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.
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:
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.
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.
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.
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:
Nothing in these Terms will:
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.
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.
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.
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.
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.
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.
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:
The contact information of Company’s designated agent is as follows:
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.