END-USER LICENSE AGREEMENT
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING KURTZPEL (THE “GAME SOFTWARE”). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY KOG CO., LTD, LOCATED AT 14F , GYOBO BLDG., 586, GUKCHAEBOSANG-RO, JUNG-GU, DAEGU, REPUBLIC OF KOREA AND ITS AFFILIATED COMPANIES (COLLECTIVELY, “KOG”).
YOUR USE OF THE GAME SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I ACCEPT” to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I DO NOT ACCEPT” and KOG shall not grant to you the License (defined below) to the Game Software.
LIMITED USE LICENSE
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by KOG or its licensors.
The Game Software is protected by the copyright laws of the Republic of Korea, international copyright treaties and conventions, Korean and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software may contain certain materials licensed by KOG from others, and KOG and KOG’s licensors will protect their rights in the event of any violation of this Agreement.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from KOG, use, advertise or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) without a separate, additional license from KOG, use the Game Software or permit the use of the Game Software, on more than one computer, game console, handheld device or PDA at the same time;
(c) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by KOG in writing;
(d) make copies of the Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for non-commercial backup and reference only;
(e) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game Software or any copies without the express prior written consent of KOG. Notwithstanding the foregoing, you may permanently transfer all of your rights and obligations under the License to another person for non-commercial use by physically transferring the original Game Software media (e.g., the CD-ROM or DVD you purchased), all original packaging and all manuals or other documentation distributed with the Game Software; provided, however, that you permanently delete all copies and installations of the Game Software in your possession or control, and that the recipient agrees to the terms of this Agreement. You shall be solely responsible for any taxes, fees, duties, withholdings, charges and assessments that may be due in connection with such transfer.
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of KOG and/or its licensors on creation, in any event);
(g) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software;
(h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software;
(i) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations; or
(j) create data or executable programs that mimic data or functionality in the Game Software.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game Software.
GAME SOFTWARE UPDATES AND PATCHES
KOG may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. KOG may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to KOG the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game Software” shall also include all such patches, updates and modifications.
THE SOFTWARE AND SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOG HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting any of the foregoing, KOG does not ensure continuous, error-free, secure or virus-free operation of the KOG Services or Your Account. Some states or countries do not allow the disclaimer of implied warranties, and the foregoing disclaimer may not be applicable to You. This warranty gives You specific legal rights, and You may also have other legal rights that vary from state to state or from country to country.
LIMITATIONS ON DAMAGES
IN NO EVENT SHALL KOG OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF KOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL KOG OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. KOG’S TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TERM AND TERMINATION
Without prejudice to any other rights of KOG, the License shall remain in effect for as long as you use, operate or run the Game. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying the Game Software and uninstalling it from your computer(s) or other applicable hardware. The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “Injunction,” “Indemnity,” “DISPUTE RESOLUTION,” and “Miscellaneous” shall survive any termination of this License.
Because KOG would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that KOG shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
You agree to indemnify, defend and hold harmless KOG, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
If a dispute arises between You and KOG, our goal is to provide You with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, You and KOG agree to resolve any claim or controversy at law or in equity that arises from or relates to this Legal Agreement or our service (a “Claim”) in accordance with one of the subsections below.
The Legal Agreement and the relationship between You and KOG shall be governed in all respects by the laws of the Republic of Korea without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
You agree that KOG is allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than Ten Thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All Claims you bring against KOG must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section will be considered improperly filed. If You file a Claim contrary to this Dispute Resolution Section, KOG may recover attorneys’ fees and costs up to One Thousand U.S. Dollars ($1,000.00 USD), provided that KOG notifies You in writing of the improperly filed Claim and You fail to promptly withdraw the Claim.
KOG reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the website http://www.kurtzpel.com and/or will communicate such changes through the Steam service. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
This Agreement represents the complete agreement between you and KOG concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and KOG (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
If you have any questions concerning this Agreement or the License contained therein, you may contact KOG at 14F , GYOBO BLDG., 586, GUKCHAEBOSANG-RO, JUNG-GU, DAEGU, REPUBLIC OF KOREA, Attn. Admin Department.
TERMS OF SERVICE
Effective Date: 19th of November 2018
1. UPDATING SERVICES AND TERMS
1) Terms of Service can be found at any time, hosted on the Company’s website.
2) The Company may change these Terms and Conditions at any time, with or without notice, to the extent that is consistent with all applicable laws and regulations.
3) You are responsible for checking this page regularly to make note of any changes. Your continued use of the Services means that you accept and agree to any respective changes of the Terms of Service.
2. PROHIBITED USES
The Company provides Service to users for personal, non-commercial and entertainment purposes only. You agree not to violate the terms and conditions set in this Terms of Service agreement. Violation of any criteria in this agreement can result in and up to permanent suspension of the service in accordance with the terms and conditions. You agree to only use the Service, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from KOG, use, advertise or exploit in any manner the Game or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) without a separate, additional license from KOG, use the Game or permit the use of the Game, on more than one computer, game console, handheld device or PDA at the same time;
(c) use the Game, or permit use of the Game, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by KOG in writing;
(d) make copies of the Game or any part thereof, except that you may make one (1) copy of the Game for backup or archival purposes, or make copies of the materials accompanying the Game for non-commercial backup and reference only;
(e) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game or any copies without the express prior written consent of KOG. Notwithstanding the foregoing, you may permanently transfer all of your rights and obligations under the License to another person for non-commercial use by physically transferring the original Game media (e.g., the CD-ROM or DVD you purchased), all original packaging and all manuals or other documentation distributed with the Game; provided, however, that you permanently delete all copies and installations of the Game in your possession or control, and that the recipient agrees to the terms of this Agreement. You shall be solely responsible for any taxes, fees, duties, withholdings, charges and assessments that may be due in connection with such transfer;
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game, in whole or in part (except when applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of KOG and/or its licensors on creation, in any event);
(g) remove, disable or circumvent any security protections or any technical measures that control access to the Game;
(h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game;
(i) export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations;
(j) create data or executable programs that mimic data or functionality of any aspect of the Game;
(k) steal and/or publish information from others (including but not limited to personal information, non-personal information and payment information);
(l) impersonate KOG Co., Ltd, KOG GAMES Inc or our staff;
(m) harm the reputation of the Company, our affiliates, our service providers and licensors as well as the Game;
(n) post, link to, advertise, promote, or transmit anything that is illegal, harmful, threatening, abusive, inappropriate, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, hateful, or racially or ethnically offensive;
(o) take advantage of or exploit the company or other end users in any way;
(p) use the Service as a manner that is related (implied or otherwise) to gambling or any action that negatively impacts the delivery of the Service;
(q) exploit errors in design and/or bugs found while playing the game;
(r) access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use (in Company’s sole judgment);
(s) use / develop / advertise / trade / distribute;
• programs that intercept communication between a game and a game server;
• any unauthorized third party programs or hardware devices that may affect the game or normal game play, including but not limited to: Keyboard and mouse controls, hacks, cheats, helpers, bots, scripts, trainers, automatic input entry or keyboard entry programs, automatic mouse input, macro functions of any kind, programs that collect or modify game data, and unapproved programs of any kind that read and/or decrypt game memory/information in any capacity.
(t) disrespect or use offensive, or inappropriate language towards other end users or any member of the Company. This includes and is not limited to any language based on race, color, creed, religion, gender, nationality, sexuality or gender identity;
(u) create offensive or inappropriate in-game/nicknames, or names that may elicit inappropriate or illicit imagery;
(v) interfere or obstruct intended gameplay design;
(w) intentionally team up with other players or teams (collude) in ways that undermine the intended design of the KURTZPEL completive game systems. This applies to all respective KurtzPel game modes;
(x) stalk, (harass and/or follow without permission) other players from match to match;
(y) manipulate the results or undermine the competitive integrity of the game in any capacity;
Furthermore, you agree that you shall abide by all safety information, maintenance instructions and all other relevant notices contained in all notices and agreements included with the Game.
3. ACCESSING THE SERVICE
1) As a general rule, the service of the game is accessible for 24 hours a day throughout the year.
2) Notwithstanding the provision of paragraph 1, the Company will not be liable For any delay or failure to perform resulting from any cause outside the reasonable control of the Company, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cybercrimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials
3) We may amend the Service or restrict access (including cancellation, termination, modification or suspension of a user’s license) from all or specific users without notice and liability. Additionally, the Service may be unavailable depending on geographic location.
1) You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game, and any related documentation) are owned by KOG or its licensors.
Any and all Player Content submitted to The Company shall be deemed, and shall remain, the property of The Company from the moment such Player Content is created. The Company shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all Player Content of every kind and nature, in perpetuity throughout the world. To the extent that any of the above may be void or unenforceable, you agree that any and all Player Content is hereby irrevocably assigned to The Company, together with all intellectual property rights therein. To the extent any of the Player Content is not assignable, by submitting Player Content to The Company, you agree that The Company shall be irrevocably entitled, directly or indirectly throughout the world and in perpetuity, to modify, adapt, use, reproduce, license, publish, broadcast, perform, sell, translate, create derivative works from and distribute any Player Content for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider or author of the Player Content. You also give up any claim that any use by The Company of any Player Content violates any of your rights, including but not limited to moral rights, rights of privacy, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.
The Game is protected by the copyright laws of the Republic of Korea, international copyright treaties and conventions, Korean and common law trademark laws, and other laws. All rights are reserved worldwide. The Game contains certain materials licensed by KOG from others, and KOG and KOG’s licensors may protect their rights in the event of any violation of this Agreement.
2) The Company possesses ownership of all rights (licensing rights and all other rights) to all content related to all aspects of the game. You have the right to provisional access of the provided in-game data (items, game currency, etc) and/or similar content in accordance with Terms of Service Agreement. However, you do not own any rights to the in-game data you may be given access to or possess. You are not allowed to transfer, sell, donate, or attempt to trade any part of any virtual property belonging to KOG outside of the Game’s provided mechanics. Outside trade or sale is not permitted except in the case of acquiring a written approval from the Company and any actions violating ownership may be subject to penalty in accordance with the Terms of Service, Rules of Conduct and local law.
5. DISCLAIMERS & INDEMNIFICATIONS
By using the Service, you agree to defend, protect, indemnify and hold harmless the Company from any claims, lawsuits, damages, losses, liabilities and expenses (including attorneys’ fees) arising out of or in conjunction with the use or misuse of the Service or violation of the Company’s policy. The Company reserves the right to assume exclusive defense and control over all matters subject to indemnification by users.
1) The Company shall be exempted from any liability for any interruption of the service, the use of the service, or termination of the contract due to user’s fault.
2) The Company shall be exempted from any liability if a user’s telecommunications provider ceases or fails to provide telecommunication service. Users shall be liable for any damages incurred during failure of telecommunication service unless there is intentional or gross negligence on behalf of the telecommunication provider company.
3) The Company shall be exempted from liability of any unavoidable reason that may cause Service failure, such as maintenance, replacement, regular inspection, construction, etc. unless there is intentional or factual negligence by the Company.
4) The Company is exempted from liability for any problems caused by the user’s computer or problems related to the network environment unless there is intentional or factual negligence by the Company.
5) The Company shall be exempted from liability for the contents of the information, data, facts, reliability, accuracy, etc. posted or transmitted by the user or a third party in the service or on the website of the company, unless there is intentional or factual negligence by the Company.
6) You are solely responsible for your interactions with other users and/or third parties when using the Service. We may, at our sole discretion, attempt to mediate disputes between users, but we are not obligated to become involved or become liable in any way with such disputes.
7) In the case of any Service provided free of charge by the Company, the Company shall not be liable for damages unless there is intentional or factual negligence by the Company.
8) Some of the services may be provided by other service providers, and the company is exempted from liability of any damages caused by other services providers, unless there is intentional or factual negligence by the Company.
9) The Company shall not be liable when users fail to receive expected result of the in-game items and the Company is not liable for any loss involved when making selection or using the Service, unless there is intentional or factual negligence by the Company.
10) The Company shall be exempted from liability for loss of in-game assets, items, BP, crates from the user, unless there is intentional or factual negligence by the Company.
11) The Company may limit the use of the service from users in accordance with the relevant laws, government policies, and will be exempted from any liability for the use of the service caused by such limitations.
6. DISCLAIMER OF WARRANTIES
THE GAME AND SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOG HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting any of the foregoing, KOG does not ensure continuous, error-free, secure or virus-free operation of the KOG Services or Your Account. Some states or countries do not allow the disclaimer of implied warranties, and the foregoing disclaimer may not be applicable to You. This warranty gives You specific legal rights, and You may also have other legal rights that vary from state to state or from country to country.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF DATA, LOSS OF BUSINESS RIGHTS, LOSS OF PROFITS) AND DAMAGE (INCLUDING BUT NOT LIMITED TO INTERRUPTION OF WORK OPERATION, HARDWARE MALFUNCTION, OR OTHER COMMERCIAL DAMAGE OR LOSS ARISING OUT OF YOUR USE OR MISMUSE OF THE SERVICE. THIS IS ALSO TRUE WHETHER OR NOT THE COMPANY ALREADY KNEW OR HAD TO KNOW ABOUT THE POSSBILITY OF THE DAMAGES.
COMPANY SHALL NOT BE LIABLE FOR ANY INTERRUPTION OF SERVICE, INCLUDING, BUT NOT LIMITED TO, ISP FAILURE, SOFTWARE OR HARDWARE FAILURE, OR ANY OTHER SITUATION THAT MAY RESULT IN DATA LOSS OR SERVICE INTERRUPTION. IN NO EVENT THE COMPANY BE LIABLE FOR ANY DAMAGES BEYOND THE AMOUNT PAID FOR THE PURCHASE OF THE GAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN SUCH COUNTRIES OR JURISDICTIONS.
8. PERIOD AND TERMINATION
These Terms are effective unless and until terminated by either you or the Company. The Company and the user may terminate these terms at any time without prior notice. Termination by the Company will come into an effect immediately upon the termination or deletion of your account, which can occur at any time in the Company’s sole discretion. You may terminate Terms of Service by not using the Game, and you must stop using the Game and delete the Game immediately upon termination of Terms of Service. The game will not be refunded even if the user terminates the Terms.
9. TRANSFER OF TERMS AND CONDITIONS
The Company may assign any or all of these terms and conditions to any third party at any time. You shall not transfer these terms without the Company’s prior written consent, and any transfer without written consent from the Company will not count.
10. GRIEVANCE HANDLING AND DISPUTE RESOLUTION
1) The Company shall inform users on the Company’s website about any communication methods users can utilize to present to the Company their opinions, concerns, compliments or complaints they may have. In such, the Company operates exclusively in handling such reports.
2) If a dispute arises between the Company and the user and a Third Party Dispute Arbitration Body becomes involved in adjusting such grievance, the Company shall faithfully make apparent any and all measures taken with the respective user, including, but not limited to restrictions of usage and corrective actions and reporting observed in compliance with the results of the arbitration.
11. GOVERNING LAW
All lawsuits related to these Terms and Conditions are subject to the jurisdiction of the courts pursuant to relevant laws such as the Code of Civil Procedure. In such event, the applicable local laws shall only affect these Terms to the extent required by the applicable jurisdiction, and these Terms shall be construed as to make their terms and conditions as effective as possible. You must comply with all local laws to the extent that applicable local law applies.
12. CLASS ACTION WAIVER
You agree not to participate in, including but not limited to, a class or representative action, private attorney general action, or collective arbitration related to the Game or Service or this Agreement. You also agree not to seek to combine any action or arbitration related to the Game or Service or this Agreement with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.
13. COPYRIGHT NOTICE
If you think any materials from KurtzPel and/or KurtzPel branded websites infringe your copyright-protected work under the copyright law, you may provide an infringement notice to the Company’s designated agent as set forth below. Also, to make your notice become effective, you must include the following information:
(a) Sufficient details to enable us to identify the work claimed to be infringed;
(b) Your contact information, including your address and email address;
(c) A statement that you have a good faith belief that the disputed 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;
(e) Your physical or electronic signature;
The contact information of Company’s designated agent is as follows:
• KOG CO., Ltd
• Attn: Admin Department Agent
• 14th floor, Gyobo Bldg., 586, Gukchaebosang-ro, Jung-gu, Daegu, Republic of Korea, 41937
• Email: firstname.lastname@example.org
14. OTHER POLICIES
Effective Date: 26th of Dec 2018
1. PERSONAL INFORMATION COLLECTED FROM USERS
The Company generally collects or receives personal information in three ways.
1) Collecting personal information directly from users
You may provide us with the following information when playing the Game or visiting the company’s website.
• ID (Email address), password to create and use KOG global account.
• Email address, name and in-game character name (nickname) to use customer service and/or Forum features.
• Email address, name, date of birth, country of residence, and in-game character name (nickname) to apply for participation in the event, tournament and other events held by the Company.
• Character nickname can be collected by the company when creating a character in-game.
2) Collecting personal information automatically from users
When users visit the website and/or use the Service, the Company may automatically collect the connecting IP address from users (The Company will not use an IP address as a personal identifier but will generally use it to resolve technical problems and to improve quality of the server). Also, the Company may automatically collect a MAC address from users only to identify official internet cafés certified by the Company when using the Service.
3) Collecting personal information from the third party.
The company offers the Game service through Steam ™, provided by Valve Corporation. The Company collects the following personal information from Valve Corporation to identify individual users as an encrypted form.
Personal information may also be required to enter into a contract with you or to execute a contract service with you (such as to provide Service at your request), and failure to provide any information may result in our inability to provide requested services or products.
2. NON PERSONAL INFORMATION COLLECTED FROM USERS
The Company may collect following non-personal information when playing the Game.
(Non-personal information means information that cannot be used to identify a specific user.)
• User statistics collected from the game service. (e.g. Number of games played, Kill/Death, win/loss ratio, game playtime, etc.) Users can check this information through built-in features in the Game.
• Information about your computer, device, hardware and operating system.
3. COOKIE AND RELATED TECHNOLOGIES
Most Internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or “Help” screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of the Site may not function properly.
We also maintain log files which contain Internet Protocol (“IP”) addresses. An IP address is a numeric address that is assigned to your computer by your Internet Service Provider. We use log files to monitor traffic on the Site, to report information to our advertisers and to troubleshoot technical problems. In the event of user abuse of the Site, we may block certain IP addresses. IP addresses may be used to personally identify you in order to enforce our Terms of Service and any applicable end user license agreement.
4. HOW INFORMATION COLLECTED IS USED
The company collects information in order to provide Service to users, and to improve the quality of the Services offered. If sharing the information the Company collected is required to provide certain aspects of Service, the Company may share information with third parties.
With the majority of cases, utilization of your personal information will be justified on the basis that:
• the utilization is necessary to execute a contract with you or take steps to enter into a contract at your request: Most of the time, the reason we utilize your information is to perform the contract that you have with us. For instance, as you go about using our Service, we use your information to maintain your account, your profile and to provide Customer Support to you.
• the utilization is in everyone’s best interest. We use website visitor data to improve and develop our Services and activities. We may also analyze the player behavior within our services to continuously improve our Service, we suggest offers we think might interest you, and we process information for administrative, fraud detection and other legal purposes.
• the utilization of information is necessary for us to comply with a relevant legal obligations. For example, we may process your personal information to comply with applicable accounting rules which require keeping accounting records and to make mandatory disclosures to law enforcement.
1) Use of personal information collected in the Game
The Company may collect personal information in order to provide the service and to improve the quality of the service provided. This includes:
• Providing customer support by collecting and answering inquiries.
• Providing forum service on the website
• Solving technical support issues and improving quality of service.
• Identification of individual users in order to provide proper support to the respective user
• Protection against usage of unauthorized programs.
2) Use of anonymous information collected in the Game.
The Company may use and collect anonymous behavior information to provide and improve the service and may share this anonymous information to third party partners and agencies if required. The Company reserves the right to process anonymous information. This includes:
• Tracking usage patterns and analyzing behavior trends
• Protection against unauthorized program usage
• Preventing inappropriate behavior and gameplay behavior that could harm other users
• Technical problem resolution and improved server quality
• Analyzing statistics and provision of competitive leaderboards
3) Use of anonymous information from the Site
When you use the Site, we may retrieve information about your PC hardware system, and how our services are being used, including your IP address. We use this information to enable you to use the services offered through the Site via the Internet. We also use this information to better understand the behaviors and preferences of our customers, so that we can improve our products and services.
The Personal Information collected from you will be used to operate the Site and to provide the products and services, or to fully execute the transactions you have requested or authorized.
In support of this usage, KOG may utilize Personal Information to provide you with more effective service, to improve the Site, any related KOG products or services, and by eliminating the need for you to repeatedly enter the same information, we make the Site easier to use. In order to offer you a more consistent experience in your interactions with KOG, information collected by the Site may be combined with information collected by KOG from other sources.
We may merge Site-Visitation Data with demographic information, and we may use this information to provide more relevant content. As well, we may combine Site-Visitation Data with your Personal Information in order to provide you with personalized content.
KOG may hire other companies (Third Parties) to provide products or services on our behalf. In doing so, we may provide such companies with Personal Information to help them perform their duties.
Under the requirements of the most current and relevant data protection laws, KOG may disclose Personal Information to (a) conform to the edicts of the law or comply with any legal processes served by KOG; (b) protect and defend the rights or property of KOG and/or its affiliates; or (c) act in urgent circumstances to protect the personal safety of KOG employees or agents, users of KOG products or services, or members of the public.
You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any Personal Information contained in our database for such site, if KOG or one of its companies assigns all of its rights and obligations regarding the use of your Personal Information at the time of a bankruptcy, merger, acquisition, sale of all or substantially all of KOG’s assets to a subsequent owner or operator, or similar event under the most applicable data protection laws.
Please do not use your real name or the real name of another person when selecting a username. Please note that your username will be available to the Internet’s general public when you use some services, like message boards or forums, so you should exercise discretion when using these services. We are not responsible for protecting such information that you may disclose to third parties through our services.
4) Sharing personal information to Third Parties
Whilst specific requirements of data protection laws vary depending on applicable national laws, the Company may provide access to third parties, including service providers which process personal information on behalf of the Company to provide customer support and/or to manage the game community. Examples of these third parties include:
• other users (for example, when you voluntarily disclose information on the service);
• our business partners (for example, provision of sales, discounts or offers that may interest players);
• customer service providers to provide customer support service;
• cloud computing service providers to provide cloud storage services;
• payment service providers to assist with payment for transactions or providing withdraw services for sellers;
• marketing platforms and providers of analytics services relating to users’ behavior, in order to tailor the Service.
If the company chooses to allow third parties to process personal information, third party vendors will process personal information only to the extent that is necessary to perform the services requested by the company.
The following companies may process some or all personal information collected by the Company:
• Company: KOG Games Corp.
Purpose: Provision of customer support
Retention period: After processing a user’s inquiry or outsourcing contract is expired or terminated
5. PERSONAL INFORMATION RETENTION AND REMOVAL
In principle, the Company will remove any personal information without delay once the set behavior objectives or purposes of collecting said information are achieved. Personal information stored as hard copy will be shredded or incinerated, and personal information stored as soft copy will be removed using technical measures in ways where the information cannot be reproduced. However, the following information can be stored:
• Steam: Game character name (nickname), IP address, steamID64, Steam ID: Until the player’s Steam membership is terminated or game compensation is refunded
• Records of customer support or dispute resolution: 3 years
• Record of fraudulent user’s duplicate membership: 5 years
6. CHILDREN UNDER THE AGE OF 13
Neither the Game nor Site is intended for children under the age of 13. As such, we prohibit registration of any persons under the age of 13. If you are under the age of 13, you may not create an account. We will not knowingly collect, maintain, or disclose any Personal Information from children under the age of 13.
7. CHILDREN BETWEEN THE AGES OF 13 AND 18
8. LINKS AND THIRD PARTY SERVICES
9. SECURITY OF PERSONAL INFORMATION
KOG follows generally accepted industry standards to protect Personal Information submitted to us, both during transmission and once we receive it. When you enter sensitive information (such as a credit card number) on the Site, we encrypt that information using secure socket layer (SSL) technology. However, no method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
10. OTHER AGREEMENTS THAT GOVERN YOUR USE OF THE SITE
11. YOUR RIGHTS
12. YOUR CHOICES
You can either choose to remove or to stop process of personal information at any time. If you wish to remove or stop process of your personal information, please contact us in writing or through e-mail.
You may visit the Company’s website without providing any personal information. If you do not agree to provide personal information, the company may not be able to provide you with the game services, customer support, or Forum related services.
13. HOW WE PROTECT INFORMATION COLLECTED
The Company is committed to provide physical, technical and administrative safeguards with the personal information collected to ensure that your personal information is not lost, stolen, exposed, altered or damaged. However, it is difficult to guarantee complete protection of all information. Hence, you should acknowledge that complete protection of personal information cannot be guaranteed if you choose to use our services.
USING KURTZPEL IN PLAYER-CREATED CONTENT
WHAT IS PLAYER-CREATED CONTENT?
Player-created content includes anything that our community members create based on or related to KURTZPEL with a strong and healthy community as its goal. This includes fanart, fansites, fan videos, and KURTZPEL streams, for example.
KOG CO.,Ltd wants to foster robust community activities and encourage our players’ efforts to use their creative talents for KURTZPEL and its community as long as any player-created content meets the following conditions:
NON-COMMERCIAL AND NON-FOR-PROFIT USE
All player-created content must be available for free to the public. You may not charge any one-time or recurring fees, or require any action from others (such as giving their information or downloading anything that is not the content itself).
Any and all Player Content submitted to KOG CO.,Ltd shall be deemed, and shall remain, the property of KOG CO.,Ltd from the moment such Player Content is created. KOG CO.,Ltd shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all Player Content of every kind and nature, in perpetuity throughout the world. To the extent that any of the above may be void or unenforceable, you agree that any and all Player Content is hereby irrevocably assigned to KOG CO.,Ltd, together with all intellectual property rights therein. To the extent any of the Player Content is not assignable, by submitting Player Content to KOG CO.,Ltd, you agree that KOG CO.,Ltd shall be irrevocably entitled, directly or indirectly throughout the world and in perpetuity, to modify, adapt, use, reproduce, license, publish, broadcast, perform, sell, translate, create derivative works from and distribute any Player Content for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider or author of the Player Content. You also give up any claim that any use by KOG CO.,Ltd of any Player Content violates any of your rights, including but not limited to moral rights, rights of privacy, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.
PROPER DISPLAY OF COPYRIGHTED/TRADEMARKED LOGOS AND OTHER APPROPRIATE INFORMATION
All player-created content must acknowledge and display the appropriate copyright and trademarks. Using other intellectual properties without the proper license or permission is not acceptable.
APPROPRIATE USE OF KURTZPEL AND KOG CO., LTD’S PRODUCT AND BRAND
All player-created content must not contain (or link to) other sources and/or advertisements containing any hacks, exploits, gold farming, illegal activities, content. that would conflict with KURTZPEL’s IARC rating, if applicable, or any other inappropriate content, as determined by KOG CO.,Ltd.
KOG CO.,Ltd does not endorse or give license to any player-created content. KOG CO.,Ltd may highlight, feature, modify, or use any or all parts of the player-created content without the creator’s consent in any way, for any purposes we see fit.
KOG CO.,Ltd also reserves the right to monitor and revoke any and all use of KOG CO.,Ltd’s intellectual property at any time and for any or no reason, at its sole discretion.