If you reside outside of the Republic of Korea, these Terms of Service (hereinafter "Agreement") govern your access and use of products, content and services (collectively, “Services”) of Netmarble Corporation and its affiliates (collectively, "Netmarble" "we," “our” or "us"), including our games ("Games"), our websites, online communities and social media sites for our Games (collectively, “Websites”), and our game software, Every Netmarble App and other applications downloadable from our Websites or our partner stores (collectively, “Application”).
ARBITRATION NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DESCRIBED IN SECTIONS 18.1 and 19, AND YOU AGREE TO ABIDE BY THEM TO RESOLVE ANY DISPUTE WITH US.
Please read this Agreement carefully. It is a legal document that explains your rights and obligations relating to your use of our Services. By downloading, playing or using our Services, or otherwise indicating your acceptance of this Agreement, you accept and agree to be bound and abide by the terms of this Agreement as well as our Privacy Policy and other rules, community standards, and policies of Netmarble (collectively, the “Netmarble Policy”), incorporated herein by reference. If you do not agree to the terms of this Agreement, please do not use our Services.
1. User Eligibility
1.1. Eligibility of User: Unless stated otherwise for a particular Service, natural persons who are at least 13 years of age, or other applicable minimum age not requiring parental consent for the processing of personal data in your country (“Minimum Age”), may use our Services.
1.2. Child User and Parents: If you are under 18 years of age (or the age of majority where you live), you and your parent must review this Agreement together. Parents are jointly and severally liable for all acts of their children under 18 years of age when using our Services.
For Services that permit participation by children under 13 or other Minimum Age (“Child”), the parent of a Child user must provide verified consent. Unless and until we receive the parent’s verified consent, the Child user will not be able to use the Service or may be allowed to use with limited functionality without submitting personal information. The term “parent” as used herein includes a legal guardian.
We recommend that parents familiarize themselves with parental controls available on devices they provide to their children. Parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to materials that are harmful to minors.
1.3. User Representation: By accessing or using our Services, you represent and agree that you are fully able and competent to enter into this Agreement and comply with it. You agree to comply with the 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 use our Services using your account or device. You further agree that you are entirely liable for all activities conducted through your account or device, and are responsible for ensuring that you (and your children) are aware of, understand, and comply with the Agreement and all other related policies, notices and/or agreements, including but not limited to the Netmarble Policy.
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: (a) access and use our Services for your own personal and non-commercial use; and (b) install and use our Application for your personal, non-commercial use on your authorized device (such as smartphone, tablets, personal computer, or game console). You shall not distribute or make a copy of our Application available to others whether on a network or through any other medium. You agree not to use our Services for any other purpose.
Except as expressly provided in this Agreement, our Services, including but not limited to, the paid sections of our Services and our Applications, are licensed, not sold, to you. You do not own or have any property interest in our Services, including any content and materials or virtual items that you may “earn” or “purchase.”
2.2. Termination, Change of Services: You acknowledge and agree that we have the right to terminate the limited license granted to you herein in our sole and absolute discretion and without any liability to you. We may, in our sole and absolute discretion, limit or terminate your access to or use of our Services and terminate, delete or take other actions on your account and any items associated therewith, including but not limited to any Virtual Money or Virtual Goods (described hereafter in Section 4), without any liability to you.
In addition, we reserve the right to change all or part of our Services without any liability to you, at any time without any prior notice to you. Without limiting the generality of our rights reserved in the foregoing, we may modify our Services: (a) for technical reasons; (b) to allow us to improve user experience; (c) where we have legal reasons for doing so; (d) because it no longer makes business sense for us to provide the relevant Service; or (e) because we have altered the Services we provide.
YOU UNDERSTAND AND AGREE THAT YOU WILL NOT BE COMPENSATED UNDER ANY CIRCUMSTANCES FOR ANY UNUSED VIRTUAL MONEY, VIRTUAL GOODS, OR ANYTHING ELSE ASSOCIATED WITH YOUR ACCOUNT WHEN YOUR ACCESS TO THEM ARE TERMINATED, WHETHER VOLUNTARY OR INVOLUNTARY, AND REGARDLESS OF WHETHER TERMINATION RESULTS FROM YOUR VIOLATION OR CHANGE OF OUR SERVICES.
2.3. Updates and Patches. We may from time to time in our sole discretion develop and provide updates for our Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, "Updates"). Updates may modify or delete in their entirety certain features and functionality, and Updates may also affect your game progress, customization, characters, virtual game items or other data related to your use of Game. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Based on your device settings, your Application may automatically download and install all available Updates on your device. You consent to such automatic installation of any available updates, or otherwise, you agree to promptly download and install all Updates. Should you fail to do so, our Services and portions thereof may not properly operate. All Updates will be deemed part of our Services and be subject to all terms and conditions of this Agreement.
2.4. System Outage: There may also be times when our Services or parts thereof are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. You agree that Netmarble has no responsibility and is not liable for unavailability of the Services or any part thereof, any loss of materials, data, information, or transactions caused by such system outages, or other losses whatsoever resulting from such system outage.
2.5. Game Rules: The specific game rules, scoring rules, controls and guidelines for each Game Service can be found within that Game Website or Service itself. Such rules, scoring rules, controls and guidelines form part of the Agreement and you agree that you shall comply with them in respect of each individual Service which you choose to access and/or play.
2.6. Third Party Charges: You are responsible for the internet connection and/or mobile charges that you may incur while playing the Games or using the Services. If you are unsure what these charges will be, you should ask your internet or mobile service provider before using our Services. In addition, we are not responsible or liable to you for any credit card or bank-related charges and other third-party fees relating to your transactions or use of the Services.
2.7. Equipment/ Internet: You are also responsible for obtaining and maintaining, at your own expense, a device (such as a computer or mobile phone), hardware, equipment, operating system, data connection or services necessary to access and use our Services.
2.8. Anti-Cheat Measures and Monitoring. When you play our Games, we may monitor the gameplay through anti-cheat software to detect and prevent cheating, hacking and other unauthorized interference or behaviors. This anti-cheat software may be installed together with a Game on your device and may run in the background. We may collect relevant information needed to investigate and enforce our policies, including but not limited to, the details of any unauthorized third-party program or file (such as “mod”, “hack”, “add-on” or “cheat”), the time and date of unlawful activities, and your account and device information. If we determine that you engage in cheating or otherwise violate this Agreement, we may terminate your access to our Services and your account.
3. Accounts
3.1. Netmarble Account: You may to create an account with us (“Netmarble Account”), which is required to use certain features of our Services. Among other things, a Netmarble Account is necessary to save your gameplay and other transaction information (game level, virtual game items purchased or obtained, etc.) with us and receive online customer support. You can create a Netmarble Account by providing your valid e-mail address and requested information or a third-party service account (“3rd-party Account”) such as Apple ID, Google, Facebook, Twitter, Steam or Epic store account.
If you use the login method based on 3rd-party Account, your Netmarble Account will be created using the information that your 3rd-party Account provider shares with us, which may include but not limited to, your name, username, photograph, friends, contacts, and following/followed lists (collectively, “3rd-party Account Data”). Your 3rd-party Account Data will be used, stored and shared in accordance with our Privacy Policy. Please note that some of your 3rd-party Account Data may be made visible to other users in our Service (for example, information from your 3rd-party Account Data may be used in your public user profile). You should ensure that you read your 3rd-party Account provider’s terms and privacy policy to understand how they treat your data and what data they may share with us.
If your Netmarble Account is set up with your 3rd-party Account, your 3rd-party Account login (i.e., your 3rd-party Account ID and password) will be used to sign into your Netmarble Account. Thus, if you lose or close your 3rd-party Account, we will not able to authenticate you, and you may lose your access to your Netmarble Account, including all game progress, virtual items, and other game information saved with such Netmarble Account.
3.2. User Responsibility: You are responsible for keeping your login details confidential. You are solely and fully responsible for all uses of your account, including but not limited to, any and all activities that are conducted through your account, whether or not authorized by you. You may not use anyone else's account or permit others to use your account at any time. You acknowledge and agree to accept full responsibility for all fees and purchases made through your account or device (including any unauthorized purchases), and agree to fully compensate us for any loss or harm resulting from an unauthorized use of your account or device, whether fraudulent or otherwise.
3.3. Termination of Inactive Account: We reserve the right to terminate your account without any notice if your account has not been accessed for more than 12 months. After termination of your account, you will no longer be able to access and/or use our Services using the terminated account.
3.4. Effect of Account Termination: You understand that if you delete your account, or if we terminate and/or delete your account in accordance with this Agreement, you may lose access to any data previously saved or associated with your account, including, without limitation, your game progress, scores, achievements, benefits, privileges, virtual items, and User Content (described hereafter in Section 5). Any Virtual Money and/or Virtual Goods associated with the terminated account are also deleted, and no refund will be issued for any unused Virtual Money or Virtual Goods.
4. Virtual Items and Subscription Purchases
4.1. Virtual Items: Our Services may include: (a) fictional currencies such as coins, golds, gems, and points ("Virtual Money") and (b) virtual items, contents or features for use in our Services (“Virtual Goods”). Virtual Goods include but are not limited to, game characters, skins, weapons, armor, equipment, cards, consumables, enhanced or additional functionalities, and other content that you may purchase or obtain while playing our Games.
You may buy Virtual Money or Virtual Goods from us or our authorized partner stores if you are a legal adult in your country of residence. You agree that you will not purchase or acquire Virtual Money and/or Virtual Goods from a third party other than our authorized partner stores. We reserve the right to charge fees for the right to access or use Virtual Money or Virtual Goods, and we may revise at our sole discretion the perceived value or pricing for such Virtual Money or Virtual Goods. We may also distribute Virtual Money or Virtual Goods without charge, in our sole discretion.
When you purchase or otherwise obtain Virtual Goods or Virtual Money, you do not own them but instead you are granted a limited, non-exclusive, non-transferable, non-sublicensable, personal, revocable license to use them exclusively within the Services as provided in Section 2.1 of this Agreement. You have no other rights, title or ownership with respect to Virtual Money or Virtual Goods. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL MONEY OR VIRTUAL GOODS HAVE NO CASH OR REAL VALUE AND CAN NEVER BE SOLD, TRADED, TRANSFERRED, OR EXCHANGED FOR REAL MONEY, GOODS OR SERVICES FROM US OR ANYONE ELSE.
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.
4.2. Subscription Purchases: We may offer various subscription plans which allow you to conveniently make recurring purchases of our products or services, including Virtual Money and/or Virtual Goods.
Subscription purchases are billed and managed through our partner stores. Your subscription purchase will be also subject to the sales terms and payment policy of the applicable partner store used.
You can cancel your subscription or update your payment method by accessing your store account with the applicable partner store and choosing the subscription that you want to manage. You acknowledge that recurring subscription fee will be automatically charged and processed on each renewal date until you cancel your subscription by accessing your store account. Please note that simply deleting or uninstalling our Game Application from your device will not cancel your subscription.
Details on your subscription purchase, including description of service or items being purchased, subscription and renewal period, payment terms, and how to cancel your subscription, will be provided before the completion of your subscription order.
4.3. You agree that all sales, including sales of Virtual Money, Virtual Goods and recurring subscription-based sales, are final and non-refundable. You are not entitled to a refund for any unused Virtual Money or Virtual Goods or for unexpired subscription period. A license to use Virtual Goods, Virtual Money and subscribed item or service 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 prohibit and do not recognize any purported transfers of Virtual Money or Virtual Goods effectuated outside of our Services, or the purported sale, gift or trade in the “real world” of anything that appears or originates in our Services, unless expressly authorized by us. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.
5. User Content
5.1 Our Services contain forums, chat, messengers, and other social and interactive features that allow users to post, send, or otherwise make available to others users’ content and materials (“User Content”). User Content may include users’ account profiles, forum posts, chats, messages, emails, and any other information, texts, data, sound, photographs, graphics, video, tags, or other materials that users may upload, send or otherwise make available on or through our Services. Such User Content may be visible to others and may be redistributed by us or others through the Services or through third party platforms. You understand and agree that you, not us, are entirely responsible for all User Content that you may post or transmit via our Services, whether publicly posted or privately sent.
5.2. By uploading, transmitting, or otherwise making available your User Content via our Services, you: (a) are representing that you are fully entitled to do so; (b) grant us and our licensors, licensees and designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, edit, adapt, modify, host, store, publish, create derivative works of, publicly perform, display, market, advertise and sell your User Content and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you; (c) grant other users the right to use, copy, modify, publicly perform, display, create derivative works from, and otherwise communicate and distribute your User Content on or through our Services without notice, attribution or compensation to you; (d) agree to waive any “moral rights” you may have in your User Content and grant us the right to freely edit your User Content and to use your User Content without your name or pseudonym; and (e) agree that we have no obligation to monitor or protect your rights in any User Content that you may submit to us, but you do give us the right to enforce your rights in that User Content if we want to, including but not limited to taking legal action (at our cost).
5.3. You understand that when using our Services, you may be exposed to User Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any losses or harm of any kind resulting from your use of any User Content.
5.4. We have the right to remove User Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of the Agreement, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not have any obligation to monitor User Content and we make no undertaking to do so.
6. User Conduct
6.1. You must comply with all applicable laws and regulations when you access or use our Services. You also acknowledge and agree that our Service may not be used by any person in any jurisdiction where the use thereof would violate applicable laws and regulations, and such use of our Service is prohibited. If your use of our Services (or any part thereof) may violate any laws applicable to you, you must stop using our Services or refrain from using our Services in any manner that would violate such laws.
6.2. You represent that all the information you provide to us is and shall remain true, accurate and complete at all times.
6.3. You agree not to upload, communicate, transmit, introduce or otherwise make available on or through our Services any information, data, program, code, materials or content, including User Content, (a) that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable or inappropriate; (b) that is or could reasonably be viewed as invasive of another's privacy; (c) that is likely to, or could reasonably be viewed as likely to incite violence or hatred; (d) which you do not have a right to make available lawfully; (e) which infringes any intellectual property rights or other proprietary rights of others; (f) which consists of any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; (g) which contains software viruses, Trojan horses, worms, logic bombs, spywares, or any other computer code, files, programs or material that is harmful.
6.4. You agree that you will not:
harm, threaten, bully, or harass anyone or otherwise do anything unwanted, offensive or inappropriate to any person, including Netmarble employees and other users;
create multiple accounts for the same Game, share your account with others, or use another person’s email address or information to sign up for our Services;
use our Services for fraudulent or abusive purposes;
impersonate or attempt to impersonate Netmarble, our employee, other users, or any other person or entity, or misrepresent your affiliation with such person or entity;
disguise, anonymize or hide your IP address or the source of any content that you may upload or transmit;
use our Services for any commercial or business purpose;
remove or amend any trademark, copyright or other proprietary notices or other ownership information from our Services;
attempt to gain unauthorized access to, disable, overburden, damage, impair, interfere with or disrupt any part of our Services or the servers or networks that provide our Services (including, without limitation, attacking via a denial-of-service attack or a distributed denial-of-service attack);
attempt to decompile, reverse engineer, disassemble or hack any part of our Services;
attempt to defeat or overcome any of our encryption technologies or security measures;
harvest, scrape or collect any information or data from our Services, including, but not limited to any personal data or information about other users;
buy, trade, sell, transfer or try to sell or transfer your account or any part thereof, including, without limitation, any Virtual Money or Virtual Goods;
interfere with anyone’s use or enjoyment of our Services, disrupt the normal flow of our Services (including gameplay or user communications), or act in any manner that would interrupt fair and respectful gaming environment;
violate the terms and conditions of our partner stores, social media networks or other service providers utilized in providing our Services;
use our Services in violation of any applicable law or regulation;
use our Services to violate the legal rights of others, including, without limitation, their intellectual property rights and privacy;
engage or assist in cheating (for example, by using automated means or unauthorized third-party software to play), or to do anything else not within the spirit of fair play;
use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material in our Services;
use or distribute any unauthorized version of our Application or content of our Services, including, without limitation, counterfeit Virtual Money and Virtual Goods;
monitor or copy any of the material in our Services, or for any other purpose not expressly authorized in this Agreement; or
use our Services in any other way not permitted by the Agreement.
7. Playing Our Games and Communicating with Other Users.
Some of our Games can be played with other users and may also provide social features, such as chats, messengers, community board and community sites. Our Services may also allow you to connect your social media account and interact with your friends and other social media users. When you use such social features of our Services, you agree to comply with all our rules and policies governing your interaction with other users and using social and community features of our Services, as adopted and amended from time to time.
You acknowledge and agree that your communications with other users via the social features of our Services are public and not private communications, and that you have no expectation of privacy concerning your use of such Services. You acknowledge that any personal information that you communicate via the social features of our Services may be seen and used by others and may result in unsolicited communications. You should be careful not to disclose any personal information about yourself when using such social/communication features of our Services.
You are solely responsible for your interactions with other users.
8. Termination
8.1. This Agreement is effective unless and until terminated by either you or Netmarble. You may terminate this Agreement by uninstalling Applications from all your device(s) and closing your account with us.
8.2. We reserve the right to terminate this Agreement and your access to your Services (including suspension or termination), with or without prior notice to you, at any time for any reason or for no reason. Without limiting the generality of the foregoing, we may terminate any part of our Services at any time with or without notice if we cease to support such Service, which we may do so in our sole discretion. In addition, if you violate any of the terms or conditions of the Agreement (including by repeated minor breaches), we may terminate and delete your account without warning. For the purposes herein, breach of any provisions in Section 6 shall be deemed to constitute material breaches of the Agreement subject to immediate termination of your account and access to our Services.
8.3. Upon termination, all rights granted to you under this Agreement will also terminate. You acknowledge and agree that upon termination of this Agreement, you are not entitled to refunds, benefits or other compensation whatsoever, whether for any unused Virtual Money or Virtual Goods or otherwise.
8.4. You agree to compensate us for all losses, harm, claims and expenses that may arise from any of your breaches of the Agreement.
9. Notifications
We may send local or push notifications to your device to inform you about game updates, promotional events, new game information and other messages regarding our Services. You can manage notification setting from the "options" or "settings" page in the Game Application.
10. Disclaimer of Warranties and Limitation of Liability
10.1. Disclaimer of Warranties: THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT, INFORMATION OR SERVICES WE MAKE AVAILABLE THROUGH OUR WEBSITES, APPLICATIONS, OR ANY THIRD-PARTY PLATFORM, ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR LICENSORS AND SERVICE PROVIDERS (COLLECTIVELY “NETMARBLE PARTIES”), EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES.
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.
10.2. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NETMARBLE PARTIES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES, EVEN IF AN NETMARBLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. IN ANY EVENT, OUR MAXIMUM LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT BE MORE THAN THE TOTAL AMOUNT PAID BY YOU IN THE 100 DAY PERIOD ENDING ON THE DATE OF YOUR CLAIM.
The disclaimer of liability set forth herein applies to any damages or injury, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, including but not limited to damages or injuries 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.
10.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
11. Intellectual property
11.1. You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than User Content which is contributed and owned by users) is owned by or licensed to us.
11.2. The Services, including all content, features, and functionality thereof, are the property of Netmarble, and they are protected by federal and international copyright, patent, trademark and other intellectual property laws. Except as expressly provided in this Agreement, you must not copy, distribute, make available to the public or create any derivative work from any materials from our Services. All rights not expressly granted by the Agreement are reserved by Netmarble. Any use of our Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
11.3. In particular, and without limiting the application of foregoing Section 11.2, you must not make available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise.
12. Copyright Policy
12.1. Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe in good faith that your work has been used on or in any part of our Services in a way that constitutes copyright infringement, then please submit a written notification (the “DMCA Notice”) pursuant to the Digital Millennium Copyright Act (17 U.S.C § 512) (“DMCA”) to our designated DMCA Agent (listed below). The DMCA Notice must include substantially the following information:
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material (where possible, please include the URL of the webpage where the infringing material is located).
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the DMCA Notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
The DMCA Notice shall be submitted in writing to our designated DMCA Agent as follows:
By Mail: Netmarble Corp., DMCA Agent, Netmarble Tower., 38, Digital-ro 26-gil, Guro-gu, Seoul, Korea
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
12.2. Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
13. Privacy
13.1. Your use of our Services is subject to our Privacy Policy, incorporated herein and constitutes part of the Agreement.
13.2. By using our Services, you consent to our 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 or use our Services, including any Services available through third party platforms.
13.3. You acknowledge that the Services may not be private or secure, and we make no guarantees whatsoever. You are responsible for taking necessary and appropriate precautions and security measures best suited for your use of the Services.
14. Third Parties
14.1. Third-Party Stores: Our Games and Services are available for download and purchase from third-party partner stores, game console or platform providers authorized by us, including Google Play, Apple App Store, Epic Store, and Steam (each authorized third-party store or platform is referred to as a “Third-Party Store”).
Purchases of our Game or Services are managed through such Third-Party Store’s billing systems, and you may be required to set up an account with them before you can make purchases. Your transactions with a Third-Party Store are subject to such Third-Party Store’s terms and conditions and other policies, including payment policy and privacy policy (collectively, “Third-Party Terms”). You must comply with all applicable Third-Party Terms when using a Third-Party Store to download or use any of our Games and Services.
14.2. Social Media: Our Websites include Game community sites hosted on third-party social media platforms (such as Facebook, YouTube, Twitter and others). Our Services may also allow you to connect your social media account and interaction from our Services. When using such third-party social media sites or features, you must comply with the Third-Party Terms of the applicable social media platforms.
14.3. Third-Party Materials, Links:
We may display, include, or make available third-party content or provide links to third-party websites or services, including third-party advertising. Such third-party materials (“Third-Party Materials”) and links thereto are provided solely as a convenience to you. You acknowledge and agree that we do not control the contents, goods or services of such third parties. We do not make any representations or warranties whatsoever about any third-party website or service that you may access through our Services, and we do not endorse the same.
Your access and use of any Third-Party Materials or the linked sites are solely at your own risk and responsibility and are subject to such third parties’ terms and conditions and privacy policies. You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials or, for any losses or harm caused by your use of such Third-Party Materials.
15. Indemnity
You agree to indemnify, defend and hold harmless Netmarble Parties, and their respective officers, directors, shareholders, managers, members, partners, employees, consultants, representatives, and agent from and against any and all liabilities, claims, losses, damages, expenses, and costs (including reasonable attorneys' fees and court costs) arising out of or in connection with (i) your access to and use of the Services, (ii) your violation of this Agreement, or (iii) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
16. Changes to This Agreement
You can see this Agreement at any time by using a link found in our Websites, Games or Applicaions, where you can also see a link to our Privacy Policy. You can also find this Agreement by following the “Terms of Service” link provided in our Websites and Applications. We reserve the right to amend, at our sole discretion, any portion of the Agreement, which can be updated by us from time to time without notice to you. You agree to check the Agreement frequently and when you access or use our Services. Except as otherwise stated, the changes to this Agreement will become effective 30 calendar days after they are initially updated. You will be deemed to have accepted such changes by continuing to use the Services. If any amendment is not acceptable to you, you may terminate this Agreement and stop using our Services.
17. Jurisdiction and Governing Law
17.1. If you are a resident in the United States, any disputes or claims arising out of or in connection with this Agreement will 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 arising from or in connection with this Agreement and not subject to the arbitration agreement under Section 19 shall be irrevocably submitted to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California.
17.2. If you reside in any other country, any disputes or claims arising out of or in connection with this Agreement, will 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 arising from or in connection with this Agreement and not subject to the arbitration agreement under Section 18.1 shall be irrevocably submitted to the exclusive jurisdiction of the Seoul Central District Court, Seoul, Republic of Korea.
17.3. The UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute arising out of or relating to this Agreement.
18. Dispute Resolution
18.1. Informal Resolution and Arbitration. If you have any claim or dispute arising out of or relating to the Agreement, the Services, or the relationship between your and us, we strongly encourage you to contact our customer support team to seek a resolution. For residents outside of the United States, if a satisfactory resolution is not obtained within 30 calendar days after you first contact us, 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. For residents of the United States, the arbitration provision of Section 19 shall apply.
18.2. Statute of Limitation: Any claim or cause of action arising out of or related to this Agreement, the Services, or the relationship between you and us must be filed within 2 years after such claim or cause or action arose regardless of any statutes or law to the contrary. If a claim or cause of action is not filed within such 2-year period, such claim or cause of action shall be forever barred.
19. Dispute Resolution and Binding Arbitration for U.S. Residents.
Notwithstanding the foregoing Section 18.1, if you are a resident of the USA, you and Netmarble agree to resolve all disputes and claims through binding arbitration pursuant to this Section.
19.1. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY AS THEY REQUIRE YOU TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION. All disputes, claims or controversies arising out of or relating to the Agreement, the Services or the relationship between you and us (“Dispute”) shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement. However, the Dispute do not include any claim regarding the infringement, protection or validity of intellectual property rights or a claim brought in small claims court.
19.2. Either party may elect to have the Dispute finally and exclusively resolved by binding arbitration. A party who intends to seek arbitration must first send to the other a written notice of dispute (“Dispute Notice”). We will send the Dispute Notice to your billing address, and if your billing address is not available, to your email address on file. Your Dispute Notice to us should be addressed to: Netmarble Corporation, Netmarble Tower., 38, Digital-ro 26-gil, Guro-gu, Seoul, Korea, ATTENTION: Legal Department. The Dispute Notice must (a) describe the nature and basis of the claim or dispute; and (b) specify the remedies sought. If you and we do not reach an agreement to resolve the claim within 30 days after the Dispute Notice is received, you or we may commence an arbitration proceeding.
19.3. An election 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 19 notwithstanding any other choice of law provision contained in this Agreement. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“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.
19.4. 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 THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate your claim with the claims of others, and shall not preside over any type of representative or class 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.
19.5. Unless you and we otherwise agree, arbitration will take place in the county where you live.
19.6. If the arbitrator rules in your favor on the merits of any claim you bring against us and issues you an award that is greater in monetary value than our last written settlement offer made before our final written submissions to the arbitrator, then we will reimburse the arbitration fees that you paid to the AAA.
19.7. Although we may, in our discretion, revise this Agreement, any change to the terms or rules set out in this Section 19 shall not apply to any Dispute arising prior to the effective date of such change. At least 30-day’s notice of any terms to arbitrate will be given before the changes take effect.
20. General
20.1. Entire agreement: The Agreement sets out the entire agreement between you and us relating to the subject matter herein, and they supersede and replace any prior or contemporaneous agreements and understandings, whether written or oral, relating to the matters contained herein.
20.2. Assignment: You may not transfer or assign any of the rights or obligations under this Agreement without our prior written consent therefore, and any attempt to so shall be void. We may transfer or assign all or any of our rights or obligations under the Agreement at any time without your consent or notice to you.
20.3. Severability: If any provision of the Agreement is held to be unlawful, void or unenforceable, that provision shall be deemed severed from this Agreement, and the remainder of the Agreement shall be unaffected and remain in full force and effect.
20.4. Waivers of Our Rights: Our failure, delay or forbearance to exercise or enforce any of our rights under the Agreement shall not be construed as a waiver or relinquishment of those rights or any other provisions hereof in that or any other instance. Any waiver by Netmarble is not effective unless it is in writing and signed by its authorized representative.
20.5. Export:
You acknowledge and agree that the Services and any part thereof shall not be used, transferred or otherwise exported or re-exported to countries prohibited by the United States or other export control laws (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Entity List, Denied Persons List, or Unverified List, or the U.S. Department of State’s Nonproliferation Sanctions list (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National.
20.6. Survival: The provisions of Sections 1.3, 2.2, 3.4, 3.5, and 5-20 and all representations and warranties by you hereunder will survive any termination of the Agreement.
21. 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