Terms of Service
(Last updated on 27th March. 2025)
If you are located outside of South Korea, these Terms of Service (“Agreement”) are a legal agreement between you and Netmarble Corporation and/or its affiliates (“Netmarble,” “we,” “us,” "use," or “Company”) regarding your play or use of or participation in the Netmarble Games.
Your use of the Netmarble Games and any accompanying applications, websites, communities, or other services (the “Services”) is subject to the Agreement and all applicable policies related to your use of the Games, including Netmarble's Community Policies (“Netmarble Policies”) and Netmarble's Privacy Policy, which are incorporated by reference into these Terms of Service.
Netmarble may (a) collect and use your content and information in accordance with its privacy policy and may require consent from a parent or legal guardian when used by children (age or the age specified by applicable law) in accordance with the laws of your country of residence. Please note that Netmarble restricts the provision of all or part of the game's functions to children without the consent of their parents or legal guardians. (b) Manage your activities related to community services in accordance with the community policy, aim to protect the rights of you and third parties, and pursue sound use of the community services provided by Netmarble.
Your acceptance of these Agreement constitutes your agreement to the Netmarble Policies.
ARBITRATION NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DESCRIBED IN SECTION 23, AND YOU AGREE TO ABIDE BY THEM TO RESOLVE ANY DISPUTE WITH US.
1. Parties
1.1. This Agreement creates a legal binding between you (“the User” or “you”) and Netmarble regarding the services.
1.2. Eligibility: Any individual, not a legal entity , has the right to create an account. By accessing, using, or submitting content or messages through the Services, you represent that you have the legal capacity to enter into this Agreement in your country of residence and agree to be bound by this Agreement.
If you are a person (including a minor) who lacks the capacity to act under the laws of your country of residence, your use of the Services may be restricted if you do not obtain consent from your legal guardian or parent.
1.3 Legal guardians or parents must pay sufficient attention and care to the use of the Services by persons with incapacity or minors under Sections 1.2. Legal guardians or parents acknowledge and agree that they are fully responsible for the results of the use of the Services resulting from negligence in management. The company may provide content rating information, child protection functions, etc. for the management of use of the Services.
2. About Accessing and Using Our Services
2.1. Limited License: Subject to your agreement and complete compliance with the Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use our Services for your own personal and non-commercial use. You agree not to use our Services for anything else.
2.2. Cancellation of Limited License, Change of Service: The Company reserves the right, in its sole and absolute discretion, to cancel the limited license granted to you. The Company may also, in its sole and absolute discretion, limit or terminate your access to or use of all or any part of the Services and maintain or delete your Account and any items related thereto (including but not limited to Virtual Currency or Virtual Goods (see Section 4)), without any liability to you. You understand and agree that you will not be entitled to any compensation for Virtual Currency, Virtual Goods, or anything else related to your Account or for any other reason, regardless of whether
Furthermore, we reserve the right to modify, discontinue, or otherwise change all or part of our Services at our sole discretion, with or without prior notice and without liability to you. Without limiting our general rights reserved above, we may modify our Services for reasons including, but not limited to:
(a) addressing technical issues;
(b) enhancing the user experience;
(c) complying with legal or regulatory requirements;
(d) testing purposes; or
(e) business decisions to change all or part of the Services.
2.3. System Outages: The Services, or any part thereof, may become unavailable due to scheduled or unscheduled maintenance, technical issues, or other unforeseen circumstances. You acknowledge and agree that we are not liable for any unavailability or interruption of the Services, nor for any loss of materials, data, or other information, failed transactions, or any other damages resulting from such system outages.
2.4. Third Party Fees: You are responsible for any Internet usage fees and Third-Party Service fees that may be incurred in connection with your use of the Games or Services. If you are unsure of what these fees may be, you should check with your Internet Service provider or Third-Party Service provider before using the Services. In addition, the Company is not responsible for any credit card or bank-related fees or commissions associated with your transactions in connection with your use of the Services.
2.5 Device: means a device (including, without limitation, a PC, mobile device, game console, etc.) that is capable of downloading, installing, and running an application (or applications, etc.) for use of the Services and that is capable of connecting to a wired or wireless data network. You are responsible for providing the Device at your own responsibility and expense in order to access the Services and maintain security measures, etc.
2.6. Distribution Platform: Includes a comprehensive distribution environment that provides an environment for downloading and installing applications for using Services on devices, and a payment environment for using virtual currency and virtual goods. The distribution platform may be operated by the Company or a third party, and the Company may add/remove distribution platforms at any time, and you agree to this.
2.7. Affiliate Services: Services that we provide through agreements with third parties (e.g., Facebook, Discord, etc.), such as creating an account with a third-party service and providing services on your device through integration with that service. Affiliate Services may be changed, suspended or discontinued without prior notice at the Company's discretion or at the decision of the third party service provider.
If you use our Services through an Affiliate Service, this Agreement applies. However, if you use an affiliated service that is not our service, the agreement of that affiliated service provider will apply.
3. Accounts
3.1 Netmarble Account: You can create and use a Netmarble account using your email account or an affiliate Service account approved by the company. However, the company may change the Netmarble account creation method as needed. Your Service usage history and related information (level, virtual goods, etc.) are safely stored in your Netmarble account.
If you use an Affiliate Services account to create an account and use the Services, your information may be provided to, collected and used by us in accordance with the privacy policy of the Affiliate Services' provider or with your consent. You should read the Affiliate Services provider's privacy policy or informational agreement to understand how your data will be handled and provided to us before creating an account.
3.2. Guest Account: If you use the Services without creating a Netmarble account, the Company may create an identifier similar to an account number to enable you to use the Services.
Please note that if you use the Services without creating a Netmarble account, your account information may be deleted if you (a) change the device, (b) initialize the device, or (c) delete the application, and you may not be able to receive customer support (such as linking, transferring, or restoring service account information)."
3.3. Account User Responsibilities: You may not use another person's account or allow another person to use your account. You will keep your login information confidential. You are solely responsible for all activities using your account, including any activities conducted using your login information, even if you did not authorize them. You acknowledge and agree to be fully responsible for all fees and purchases (including unauthorized purchases) made through your account, and you agree to fully compensate the company for any and all losses or damages that may arise from them. Netmarble is not responsible for any losses resulting from unauthorized access to or use of your account, or any losses incurred in any other way.
3.4. Termination of Inactive Accounts: The Company reserves the right to terminate your account without prior notice if you have not accessed your account for more than 180 days. In such case, you will no longer be able to access or use the Services using the terminated account. Any virtual currency and/or virtual goods associated with the terminated account will also be deleted, and no refund will be provided for the deleted virtual currency or virtual goods.
3.5. Effect of Account Termination: You understand that if you delete your Account or if the Company terminates or deletes your Account pursuant to the Agreement, you may lose access to all data previously associated with your Account (including but not limited to the levels or scores you have achieved in the Services and any virtual currency or virtual goods associated with your Account). However, the Company may retain your information even after the termination or deletion of your Account in accordance with the Privacy Policy and the laws of your country of residence.
3.6 When using Services using affiliate services, etc., you are responsible for managing your own account, etc., and you agree that the Company is not responsible for any damages arising from withdrawal/cancellation of an affiliate service account or from the affiliate service provider's fault.
4. Virtual Currencies and Virtual Goods
4.1. Services may include virtual currencies (collectively, ""Virtual Currencies"") established by us, such as coins, gold, and rubies, as well as virtual items or services (collectively, ""Virtual Goods"") that can be used within our services. If you are a legally recognized adult in your country of residence, you may purchase Virtual Currencies provided by us using real money or virtual currency. You may also purchase Virtual Goods using either real money or Virtual Currencies.
You agree to purchase Virtual Currencies or Virtual Goods only from us or from third-party stores authorized by us, and not from any unauthorized third parties.
We reserve the right to charge fees for access to or use of Virtual Currencies or Virtual Goods and to modify their perceived value or price at our discretion. Additionally, we reserve the right to distribute Virtual Currencies or Virtual Goods free of charge at our sole discretion.
4.2. You do not own Virtual Currencies or Virtual Goods; rather, they purchase a limited, exclusive, and revocable license to use Virtual Currencies or Virtual Goods solely within the Service. The balance of Virtual Currencies or Virtual Goods does not represent cash or stored value.
Users hold no other rights or ownership interests in Virtual Currencies or Virtual Goods. Users acknowledge and agree that Virtual Currencies or Virtual Goods cannot be exchanged for cash, goods, or services.
4.3. You agree that all sales of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. A license to use Virtual Goods or Virtual Money is granted immediately when your purchase is complete. The performance of our Services begins and completes promptly, and therefore your right of withdrawal is lost at this point.
4.4. We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods in our sole discretion and without any liability to you.
4.5. Unless expressly authorized by us, the transfer or attempted transfer of Virtual Currencies or Virtual Goods, whether within or outside the Service (including the real world), is prohibited. We do not recognize the validity of such transfers and may terminate your account.
4.6. We may offer various subscription plans for purchasing games, Virtual Currencies, or Virtual Goods through distribution platforms.
(a) Payments are processed in accordance with the payment policies of the distribution platform used by the user. Users may change their payment method.
(b) Information about the service or item to be purchased, the payment plan (including annual or monthly plans), the subscription period, the expiration date, and subscription cancellation will be provided to the user before payment.
(c) Information regarding subscription renewal will be provided to the user 24 hours before the subscription period ends, and the subscription will be automatically renewed unless the user explicitly cancels the renewal. Please note that the renewal fee will be automatically charged upon subscription renewal.
(d) You can cancel the automatic renewal through the account management features of the distribution platform you are using.
(e) Even if you cancel your subscription, you remain responsible and obligated for all purchases and pre-orders made during the subscription period.
4.7. We may operate a program that provides rewards for purchasing Virtual Currencies and Virtual Goods under certain conditions (collectively referred to as the "Reward Program", though specific names may vary depending on the Service). We reserve the right to establish, modify, or discontinue the rules regarding the provision and operation of the reward program, including but not limited to eligibility, accumulation, and deletion of points. These rules constitute a part of this Agreement. We may make the relevant rules available for users to review when using the reward program.
5. User Conduct and Content
5.1. You must comply with the laws that apply to you in the location from which you access our Services. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing, using and/or playing our Services.
5.2. You represent that all the information you provide to us while accessing and/or using our Services is and shall remain true, accurate and complete at all times.
5.3. Information, data, software, sound, photographs, graphics, videos, tags, or other materials (hereinafter referred to as ""Content"") may be transmitted, uploaded, communicated, sent, or otherwise made available by you or other users through the Service, including affiliated services. Such Content may also be redistributed through the Service or affiliated services by us or other users.
You understand and agree that any Content you post or transmit while using the Service, whether publicly or privately transmitted, is the sole responsibility of the person who transmitted the Content.
For the avoidance of doubt, you are solely responsible for any actions related to the Content you upload, communicate, transmit, or otherwise make available through the Service.
5.4. You agree not to upload, communicate, transmit or otherwise make available on or through our Services any Content that:
(a) is unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable, or could reasonably viewed as such;
(b) invades or could be viewed as invading the privacy of others;
(c) incites or could reasonably be viewed as likely to incite violence, discrimination or hatred;
(d) you do not have the legal right to provide (such as insider information, confidential data, or proprietary data belonging to others);
(e) infringes upon the intellectual property rights, privacy rights, or other legal rights of others
(f) constitutes unsolicited or unauthorized advertising, promotional materials, junk mails, spam, chain letters, pyramid schemes or any other forms of solicitation; or
(g) contains software viruses, malware, spyware, or any other harmful computer code, files or programs designed to interrupt, damage, or interfere with the Services or the functionality of any computer software, hardware or telecommunications equipment.
5.5. You agree that you will not:
(a) use our Services to harm anyone or to cause offence to or harass any person;
(b) use another person or entity's email address in order to sign up to use our Services;
(c) use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
(d) disguise, anonymize or hide your IP address or the source of any Content that you may upload;
(e) use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
(f) remove or amend any proprietary notices or other ownership information from our Services;
(g) interfere with or disrupt our Services or servers or networks that provide our Services;
(h) attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
(i) harvesting, scraping, or collecting any information or data from our Services, including, but not limited to, personal data or information about other users, by any means, including pixel tags, cookies, GIFs, spyware or passive collection mechanisms (PCMS),
(j) sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Money or Virtual Goods;
(k) disrupt the normal flow of a Service or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Services, or engaging in real time exchanges;
(l) disobey any requirements or regulations of networks connected to our Services;
(m) use our Services in violation of any applicable law or regulation;
(n) use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
(o) use our Services in any other way not permitted by the Agreement.
5.6. Since we do not control the content posted by third parties on the Service, we do not guarantee the accuracy, integrity, or quality of such content. You understand that while using the Service, you may be exposed to content that is offensive, obscene, or otherwise objectionable.Under no circumstances shall we be liable for any loss or damage of any kind arising from errors or omissions in the content, or from the use of content that has been posted, sent via email, or otherwise made available through the Service.
5.7. We have no obligation to monitor any content posted within the Service, except for content posted by us. However, if we determine, at our sole discretion, that certain content violates this Agreement or has a negative impact on us or the Service, we reserve the right to take appropriate actions, including removing such content from the Service.
5.8. Notwithstanding Section 5.7, we may detect and monitor fraudulent activities, hacking, and other unauthorized interference or actions related to your use of the Service through software. Anti-cheat software may be installed on your device along with the game and run in the background. We may collect relevant information necessary to investigate and enforce policies, including but not limited to details of unauthorized third-party programs or files (e.g., mods, hacks, add-ons, or cheats) that we do not permit, the time and date of illegal activities, and account and device information. If we determine that you have engaged in or violated policies related to fraudulent activities, we may temporarily or permanently restrict or terminate your access to the Service and your account.
5.9. You are solely responsible for your interactions with other users of our Services.
6. Community Policy
6.1. You may use the community services through an affiliated service account or a Netmarble account, in accordance with Netmarble's policies.
6.2. Communications through community services may be publicly accessible. Information posted on community services can be viewed and used by others, making it difficult to protect the privacy of the author and potentially leading to unwanted communications. By using community services, you understand and agree to these risks.
Netmarble strongly recommends that you do not share any personal information on community services."
6.3. Under no circumstances shall we be liable for any loss or damage arising from posts, materials, or other content (hereinafter referred to as "Posts") transmitted or posted by you or third parties on the Service. Furthermore, we have no obligation to monitor Posts made by you or third parties within the Service or on affiliated services.
6.4. Community services are shared spaces used by many users, and you must comply with the obligations outlined in Section 5 when using them. If you engage in any actions that violate these obligations, you agree that we may temporarily or permanently restrict your access to the community services or the entire Service, depending on the severity of the violation.
7. Termination
7.1. We have the right to suspend or terminate your service (including delete your account) at any time and for any reason, with or without prior notice, except for reasons prescribed by law, and to revoke your restrictive license granted in the contract. In such cases, Netmarble is not obligated to provide you with refunds, benefits, or other compensation for any interrupted elements of the service.
7.2. In connection with section 7.1, if you are deemed to have seriously violated this Agreement (including repeated minor violations), we may terminate and delete your account without warning. You can also cancel or suspend your account if we find it appropriate. For the purposes of this Agreement, any violation of section 5.4 or 5.5 shall be deemed to be a material Netmarble policy or breach of contract that may immediately terminate your account and disenfranchise access to the Services.
7.3 You agrees to indemnify the Company for all losses, damages, claims and expenses incurred to the Company as a result of the User's breach of the Agreement.
8. Notifications
We may send local or push notifications to your device to make you aware of game updates, promotional events, new game information and other relevant messages regarding the game service. You can manage push notifications from the 'options' or 'settings' page within the relevant Game.
9. Disclaimer
9.1. Denial of Warranty: Includes, but not limited to, content, information, or services that can be acquired or used through a website or distribution platform, and our services are 'as they are' and do not warrant any kind, whether explicit or implied, including non-infringement, accuracy and performance or transaction. You bear the full responsibility and risk for the use of the service.
To the maximum extent permitted by relevant laws, we, our affiliates and sponsors are not liable in any way for direct, indirect, incidental, consequential, special exemplary, punitive or other damages arising in connection with services, content or information contained in the service or website. I am not legally responsible for this either.
9.2 Although we attempt to ensure the integrity and accurateness of the Services, we make no guarantees whatsoever as to the correctness or accuracy of the Services, or that your use of the Services will be uninterrupted, error-free, or secure, or that errors or defects will be corrected, or that the Services, the server(s) on which the Services are hosted, are free of viruses or other harmful components. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
9.3 Statute of Limitations: Any claim or cause of action arising out of or related to this Agreement or your use of our Services must be filed within one (1) year from the date the claim or cause of action first arose. If not filed within this one-year period, the claim or cause of action will be permanently barred, regardless of any contrary statute or law.
9.4 User Disputes, etc.: Our company may arbitrate disputes between users regarding the use of the service at our discretion. We are not responsible for all transactions managed by the distribution platform payment service or third-party service, and we explicitly deny responsibility.
9.5. Limitation of Liability: Your only remedy for service dissatisfaction is to stop using the service. The sole and exclusive maximum liability for this Agreement, tort or all other damages, losses and causes of action is the total amount you have paid for 100 days from the date of the claim.
10. Intellectual property
10.1. All copyrights, trademarks and other intellectual property rights related to the service (except for the content you contribute and own) are owned or licensed by us.
10.2. Rights arising from trade names, trademarks, names, images, etc. provided through the service It belongs to our company and our affiliates. The rights of this company and its affiliates, including the relevant trade name, etc., are protected by the laws of the service area, international copyrights, and trademark laws.
You may not copy, distribute, or provide any portion of the service or service to the public, or produce any secondary work unless we have earlier agreed in writing. All rights not expressly granted herein shall be held by Netmarble.
10.3 You must not arbitrarily access or attempt to use, acquire, alter, or otherwise attempt to perform any other technical measures, such as use, acquisition, or alteration, without our written consent or authorization of any service or relevant information (including or without limitation to virtual currency or virtual goods).
10.4. Trademarks, trade names, trade dresses, logos, and service tables listed on the service or distribution platform and third-party services, including 'Netmarble.com', are registered or unregistered trademarks of Netmarble. All other trademarks, service tables and logos used in the service are trademarks, service tables or logos of their owners.
10.5. By posting, submitting, or making available your Content through the Services,
(a) you represent and warrant that you own or have the right, licenses and permissions to submit the Content and grant the rights set forth in this Agreement;
(b) For content related to in-service content (including, but not limited to, characters, items, images, etc.), we pay no price to us and any third party designated by us, permanently and in all media (present or future) we will be able to use, reproduce, distribute and edit/modify/host/post your content. However, in the case of commercial use (sales, lending, transfer, etc.) of the content, prior consent from the publisher can be obtained.
(c) you acknowledge that you may have rights known as “moral rights” in your Content (such as the right to attribution and the right to object to derogatory treatment), and you agree to waive any such moral rights in your Content and grant us to freely edit and use your Content without your name or pseudonym; and
(d) you acknowledge and agree that we no obligation to monitor, enforce or protect any rights in the Content you submit, but you grant us the right, at out sole discretion, to take legal action to protect or enforce out rights in your Content, including without limitation, pursuing claims on your behalf at our expense.
10.6. You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other User of our Services.
10.7. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement. If you believe in good faith that materials hosted by us infringe your intellectual property rights, then please contact us by accessing the Customer Center in our Services and provide the following information:
(a) a description of the intellectual property rights in reasonably sufficient details and an explanation as to how they have been infringed;
(b) a description of the infringing material and where the infringing material is located;
(c) your address, phone number and email address at which we can contact you;
(d) a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and
(ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(e) a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
The notice of your claim may also be submitted in writing to our designated agent as follows:
DMCA Agent
Netmarble Corp.
Netmarble Tower., 38, Digital-ro 26-gil, Guro-gu, Seoul, Korea
Email: netmarbles@igsinc.co.kr
11. Privacy
11.1. We collect, process, use and share your personal information in accordance with our Privacy Policy, which is incorporated herein and constitutes part of the Agreement.
11.2. By using our Services, you give your consent to us collecting, processing, using and sharing your personal data in the manner set forth in our Privacy Policy. If you do not agree to our Privacy Policy you should not access and/or use our Services, including any Services available through third party platforms.
11.3. You acknowledge that our Services may not be private or secure, and we do not guarantee that they are so. You are responsible for taking all necessary and appropriate precautions and security measures when accessing or using of the Services.
12. Links
We may provide links to third party websites or services within our Services solely as a convenience to you. You understand that we do not control any contents, goods or services by such third party. We do not make any representations or warranties whatsoever about any other website that you may access through our Services, and we do not endorse the same. Access and use of the linked site or services is solely at your own risk and responsibility, and you acknowledge and agree that we are not responsible or liable to you, directly or indirectly, for any losses or harm caused by your use of the linked website or services, and any contents, information, advertisement, or other links therein.
Your correspondence or dealings with the linked website or service providers are solely between you and such third party, and Netmarble is neither responsible nor liable for any part of such dealings. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties, you are providing it in accordance with their privacy policy (if any), and our Privacy Policy does not apply with respect to such data provided to the third parties.
13. Advertisements
We, may provide Users with advertisements about our Services and/or other products or services, including those of a third party, that you may be interested in. Please see our Privacy Policy for details.
14. Assignment
You may not assign, transfer, or delegate any of your rights, licenses, or obligations under this Agreement without our prior written consent. Any attempted assignment or transfer in violation of this provision shall be null and void. We may assign, transfer, or delegate any or all of our rights and obligations under this Agreement at any time without your consent or notice to you.
15. Non-excluded liabilities
Notwithstanding section 9, no provisions of this Agreement limit our liability for fraud, intentional injury or breach of law or any other liability that cannot be ruled out by law.
16. Indemnity
You agree to indemnify, defend and discharge Netmarble, its officers, directors, affiliates, parent companies, subsidiaries, partners, staff, advisory committee members and representatives and representatives from any liability you breach this Agreement or from your access and use of the Services.
17. Entire agreement
The Agreement set out the entire agreement between you and us relating to the subject matter herein, and they supersede and replace any and all earlier agreements and understandings between you and us. A person who is not a party to the Agreement has no right to rely upon or enforce any part of the Agreement.
18. Amendment
You may review this Agreement at any time through the links in the Services, and you may also view the links to our Privacy Policy here. We have the right to change this Agreement, and we may update it from time to time without notifying you. You agree to review this Agreement from time to time when accessing or using the Services. You are considered to have accepted such changes by continuing to use the service. Unless otherwise noted, such changes will take effect automatically after 30 days of initial renewal. If you do not wish to apply the renewed contract, the only remedy is to stop using the service.
19. Severability
If any part of the Agreement is held to be unlawful, void or unenforceable under any applicable local laws or by an applicable court, that provision shall be severed, and the remainder of the Agreement shall remain valid and enforceable.
20. Waivers of Our Rights
Our failure or delay to exercise or enforce any of our rights under the Agreement does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
21. Governing Law and Jurisdiction
21.1. If you are a resident of the United States, all matters relating to the Services and this Agreement, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law principles. Any dispute or claim not subject to the arbitration agreement in Section 23, and which cannot be brough in small claims court in your county of residence, shall be irrevocably submitted to the exclusive jurisdiction and venue of the state or federal courts located in Los Angeles County, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
21.2. If you are a resident of a country other than the United States, all matters relating to the Services and this Agreement, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the Republic of Korea, without giving effect to any choice or conflict of law principles. Any dispute or claim arising out of, or related to, this Agreement or the Services shall be subject to the exclusive jurisdiction of the Seoul Central District Court in the Republic of Korea. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
22. Dispute Resolution
If you have any claim arising out of the Agreement against us, we strongly encourage you to contact our customer support team to seek a resolution. If both parties fail to reach a settlement within 30 calendar days after the first contact occurs, either party may refer such a dispute to the Korean Commercial Arbitration Board in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board. The arbitration is to be conducted before a single arbitrator whom the parties jointly select. If the parties are unable to agree upon the arbitrator, either party may request the Korean Arbitration Association to select the arbitrator.
23. Dispute Resolution and Binding Arbitration for U.S. Residents.
Notwithstanding the foregoing section 22, if you are a resident of the USA, you and Netmarble agree to resolve disputes and claims through binding arbitration pursuant to this Section.
23.1. All disputes arising out of or in connection with this agreement or the relationship between you and us must be resolved through binding individual arbitration, so please read the following paragraph carefully. Any dispute, claim, or controversy (hereinafter referred to as "All Disputes") arising out of or in connection with this agreement or the relationship between you and us shall be decided solely by binding arbitration. However, All Disputes do not include claims regarding the infringement, protection, or validity of intellectual property rights, or claims brought in small claims court.
23.2. Both parties may elect to have the All Disputes finally and exclusively resolved by binding arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute(hereinafter referred to as “Notice”). The Notice to Netmarble should be addressed to: Netmarble Corporation, Netmarble Tower., 38, Digital-ro 26-gil, Guro-gu, Seoul, Korea, ATTENTION: Legal Department. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) specify the remedies sought by the claimant. If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding.
23.3. A party’s choice to arbitrate by one party shall be final and binding on the other. The Federal Arbitration Act shall apply to the interpretation and enforcement of this Section 23 notwithstanding any other choice of law provision contained in this Agreement. The arbitration shall be administered by the American Arbitration Association (Hereinafter the “AAA”) under its Consumer Arbitration Rules (Hereinafter the “AAA Rules”) then in effect. The AAA Rules are available at www.adr.org/consumer. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. Arbitration of any claim not exceeding $25,000 will be conducted solely on the basis of documents you and we submit to the arbitrator. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. Either party may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
23.4. YOU AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate your claims with the claims of others, nor preside over any class, representative, or consolidated proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
23.5. Unless you and Netmarble agree otherwise, arbitration will take place in the county where you reside.
23.6. If the arbitrator rules in your favor on the merits of any claim you brought against us and grants you a monetary award greater than our last written settlement offer made before the All Disputes was submitted to arbitration, then we will reimburse the arbitration fees you paid to the AAA.
23.7. While we may, at our discretion, revise this Agreement, any changes to the Agreement or rules in Section 23 shall not apply to any All Dispute that arose before the effective date of such changes. We will provide at least 30 days' notice before any modifications to the arbitration terms take effect.
24. Survival
The provisions of Sections 2.2, 2.3, 2.4, 3, 4, 5.3, 7, 9, 10, 16, 17, 18, 19, 20, 21, 23 and all representations by you hereunder, will survive any termination of the Agreement.
25. Questions about the Agreement
If you have any questions about the Agreement or our Services, you may contact us via customer center provided within the Services, or at:netmarbles@igsinc.co.kr