the service will meet your expectations. The Company makes no warranty that defects in its software will be corrected or that the website or server that makes it available will be free of viruses or other harmful components. You acknowledge and agree that any of the material and/or other data downloaded or otherwise obtained through the use of service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such material or data. No advice or information, whether oral or written, obtained by you from the Company or any other service provider customer or through the Service shall create any warranty not expressly stated in the terms of agreement.
Without limiting the foregoing, the Company does not ensure continuous, error-free, secure or virus-free operation of the service, the software or the games, and you understand that you shall not be entitled to refunds for fees based on the Company's failure to provide any of the foregoing. Some states do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
14. UNCENSORED INFORMATION
You understand that content and materials on the internet may be created and maintained by third parties (such as user message board/forums) and that portions of such materials may be sexually explicit, obscene, offensive, or illegal. In no event shall the company be liable to any person or entity, either directly or indirectly, with respect to any materials from third parties accessed through the service. You hold the total responsibility and risk from your usages of the services and internet generally. The Company disclaims any and all responsibility for content contained in any third party materials provided though hyperlinks or in any other forms.
15. INDEMNIFICATION
Upon the Company's request, you agree to defend, indemnify and hold harmless the Company, its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, its licensees, distributors, content providers, and other members of the service, from all damages, liabilities, losses, damages, judgments, claims, causes of action, claims, and expenses, including attorneys' fees and costs, which the company may hereafter incur, suffer, or be required to pay, defend, settle (subject to any limitations set forth in this agreement), or satisfy as a result or arising out of your use of the service or any breach of this agreement by you.
16. TERMINATION
The Company may terminate this Agreement (including your Software license and Account) immediately and without notice if you breached this Agreement or willfully infringe any third party intellectual property rights, or if it is unable to verify or authenticate any information you provide to us, or upon Game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Games described in the Rules of Conduct. If the Company terminates this Agreement under any circumstances, you will lose access to your Service without refund of any fees paid for the purchases of any Game Items or Cash. You agree that if the Service or your Game access is terminated or cancelled for any reasons or length of time, you are not entitled to any reimbursement or refund of any fees paid for the purchases of any Game Items or Cash.
17. GENERAL PROVISIONS
This Agreement shall be deemed to have been made and executed in the Republic of Korea without regard to conflicts of law provisions, and any dispute arising hereunder shall be resolved in accordance with the law of the Republic of Korea.
In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the Sites or Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section. You shall not use the Services in any manner contrary to the law of the Republic of Korea.
INFOVINE expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your account and Services immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and INFOVINE with respect to the Sites and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and INFOVINE with respect to the Sites or Services. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AGREEMENT AND AGREE THAT MY USE OF THE GAME AND THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT.