1. Introduction 

If you reside outside of the Republic of Korea, the terms of this agreement (the “Terms of Service”) govern the relationship between you and GAMEVIL USA Inc. and/or its affiliates (“GAMEVIL USA” “we,” or “us”) regarding your (“user” or “you”) use of GAMEVIL USA’s mobile games (“GAMEVIL USA Games”) and related services, including, without limitation, the use of GAMEVIL USA Games, participation in an online community for GAMEVIL USA Games, or GAMEVIL branded websites (collectively, the “GAMEVIL USA Service”).

Use of the GAMEVIL USA Service is also governed by the GAMEVIL Privacy Policy, which are incorporated herein by reference. We may collect and use your content and information in accordance with this Privacy Policy.

By downloading GAMEVIL Games, accessing and/or using the GAMEVIL USA Service, and/or creating a Account, you accept and agree to be bound by the Terms of Service, the GAMEVIL USA Privacy Policy(collectively, the “GAMEVIL USA Policy”).

GAMEVILUSA may amend, at our discretion, any portion of the GAMEVIL USA Policy at any time by posting or displaying the amended GAMEVIL USA Policy within and/or on GAMEVIL USA Games, GAMEVIL USA branded website. You will be deemed to have accepted such amendments by continuing to use the GAMEVIL Service. Except as otherwise stated, any such amendments will be automatically effective after they are initially posted.

By agreeing with the GAMEVIL Policy, you represent that you are thirteen (13) years of age or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms of Service.

If you do not agree with any portion of the GAMEVIL USA Policy, your only remedy is to discontinue your use of the GAMEVIL USA Service and cancel the accounts you have made through the GAMEVIL USA Service. If you violate any of the Terms of Service, GAMEVIL USA reserves the right to issue you a warning regarding the violation or immediately terminate or suspend, without notice, any or all accounts you have created using the GAMEVIL USA Service. You are responsible for periodically viewing the terms.

 

2. License

2.1. Ownership of GAMEVIL USA

GAMEVIL USA owns, has licensed, or otherwise has the right to use all of the content and materials that are a part of the GAMEVIL USA Service, including, without limitation, designs, text, graphics, pictures, video, information, applications, software, music, sound, other files, user accounts, virtual items, and virtual currencies, and their selection and arrangement, which are all protected by law from unauthorized use. The entire contents of the GAMEVIL USA Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions.

By using the GAMEVIL USA Service, you agree that no content or materials that are a part of the GAMEVIL Service may be modified, copied, distributed, frame, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited, without GAMEVIL’s express prior written permission, expect that the foregoing does not apply to your own User Content (as defined in Section 4.1) that you legally post on the site.

All other uses of copyrighted material, including any derivative use, requires express prior written permission from GAMEVIL USA. Any reproduction or redistribution of materials not in accordance with the Terms of Service is expressly prohibited and may result in severe civil and criminal penalties. GAMEVIL USA and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the GAMEVIL USA Service by GAMEVIL USA.

By using the GAMEVIL USA Service, or by accessing any materials posted on the GAMEVIL USA Service by GAMEVIL USA, or derivative works thereof, you acknowledge that you do not acquire any ownership rights.

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN A ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO A ACCOUNT IS AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF GAMEVIL USA.

 

2.2. Limited License

GAMEVIL USA hereby grants you a personal, non-exclusive, non-transferable, and revocable limited license to use the GAMEVIL USA Service subject to the terms of the GAMEVIL USA Policy. You understand that virtual items and virtual currencies are provided solely for your entertainment use, and that you have a limited license to use them under the GAMEVIL USA Policy, not the ownership interest in them. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

 

2.3. Trades of Virtual Items and Virtual Currency

GAMEVIL USA prohibits and does not recognize any purported transfers of virtual items or virtual currency effectuated outside of the GAMEVIL USA Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the GAMEVIL USA Service, unless expressly authorized by GAMEVIL USA. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.

 

3. Game Account

We strongly encourage you to create a Account because such an account:(a) enables us to contact you for customer support purposes even when you change your mobile device; and
(b) enables us to offer you various social network services
When creating a Account, you may be required to provide GAMEVIL USA with certain personal information. This information will be held and used in accordance with our Privacy Policy.
You may request us to delete your Account by contacting our customer support team. We will use commercially reasonable efforts to respond to your request. 

 

4. User Content

4.1. Your Representations and Warranties

“User Content” means any communications, images, sounds, and all the material, data, and information that you or other users upload, submit, or transmit through the GAMEVIL USA Service.

By transmitting, submitting, or posting any User Content while using the GAMEVIL USA Service, you affirm, represent, and warrant that such transmissions or submissions are (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions, or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; and (c) free of viruses, adware, spyware, worms, or other malicious code.

You acknowledge and agree that you are solely responsible for all User Content you post or otherwise transmit via the GAMEVIL USA Service. GAMEVIL USA assumes no responsibility for illegal contents or the conduct of any user submitting any User Content or for the failure of monitoring any User Contents that may be inappropriate under the GAMEVIL USA Policy.

You further acknowledge and agree that any of your personal information within such content will at all times be processed by GAMEVIL USA in accordance with its Privacy Policy.

 

4.2. License to Use User Content

You hereby grant GAMEVIL USA a worldwide, royalty-free, non-exclusive, and unlimited license to use any User Content that you upload, submit, or transmit through the GAMEVIL USA Service, including, without limitation, the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, and publicly perform. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. You may revoke such a license by giving a written notice to us at any time. In such a case, GAMEVIL USA will cease any use of the User Content within 3 months after receiving such a notice from you.

4.3. Content Screening

You acknowledge and agree that GAMEVIL USA may reject, refuse to post, delete, or edit any User Content for any reason at its sole discretion.

 

5. Fees and Purchase Terms

Some GAMEVIL USA Games may be described as a “free game” within the description page of App marketplaces. YOU MAY DOWNLOAD AND PLAY SUCH GAMES FREE OF CHARGE, BUT THEY MAY CHARGE REAL MONEY FOR ADDITIONAL GAME CONTENT.

YOU AGREE AND ACKNOWLEDGE THAT GAMEVIL USA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN A GAME ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Your purchase of Virtual Currency is final and is not refundable, exchangeable, and transferable, except in GAMEVIL USA's sole discretion. You agree to pay all fees and applicable taxes incurred by you. GAMEVIL USA may revise the pricing for the goods and services it licenses to you through the GAMEVIL Service at any time.

 

6. Your Responsibility in Using Service

You agree that, while using the GAMEVIL Service, you will not, under any circumstances: 
• send, post, transmit, or make available any material or information that may be abusive, threatening obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive; 
• stalk, harass, threaten, or defraud other GAMEVIL USA Service users or any members of GAMEVIL USA support personnel;
• use, develop, or distribute any robot, spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, mod, hack or the like, or any unauthorized third-party software designed to modify or interfere with or provide automated access to or use of the GAMEVIL USA Service;
• interfere with or disable any security-related features of the GAMEVIL USA Service, or any part thereof; 
• damage, disable, overburden, or impair the GAMEVIL USA Service, including, without limitation, by (a) sending, posting, transmitting or distributing anything that contains a virus, spyware, or other harmful material intended to damage or interfere with the GAMEVIL Service or (b) attempting to disrupt servers that relate to the GAMEVIL USA Service; 
• make improper use of GAMEVIL USA’s support services, including, without limitation, by submitting false abuse reports;
• misrepresent the source, identity, or content of information sent, posted, transmitted, or made available via the GAMEVIL USA Service; 
• create a false identity or impersonate another person or entity, including, without limitation, identities falsely indicating that you are a GAMEVIL USA official or representative, message board or community board moderator, another user or host, or that you are a celebrity or public figure; 
• decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any code, underlying ideas, or algorithms of any part of the GAMEVIL USA Service; 
• modify any part of the GAMEVIL USA Service without GAMEVIL USA’s prior written consent; 
• send, post, transmit, or make available any content or information that may infringe any person or entity’s intellectual property rights or other property or personal rights, including rights of privacy and publicity;
• buy, sell, trade, or advertise to sell any virtual currency or items or Game Account for commercial purposes;
• send, post, transmit, or make available any unsolicited or inappropriate content or other unsolicited or unauthorized commercial or promotional content, information, or communications without GAMEVIL USA’s prior written consent;
• develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs, or other “cheat utility” software programs or applications in violation of the applicable License Agreements;
• exploit, distribute, or publicly inform other members of any game error, miscue, or bug which gives an unintended advantage;
• attempt to collect any personal information about any GAMEVIL USA Service users or to disclose such information;
• share the password of the Account or other information that let anyone else access your Account; 
• access another GAMEVIL USA Service user’s Account without permission;
• assist, permit, or encourage any party in engaging in any of the activities described in the above listing; and
• use the GAMEVIL USA Service in any manner that may violate any applicable laws or regulations or is prohibited by the GAMEVIL USA Policy.

 

7. Third Party Advertising

GAMEVIL USA may feature advertisements from third parties or provide links on the GAMEVIL USA Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the GAMEVIL USA Service and/or benefits (such as virtual items or virtual currency). Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. GAMEVIL USA makes no representation or warranty regarding any content, goods, and/or services provided by any third party, and will not be liable for any claim relating to any third party content, goods, and/or services. The linked sites are not under the control of GAMEVIL USA and may collect data or solicit personal information from you. GAMEVIL USA is not responsible for their content, business practices, or privacy policies, or for the collection, use, or disclosure of any information those sites may collect.

 

8. SMS Notifications, Push Notifications, Local Notifications & e-Mail notification

We may send local or push notifications to your mobile device to make you aware of game updates, promotional events, new game information, and other relevant messages regarding the game service. You can manage push notifications from the “options” or “settings” page within the relevant game. You may also be able to manage them from your device’s settings page for the relevant game. 

Also, we may send e-mail to your e-mail account to make you aware of game updates, promotional events, new game information, and other relevant messages regarding the game service. If you do not want receive our e-mail notification, please contact us.

We will not send any SMS notification to your mobile device unless we obtain affirmative express consent from you in compliance with any applicable laws or regulations.

 

9. Copyright Notice

9.1. Infringement Notification

The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.

If you believe in good faith that any materials in GAMEVIL USA Games, or GAMEVIL USA branded websites may infringe your copyright-protected work under applicable copyright laws, you may provide an infringement notice to GAMEVIL USA’s designated agent set forth below. For your notice to be effective, it must include the following information:
(a) Reasonably sufficient details to enable us to identify the work claimed to be infringed as well as the material claimed to be infringing;
(b) Your contact information, including your address and email address;
(c) A statement that you have a good faith belief that the disputed 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 GAMEVILUSA’s designated agent is as follows:
GAMEVIL USA Inc.
999 N. Sepulveda Blvd. #450 El Segundo CA 90245 Email: contact@gamevilusa.com

 

9.2. Counter Notification

If your User Content or other information has been taken down by the above-infringement notification, you may send GAMEVIL USA’s designated agent a counter-notification that contains the following information:
(a) Identification of the material that has been removed or to which has been disabled and the location at which the material appeared before it was removed or disabled;
(b) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
(c) Your name, address, and email address; and
(d) Your physical or electronic signature.
Please bear in mind that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others.

 

10. User Interactions

10.1. Member Disputes 

You are solely responsible for your interactions with other users of the GAMEVIL USA Service. We may, at our sole discretion, attempt to mediate disputes between users, but are not obliged to become involved in any way with such disputes.

 

10.2. Release  

If you have a dispute with any users of the GAMEVIL USA Service, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, or data. If you are a California resident, you waive California Civil Code §1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

 

11. Suspension & Termination of GAMEVIL Service

GAMEVIL USA MAY LIMIT, SUSPEND, OR TERMINATE YOUR USE OF THE GAMEVIL SERVICE AND/OR GAME ACCOUNT IF WE HAVE A REASONABLE BELIEF THAT YOU FAIL TO COMPLY WITH ANY PORTION OF THE GAMEVIL USA POLICY. For the avoidance of doubt, the GAMEVIL USA POLICY apply to all users of the GAMEVIL USA Service.

GAMEVIL USA reserves the right to stop providing or supporting any part of the GAMEVIL USA Service or a particular game at any time either permanently or temporarily, at which point your license to use the GAMEVIL USA Service or a part thereof will be automatically terminated or suspended. In such an event, GAMEVIL USA is not required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the GAMEVIL USA Service.

 

12. Disclaimers & Indemnifications

12.1. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GAMEVIL USA SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE GENERALITY OF FOREGOING, NEITHER GAMEVIL USA NOR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES, OR LICENSORS (COLLECTIVELY, “GAMEVIL USA PARTIES”) ASSUME LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE GAMEVIL USA SERVICE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GAMEVIL USA SERVICE, (e) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE GAMEVIL USA SERVICE BY ANY THIRD PARTY, AND/OR (f) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAMEVIL USA SERVICE.

 

12.2. Disclaimers of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE) AND THAT GAMEVIL PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT GAMEVIL USA PARTIES, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, AND EMPLOYEES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD GAMEVIL PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL GAMEVIL PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID GAMEVIL IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

 

12.3. Indemnification

You agree to indemnify and hold harmless GAMEVIL USA Parties from any claims, losses, damages, or liabilities, including legal fees and expenses, arising out of (a) your use or misuse of the GAMEVIL USA Service, (b) any violation by you of the GAMEVIL USA Policy, or (c) any breach of the representations, warranties, and covenants made by you herein.

GAMEVIL USA may assume the defense of any matter for which you are required to indemnify GAMEVIL USA by sending notice of such an intention to you. You shall use best efforts to cooperate with GAMEVIL USA’s defense of these claims.

 

13. General Provision

13.1. Governing Law 

The laws of the State of California (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to the GAMEVIL USA Policy, including, without limitation, its validity, interpretation, construction, performance, and enforcement.

 

13.2. Mandatory Arbitration

If you have any claim arising out of this Agreement against us, we strongly encourage you to contact our customer support team to seek a resolution.

If both parties fail to reach a settlement within 30 calendar days after the first contact occurs, such a claim shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by ADR Services, Inc. (“ADR Services”). The arbitration shall be held before a sole arbitrator and shall be binding with no right of appeal. The arbitration shall be conducted pursuant to the ADR Services, Inc. Standard Arbitration Rules. The arbitration shall be commenced by filing a demand for arbitration with the administrator of ADR Services and serving the demand on the opposing party. The responding party may file a response and/or a counter-claim within fifteen (15) calendar days. If no response is filed, all the allegations of the demand shall be deemed denied.

The parties shall select an arbitrator by mutual agreement through ADR Services within thirty (30) calendar days of the date the demand for arbitration is filed. If the parties are unable to agree on the selection of an arbitrator within such time, the administrator of ADR Services, Inc. shall select an independent arbitrator. The costs of the arbitration, including the arbitrator’s fees, shall be borne equally by the parties to the arbitration, unless the arbitrator orders otherwise.

13.3. Class Action Waiver

Any claim must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). You expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. YOU ACKNOLWEDGE AND UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.

 

13.4. Entire Agreement

The GAMEVIL USA Policy is complete and exclusive understanding of you and GAMEVIL USA relating to your use of the GAMEVIL USA Service, and supersede all prior understandings of the parties hereto.

 

13.5. No Waiver

The failure of GAMEVIL USA to require or enforce strict performance by you of any provision of the GAMEVIL USA Policy or failure to exercise any right hereunder will not be considered a waiver or relinquishment of GAMEVIL USA’s right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by GAMEVIL USA in one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person.

 

13.6.  Force Majeure

GAMEVIL USA will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of GAMEVIL USA, including, without limitation, any failure to perform under the GAMEVIL Policy due to unforeseen cause beyond GAMEVIL USA’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cyber crimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials

 

13.7.  Severability

If any portion of the GAMEVIL USA Policy is determined to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions of the GAMEVIL USA Policy remain in full force and effect.