This Agreement governs the relationship between the Company and the Site visitor and/or all of the users who use the service ("player," "user," "member," "you") with respect to use of the Service. Member may also be subject to additional terms and conditions when you use third-party content, services, or software (including Applications) accessed through or promoted on the Service.
1. SERVICE REGISTRATION
- 1.1 Acceptance of Agreement
Upon creation of account by registering a member ID in a way that we set, it is assumed to have agreed to all the Terms, the registration applicant shall bear any and all obligations and responsibilities under this Agreement.
If you do not agree to all of the terms and conditions of this Agreement, you may not sign up for an Account and you shall not have the right to use the Service, which includes the right to play any games.
By signing up for an Account and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement, or you are the legal age required to form a binding contract in your jurisdiction. Without limiting your consent to or the scope of this Agreement or the licenses granted herein, or any future grant of rights, consent, agreements, assignments, and waivers you make with respect thereto, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you. Your Account may be used only by you, who shall at all times be responsible and liable for all activities conducted and items obtained through the Account.
Subject to the laws of your country of residence, minor children may utilize an Account established by their parent or legal guardian, if the minor is older than the age of 13. In the event that you permit your minor child or legal ward (collectively, your "Child") to use an Account of this SERVICE, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child whether or not such uses were authorized by you.
Only "natural persons," as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the right to establish an Account. We hereby disclaim any and all responsibility and liability for any unauthorized use of your Account.
- 1.2 Registration Process and Information
If Member provides false or flawed information, the Company will assume no responsibility on member´s disadvantages or damages caused by false or flawed information.
You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to purchase at pricing not applicable to your geography, to refill CASH or any virtual money, or for any other purpose. If you do this, ESTgames may terminate your access to your Account.
You agree at all times to (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Service and, in our sole discretion, to report you to the appropriate government authorities. We are not responsible or liable if your Account is "hacked" or if your Account (or the information contained therein) is otherwise deleted.
You must maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify this to ESTgames.
- 1.3 UserName and Password
As part of the registration process, Member will also be asked to select a username and password for the Account which will be used each time to access the Service.
ESTgames reserves all rights to refuse to grant you or to terminate a username that:
You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion.
- 1.3.1 impersonates someone else, including, without limitation, another user, Non Playing Character or Game Master ("GM"),
- 1.3.2 is or may be illegal or is or may be protected by trademark or other proprietary rights laws, or may cause confusion,
- 1.3.3 is or may be considered vulgar, defamatory, obscene, hateful, racially, ethnically or otherwise offensive, including any usernames which are sexual in nature,
- 1.3.4 is comprised of or includes the name of a popular culture icon, persona or media personality (e.g., "SpiderMan" or "TigerWoods") or religious deity or figure or your real name or surname,
- 1.3.5 is comprised of or includes the names (including "street" names) of any drug, narcotic or other criminal activity,
- 1.3.6 includes or is comprised of partial or complete sentences (e.g., "Youwillnotsurvive"),
- 1.3.7 is comprised of or includes gibberish (e.g., "Akdnvprq"),
- 1.3.8 is comprised of or includes "Leet" or "Dudespeak" (e.g., OMGnewb, xLOLx, AFKbotman),
- 1.3.9 is comprised of or includes any rank and/or fantasy titles (e.g., "MajorMark" or "QueenQiana"),
- 1.3.10 includes any special characters (i.e., ASCII codes),
- 1.3.11 is otherwise inappropriate, regardless of our software's ability to disallow such usernames.
You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access the Service via your username or password to any third party. If you have reason to believe that your Account with us is no longer secure, you must promptly change your password by visiting http://www.cabal.estgames.com and immediately notify us. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT
2. LIMITED NON-COMMERCIAL LICENSE TO USE SERVICE
- 2.1 Basic Use. You may use the Service solely subject to the terms and conditions set forth in this Agreement. You may use the Software to access the Service solely subject to the terms and conditions of this Agreement. You understand and agree, however, that you are solely responsible for obtaining and maintaining all telephone, cable, wireless, computer hardware and other equipment needed to access and use the Service and that you shall be solely responsible for all charges and fees related thereto.
- 2.2 Code of Conduct. While using the Service and Software, you agree to comply with all applicable laws, rules and regulations. ESTgames reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service and Software. The Company further reserve the right to determine what conduct is outside the "spirit" of the Service and games provided therein. While using the Service, you agree not to:
- 2.2.1 Restrict or inhibit any other individual from using the Service, a Cash Item (as defined below) or the Software, including, without limitation, by means of "hacking", "bots", "macro", "cheats" or defacing any portion of the Service or Software;
- 2.2.2 Institute an attack upon any server used in connection with the Service or otherwise attempt to disrupt such servers;
- 2.2.3 Use the Service, Cash Items or Software for any unlawful purpose or in any manner not intended by the Company as contemplated herein and/or on the Site;
- 2.2.4 Engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive or otherwise objectionable behavior, including, without limitation, looting, kill stealing, making sexual and/or racial comments and/or cursing;
- 2.2.5 Express or imply that any statements you make or actions you take are endorsed by us;
- 2.2.6 Impersonate another person (including celebrities), indicate that you are a ESTgames employee, representative of ESTgames (including a GM) or attempt to mislead users by indicating that you represent ESTgames or any of ESTgames´ partners or affiliates;
- 2.2.7 Transmit: (i) any content that is unlawful, harassing, vulgar, obscene, hateful, fraudulent, threatening, abusive, libelous, defamatory, obscene, sexually explicit, or racially, ethnically or otherwise objectionable, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) any content that infringes our or any third party´s intellectual property or other rights, or that you otherwise do not have permission to transmit; (iii) any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; (iv) any material, non-public information about companies without the authorization to do so; (v) any trade secret of any third party; or (vi) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- 2.2.8 Engage in spamming or flooding;
- 2.2.9 Remove, alter or conceal any copyright, trademark, patent or other proprietary rights notices contained in the Service, Cash Items or Software;
- 2.2.10 "Frame" or "mirror" any part of the Service without our prior written authorization;
- 2.2.11 Link to any page of or content on the Site other than the URL located at http://www.ESTGAMES.com/ or other ESTgames-affiliated domains.
- 2.2.12 Provide a link to any web sites that promote any product or any service;
- 2.2.13 Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents, including, but not limited to, Cash Items;
- 2.2.14 Harvest or collect information about the Service, visitors to the Site or users of the Service without their express consent;
- 2.2.15 Download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in the Service except as expressly authorized by this Agreement;
- 2.2.16 Host, provide matchmaking services for, or emulate or redirect the communications protocols used by us (or our designees) as part of the Service, including, without limitation, by protocol emulation, tunneling, reverse engineering, modifying the Software or using a utility program to host the Software;
- 2.2.17 Sell, advertise, or post information on hacks for the Software, Cash Items or Service and/or advertising, posting information on or selling hacks for any other software or web sites;
- 2.2.18 Exploit the Software, Cash Items or the Service for any commercial purpose, including the provision of "power leveling" services;
- 2.2.19 Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage;
- 2.2.20 Modify the Software, Cash Items or the Service to change "game play," including, without limitation, creating cheats and/or hacks or using third-party software to access files in the Software or Service;
- 2.2.21 Reverse engineer, decompile or disassemble all or any portion of the Service, Cash Items or Software;
- 2.2.22 Use tools which hack or alter the Software, Cash Items or the Service or that allow you to connect to the Software's private binary interface or utilize user or other interfaces other than those provided by us to you;
- 2.2.23 Engage in using macros (i.e., "macroing"), auto-looting or robot play (i.e., "booting") or any other behavior that allows you (or any character you are controlling) to automatically function or effect any action in a game with or without your presence;
- 2.2.24 Use "packet sniffing," scripting and/or macroing software for any purpose whatsoever, or otherwise monitor the Service, the Cash Items or the Software;
- 2.2.25 Attempt to obtain a password or other private account information from any other person or user of the Service; and/or
- 2.2.26 Disclose your personally identifiable information or any other person's or user's personally identifiable information (e.g., name, e-mail address, telephone number, age, address, etc.) on the Site or through the Service, or web sites or forums related to the Site or Service, including without limitation the Forums discussed in Section 2.3.
2.3 Playing Games. At all times you shall comply with the terms and conditions of this Agreement and the terms and conditions of all Game Rules and Policies provided on the Service, which are hereby incorporated herein by this reference. By playing any of the games provided on the Service, you agree to the Game Rules and Policies applicable to each game, respectively.
- 2.3.1 Game Forums. While playing games, you may create and/or join existing forums as part of the Service (the "Forums") for the purpose of communicating with other players regarding game strategy. During the registration process, you will be required to select a Forum name, such name to be subject to the restrictions applicable to usernames and group names as set forth in Section 1.3 above. While participating in a Forum, in addition to adhering to the rules of conduct set forth in Section 2.2 above, you agree not to:
Disrupt the normal course and pace of postings or chat in the Forum, including through: (i) use of a macro with large amounts of text; (ii) use of mechanisms causing the Forum or chat screen to scroll faster than other users are able to read; (iii) hitting the return key repeatedly; (iv) excessive shouting through the use of the "all caps" key; (v) posting "Spam" messages; and/or (vi) sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Forum or chat area;
Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any other person or player; and
Participate in any action that, in the sole discretion of the Company, "scams" or otherwise defrauds any other player, including with respect to any items that a player has earned or otherwise obtained (e.g., Cash Items).
You understand that much of the information included in the Forums is from other players who are not employed by or under the control of the Company.
You further acknowledge that a large volume of information is available in the Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other players. The opinions expressed in the Forums reflect solely the opinion(s) of you and the other players and may not reflect the opinion(s) of the Company. We are not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the information in the Forums or your use of the Forums. You should be aware that, when you disclose information about yourself in a Forum while using the Service, the information is being made publicly available and may be collected and used by other users. When you disclose any information in a Forum, you do so at your own risk. We have no obligation to monitor the Forums, or any postings or other materials that you or other players transmit or post on the Forums. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Forums and the postings and other materials you and the other players transmit and post; to alter or remove any such materials (including, without limitation, any posting to a Forum); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly, to protect ourselves, our sponsors and our members and visitors and/or to comply with legal obligations or governmental requests.
- 2.3.2 Item Shop / Cash Items. While playing our games, you will have the opportunity to visit our online store ("Item Shop") and use online "CASH" to license a variety of virtual items ("Cash Items"), in addition to purchasing character transfers and character name changes that can be used while playing various games. In order to obtain CASH, you may be required to provide us or another payment service designated by us (e.g., PayPal) with your credit card information and other information related to your credit card transaction (e.g., your billing and shipping address on record with the applicable credit card company, your credit card expiration date, etc.). For each "real world" U.S. Dollar that you authorize us to charge to your credit card, you will be awarded one hundred (100) units of CASH; provided, however, that we reserve the right in our sole discretion at any time to change the number of units you will be entitled to for each "real world" U.S. Dollar. YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US OR OTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOUR CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, TERMINATION OF THE ITEM SHOP AND/OR THE DISCONTINUATION OF THE SERVICE. YOU ACKNOWLEDGE THAT ESTGAMES IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY TO ESTGAMES FOR THE USE OF ESTGAMES, OR FOR PURCHASES MADE THROUGH ESTGAMES, FOR ANY REASON.
Certain Cash Items have an expiration date, while others have no expiration date ("Permanent Items"). Each Cash Item that you obtain using CASH or Game Points will be included in your Account until the earlier of that Cash Item's expiration date (if it is not a Permanent Item), your Account´s expiration or termination date, or such date when the Service ends. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR CASH ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE CASH ITEMS.
We have no liability for "hacking" or loss of your Cash Items from your Account, provided we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any Cash Item or any experience lost due to your violations of this and any other Company rules, policies, notices and/or agreements.
You agree that you cannot and have no right to sell or otherwise transfer any of the Cash Items, or any other content or information included in the Service, in whole or in part, to any third person or entity whatsoever, including, without limitation, on Internet auction sites (e.g., eBay, IGE) or in return for anything of value (including "real" money) or otherwise.
2.4 Hardware and Software Access. You hereby acknowledge that:
- 2.4.1 The Company has the right to obtain, certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification.
- 2.4.2 The Company has the right to obtain, non-personal information from your connection to the Service or Site for demographic purposes.
- 2.4.3 The Company has the right to obtain, information from your computer, software, and parts or portions thereof, including, without limitation, your computer's random access memory, video card, central processing unit, hard drive(s) and any other storage devices to assist our efforts in policing users who may develop and/or use "hacks" and/or "cheats" to gain advantage over other users. The information obtained in this Section will only be used for the purpose of identifying persons or entities not in compliance or believed by the Company to not be in compliance with this Agreement and any and all other Company rules, policies, notices and/or agreements.
3. COMPANY MATERIALS
The Software and Service are intended solely for playing purposes and for your personal use. You may print a single copy of any textual material available for downloading through the Service. Although the Company strives to provide content through its Service that is both useful and accurate, data and other information change frequently and are subject to varying interpretations. Accordingly, although the Company endeavors to use reasonable care in assembling such content, it may not be up-to-date, accurate or complete. In addition, portions of such content may have been contributed by various third parties and/or service providers. The inclusion of such information does not indicate any approval or endorsement of such third parties or providers and the Company expressly disclaims any liability with respect to the foregoing. Descriptions or images of, or references to, products or services available on the Service do not imply the Company´s endorsement of such products or services. If you believe that certain content is incomplete or inaccurate, please contact our customer service department using the E-mail of Inquiry located on the Site with, if possible, a description of the content to be checked and the location (URL) where such content may be found.
5. OWNERSHIP, LICENSING AND RESTRICTIONS ON USE
- 5.1 Ownership. Except for the personal information and content submitted by users of the Service, the Service and Software and all content included therein (including without limitation graphics, artwork, music, choreography, characters, character IDs, Forum IDs, account IDs, Cash Items and/or other items acquired or created in the Service, including through the Item Shop) are owned by ESTgames or its licensors, and are protected by Republic of Korea and other international intellectual property laws. You may not use our trademarks and trade dress in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or subscribers, or in any manner that disparages us. Except as expressly provided herein, we and our licensors do not grant you any express or implied rights, and all rights, title and interest that we have in and to the Service that are not expressly granted by us to you are retained by us.
- 5.2 Your License from ESTgames subjects to the terms of this Agreement and so long as you remain compliant with such Agreement, ESTgames grants you a non-exclusive, limited, fully revocable license to use the Service, and the content contained therein in conjunction with the Service. You may not modify, publish, transmit, transfer, sell, reproduce, upload, post, distribute, perform, display, create derivative works from, or in any way exploit such content, except as ESTgames expressly permits in this Agreement or the Service. Your use of such content for any purpose other than as expressly permitted in this Agreement or the Service is a violation of the intellectual property rights and other proprietary rights of ESTgames and may subject you to civil liability and/or criminal prosecution under applicable laws.
- 5.4 Software. Use or downloading of the Software is conditioned on your acceptance of the terms and conditions of any license agreements relating to such Software, including all third party agreements. By using the Software, you agree to all of the terms and conditions set forth in such agreements.
- 6.1 When you register, contact us via Help Desk, or otherwise use the Services, you may choose to provide information to us, including:
Contact information, including name, e-mail address, mailing address, and/or
User account information, including username, nickname, password, and/or
Demographic information, including your age, country, and/or
Technical information, including Internet Protocol ("IP") address, Cookie, computer hardware, operating system specifications, computer's random access memory, video card, central processing unit, hard drive(s) and any other storage devices, browser type, and/or
Payment information, which our payment processor(s) collect when you make purchases, and/or
Correspondence you send to us via Help Desk
- 6.2 We may use, record, systematize, store, update or modify, retrieve, delete, or otherwise process the provided information for the following purposes, using manual or automated means:
- 6.2.1 Designated third-party payment service will use payment information as necessary to complete transactions or as otherwise required by law.
- 6.2.2 Verify member´s rights to maintain the Account, ensure the Account is unique, and validate geographical restrictions to legally access the Service.
- 6.2.3 Analyze and address prohibited activities, including by assisting our efforts in policing users who may develop or use hacks or cheats to gain advantage over other users of the Services, and to otherwise enforce our Terms of Service and End User License Agreement.
- 6.2.4 Provide technical support and responses to your questions or comments.
- 6.2.5 Customize and deliver the content and advertising you see when using the Services or third-party websites and services.
- 6.2.6 Analyze, develop, and improve the Services and new products and services, including by conducting and delivering surveys, polls, and research.
- 6.2.7 ESTgames´ legitimate interests, including those described above and as necessary to provide the Services.
- 6.2.8 Compliance with ESTgames´ legal obligations.
- 6.2.9 The performance of the Terms of Service and End User License Agreement between ESTgames and the user.
- 6.2.10 Carrying out the obligations and exercising rights under applicable law.
- 6.2.11 Where applicable, on the basis of the consent of users which may subsequently be withdrawn at any time by contacting us, without affecting the lawfulness of processing based on consent before its withdrawal. We rely on consent for certain advertising purposes, use of certain cookies, the collection of precise geolocation information, the combination of data across platforms, and international transfers of personal information.
- 6.3 We limit when we share the information we collect to the following circumstances:
With Your Consent. We may share information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent.
- 6.3.1 Business Partners. We share information with third-party partners and service providers, including payment processing, customer support services, and advertising companies, to help us provide and improve the Services and operate our business.
- 6.3.2 Other Users. Your profile, including your username and the nickname that you may provide, and information about your activities on the Services may be visible to other users of the Services or third-party sites and services. For example, your profile information on Forum may be viewed by other users of the Services and, if you choose to link to social media sites like Facebook, viewed by users of such sites.
- 6.3.3 Legal Purposes. We may provide your information to third parties when it is required by law or to cooperate with regulators or law enforcement authorities. We may disclose your information in order to protect the rights or property of ESTgames, including enforcing our Terms of Service, or when we believe that there is an emergency that poses a threat to the health or safety of you, another person, or the public.
- 6.3.4 Corporate Transaction. If ESTgames is involved in a corporate transaction, such as a merger, acquisition by another company, asset sale, or in the unlikely event of bankruptcy, we may transfer your information to the successor organization in such transaction in accordance with applicable law.
- 6.4 The laws in your country may provide you rights to request access to, correct, restrict, port, copy, or delete your information, request that we stop processing your information or delete your account, or withdraw or change the scope of your consent. If you withdraw your consent, we will stop processing your information for such purposes, but it will not affect the processing of information previously covered by your consent. Where technologically feasible and required by applicable law, we will port your information pursuant to your reasonable request. A request to withdraw consent, restrict or stop processing your information, or delete your account or information may result in your inability to access the Services or some of its features, including, but not limited to, customer service.
- 6.5 We do not knowingly collect personal information from children who are under the age of 13 (or the age otherwise defined under applicable law) without parental consent or unless permitted by applicable law. If you are under 13, please do not send any information about yourself to us. In the event that we learn that we have collected personal information from a child under age 13 we will delete that information as quickly as possible. If you believe that we might have any personal information from or about a child under the age of 13, please contact us at https://gspsupport.estgames.com.
- 6.6 We maintain reasonable and appropriate physical, electronic, organizational, and procedural safeguards to protect your information. While we take reasonable precautions against possible loss, misuse, or unauthorized access, no storage system or transmission of data over the Internet can be guaranteed to be secure. Data we collect will be retained only for so long as reasonably necessary for the purposes set out above, unless applicable law requires otherwise.
7. APPLICABLE LAW/JURISDICTIONAL ISSUES/SERVICE INTERRUPTIONS
- 7.1 The Service is not available or accessible in countries or territories where we are operating a localized version of the Service through a licensed operator. We make no representation that materials available on or through the Service, including, without limitation, the Software and the games, are appropriate or available for use in all locations. Those who choose to access and/or use the Service do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is subject to export controls of Republic of Korea as set forth in the End User License Agreement.
- 7.2 We reserve the right to limit, suspend, interrupt or terminate the availability of the Service, in whole or in part, to you and any other user or person, geographic area or jurisdiction, at any time and in our sole discretion.
- 7.3 You acknowledge and agree that interruptions, delays and disruptions of the Service may occur and that the Company has no control over third party servers, systems and/or networks which may be utilized in connection with the functioning of the Service. The Company hereby disclaims all liabilities with respect to all interruptions, delays and disruptions of the Service.
- 7.4 ESTgames will be excused from liabilities of any service interruptions resulting from causes outside the reasonable control of ESTgames, including without limitation due to unforeseen circumstances or cause beyond company´s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
- 7.5 The validity, construction, and performance of this term of use shall be governed by and construed in accordance with the laws of the Republic of Korea. The Seoul Central District Court of the Republic of Korea shall have jurisdiction over all disputes which may arise respect to the interpretation, enforceability, performance, breach, termination or validity hereof (including, without limitation, this arbitration clause), execution, interpretation and performance of this term of use and you and ESTgames Corp. shall waive any other forum to which they might be entitled by virtue of domicile or otherwise. In the event of litigation relating to the subject matter of this term of use, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.
8.TERMINATION AND DISCONTINUATION
- 8.1 Termination. This Agreement shall remain effective until terminated. If you wish to terminate your Account, you may do so by contacting our customer service department by using the E-mail of Inquiry on the Site or by terminating your account by following the instructions on the Site.
Upon our acceptance of your request, your Account will be terminated. We reserve the right, with or without notice to you, to suspend or terminate your Account and this Agreement if you violate the terms and conditions of: (i) this Agreement, (ii) the End User License Agreement, and/or (iii) any of the Game Rules and Policies. We also reserve the right, with or without notice to you, to suspend or terminate your Account and this Agreement in our reasonable discretion.
- 8.2 Discontinuation. You understand that the Service is provided via the Internet by the Company through the use of servers, networks and other technology. Notwithstanding anything to the contrary in this Agreement (including without limitation Section 8.1), the Company reserves the right to permanently discontinue the Service at any time. Upon such discontinuation, your Account and this Agreement shall terminate.
- 8.3 Effect of Termination. Upon termination of this Agreement for any reason, your right to use the Service shall immediately cease, and you shall destroy all Software and other content obtained through your use of the Service and all copies thereof. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO OBLIGATION WHATSOEVER TO YOU AFTER THE TERMINATION OF YOUR ACCOUNT OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, TO PROVIDE YOU WITH A REFUND OF ANY CHARGES YOU AUTHORIZED US OR ANY DESIGNATED PAYMENT SERVICE TO CHARGE TO YOUR CREDIT CARD(S) IN CONNECTION WITH YOUR PURCHASE OF CASH, WHETHER OR NOT YOU ACTUALLY USED THE CASH TO OBTAIN CASH ITEMS.
- 8.4 Survival. Sections 5.1, 5.3, 8.3, 8.4, 9, 10, 11, and 13 (as well as the definitions applicable to such sections) shall survive any termination of this Agreement or discontinuance of the Service.
THE SERVICE (INCLUDING THE SITE, THE GAMES, THE CASH ITEMS, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN) AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, AND THE SERVER(S), SYSTEM(S) AND NETWORK(S) ON WHICH THE SERVICE IS HOSTED AND/OR OPERATES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICE AND ALL CHARGES AND FEES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF THE COMPANY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS, AGENTS OR THIRD PARTY USERS, WHETHER MADE ON THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE, THE ITEM SHOP, ANY CASH ITEMS, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN IS ENTIRELY AT YOUR OWN RISK.
10. LIMITATION OF LIABILITY
NEITHER THE COMPANY NOR ANY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING, WITHOUT LIMITATION THE SITE, THE GAMES, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN), YOUR ACCOUNT (INCLUDING, WITHOUT LIMITATION YOUR CASH ITEMS OR CASH), ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE, OR ANY PART THEREOF, IS TO STOP USING THE SERVICE. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE LESSER OF TWENTY U.S. DOLLARS OR THE TOTAL CUMULATIVE AMOUNT PAID BY YOU TO OBTAIN CASH ITEMS.
12. LIQUIDATED DAMAGES
You acknowledge and agree that you are not permitted for any reason or under any circumstances to hack, attempt file decryptions, crack encryptions, use cheats and/or memory altering scripts or codes or utilize unauthorized third-party manipulations programs, re-packer programs, game or client altering software or client re-interpretation methods or codes to alter the play experience or gain an unfair advantage in any of the ESTgames games. You also are prohibited from doing the following: (1) use any type of hacks, bypass, decryptions (including but not limited to file decryption software/methods), cheats and/or memory altering scripts or codes to gain an unfair advantage over other users in any ESTgames game; (2) manipulate and/or alter the game client and/or server memory in order to gain unearned and unjustified CASH, in-game currency and/or any other Items from any ESTgames game ; and (3) elevate your ranking in any ESTgames game fraudulently or by any wrongful or unauthorized means. In addition you agree not to create, design, disseminate, link, distribute, provide access to or use any third party programs, bots, scripts, codes, bypass, memory scanning software, hacks or cheats designed to alter the game play or to modify the code to play the game differently than it was intended by means of programs not permitted or authorized by ESTgames, which include, but are not limited to: hacks, private servers, cheat engines, memory altering scripts or codes (including but not limited to disconnection hacks), auto clickers, any type of bots and/or game cheats. Any use, dissemination or design of such programs shall be deemed a material breach by you of these Terms of Service for which you will be liable to ESTgames for any resulting damages. You agree that if you host or operate a private server of a ESTgames game or host or operate a hack site that sells hacks to a ESTgames game or if you distribute, disseminate, design, code, moderate and/or provide free or paid access to private forums that sell or distribute hacks, or assist in the design of any private servers or third party programs (such as hacks) that alter the game play of any ESTgames game, you will have the unconditional obligation to pay ESTgames the sum of One Hundred Thousand ($100,000) Dollars for each such program (including patches) and versions thereof as liquidated damages. You also agree that if you use such a program to play any of the ESTgames games, or engage in the use of a private server, you will have the unconditional obligation to pay ESTgames the sum of One Thousand ($1,000) Dollars as liquidated damages for each time you use such a program, which shall be due and payable immediately upon notification to you of said infraction.
This Agreement is governed by and construed in accordance with the laws of the Republic of Korea, without regard to principles of conflicts of laws that would result in the application of the law of a different jurisdiction. You agree to submit to the exclusive jurisdiction of any court located in Republic of Korea, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Except as otherwise specifically provided herein, this is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sub licensable by you except with the Company prior written consent. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The United Nations Convention on the International Sale of Goods is explicitly excluded from this Agreement.