Terms of Service
Effective Date: November 26, 2019
The following Terms
of Service (¡°Terms¡±) are a legally binding agreement that rules the relationship
between GAMESPRING CO., LTD. (hereafter as ¡°GameSpring¡±, ¡°We¡±, ¡°Us¡±, ¡°Our¡±), and you, and your use of, including
but not limited to GameSpring¡¯s products, games, apps,
websites or platforms (henceforth ¡°Services¡±).
By using Our
Services, you acknowledge that you have read, understood and agreed to be bound
by these Terms. The use of Our Services is bound to Our Privacy Policy. If you do not agree to these Terms or with Our Privacy
Policy in their totality, you are prohibited from using any of Our Services.
BE AWARE THAT THESE
TERMS INCLUDE A MANDATORY ARBITRATION PROVISION, WHICH SPECIFIES
THAT ANY DISPUTE OR CONTROVERSY SHOULD BE RESOLVED BY ARBITRATION AND NOT ON A
CLASS-WIDE OR CONSOLIDATED BASIS. REVIEW IN DETAIL THE SECTION ¡°22. DISPUTE RESOLUTION BY BINDING
ARBITRATION¡± OF OUR
TERMS BEFORE USING ANY OF OUR SERVICES. YOU MAY OPT OUT OF THE ARBITRATION
PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF THE
AFOREMENTIONED SECTION.
OUR SERVICES ARE
STRICTLY FOR AMUSEMENT AND INFORMATIONAL PURPOSES ONLY. OUR SERVICES DO NOT
OFFER ANY REAL MONEY GAMBLING NOR ANY OPPORTUNITY TO WIN REAL MONEY NOR
ANYTHING OF REAL VALUE. NO REAL MONEY IS REQUIRED TO USE OUR SERVICES.
1. Modification to
the Terms
We reserve the right,
at Our exclusive discretion, to modify these
Terms at any time. Such modifications will be effective upon the date on which
they are posted in any of our Services. You acknowledge and agree that it is
your responsibility to review these Terms regularly for any possible
modification prior to the usage of Our Services. After any modification of
these Terms, your continued use of Our Services will be subject exclusively to
the updated Terms; you recognize that you will be constrained to such
modifications.
2. Restriction to our
Services
Our Services are
intended for those who are 21 years old or older. Nonetheless, you may be
authorized to use Our Services if you are at least 17 years old and if you are
not limited by local laws or other restrictions that may prohibit your use.
If you are 17 years
old or under the age of majority where you are located, you confirm that your
legal guardian has reviewed and agreed to these Terms.
Additionally, you may
not use Our Services if:
1. You do not agree to these Terms or Our Privacy Policy.
2. You have been previously banned from any of Our Services.
3. You are a convicted sex offender.
4. You are a Korean national, you are located in South
Korea, or you use a Korean mobile carrier.
5. You are located in or you are a resident of the State of
Washington in the United States of America.
3. Account
Registration
In order to use Our
Services, you may be asked to create a user account and provide certain
personal information, which may include but is not limited to your name, e-mail
address, username, Facebook app ID, and device ID. The information you provide
to Us, will be protected in accordance with
Our Privacy Policy.
When creating your
account, you must provide truthful and accurate information to Us. Additionally, you should promptly update your
information in the case of any changes. We reserve the right to suspend or
terminate your account and/or restrict your ability to access to any of Our
Services if We suspect or detect that the
information provided is inaccurate, not current or incomplete.
We reserve the right
to limit the number of accounts a user can create. You may not create more than
one account per each of our Services. At Our sole discretion, that limit may be
modified.
You are solely
responsible for the security of and all activities on any of your GameSpring
accounts, including purchases. You are exclusively responsible for any activity
conducted on your account, regardless of whether or not those activities were
made by you.
GameSpring is not
liable for any loss or damage arising from your failure to comply with any of
your obligations contained in these Terms. You agree to indemnify and hold
GameSpring, their respective employees, contractors, officers, directors, and
agents harmless for any illegal or improper use of any of your GameSpring
accounts.
We reserve the right
at any time to suspend or terminate your GameSpring account at Our sole discretion and without any liability.
4. No Purchase
Requirement
We will never require
you to make any purchase of any kind in your use of Our Services. Some of Our
Services may require virtual "coins", "points" or ¡°chips¡± (hereafter ¡°Virtual Currency¡± or ¡°Virtual Currencies¡±) in order to play.
Initially, a certain quantity of those Virtual Currencies will be provided to
you on your first login to some of Our Services and again after determined
periods of time. When you exhaust your supply of the necessary Virtual
Currencies, you may be provided with the opportunity to elect to purchase
additional Virtual Currencies and continue to play (SUCH PURCHASE IS NOT
REQUIRED NOR MANDATORY) or you may opt to wait until additional free Virtual
Currency is available to you. VIRTUAL CURRENCY IS LICENSED TO YOU FROM
GAMESPRING FOR YOUR USE IN OUR SERVICES, SUBJECT TO THE LIMITATIONS AND OTHER
TERMS SET OUT BELOW.
5. Virtual Items,
Ownership, and License
Subject to your
agreement and continued compliance with Our Terms, We grant you a personal,
non-exclusive, non-transferable, non-sublicensable,
revocable, limited scope license to access and use of Our Services. Use of Our
Services shall be exclusively for your own, private, non-commercial
entertainment purposes and for no other purpose whatsoever, without prior
written approval from Us. Our Terms do not grant
you or any other party any right, title or interest in the Service or any
content in the Service. You hereby accept that your license to use Our Services
is limited by Our Terms, and, if you violate or if, at any point, you do not
agree to any of Our Terms, your license to use the Services shall be
immediately terminated, and you shall immediately refrain from using the
Services. If the Services or any part thereof is determined to be illegal under
the laws of the country in which you are situated, you may not be granted any
license to use Our Services and must refrain from using Our Services.
You do not own any
account that you create while using Our Services; your account is not your
property. Likewise, you do not own any Virtual Currencies that you acquire
while using Our Services, regardless of whether you ¡°earned¡± those
Virtual Currencies or ¡°purchased¡± them. YOUR ACCOUNT AND
VIRTUAL CURRENCIES ARE OWNED BY GAMESPRING. WE GIVE YOU A LIMITED LICENSE AND
RIGHT TO USE YOUR ACCOUNT AND ACQUIRED VIRTUAL CURRENCIES WHILE WE OFFER THOSE
SERVICES.
You acknowledge that
while you may ¡°earn¡± or ¡°purchase¡± Virtual Currencies in our Services, you do not legally ¡°own¡± the Virtual Currencies and the
amounts of any Virtual Currencies do not represent any type of credit balance
or real currency or hold any equivalent value. Any Virtual Currency balance
shown in your account does not constitute a real-world balance nor reflect any
stored value, but instead represents a measurement of the extent of your
limited license.
GameSpring has no
liability for hacking or any other loss of any of your Virtual Currency.
Additionally, We do not have any obligation,
and We will not, reimburse you for any Virtual Currency lost due to any
violation of these Terms or by any other reason. You acknowledge and agree that
all ¡°sales¡± of Virtual Currency are final and that GameSpring is not
required to provide a refund for any reason.
Other than a limited,
personal, revocable, non-transferable, non-sublicensable license
for use of the Virtual Currency within Our Services, you have no right or title
in or to any such Virtual Currency originating from Our Services or any other
attributes associated with use of Our Services.
GameSpring has the
absolute right to manage, regulate, control, modify and/or eliminate such
Virtual Currency as it sees fit in its sole discretion within the scope
afforded to it by relevant laws. Furthermore, GameSpring shall have no
liability to you or anyone for the exercise of such rights.
You are not allowed
to transfer or attempt to transfer any Virtual Currency inside or outside of
the Services (e.g. in the ¡°real
world¡±) for example by selling, gifting, or trading
them. We will not recognize those transfers as valid. YOU ARE NOT ALLOWED TO
SUBLICENSE, TRADE, SELL, OR ATTEMPT TO SELL VIRTUAL CURRENCY FOR ¡°REAL¡± MONEY, OR EXCHANGE VIRTUAL
CURRENCY FOR VALUE OF ANY KIND. Any such transfer or attempted transfer is
prohibited and invalid, and failing to comply with this provision may cause the
termination of any/all accounts you have with Our Services.
Virtual Currency has
no real monetary value, and cannot be refunded or exchanged for cash or
anything else of tangible value.
GameSpring reserves
the right at its own discretion to withdraw, revoke or withhold Virtual
Currency at any time.
5. Violation of these
Terms
If you violate any of
the dispositions contained in these Terms, We reserve the right, at Our sole discretion, to immediately terminate your
participation and any account you have in any or all of Our Services. You agree
that We are not required to notify you prior
to terminating any account.
6. Privacy
Your privacy is of
paramount importance to us. For more information on how we collect, use, share
and protect your personal information, please refer to our Privacy Policy.
7. Rules of Conduct
You acknowledge that
you have full rights and authority to use Our Services and to be bound by these
Terms. You agree that you will comply fully with all applicable laws,
regulations, statutes, ordinances, and the Terms herein.
You undertake that
you shall not defraud, or attempt to defraud, GameSpring or other users of Our
Services, and that you shall not act in bad faith in your use of Our Services.
If GameSpring determines that you attempted to/or violated GameSpring¡¯s Terms, or if GameSpring determines
that your actions fall outside of reasonable community standards, GameSpring
may, at its sole discretion, terminate your account and prohibit you from using
Our Services.
Without limitation,
the following actions are examples of behavior that violate these Terms:
1. Creation of an account or access to any of our Services
whilst not meeting the necessary age described in section 2 of these Terms.
2. Posting, transmitting, promoting, or distributing any
content that is vulgar, violent, indecent, obscene, pornographic, illegal or
otherwise offensive or that contains a link to such content.
3. Harassing or threatening any other user of our Services
or any employee of GameSpring.
4. Impersonating another person or entity.
5. Pretending to be a GameSpring employee or a
representative of GameSpring, or attempting to mislead users by indicating that
you represent GameSpring in any way.
6. Using our Services for any commercial purpose or for the
benefit of any third party.
7. Modification, reverse-engineering, or other manipulation
of any of Our Services.
8. Obtaining or attempting to obtain passwords or other
private information from any user of Our Services.
9. Transmitting any data, materials, content or information
which is libelous, defamatory, obscene, fraudulent, false or contrary to the
ownership or intellectual property rights of any other person, or otherwise
unlawful.
10. Uploading or transmitting files that contain viruses,
Trojan horses, worms, time bombs, or any other malicious or invasive code,
program or files, or any other similar software or programs that may damage the
operation of Our Services or the users of Our Services.
11. Posting messages for any purpose other than personal
communication, including without limitation advertising, promotional materials,
chain letters, pyramid schemes, political campaigning, soliciting funds, mass
mailings and sending "spam", or making any commercial use of Our
Services.
12. Disrupting the normal flow of dialogue, or otherwise
acting in a manner that negatively affects or disrupts other users.
13. Improperly using any Services support functions or
complaint buttons, or making false complaints or other reports to GameSpring
representatives.
14. Posting or communicating any user's real-world personal
information within Our Services.
15. Using or launching any automated system, including,
without limitation, any spider, bot, cheat utility, scraper or offline reader
in access of Our Services, or using or launching any unauthorized script or
other software.
16. Using a false e-mail address or otherwise disguising the
source of any content that you submit within Our Services, or using tools which
anonymize your Internet Protocol address.
17. Interfering or circumventing any of Our Service¡¯s security features or any other feature
that restricts or enforces limitations on use or access to Our Services.
18. Attempting to sell any content within Our Service,
including, without limitation, any Virtual Currency, accounts and access to
them in exchange for real currency or items of monetary or other value.
19. Fraudulently acquiring Virtual Currency.
20. Renting, leasing, selling, trading, or otherwise
transferring or sharing your account to or with anyone without GameSpring¡¯s written authorization.
21. Accessing or using an Account which has been rented, leased,
sold, traded, gifted, bequeathed, or otherwise transferred from the account
creator without GameSpring¡¯s
written authorization.
22. Exploiting or distributing knowledge of any game error or
technical glitch or engaging in cheating or any other activity that GameSpring
deems to be in conflict with the spirit of Our Service, including but not
limited to attempting to access one time promotions more than once.
8. Intellectual
Property Rights
GameSpring retains
all rights in the content within Our Services (including, but not limited to,
applications, software, designs, graphics, text, information, pictures, video,
sound, music, and other files, and their selection and arrangement)
(collectively, the ¡®Content¡±).
The Content is
protected by applicable copyright, trade dress, and trademark laws,
international conventions, and other laws protecting intellectual property and
related proprietary rights. You are only allowed to use the Content in
connection with your use of Our Services for personal, noncommercial, and
entertainment purposes.
The Content shall not
be used by you in any other way, or for any other purpose, without Our express written permission, except as provided for
herein.
You herby understand
and agree that you do not acquire any ownership rights by using the Services or
by accessing any of the Content. Any unauthorized use by you of the Content may
violate copyright laws, trademark laws, and other applicable legislation.
All other trademarks,
registered trademarks, product names and company names or logos mentioned in
Our Services are the property of their respective owners, who may or may not be
affiliated with or connected to Us. If you fail
to comply with these Terms, other content owners may enforce their rights
against you. Reference to any products, services, or other information by trade
name, trademark, manufacturer, and supplier or otherwise, does not constitute
or imply endorsement, sponsorship or recommendation by Us.
In the event that
legal action is taken against GameSpring, one of its Affiliates or their
respective employees, contractors, officers, directors, shareholders, agents,
representatives, vendors, or content providers as a consequence of your actions
or omissions in violation of these Terms, you agree to indemnify and hold
harmless all of the foregoing.
9. Feedback and
unsolicited ideas
GameSpring welcomes
your feedback, comments, and suggestions for improvements to Our Service
(hereafter ¡°Feedback¡±). You can submit your Feedback by emailing Us at support@gamespring.co.kr. You acknowledge and agree that all Feedback will be the
sole and exclusive property of GameSpring and you hereby irrevocably assign to
GameSpring and agree to irrevocably assign to GameSpring all of your rights,
titles, and interest in all Feedback, including without limitation all
worldwide patents, copyrights, trade secrets, trademarks, moral rights and
other proprietary or intellectual property rights therein.
Any communications,
material or information you transmit to GameSpring by electronic mail or
otherwise, including any data, questions, comments, suggestions, or similar,
are and will be treated as, non-confidential and non-proprietary.
GameSpring is free to
use, reproduce, modify, disclose, transmit or post any ideas, concepts,
know-how or techniques contained in any communication you send to GameSpring
for any purpose whatsoever including, but not limited to, developing,
manufacturing and marketing products using such information, without any
compensation to you or acknowledgment that you were the source of such
materials.
10. Communication
Channels
Our Services may
offer communications channels such as forums or chat areas (¡°Communication Channels¡±) designed to allow you to communicate with other users of the
Services. We do not have any obligation to monitor these Communication Channels
but We may choose to do so, and We reserve the right to review chats or
materials posted to the Communication Channels, and to our own discretion
delete any chats or posted materials, at any time, with or without notice and
for any reason.
We may also suspend
or ban your access to any Communication Channels at any time, without notice,
and without declaring any reason.
You understand and agree
that chats or materials posted by users on the Communication Channels are
neither endorsed, promoted, nor controlled by GameSpring and these
communications should never be considered reviewed or approved by Us. You will
be solely responsible for your activities within the Communication Channels and
under no circumstances will GameSpring be liable for any activity that occurs
within the Communication Channels.
You acknowledge that
all your activities within the Communication Channels are public, and you have
no expectation of privacy regarding your use of the Communication Channels. We
are not responsible for the information that you choose to share on the
Communication Channels, or for the actions of other users of Our Services.
11. Updates of the Services
Our Services are
constantly evolving, and for that reason We reserve the right, at any moment
and from time to time, temporarily or permanently, with or without notice, in
whole or in part, to the extent legally permissible: including without limitation,
modifying or discontinuing any of Our Services; modifying or removing any of
the information contained in the Services; modifying and/or waiving any fees
charged in connection with the Services; limiting the Services available to any
person, geographic area, or jurisdiction We choose.
In the case that the
aforementioned occurs, GameSpring is not required to provide any kind of
refund, benefit or other compensation.
You agree and
acknowledge that GameSpring will not be liable to you or to any third party for
any modification, suspension or discontinuance of Our Services, in whole or in
part. Your continued use of the Services after such changes will indicate your
acceptance and acknowledgement of such changes in Our Services and/or in the
Terms.
12. Third Party Links
and Third Party Content and Services
Any and all software,
content and services (including advertising) within Our Services that are not
owned by Us are "third party
content and services." We act merely as an intermediary service
provider of, and accept no responsibility or liability for, third party content
and services. In addition, and without limitation on the generality of the
aforementioned third party content and services. Our Services may include links
to sites operated by third parties, including advertisers and other content
providers. Those sites may collect data and/or solicit personal information
from you. We do not control such sites, and We are
not responsible for their content, policies, or their collection, use or disclosure
of any information.
13. Severability
In the event that any
of the provisions contained in these Terms is declared invalid by a court of
competent jurisdiction, such provision shall be ineffective only to the extent
of such invalidity, so that the remainder of that provision and all other
provisions of these Terms shall be valid and enforceable to the fullest extent
permitted by applicable law.
14. Warranty
Disclaimer
GameSpring makes no
promises or guarantees that the Services or any content on them will always be
available, uninterrupted, or error-free. At Our own discretion, We may suspend, withdraw, or restrict the accessibility
of all or part of our Services.
USE OF OUR SERVICES
IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN ¡°AS IS¡± BASIS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, GAMESPRING MAKE NO WARRANTIES,
CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT OUR
SERVICES. GAMESPRING DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES,
CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET
ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
You agree that the
use of Our Services is at your sole risk. GameSpring makes no warranties about
the accuracy or completeness of the content of Our Services and assumes no
liability or responsibility for, including but not limited to, any of the
following:
1. Errors, mistakes, or inaccuracies of content in Our
Services.
2. Personal injury or property damage of any nature
whatsoever, resulting from your access and use of Our Services.
3. Any unauthorized access to or use of GameSpring¡¯s servers and/or any and all personal
information and/or financial information stored therein.
4. Any interruption or cessation of transmission to or from
Our Services.
5. Any bugs, viruses, Trojan horses, or the like which may
be transmitted to or through Our Services by any third party.
6. Any 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 Services.
If your state or
country does not allow any of the above disclaimers, that disclaimer does not
apply to you. All other disclaimers will remain enforced.
15. Liability
YOU ACKNOWLEDGE THAT
GAMESPRING IS NOT LIABLE:
1. 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, OUR SERVICES; OR
2. FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS
OF OUR SERVICES AND OPERATORS OF EXTERNAL SITES.
THE RISK OF USING OUR
SERVICES AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY
FROM OUR SERVICES AND EXTERNAL SITES.
TO THE FULLEST EXTENT
ALLOWED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY IN THESE TERMS
APPLY TO ALL DAMAGES OR INJURY CAUSED BY OUR SERVICES, OR RELATED TO USE OF, OR
INABILITY TO USE, OUR SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION,
INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF
CONTRACT, OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT
PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF GAMESPRING IS LIMITED
TO THE TOTAL AMOUNT YOU HAVE PAID GAMESPRING IN THE NINETY (90) DAYS
IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID
GAMESPRING ANY AMOUNT IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON
WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE
AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GAMESPRING IS TO STOP USING THE
SERVICES AND TO CLOSE YOUR ACCOUNT.
Some states or
countries do not allow the exclusion of liability described above, which means
these limitations/exclusions may not apply to you if you reside in one of those
states or countries. In that scenario, GameSpring¡¯s liability shall be limited to the full extent
permitted by the law of such jurisdiction.
16. Digital
Millennium Copyright Act
In accordance to the
Digital Millennium Copyright Act (¡°DMCA¡±) and other applicable laws, We have
implemented a policy of terminating, when applicable, any unlawful use of other¡¯s
intellectual property rights.
If you believe that
your copyrighted work has been used, copied, reproduced, displayed, duplicated,
performed, distributed, or otherwise infringed without your authorization and
is available on any of Our Services in a way that may constitute copyright
infringement, you may provide notice of your claim to GameSpring¡¯s Designated Agent listed below. For
your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed;
2. A description of the copyrighted work that you claim has
been infringed upon;
3. A description of where the material that you claim is
infringing is located;
4. Information reasonably sufficient to permit GameSpring to
contact you, such as an address, telephone number, and, if available, an e-mail
address at which you may be contacted;
5. A statement by you that you have a good-faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the
law; and
6. A statement that the information in the notification is
accurate and, under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Please note that if
you knowingly misrepresent any activity or material in Our Services as being in
infringement, you may be liable to GameSpring for certain costs and damages.
GameSpring's
Designated Agent is:
GameSpring, Co., LTD.
Attn: Legal Department
Address: 23, Gangnam-daero 84-gil, Gangnam-gu, Seoul, Republic of Korea
17. Indemnification
You agree to defend,
indemnify and hold harmless GameSpring and their employees, contractors
officers, directors, shareholders, agents, representatives, and content
providers from and against any and all liabilities, claims and expenses,
including attorneys¡¯ fees,
that arise from a breach of these Terms for which you are responsible, or in
connection with your transmission of any content to, on or through any of Our
Services.
You acknowledge that
you will be personally responsible for your use of Our Services and all of your
communication and activity on or through Our Services, including any Content
you contribute.
You agree that you
will indemnify and hold harmless GameSpring from any liability or damages
arising from your conduct on Our Services, including any Content that you
contribute.
We reserve the right,
at Our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you.
18. Headings
Section headings in
these Terms are for convenience and ease of reference only and shall not affect
the interpretation of any provision of these Terms.
19. Assignment
GameSpring may assign
or delegate these Terms, and Our Privacy Policy, in whole or in part, to any
person or entity at any time with or without your consent. Nonetheless, you may
not assign or delegate any of your rights and obligations under these Terms
without GameSpring¡¯s
written approval; any unauthorized attempt to do so without GameSpring¡¯s consent is invalid and ineffective.
20. Force Majeure
GameSpring shall not
be liable for any loss or damage resulting from delays in performance or from
failure to perform or comply with these Terms due to any causes beyond its
reasonable control, which causes include but are not limited to, acts of God,
riots and insurrections, war, accidents, fire, strikes and other labor
difficulties, embargoes, or acts of civil or military authorities.
21. Applicable Law,
Jurisdiction and Venue
These Terms are
governed by and construed in accordance with the laws of the Republic of Korea.
You
and GameSpring irrevocably consent to the exclusive jurisdiction and
venue of Seoul, Republic of Korea, for all disputes arising out of or relating
to these Terms, the subject matter of these Terms, or your access to and use of
any GameSpring Service.
22. Dispute
Resolution by Binding Arbitration
PLEASE READ THIS
"DISPUTE RESOLUTION BY BINDING ARBITRATION" PROVISION CAREFULLY,
BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH GAMESPRING AND IT LIMITS THE
MANNER IN WHICH YOU CAN SEEK RELIEF.
THIS PROVISION
PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION
AGAINST GAMESPRING. IT ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING
RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION
AGAINST GAMESPRING BY SOMEONE ELSE. IN ADDITION, ARBITRATION PRECLUDES YOU FROM
SUING IN COURT OR FROM HAVING A JURY TRIAL.
WHETHER TO AGREE TO
ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU
SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THIS AGREEMENT, AS IT IS
NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF
ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND
TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION. YOU MAY OPT
OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS BELOW.
Any disputes out of
or in connection with these Terms shall be finally settled by arbitration in
accordance with the International Arbitration Rules of the Korean Commercial
Arbitration Board.
The number of
arbitrators shall be one. The seat, or legal place, of arbitral proceedings
shall be Seoul, Republic of Korea. The language to be used in the arbitral
proceeding shall be English.
Scope of Arbitration Provision. You and GameSpring agree that any dispute, claim or
controversy arising out of or relating to your access to or use of any
GameSpring Services or to these Terms (including without limitation any dispute
concerning the breach, enforcement, construction, validity, interpretation,
enforceability, or arbitrability of these
Terms) (a "Dispute"), shall be determined by arbitration, except
that you and GameSpring are NOT required to arbitrate any Dispute in which
either party seeks equitable and other relief for the alleged unlawful use of
copyrights, trademarks, trade names, logos, trade secrets, or patents.
Location of Arbitration and Applicable Rules. You and GameSpring agree that such
arbitration shall occur in Seoul, Republic of Korea. You and GameSpring agree
that such arbitration shall be conducted by a single arbitrator in accordance
with the rules of the International Arbitration Rules of the Korean Commercial
Arbitration Board.
Authority of Arbitrator. With the exception of class procedures and remedies
as discussed below under "Waiver of Class Relief," the arbitrator
shall have the authority to grant any remedy that would otherwise be available
in court.
Confidentiality. You and GameSpring shall maintain the confidential
nature of the arbitration proceedings and the arbitration award, including the
arbitration hearing, except as may be necessary to prepare for or conduct the
arbitration hearing on its merits, or except as may be necessary in connection
with a court application for a preliminary remedy, a judicial challenge to an
award or its enforcement, or unless otherwise required by law or judicial
decision.
Allocation of Arbitration Fees. If you assert a Dispute as a consumer, you will be
required to pay arbitration fees established on the International Arbitration
Rules of the Korean Commercial Arbitration Board in connection with any
arbitration under this section. Each of the parties shall bear all of its own
costs of arbitration, except that the fees of the arbitrator shall be divided
equally between the parties.
WAIVER OF CLASS RELIEF. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN
COURT, YOU AGREE THAT YOU AND GAMESPRING WILL NOT COMMENCE AGAINST THE OTHER A
CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR
PROCEEDING. YOU AND GAMESPRING ARE EACH WAIVING RESPECTIVE RIGHTS TO A
TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Procedure to Opt Out of Arbitration Provision. You may opt out of this arbitration provision only
by notice via email to contact@gamespring.co.kr. You must send such notice
within thirty (30) days of your acceptance of these Terms. You must
sign and date the notice, and include in it your name, address, telephone
number, email address, account and a clear statement that you do not wish to
resolve disputes with GameSpring through arbitration. If you do not follow this
procedure by your thirty (30) day deadline to do so, then you and GameSpring
shall both be bound by the terms of this section entitled ¡°Dispute Resolution by Binding
Arbitration.¡± If you opt out of these arbitration provisions
GameSpring, also will not be bound to them.
If any portion of
this section entitled "Dispute Resolution by Binding Arbitration" is
determined by a court to be inapplicable or invalid, the remainder shall
maintain its full force and effect.
Survival. This section 22 shall survive termination of these Terms.
23. Statute of
Limitations
You and GameSpring
agree that any action, regardless of form, arising out of or related to Our
Services and/or these Terms or Privacy Policy must commence within ONE (1) YEAR
after the cause of action accrues, otherwise such action is permanently barred.
24. Entire Agreement
These Terms,
including, without limitation, the Privacy Policy constitute the entire
agreement and understanding between you and GameSpring with respect to the
subject matter of these Terms, and supersede all prior or contemporaneous
agreements or understandings, written or oral, concerning such subject matter
between you and GameSpring. Nothing in this subsection will prevent GameSpring
from modifying these Terms at its own discretion.
25. Contact
If you have any
questions regarding these Terms, you may contact us
at: contact@gamespring.co.kr