Terms Of Agreement
YOU MUST READ, UNDERSTAND AND ACCEPT THE PROVISIONS OF THESE TERMS OF SERVICE BEFORE USING OUR SERVICES. BY CLICKING “I ACCEPT”, YOU AGREE TO BE BOUND BY THESE TERMS.
You also hereby warrant and represent that you either:
1) have the legal capacity to agree to these Terms and are legally competent to read, understand and accept the provisions of these Terms on behalf of yourself; or
2) represent that your legal guardian has reviewed and agreed to these Terms and given consent in accordance with the applicable laws and in accordance with any relevant VALOFE policy.
These Terms of Service (“Terms”) apply between VALOFE Corporation (“VALOFE” or “we”, “our” or “us”), and You (as defined below), if you reside outside of the Republic of Korea, regarding your use of VALOFE’s game application (“Game”) and related services, including services provided via the valofe.com website (“Services”); if you reside outside of the Republic of Korea, these Terms will prevail over any other agreements or terms of service you may have entered into or will have entered into with us with respect to your use of the Game; depending on your place of residence, Special Terms of Service regarding to your current residence; which are different by each country shall apply.
1. LIMITED LICENSE1.1 License Grant – Subject to your acceptance and compliance with the conditions herein and all other policies or rules of conduct, VALOFE hereby grants You a revocable, non-exclusive, license for personal and non-commercial use of the Game and Services that is non-transferable. Any Services or software (“Software”) supplied by VALOFE in relation to the Game is licensed, not sold, by VALOFE. All title and rights not expressly granted in these Terms of Service, including but not limited to any Intellectual Property (“IP”) right and the display thereof, are retained by VALOFE and/or third-parties under agreement with VALOFE. IP rights includes any or all of the trademarks, trade names, patent, copyright, registered designs, trade secrets or other industrial or intellectual property right subsisting in any territory.
1.2 License Pre-Conditions – You acknowledge that any VALOFE license to use the Services, the content and the Game (and/or the creation of any Character) is pre-conditioned upon Your agreement to comply with all provisions of these Terms. YOU ACKNOWLEDGE THAT ANY SUCH LICENSE TERMINATES IMMEDIATELY ON NOTICE TO YOU IF YOU BREACH, OR OTHERWISE FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS, OR IF YOU ARE FOUND TO HAVE PREVIOUSLY BREACHED OR FAILED TO COMPLY WITH VALOFE’S TERMS OF SERVICE OR ITS POLICIES.
1.3 Minors - You shall restrict use by minors. You accept full responsibility for any use or action in respect of the Services by minors and You hereby consent to these Terms on behalf of such minors.
1.4 License Restrictions – You agree that You will not, directly or indirectly, (except as expressly permitted under applicable law):
(i) reverse engineer, translate, adapt, disassemble, decompile, or reduce to any human-perceivable form, any Software or parts thereof, or other intellectual property used to provide the Services or the Game;
(ii) copy, distribute or reproduce any Services, any content therein, Software, or parts thereof;
(iii) modify, or create a derivative work of, any Services, any content therein, Software, or parts thereof; and/or
(iv) sell, sub-license, rent, lease, grant a security interest in, borrow, lend, loan, network or engage in any activity that could in any way transfer or provide others access to any Services, any content therein, Software, or parts thereof, including but not limited to any serial code number, access key or the like.
2. ACCOUNT(S), SERVICES AND PAYMENTS
2.1 Account(s) – The Game may require you to create an VALOFE account (“Account”). It is Your responsibility to establish any Account needed or recommended for the Game and to comply with any VALOFE Policies for establishing and maintaining such Account(s). You are responsible for any use and related liabilities with respect to any Account for which You click “I ACCEPT,” whether or not such use and related liabilities were in any way authorized by You. It is Your responsibility to keep your Account information up to date, and safeguard any access control mechanisms You may have related to an Account such as a password or PIN.
FOR MOBILE APPLICATIONS, PLEASE KEEP IN MIND THAT YOU MAY NOT RECEIVE CUSTOMER SUPPORTS OR MAY NOT USE VIRTUAL ITEMS FOR WHICH YOU HAVE PAID IF YOU CHANGE YOUR DEVICE OR DELETE THE GAME FROM YOUR DEVICE WITHOUT CREATING AN ACCOUNT.
2.2 Payments Related to Services and Content –You may be required to pay fees in relation to any Services or any content therein. YOU ACKNOWLEDGE AND AGREE THAT (a) UNLESS REQUIRED BY RELEVANT LAWS, VALOFE HAS NO OBLIGATION TO REFUND ANY PAYMENTS IN WHOLE OR IN PART, AND (b) THAT VALOFE MAY TERMINATE ANY ACCOUNT RELATED TO ANY ATTEMPT TO OBTAIN A REFUND OF ANY PAYMENTS.
2.3 No Cash Value of Virtual Items – Within the Services, You may be allowed to obtain “virtual currency” or “in-game items” from VALOFE (or a third party authorized by VALOFE) for use in connection with the Game (together, “Virtual Items”) or other offerings by VALOFE. You acknowledge that a Virtual Item is digital material with no cash value, that no interest is paid or earned with respect to any Virtual Item, that Virtual Item is not personal property, that the quantity of Virtual Item in Your Account may be increased, decreased, modified or removed by VALOFE in its sole and absolute discretion for any reason or no reason whatsoever, that You have no right to a refund related to a Virtual Item, that there is no right to transfer or exchange any Virtual Item. VALOFE may limit Your license to use any Virtual Item or Services, content or activity, as well as any time period related thereto. In addition, You also acknowledge and further agree that You have no right to obtain any recompense (or compensation) for the foregoing.
3. YOUR RESPONSIBILITIES AND CONDUCT
You agree that You may not and will not,
(a) engage in any activity, including without limitation, with respect to any Account or Character, such as: (i) providing VALOFE any inaccurate information regarding an Account; (ii) selecting an Account or Character ID that would require any license from any third party; (iii) implying any affiliation with VALOFE or impersonating any other person;
(b) access or use the Account or personal information of another person without authorization;
(c) select an Account, Character ID or provide any communication or information within the Services that VALOFE, in its sole and absolute discretion, deems to be vulgar, threatening, defamatory, libelous, obscene, racist, sexist, promoting sexual violence, advocating homosexuality or lesbianism, promoting incest, paedophilia, bestiality and necrophilia, glorifying or inciting ethnic, racial or religious hatred, or otherwise offensive.
(d) misappropriate, violate or infringe VALOFE or any third-party IP right;
(e) be a party to any commercial activity related to the Game, including but not limited to: (i) providing or obtaining any digital material or content, including but not limited to any Virtual Item, any Account, or Character.
(f) use, or provide others with, any “hack,” “cheat,” “exploit” or “mod” or any other unauthorized software including any automation software (a.k.a. “bot”) or software designed to change or modify operation of the Game; or provide any service that interacts with the Software.
(g) knowingly affect the Services, the Game, any content or Software via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used;
(h) use any VALOFE IP right except as permitted under these Terms or otherwise permitted in writing by VALOFE;
(i) engage in any activity prohibited under Section 1.4 above;
(j) violate or infringe copyright laws, or in any way circumvent (or attempt to circumvent) any VALOFE technological measure intended to effectively control access to the Services, the Game, its content, Software, or any other VALOFE IP right, circumvent any protection afforded by an VALOFE technological measure to any VALOFE IP right, or engage in any trafficking related to the foregoing;
(k) post or send any information (including software programs and files) prohibited by VALOFE;
(l) modify or change any part of the Services or any information (including software programs and files) posted by VALOFE;
(m) violate any law or governmental regulation related to the Game;
(n) gain unfair profit by deceit or fraud with respect to other users; and
(o) solicit, advertise or assist others in any of the foregoing activities.
4. TERMINATION OF ACCOUNT AND SERVICE
4.1 Account Suspension and/or Termination for Cause – VALOFE may limit, suspend, modify, prohibit access to, and/or delete for cause (e.g., You breach, violate, or otherwise fail to comply with any of these Terms or VALOFE Policies, or if such noncompliance, or illegal or improper activity is suspected) Your Account, all related content and/or characteristics related to a Character, with or without any notice. Any suspension and/or termination hereunder, as well as the timing thereof, shall be conclusively determined in the sole and absolute discretion of VALOFE. YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE HAD TO NOTICE OF TERMINATION FROM VALOFE. YOU CAN LOSE YOUR ACCOUNT AND CHARACTER AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES. VALOFE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
4.2 Effect – Suspension and/or termination of an Account under this Section also suspends and/or terminates (as applicable) any license granted by VALOFE under these Terms. Termination of any license granted by VALOFE is without prejudice to VALOFE’s other rights or remedies under these Terms, and is without prejudice to the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
4.3 VALOFE reserves the right to stop offering and/or supporting the Game, Services or part of the Services at any time by announcement on our website, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, unless required by relevant laws, VALOFE shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services or Game.
5. USER CONTENT
5.1 Your Representations and Warranties – By transmitting, submitting, or posting any communications, images, sounds, and all the material, data, and information that you or other users upload, submit, or transmit through the Services (“User Content”) while using the Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; and (c) free of viruses, adware, spyware, worms or other malicious code. You acknowledge and agree that you are solely responsible for all User Content you post or otherwise transmit via the Services.
5.2 User Conduct – VALOFE has no obligation under any circumstances to monitor user conduct or other activities related to the Game, nor, to review any information, feedback or communication related to the Game or user interactions, and assumes no responsibility for the failure to monitor any user conduct, including User Contents. VALOFE may, in its sole and absolute discretion, choose to monitor user conduct or other activities related to the Game, or review any information, feedback or communication related to the Game. You consent to such monitoring, including but not limited to monitoring in-Game communications, Service or Software provided by VALOFE, at any time and in any manner, including but not limited to monitoring communications interfaces, storage devices, random access memory or CPU processes related to hardware you use with the Game.
You acknowledge that VALOFE may take any action, or no action whatsoever, based on such monitoring, information, feedback or communication, including but not limited to: (i) changing any portion of the Services, the content or Software; or (ii) terminating your Account. VALOFE assumes no responsibility for, and You agree not to seek to hold VALOFE liable for, the conduct of or the contents submitted by any third parties, including other users.
You acknowledge that You have no obligation to provide VALOFE any information, feedback or communications related to the Game. You further agree to defend, indemnify and hold harmless VALOFE with respect to any claim, cost, demand, expense or liability related to any information, feedback or communications You provide.
6. PUSH NOTIFICATIONS, SMS NOTIFICATIONS
VALOFE may send local or push notifications to your device to make you aware of game updates, promotional events, new game information and other relevant messages regarding the Services. You can manage push notifications from the “options” or “settings” page within the Game or Services. You may also be able to manage them from your device’s settings page. VALOFE will obtain consents required in compliance with any applicable laws or regulations, if necessary, before sending any SMS or push notification to your device.
7. THIRD PARTY ADVERTISING
The Game or Service may feature advertisements from third parties or provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the VALOFE Service and/or benefits (such as Virtual Items). Any charges, payments or “donations” or obligations you incur in your dealings with these third parties are your sole responsibility, and you acknowledge that VALOFE has no responsibility with respect to the foregoing. VALOFE makes no representation or warranty regarding any content, goods and/or services provided by any third party, and will not be liable for any claim, cost, demand, expense or liability relating to any third party content, goods and/or services, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. The linked sites are not under the control of VALOFE and may collect data or solicit personal information from you.
8. INTELLECTUAL PROPERTY
8.1 You acknowledge and agree that You have no IP right related to the Game or any Services, the content therein, Software, or any combination of the foregoing or parts thereof except the limited license provided herein.
8.2 You acknowledge, and further agree, that You have no ownership or IP right related to any Account, any communication or information provided by You or anyone else, any information, feedback or communication related to the Game, any Character or characteristics related to a Character, any combination of the foregoing or parts thereof, or any combination of the foregoing with any Services, content, Software, or parts thereof. All rights in and to an Account are and shall be owned by and inure to the benefit of VALOFE.
8.3 To the extent You may claim any such IP right(s), including but not limited with respect to User Content that you upload, submit or transmit through the Service, You hereby grant VALOFE a worldwide, non-exclusive, no-charge, royalty-free, sub-licensable, perpetual and irrevocable license and full authorization to exercise all rights of any kind or nature associated with such IP right(s), and all ancillary and subsidiary rights thereto, in any languages and media now known or not currently known. Your license to VALOFE includes, but is not limited to, all necessary trademark licenses, all copyright licenses needed to reproduce, display, publicly perform, distribute and prepare derivative works of any such IP right, and all patent licenses needed to make, have made or otherwise transfer, use, offer to sell, sell, export and import related to such IP right(s). To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. In addition to the provisions of Section 11 below, You further agree to defend, indemnify and hold harmless VALOFE with respect to any claim, cost, demand, expense and/or liability by or involving third parties that any such license to any such IP right(s) misappropriates, violates or infringes any third party IP right or other proprietary rights.
9. DISCLAIMER OF WARRANTIES
EACH GAME AND THE SERVICES IS/ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, OPERABILITY, QUALITY OF SERVICE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED, THAT THEY ARE FREE FROM DEFECTS OR VIRUSES OR THAT DEFECTS WILL BE CORRECTED. WE DISCLAIM ALL RESPONSIBILITY AND LIABILITY ARISING FROM OR RELATING TO THE AVAILABILITY, OPERABILITY, TIMELINESS, SECURITY, RELIABILITY, QUALITY OF THE GAME AND SERVICE, ANY RELATED SOFTWARE OR APPLICATION, OR OTHER PRODUCTS, SERVICES, INFORMATION OBTAINED THROUGH THE GAME. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR: THE LOSS OR DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER INFORMATION MAINTAINED OR TRANSMITTED THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR ADVICE TRANSMITTED THROUGH THE SERVICES.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL VALOFE, ANY THIRD PARTIES UNDER AGREEMENT WITH VALOFE, ANY SUBSIDIARY OR AFFILIATE OF VALOFE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, LIQUIDATED, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, REVENUE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED OR BASED ON ANY THEORY OF LIABILITY OR CAUSE OF ACTION ARISING IN ANY WAY RELATED TO THESE TERMS OR USE OF THE GAME, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BY ENTERING INTO THIS AGREEMENT TO USE VALOFE SERVICES, CONTENT OR SOFTWARE YOU ACCEPT THE FOREGOING LIMITATION OF LIABILITY / ALLOCATION OF RISK AND AGREE TO RELEASE VALOFE, ANY THIRD PARTIES UNDER AGREEMENT WITH VALOFE, ANY SUBSIDIARY OR AFFILIATE OF VALOFE FROM ANY AND ALL LIABILITIES, OBLIGATIONS, CLAIMS, OR DEMANDS THAT MAY ARISE UNDER, FROM OR IN ANY WAY RELATE TO THESE TERMS, DIRECTLY OR INDIRECTLY, IN EXCESS OF AN ENTIRE AND AGGREGATE MAXIMUM AMOUNT WHOSE TOTAL SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN CONNECTION WITH ONE ACCOUNT IN THE PRECEDING SIX (6) MONTHS. THE FOREGOING SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE FOREGOING ARE ESSENTIAL TERMS AND, IF ANY OF THESE TERMS ARE CONSTRUED AS UNENFORCEABLE, FAIL IN ESSENTIAL PURPOSE, OR BECOME VOID OR DETRIMENTAL TO VALOFE, ANY THIRD PARTIES UNDER AGREEMENT WITH VALOFE, ANY PARENT, SUBSIDIARY OR AFFILIATE OF VALOFE, THEN ANY LICENSE YOU MAY HAVE UNDER THESE TERMS SHALL BE TERMINATED IMMEDIATELY. MOREOVER, YOU ACKNOWLEDGE THE FOREGOING SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF ANY LICENSE, AGREEMENT OR USE RELATED TO THE GAME.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS SHALL LIMIT VALOFE’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED BY LAW.
You agree to indemnify and hold harmless VALOFE, any third parties under agreement with VALOFE, any subsidiary or affiliate of VALOFE, from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of (a) Your use or misuse of the Services, (b) any violation by You of VALOFE Policies, or (c) any breach of the representations, warranties, and covenants made by You herein, or (d) Your actions to knowingly affect the Services, the Game, content therein or Software via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
12. DISPUTE RESOLUTION AND GOVERNING LAW
(a) Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and VALOFE agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. VALOFE will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to firstname.lastname@example.org
(c) Restrictions. You and VALOFE agree that any arbitration shall be limited to the Dispute between VALOFE and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
(d) Exceptions to Informal Negotiations and Arbitration. You and VALOFE agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or VALOFE ' intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
(e) Location. Any arbitration shall be initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the 522B Innocentre, 72 Tat Chee Avenue, Kowloon Tong, HongKong SAR of China, and you and VALOFE agree to submit to the personal jurisdiction of that court.
(f) Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under laws of the Republic of Korea and international law without regard to choice of law principles.
(g) Severability. You and VALOFE agree that if any portion Section 23 is found illegal or unenforceable (except any portion of 23(d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 23(d) is found to be illegal or unenforceable then neither you nor VALOFE will elect to arbitrate any Dispute falling within that portion of Section 23(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the Republic of Korea and international law, and you and VALOFE agree to submit to the personal jurisdiction of that court.
It is Your responsibility to read, understand and accept these Terms and the VALOFE Policies in effect, every time You use the Services.
WE MAY MODIFY THESE TERMS OF SERVICE AT ANY TIME BY POSTING THE SAME OR BY ANNOUNCEMENT ON OUR WEBSITE VALOFE.COM. YOUR CONTINUED USE OF THE GAME AND SERVICES FOLLOWING ANY MODIFICATIONS TO THESE TERMS WILL BE DEEMED ACCEPTANCE OF ANY SUCH MODIFICATIONS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE GAME OR SERVICES, OR DOWNLOAD OR USE ANY RELATED SOFTWARE.
14. GENERAL PROVISIONS
The failure of VALOFE or the Service Provider Customer to exercise its rights or insist upon the performance of the user's obligation hereunder shall not constitute a waiver or relinquishment of those or any other rights under these Terms of Agreement.
If any provision of the Terms of Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision and the other provisions of the Terms of Agreement shall continue to be binding on and remain in full force and effect.
The Terms of Agreement and the relationship between you, VALOFE and/or the Service Provider Customer shall be governed by and construed in accordance with the laws of the Republic of Korea and such parties agree to submit to the jurisdiction of such courts.
You agree that regardless of any statute or law to the contrary, any action, suit or proceeding arising out of or related to the use of the Service or to the Terms of Agreement must be commenced within 1 year after such claim or cause of action arose or be forever barred.
Section titles in the Terms of Agreement are for convenience only and have no legal or contractual effect or significance.
It is the express wish of the parties that the Terms of Agreement and all related documents have been drawn up in English.