TERMS OF SERVICE
Effective Date: Dec 1, 2022
The terms of this agreement ("Terms of Service" or “Terms”) govern the relationship between you and Cinamon Games., a South Korean company having its registered office at 28, Hyoryeong-ro 77-gil, Seocho-gu, Seoul, Republic of Korea (hereinafter the “Company”, "Cinamon Games", "Us", "We",”Our”). The Company grants to you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to use and display the services provided by the Company (the “Service”) for your personal, non-commercial use by any device(s) of which you are the sole, primary user. The Service means any mobile application, licensed product or service accessed or downloaded by you from the Company website(s) or through third party websites or sources. The terms "you" and "your" refers to the user of the Service provided by the Company. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement. By installing, accessing or using the Service, you agree to the terms of these Terms of Service. If you do not agree to these Terms of Service, please do not install, access or use the Service. Use of the Service is also governed by Cinamon Games’ Privacy Policy and other relevant policies, which are incorporated herein by reference.
Before accessing or using the Service, including browsing any Cinamon Games website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an "Account"). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. You accept full responsibility for any unauthorized use of the Service by minors. If you access the Service from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.
The Company has the right to change the Terms of Service in any way and at any time at its sole discretion. It is your responsibility to review these Terms of Service so you are aware of any changes or updates. If you do not agree to these Terms of Service, discontinue your use of the Service. We may modify these Terms from time to time, and at any time, without notice to You, for any reason, in our sole discretion, and each such modification shall be effective upon posting of the updated Terms in place of these Terms. We recommend that You check back frequently and review these Terms of Service regularly so you are aware of the most current rights and obligations that apply to You. You agree that you will be considered to have been given notice of any revisions once we post them on this site and that your continued use of the Service after such notice shall be deemed an acceptance of any changes.
Subject to Your agreement and continuing compliance with these Terms and any other relevant Cinamon Games policies, terms, conditions, or rules, Cinamon Games grants You a non-exclusive, non-transferable, revocable limited license subject to the limitations set forth herein to access and use the Services using a supported web browser or mobile device solely for Your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
These Terms, and any posted revision or modification thereto, shall remain in full force and effect while You use or are registered for the Services. You may terminate Your use of or registration to the Services at any time, for any reason, and We may terminate Your use of or registration or license to the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to You or any third party. Even after Your registration is terminated, Your obligations under these Terms, the Privacy Policy, any additional terms or rules, including, without limitation, any indemnifications, warranties and limitations of liability, shall remain in effect.
The Service may contain virtual currency (“Virtual Currency”) and/or virtual goods (“Virtual Goods”). Virtual Currency means virtual cash, coins, points, or similar items that may be (i) obtained or earned through the Service or (ii) purchased by you for actual currency. Virtual Goods means virtual digital items, such as tools, abilities or other goods that may be (i) obtained or earned through the Service or (ii) purchased by you for actual currency or for Virtual Currency. You may purchase Virtual Currency and/or Virtual Goods through an applicable third party marketplace, such as Google’s Android Market and Apple’s App Store. You agree that you have reviewed, understood and agreed to the terms of these marketplaces prior to making any transaction such as (if applicable) purchase and refund procedures.
You have non-exclusive, non-transferable, non-sublicensable, revocable, personal, limited license to use Virtual Currency and Virtual Goods within the Service that you have purchased or otherwise obtained in a method authorized by the Company. The Company may control, manage, regulate, modify or eliminate Virtual Currency and/or Virtual Goods at any time, with or without notice. In such a case, you understand and agree that the Company shall have no liability to you or any third party. Otherwise, you have no right or interest in or to any such Virtual Currency or Virtual Goods in the Service.
You do not in fact “own” the virtual items and the amounts of any virtual item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Services, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms is a completed transaction upon receipt of your direct payment or redemption of a third party virtual currency that We accept. 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.
You may not transfer or sell Virtual Currency and Virtual Goods to any third party except where expressly authorized by the Company. You also understand and agree that all sales of Virtual Currency and Virtual Goods are final and non-refundable, except where the Company or the applicable third party platform provider decides in its sole discretion to provide a refund. In addition, if your account or any portion of the Service is discontinued or terminated for any reason, you will forfeit all Virtual Currency and Virtual Goods and the Company shall have no liability.
At this time, in addition to diamonds paid through paid payment, diamonds provided free of charge due to eventuality (attendance compensation, mission, etc.) will be acquired as "event diamonds" and will disappear after a certain period of time. The expiration date is marked separately for each event diamond acquisition, and the expiration date is marked first for the goods that will be extinguished in the order of priority, and automatically disappears after the expiration date.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Cinamon Games may revise the pricing for the goods and services offered through the Service at any time.
You may not copy, modify, translate, distribute, transmit, publish, republish, perform, display, post, download, upload, frame, make available, lend, hire, communicate to the public, adapt, or sell the Company Content or any portion thereof. Any unauthorized use of the Company Content may violate copyright law, trade mark law or other applicable laws and regulations and will result in the termination of the license granted hereunder. Except as expressly set forth in these Terms of Service, these Terms of Service do not, and will not be interpreted or construed to, grant to you any license to any intellectual property rights or other proprietary rights, including any implied license or license granted by estoppel or otherwise. Any attempt by you to disrupt or interfere with the Service including undermining or manipulating the legitimate operation of any game is a violation of our policy and may be a violation of criminal and civil laws.
Any use of the Service in violation of these license limitations set forth in this section is strictly prohibited, can result in the immediate revocation of your limited license granted to you hereby and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the Service including undermining or manipulating the legitimate operation of any game is a violation of our policy and may be a violation of criminal and civil laws.
You are solely responsible for your conduct, your use of the Service, and any content you generate in connection with your use of the Service. The Service have a set of restrictions on the types of conduct that is allowed during your use of the Service. These restrictions are designed to make use of the Service a good and fun experience for everyone. Please review the restrictions below, which govern your use of the Service:
You shall not:
Except for Your Content (as defined below) and except as otherwise expressly set forth in these Terms of Service, as between you and Cinamon Games, Cinamon Games and its licensors own and will retain ownership of all right, title and interest in and to the Service and the Company Content (as defined below). You shall not acquire any ownership rights whatsoever by downloading Content or by purchasing any Virtual Currency or Virtual Goods.
The Service may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information and so forth), including by making the foregoing available to Cinamon Games and other users of the Service, whether via e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively, “User Content”). Cinamon Games has no obligation to accept, display, review, maintain or otherwise exploit any User Content.
You understand that all User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. Cinamon Games has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, completeness, timeliness, validity, legality, decency, quality, integrity, usefulness or any other quality. Cinamon Games makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You agree that you must evaluate, and bear all risks associated with, the use of any User Content available in connection with the Service. Under no circumstances will Cinamon Games be liable in any way for any User Content made available via the Service, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.
Notwithstanding the foregoing, Cinamon Games reserves the right in its sole discretion to pre-screen, review, monitor, refuse, remove from the Service, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason, including without limitation the violation of these Terms of Service, or for no reason, at any time. You may bring User Content that you believe violates these Terms of Service, or other inappropriate user behavior, to Cinamon Games Corporation’s attention by contacting us through [email protected].
User Content that you make available in connection with the Service is referred to herein as “Your Content.” You agree that Your Content is not confidential. You further agree that Your Content will not be returned to you.
You represent and warrant that Your Content is wholly original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Service without Cinamon Games incurring any third party obligations or liability arising out of its exercise of such rights and licenses. Cinamon Games does not claim any ownership rights in Your Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit Your Content.
You hereby grant to Cinamon Games an unrestricted, unconditional, worldwide, irrevocable, perpetual, non-exclusive, transferable, sublicensable license to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, publish, republish, archive, store, encode, reproduce, promote, create derivative works based upon and otherwise exploit Your Content in connection with the Service in all formats, on or through any means or media now known or hereafter developed, and with any technology or devices known or hereafter developed, including other third-party services and platforms that use or are connected with the Service (e.g., Youtube and mobile applications). You also grant to Cinamon Games the right to sublicense and authorize others to exercise any of the rights granted to Cinamon Games under these Terms of Service. You further perpetually and irrevocably grant Cinamon Games the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in Your Content, regardless whether Your Content is altered or changed in a manner not agreeable to you.
In the event you choose to sell Your Content to a third party, you must promptly notify Cinamon Games thereof, and Cinamon Games shall have a right of first refusal to purchase all exclusive rights related to Your Content on the terms and conditions not less favorable than those offered to the third party (the “Right of First Refusal”).
You acknowledge that third parties may use Your Content for purposes or in ways other than you anticipated. You agree that such uses constitute user-generated content for which Cinamon Games bears no responsibility.
You agree that Cinamon Games is not liable for any claims or losses based on or arising from any user-generated content, including content that makes use of Your Content, whether within the Service or beyond. You also agree that neither Cinamon Games nor any of its affiliates are under any obligation to pay you or any third party any consideration or compensation for Your Content.
You agree that, subject to the Right of First Refusal above, other users of the Service may purchase Your Content from you through the Service (the “Transaction”), in which case Cinamon Games only acts as an agent in the Transaction and is not a party to the Transaction between you and other users of the Service. You are solely responsible for Your Content sold to other users of the Service, and Cinamon Games shall not be responsible in any way with respect to such Content and/or the related Transaction, including, without limitation, with regard to any pricing applied in such Transaction and any actions you take with regard to such Content. Cinamon Games will not be under any obligation to provide any refund to any users that purchase User Content that is broken, later becomes disabled, is later removed or is altered by the content-creator or by Cinamon Games, or that was inappropriately submitted.
Cinamon Games has no obligation to monitor or enforce your intellectual property rights in or to Your Content.
Cinamon Games understands that there may be circumstances under which you would like to create something not within the scope of rights granted or reserved (as the case may be) to you under these Terms of Service. Accordingly, if you wish to create, or partner with us to create, something other than what you have the right to create in accordance with these Terms of Service, we encourage you to contact us so that the issue may be considered.
Revenue from paid virtual items and advertising generated from user content are paid in accordance with company’s policy. Specific figures such as the profit distribution ratio or the conversion ratio of paid virtual items into actual currency may change or not be disclosed.
As a condition of your use of the Service, and without limiting your other obligations under these Terms of Service, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service.
The Service is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.
You agree to not use the Service to transmit, make available or otherwise promote or support:
The Company respects others' intellectual property rights and holds its users to the same standards. Accordingly, you may not upload, post, send or transmit to or through the Service any materials that violate third party intellectual property rights. The Company reserves the right, in its sole discretion, to remove or disable access to any infringing material and to terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act of the United States and other applicable law. In addition, the Company reserves the right in its sole discretion to terminate, limit or suspend the accounts of users who are infringe any third party rights at any time, irrespective of whether such users are repeat infringers for purposes of applicable law.
We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Services, you may be asked to provide certain personalized information to us (such information referred to herein as “Personally Identifiable Information”). Our information collection and use policies with respect to the privacy of such Personally Identifiable Information are set forth in Our Privacy Policy which is incorporated herein by reference for all purposes. We encourage you to read the privacy policy, and to use it to help make informed decisions. We further encourage you to read the privacy policies of our business partners and/or affiliates. You acknowledge and agree that you are solely responsible for the accuracy and content of personally identifiable information.
The Company reserves the right, in its sole discretion, to remove, reject, deny, prohibit, or refuse to post or transmit, any content or message by you, or to deny, restrict, suspend, discontinue, or terminate your account or access to the Service or any portion thereof at any time, with or without prior notice or explanation, for any or no reason, and without liability. The Company expressly reserves the right to remove your profile or account and/or to deny, restrict, suspend, or terminate your access to the Service or any portion thereof if the Company determines or believes, in its sole discretion, that you have violated these Terms of Service or that you pose a threat to the Service, the Company and/or any other user.
In order to access and use certain content, features, functionality and/or Services, we shall require you to register for the Services and have a unique username and password combination (collectively, a “User ID”). If you elect to become a registered User of the Services, you are responsible for maintaining the strict confidentiality of your User ID, and you shall be responsible for any access to or use of the Services by you or any person or entity using your User ID, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. We reserve the right to deny access, use and registration privileges to any user of the Services if we believe there is a question about the identity of the person trying to access any account or element of the Services. We shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section.
The Company reserves the right, in its sole discretion, to change, suspend, discontinue or terminate the Service or any and all content, applications, and other items used or contained in the Service at any time and from time to time and without notice.
Within the Services and by virtue of your use thereof, you may purchase, with “real world” money, a license to use virtual items and or other goods or services. Purchases or redemptions of third party virtual currency to acquire a license to use virtual items are non-refundable.
You can license virtual items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. If you purchase third party virtual currency, you are agreeing to such third party’s payment terms and agree that Cinamon Games is not a party to the transaction.
If you purchase a product or service from Cinamon Games, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the Service begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase a license to use virtual items from us, your right of withdrawal is lost as the performance of our Service begins promptly once your purchase is completed.
You agree to pay all fees and applicable taxes incurred by you or anyone using a user account registered to you. Cinamon Games may revise the pricing for the goods and services it licenses to you through the Service at any time. You acknowledge that Cinamon Games 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 an account is closed, whether such closure was voluntary or involuntary.
From time to time, you may choose to communicate with, interact with, or obtain goods and services of or from third parties such as our advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) found on or through the Service or a hyperlinked website. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser). Please review the terms of service and privacy policies of such advertisers.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, INCLUDING ANY CONTENT, APPLICATIONS, OR MATERIALS PROVIDED THEREUNDER, ARE PROVIDED ON AN "AS IS" BASIS AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING: (A) THE COMPANY CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE AND THE COMPANY SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE; (B) THE COMPANY DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, GAMES, CONTENT, DATA OR MATERIALS ON THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND, ACCORDINGLY, YOU SHOULD ALWAYS EXERCISE CAUTION IN THE USE AND DOWNLOADING OR USE OF ANY SUCH APPLICATIONS, GAMES, CONTENT, DATA OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISABLE OR BLOCK VIRUSES, MALWARE AND OTHER MALICIOUS CODE; (C) YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, ACCESS OR OTHERWISE OBTAIN APPLICATIONS, GAMES, CONTENT, DATA AND MATERIALS FROM THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE PHONE OR MOBILE DEVICE OR COMPUTER SYSTEM, ANY LOSS OF DATA, AND ANY OTHER DAMAGE OR HARM OF ANY KIND THAT MAY RESULT THEREFROM; (D) THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY MOBILE PHONE OR MOBILE DEVICE, TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S MOBILE PHONE OR MOBILE DEVICE OR COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICE; (E) UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICE, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICE; AND (F) THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICES. THE EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION 18 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICE.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM, YOUR USE OF THE SERVICE, EVEN IF THE COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, THE COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO NO MORE THAN THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICE IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID ANY AMOUNT TO THE COMPANY DURING SUCH PERIOD, YOU UNDERSTAND AND AGREE THAT YOUR SOLE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY'S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 19 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICE.
The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Any dispute between you and the Company regarding these Terms of Service will be governed and construed in accordance with the laws of the Republic of Korea without regard to principles of conflict of laws. Any action to enforce, interpret, initiate any suit, action or proceedings that may arise out or, or in connection with, these Terms of Service shall be brought in the Seoul Central District Court located in Seoul, the Republic of Korea. Parties expressly consent to the Seoul Central District Court in the Republic of Korea as the exclusive venue and hereby further irrevocably waive any claim that the Seoul Central District Court lacks jurisdiction over it and/or such court is an inconvenient forum.
EACH PARTY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN THE RESOLUTION OF ANY DISPUTE ARISING OUT OF, OR RELATING TO, THESE TERMS OF SERVICE.
You agree to indemnify and hold harmless the Company, its affiliates and its and their respective directors, officers, employees, agents, successors and assigns from and against any and all losses, claims, liabilities, damages, demands, costs and expenses (including reasonable attorneys' fees and costs of investigation), arising out of, or related to, (a) your use of the Service, (b) your breach of these Terms of Service, including your breach of any covenant, representation, warranty, term or condition set forth herein, and (c) your violation of any law or regulation or of any third party rights, including any third party intellectual property rights. The obligation set forth in this Section 22 will survive any termination or expiration of your account or your use of the Service