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 GameSpringWeUsOur), and you, and your use of, including but not limited to GameSprings 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 GameSprings 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 Services 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 GameSprings 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 GameSprings 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 GameSprings 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, GameSprings 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 others 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 GameSprings 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 GameSprings written approval; any unauthorized attempt to do so without GameSprings 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