Thunder Tier One Official Website Terms of Service

Effective Date: 10 of Dec 2020

KRAFTON, Inc. (“KRAFTON”, “we”, or “us”) provides through its official website (OOO), game related services (Collectively, “Service(s)”). This Terms of Service govern the relationship between you and KRAFTON regarding the use of the Services (the “Terms”) and “user” or “you” means the person who agrees to these Terms. By using the Services, you accept and agree to be bound and abide by these Terms and If you do not want to agree to these Terms, you must not use the Service.

1. Updating Services and Terms

1) The Terms of Service can be found at any time at KRAFTON’s website.
2) KRAFTON may change these Terms at any time if necessary to the extent that is consistent with applicable laws and regulations.
3) You are responsible to check this page regularly to make note of any changes. Your continued use of the Services means that you accept and agree to the changes in the Terms.

2. Prohibited Uses

KRAFTON provides the Service to users only for personal, non-commercial and entertainment purposes. You agree not to violate terms and conditions set in these Terms . Violation of any criteria in this agreement may lead to temporary or permanent suspension of the Service in accordance with these Terms. You agree to only use the Service, or any part of it, in a manner that is consistent with these Terms and you SHALL NOT:

(a) without written permission from KRAFTON, use, advertise or exploit in any manner the Service or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Service, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and moral rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of KRAFTON and/or its licensors on creation, in any event);
(c) remove, disable or circumvent any security protections or any technical measures that control access to the Service;
(d) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Service;
(e) steal and/or publish information from others (including but not limited to personal information, non-personal information and payment information);
(f) impersonate KRAFTON or our staff;
(g) harm the reputation of KRAFTON, our affiliates, our service providers and licensors;
(h) post, link to, advertise, promote, or transmit anything that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, hateful, or racially or ethnically offensive;
(i) take advantage by exploiting others in any way;
(j) use the Service in a manner that is illegal or that negatively impacts the delivery of the Service;
(k) access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use (in Company’s sole judgment);
(l) disrespect or use offensive words towards others, including based on their race, gender, nationality;

Any action which is not defined in these Terms that negatively impacts the delivery of KRAFTON’s Service or negatively affects other users may be subject to warning and penalty upon careful review of the circumstances.

3. Accessing the Service

As a general rule, the service is accessible for 24 hours a day throughout the whole year. However, the accessibility of the Service is subject to KRAFTON shutting down the Service, in whole or in part, for any period KRAFTON deems appropriate to enable the update or technical maintenance of the Service, or any other action that KRAFTON determines necessary in its sole discretion.

We may amend the Service or restrict access from all or specific users without notice and liability. Additionally, the Service may be unavailable depending on geographic location.

4. Ownership

You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Service and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, and any related documentation) are owned by KRAFTON or its licensors.

5. Limitation of Liability & Indemnification

KRAFTON will not be responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you use the Service, including where the damage or loss results from our breach of these Terms.

The Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control. Except as set out elsewhere in these Terms we will not be liable to you or to any other person in the event that all or part of the Service is unavailable, discontinued, modified or changed in any way.

KRAFTON does not accept any responsibility for:

(a) any damage or loss caused to you where you are not entering into these Terms as a consumer;
(b) any failure, any suspension and/or any termination of access to the Game or the Service or any content in connection with or arising out of a force majeure event. In these Terms, a "force majeure" event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents; and/or
(c) any claims brought against you by a third party except as stated in these Terms.
(d) any interruption of the service, the use of the service, or termination of the contract due to user’s fault.
(e) if the telecommunications providers cease or fail to provide the telecommunication service. Users shall be liable for any damages incurred during failure of telecommunication service.
(f) any unavoidable reasons that caused Service failure, such as maintenance, replacement, regular inspection, construction, etc..
(g) any problems caused by the user’s computer or problems related to the network environment.
(h) the contents of the information, data, facts, reliability, accuracy, etc. posted or transmitted by the user or a third party in the service or on the website of KRAFTON.
(i) damages from Services provided free of charge by KRAFTON.
(j) damages caused by other services providers.

Nothing in these Terms will:

(a) restrict your statutory rights as a consumer (including your rights to state or to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen's Advice Bureau); or
(b) limit our liability for death or personal injury resulting from our negligence or for fraud.

By using the Service, you agree to defend, protect, indemnify and hold harmless to KRAFTON from any claims, lawsuits, damages, losses, liabilities and expenses (including attorneys’ fees) arising out of or in conjunction to your use or misuse of the Service and violation of KRAFTON’s policy. KRAFTON reserves the right to assume exclusive defense and control over all matters subject to indemnification by users.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KRAFTON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF DATA, LOSS OF BUSINESS RIGHTS, LOSS OF PROFITS) AND DAMAGE (INCLUDING BUT NOT LIMITED TO INTERRUPTION OF WORK OPERATION, HARDWARE MALFUNCTION, OR OTHER COMMERCIAL DAMAGE OR LOSS) ARISING OUT OF YOUR USE OR MISMUSE OF THE SERVICE. THIS IS ALSO TRUE WHETHER OR NOT KRAFTON ALREADY KNEW OR HAD TO KNOW ABOUT THE POSSBILITY OF THE DAMAGES.

COMPANY SHALL NOT BE LIABLE FOR ANY INTERRUPTION OF SERVICE, INCLUDING, BUT NOT LIMITED TO, ISP FAILURE, SOFTWARE OR HARDWARE FAILURE, OR ANY OTHER SITUATION THAT MAY RESULT IN DATA LOSS OR SERVICE INTERRUPTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN SUCH COUNTRIES OR JURISDICTIONS.

6. Disclaimer of Warranties

THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KRAFTON HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.

Without limiting any of the foregoing, KRAFTON does not ensure continuous, error-free, secure or virus-free operation of KRAFTON’s Services. Some states or countries do not allow the disclaimer of implied warranties, and the foregoing disclaimer may not be applicable to You. This warranty gives You specific legal rights, and You may also have other legal rights that vary from state to state or from country to country.

7. Period and Termination

These Terms are effective unless and until terminated by either you or by KRAFTON. KRAFTON and the user may terminate these terms at any time without prior notice. Termination by KRAFTON will come into an effect at any time in KRAFTON’s sole discretion. You may terminate these Terms by not using the Service. Sections 4 (Ownership), 5 (Limitation of Liability and Indemnification), 6 (Disclaimers of Warranties), 7 (Period and Termination), 8 (Grievance Handling and Dispute Resolution), 9 (Governing Law), 10 (Class Action Waiver) and 12 (Other Policies) shall survive any termination of these Terms.

8. Grievance Handling and Dispute Resolution

If a dispute arises between you and KRAFTON, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, except where and to the extent prohibited by law, by using the Services, you and KRAFTON agree to the use of arbitration on an individual basis through a mutually agreed arbitrator selected with the consent of the Company and you, where a claim is for less than $10,000 US Dollars or the equivalent. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to the chosen arbitrator for binding arbitration under the arbitrator’s rules then in effect, before one arbitrator to be mutually agreed upon by both parties.

9. Governing Law

These Terms shall be interpreted and governed by the laws of the Republic of Korea. All lawsuits related to these Terms are subject to the jurisdiction of the courts pursuant to relevant laws such as the Korean Code of Civil Procedure. Other laws may apply if you use the Service outside of the Republic of Korea. In such event, the applicable local laws shall only affect these Terms to the extent required by the applicable jurisdiction, and these Terms shall be construed as to make their terms and conditions as effective as possible. You must comply with all local laws to the extent that such local law applies.

10. Class Action Waiver

You agree not to participate in, including but not limited to, a class or representative action, private attorney general action, or collective arbitration related to the Service or this Agreement. You also agree not to seek to combine any action or arbitration related to the Service or this Agreement with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.

11. Copyright Notice

If you think any materials from KRAFTON and/or KRAFTON branded websites infringe your copyright-protected work under the copyright law, you may provide an infringement notice to KRAFTON’s designated agent as set forth below. Also, to ensure your notice is effective, you must include the following information:

(a) Sufficient details to enable us to identify the work claimed to be infringed;

(b) Your contact information, including your address and email address;

(c) A statement that you have a good faith belief that the disputed work is not authorized by the copyright owner, its agent, or the law;

(d) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

(e) Your physical or electronic signature.

The contact information of Company’s designated agent is as follows:

KRAFTON, Inc.
Attn: Legal Affairs Department Agent
Tower, 117, Bundangnaegok-ro, Bundang-gu, Seongnam-si, Gyeonggi-do, Republic of Korea.
Email: [email protected]

12. Other policies

1) KRAFTON may use the Privacy Policy to cover specific details that are not covered in Terms of Service in order to protect user interests and maintain order.
2) By agreeing to conditions set in Terms of Service, you also agree to be bound by the terms and conditions set forth in the Privacy Policy.
3) the Privacy Policy can be found at any time at KRAFTON’s website.

This Terms of Service has been translated into other languages for the convenience of the users. In case of any discrepancies between the English version and the other versions, the English version shall prevail. However, Korean Terms of Service shall prevail for Korean users.