Terms Of Service
Last Updated July 9, 2012
IF YOU DO NOT AGREE WITH OUR TERMS OF AGREEMENT, PLEASE DO NOT PROCEED WITH THE REGISTRATION PROCESS AND LEAVE OUR SITES IMMEDIATELY AND DO NOT ACCESS OR USE OUR WEBSITE(S), GAME(S), OR SERVICE(S).
PLEASE NOTE THAT CERTAIN PEOPLE ARE SUSCEPTIBLE TO EPILEPTIC SEIZURES OR LOSS OF CONSCIOUSNESS WHEN EXPOSED TO CERTAIN FLASHING LIGHTS OR LIGHT PATTERNS. INDIVIDUALS MAY BE SUBJECTED TO SEIZURE WHILES VIEWING CERTAIN MONITOR IMAGES OR PLAYING GAMES. THIS MAY OCCUR IN INDIVIDUALS WHO HAVE NO MEDICAL HISTORY OF EPILEPSY OR HAS NEVER HAD EPILEPTIC SEIZURES. IF ANYONE HAS EVER HAD SYMPTOMS RELATED TO EPILEPSY (SEIZURES OR LOSS OF CONSCIOUSNESS) WHEN EXPOSED TO FLASHING LIGHTS, CONSULT A MEDICAL PROFESSIONAL PRIOR TO ENGAGEMENT OF VALOFE GAMES. CHILDREN AND TEENAGERS ARE MORE LIKELY THAN ADULTS TO EXPERIENCE THESE SEIZURES. WE ADVISE THAT PARENTS OR A LEGAL GUARDIAN SHOULD MONITOR THE USE OF GAMES BY THEIR CHILDREN.
IF YOU OR YOUR CHILD EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS: DIZZINESS, BLURRED VISION, EYE OR MUSCLE TWITCHES, LOSS OF CONSCIOUSNESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT OR CONVULSION, WHILE PLAYING A VIDEO GAME, IMMEDIATELY DISCONTINUE USE OF THE VIDEO GAME AND CONSULT YOUR DOCTOR.
OUR GAMES MAY CONTAIN ADDICTIVE GAMEPLAY ELEMENTS. PLAYING THEM FOR AN EXCESSIVE AMOUNT OF TIME MAY DECREASE PERSONAL AND/OR OCCUPATIONAL PRODUCTIVITY. PARENTAL GUIDANCE AND SUPERVISION SHOULD BE PROVIDED TO ASSIST MINORS WHO HAVE DIFFICULTY PLAYING IN MODERATION.
PLEASE USE HEALTH PRECAUTIONS; INCLUDING PLAYING VALOFE GLOBAL GAME IN A WELL-LIT ROOM WITH A GOOD DISTANCE AWAY FROM THE MONITOR AND TAKING A REST AT LEAST 10 TO 15 MINUTES PER HOUR WHILE PLAYING VALOFE GAMES.
1. OBJECTIVETHE OBJECTIVE OF THIS TERMS OF AGREEMENT (HEREAFTER REFERRED TO AS THE "AGREEMENT") HEREIN DESCRIBES THE TERMS AND CONDITIONS ON WHICH VALOFE GLOBAL., LTD. (HEREAFTER REFERRED TO AS " VALOFE") OFFERS YOU (HEREAFTER REFERRED TO AS "USER") TO ACCESS AND PLAY ITS GAMES AND SERVICES INCLUDING BUT NOT LIMITED TO; MASSIVELY MUTIPLAYER ONLINE ROLE PLAYING GAME(S), ONLINE CASUAL GAME(S), COMPANY OPERATED WEBSITE(S) OR ANY OTHER SERVICE(S) SUBJECT TO YOUR COMPLIANCE TO ALL OF THE TERMS AND CONDITIONS AND THE RULES OF CONDUCT CONTAINED HEREIN.
2. AMENDMENTSThis agreement comprises the entire agreement between VALOFE and the User, and supersedes any prior agreements between VALOFE and the User with respect to the subject matter hereof. This Agreement does not supersede any additional terms and conditions of which User is notified by VALOFE and/or which may apply when using third party content or services. VALOFE reserves the right, at its sole and absolute discretion, to amend, revise, change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation policies, regulations, content, data, software or equipment needed to access the Game program, effective with or without prior notice; provided, however, that material changes (determined by VALOFE ' sole and absolute discretion) will be disclosed as follows: VALOFE will provide user with notification of any such changes to the Game program through a website posting, a patch process, or by email, or in-game notice. Such amendment or revision shall be effective upon posting of such revised agreement on the VALOFE ' web site (the "Web Site"). User hereby agrees to review this Agreement by accessing the Web Site periodically to become aware of any such revisions. If any revision is unacceptable to the User, the User must terminate the Agreement hereof and immediately discontinue the use of our game(s) and Service(s). Your continued use of the game(s) and Service(s) following the posting of the revised Agreement shall be deemed to be your full and irrevocable acceptance of all such revisions.
(a) "Intellectual Property" shall mean all patents, designs, utility models, copyrights, know-how, trade secrets, trademarks, service mark, trade dress and any other intellectual property rights in or related to the Game or Technical Information.
(b) "Technical Information" shall mean the software, know-how, data, test result, layouts, artwork, processes, scripts, concepts and other technical information on or in relation to the Game and the installation, operation, maintenance, service and use thereof.
(c) "User" (hereinafter referred to as the 'User') shall mean all members who use the service through the Internet, multimedia cultural contents facilities and online communication after applying to use the service from VALOFE and registering an account on VALOFE ' website with individually assigned ID numbers for each End User.
(d) "Game Service" (hereinafter referred to as the 'Service') means the Internet-based MMORPG(s) (Massively Multiplayer Online Role Playing Game), Casual Game(s), or games in other genres that VALOFE is currently providing via the Internet, Multimedia cultural contents facilities and/or online communication. VALOFE can add, modify, or suspend the service with or without a prior notice.
(e) "ID" (hereinafter referred to as the 'ID') means the identification selected by the user and authorized by VALOFE for the user's identity and the user's access to the service.
(f) "ID Information" (hereinafter referred to as the 'ID Information') means the personal and game information of the user including the user's account, password, name, address, and telephone number.
(g) "Password" (hereinafter referred to as the 'Password') means the combination of unique letters and numerals selected by the user in order to confirm the user's account and to protect the user's rights.
(h) "Game Character "(hereinafter referred to as the 'Character') means the game information to be directly selected and managed by the user in the game.
(i) "Multimedia Cultural Contents Facility" means the business place, which has the necessary equipment and devices such as computers in an independent place and enables the user to play games or the public to access other additional information.
(j) "ASP Service" means the service to be provided to alliances and users through the network from the main server of VALOFE.
4. ELIGIBILITYThe Site(s), Game(s), and Service(s) that VALOFE offers are for users who are age of thirteen (13) and over only. In accordance with the Children's Online Privacy Protection Act of 2000, if you are under the age of 13, personal information cannot be collected from you and thus, you are prohibited from creating a membership account through the Service, shall not be eligible to enter any prize awarding events and/or promotions, and are asked not to provide any personal information of any kind on the Site, through the Service, or to us.
As noted, the Site and the Service are for users age 13 and over. While children of all ages may view the Site, only those 13 or older can use the Site and related games and services. We will not knowingly accept any applications or other submissions from anyone under the age of 13. If we learn that anyone under the age of 13 is attempting to make an application or place an order, we will terminate the transaction if it is feasible to do so and subsequently delete any personal information sent to us. Also, we do not knowingly accept, collect, maintain or use personal information regarding children under the age of 13 on this Site.
Parent and legal guardian may find it inappropriate for use by persons over the age of 13 but still considered a minor under the law of the relevant state. We strongly encourage parents or legal guardians to be positive and active role models to their children and spend time together online with their children, familiarizing themselves with the Service and overseeing any communication between their children and any other Internet users. It is highly suggested that parents or legal guardians educate their children about online conduct, specifically including but not limited to, never revealing, distributing, or otherwise communicating their personal identifying information such as real names, images, addresses, or phone numbers without parental or guardian permission when using the Internet.
While VALOFE may choose to monitor and take action upon inappropriate game play, chat or links to the Service, it is possible that at any time there may be language or other material accessible on or through the Service that may be inappropriate for children or offensive to some users of any age. VALOFE cannot guarantee that other players will not provide Content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. VALOFE does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.
If a parent or legal guardian of a child discovers that their child under the age of 13 has provided us with personally identifiable information and would like VALOFE to discontinue collecting such information, or have the child's personal information deleted from our database records, they should contact us firstname.lastname@example.org. We will review, update, or remove the child's information as requested within reasonable time.
5. OWNERSHIPIntellectual Property Rights and Technical information to all patents, designs, utility models, know-how, corporate secrets, trademarks, character goods, trade dress, and other various intellectual properties related to the game or technological information (including without limitation the software, data, test result, layouts, artwork, processes, scripts, concepts, any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the Game program, transcripts of the chat rooms, character profile information, recordings of games played on the Game program, and the Game client and server software) are owned by VALOFE and its licensors. The Site, Game and the Service are protected by Republic of Korea and international law. The Site, Game and the Service may contain certain licensed materials, and VALOFE and its' licensors may enforce respective rights in the event of any violation of this agreement.
6. SERVICE DESCRIPTIONVALOFE offers Website(s) includes; http://luminary.valofe.com and all subdomains thereof, and Game(s), and Service(s). With or without prior notification, VALOFE reserves the right to change the URL address of the Web Site at any time and from time to time. To use the game or Service, you will need to install software (the "Software") which VALOFE makes available from the Web Site or mirror sites for Download. Anyone desiring to use the Service is required to establish an account with VALOFE (the "Account"). VALOFE does not provide Internet access, and you are responsible for all fees associated with your Internet connection.
7. USER'S OBLIGATIONS AND RESPONSIBILITIESIn order to access and use the Site(s), Game(s), and Service(s), you must sign up by completing a registration form. Before finalizing the registration process for your Account, you will be required to indicate your acceptance of all of the terms and conditions contained herein. If you do not agree to all of the terms and conditions of this Agreement, you may not sign up for an Account and you shall not access and use the Site(s), Game(s), nor the Service(s) that VALOFE offers. The Registration form contains your first and last name, nationality, address, e-mail address, a user name and a password. In consideration of the use of the Service, you agree to provide true, accurate, current and complete information about yourself as submitted in any registration form on the Service and to maintain up-to-date information which is true, accurate, current and complete at all times by making changes, additions or deletions to your User profile, as required. If any information provided is not true, accurate, current or complete, or VALOFE has reasonable grounds to suspect that the information is untrue, inaccurate, not current or complete, then VALOFE shall have the right to suspend or terminate your right to use the Site(s), Game(s), Service(s), and refuse to provide any current or future Service to you. You acknowledge that VALOFE reserves the right to refuse to grant you a user name that is already in use, may be illegal, may be protected by trademark or other proprietary interest, is obscene or profane or otherwise determined by VALOFE, in its sole discretion, to be inappropriate. You agree to be responsible for all acts and omissions that occur in connection with your password. You agree to keep your password confidential and to notify VALOFE if you believe that the security of your password has been compromised. You acknowledge that VALOFE does not protect you from the unauthorized use of your password. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of VALOFE.
(a) Eligibility. As set forth above, Accounts are available only to individuals 13 years of age or older. If you are under the age of 13, you may not create an account on the Sites, you may not sign up for any service or buy anything through the Web Store, and you are not eligible to enter any of our sweepstakes or promotions. Those who have completed these steps and who maintain their Account in good standing are sometimes to in this Agreement as "Members." By clicking the "I have read and agree" button you represent that you are a 13 years of age or older. Only one person may use an Account. You are liable for all activities conducted through your Account, and parents or guardians are liable for all activities of their minor child conducted through the Account. Except as may be required by law, VALOFE will not knowingly collect, maintain, or disclose any personal information from children under the age of 13. VALOFE recommends parents and guardians to spend time online with their children to become more familiar with the types of content available on the Internet, including our online games. Parents and guardians should regularly oversee their children's use of email and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids.
(b) Account ID. At the time your Account is opened, you must choose a name to identify yourself to VALOFE staff (your "Account ID"). You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which VALOFE deems in its discretion to be vulgar or otherwise offensive. VALOFE reserves the right to delete, or to change, any vulgar or otherwise offensive Account ID. You have sole liability for all activities conducted through your Account or under your Account ID.
(c) Message Board ID. You have the option to create a Message Board ID for use on the official website's message boards. You may not select as your Message Board ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which VALOFE deems at its sole discretion to be vulgar or otherwise offensive. VALOFE reserves the right to delete, or require you to change, any vulgar or otherwise offensive Message Board ID. You have sole liability for all activities conducted under your Message Board ID.
(d) Account. By agreeing to the User Agreement you agree that you do not own the account you use to access the service, the characters VALOFE stores on VALOFE servers, the items stored on these servers, or any other data which the servers and accounts are comprised of. The account you create is needed to login to the service.
(e) Character Name. In order to use the service, you must create a character and choose a name for your character to identify your character to other Members (your "Character Name"). You may not select as your Character Name the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of VALOFE, or which VALOFE deems at its sole discretion to be vulgar or otherwise offensive. VALOFE reserves the right to delete, or alter any vulgar or otherwise offensive Character Name.
(f) Pledge Names, Pledge Titles, House Signs, Individual Titles, NPC Names. While accessing the service, it is possible to name your pledge, grant titles to individual members, grant a title to your own character, and name NPCs. You may not give a name to a pledge, another character, grant your own character a title, or name an NPC (non player character) that is the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of VALOFE, or which VALOFE deems at its sole discretion to be vulgar or otherwise offensive. VALOFE reserves the right to delete, change, or require you to change, any vulgar or otherwise offensive Name.
(g) Passwords. At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account and Account ID. At no time should you respond to an online request for a password. VALOFE will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process.
(h) Former Members. Members whose Accounts have been terminated by VALOFE for any reason may not access and use the Service in any manner or for any reason, including through any other Account, without the express written permission of VALOFE.
(i) Related Accounts. If VALOFE terminates an Account, VALOFE may terminate any other Accounts that share the same member name, phone number, email address, postal address, Internet Protocol address, or credit card number with the terminated Account.
8. RULES OF CONDUCTSubject to the Terms of Agreements herein, you agree to comply with all applicable laws, regulations and Rules of Conduct contained herein. We reserve the right, in our sole discretion, to take any necessary actions appropriately to preserve the integrity of the Service. While using the Service, you agree not to: engage in any conduct or communication which is unlawful or which restricts or inhibits any other User from using or enjoying the Services. User agrees to use the Services only for lawful purposes. In our sole discretion, VALOFE reserves the right to temporarily or permanently suspend or terminate the User's account which the User has engaged in unacceptable conduct. The list of prohibited conduct set forth in Subsections below provides examples of unacceptable conduct, which list is not exhaustive, and VALOFE reserves the right, but not the responsibility, to restrict conduct which VALOFE deems, in its sole discretion, to be harmful to individual users, damaging to the Services, or in violation of VALOFE ' or any third party's rights. VALOFE may prohibit or delete conduct, communication or content transmitted on its' services that are deemed to be in violation of applicable laws or is harmful to other users, the community or the rights of VALOFE in general. User acknowledges, however, that communication over the Services often occurs in real-time and VALOFE cannot, and does not intend to, screen communication in advance.
- PROHIBITED CONDUCTS:
(a) Use the service provided by VALOFE for purposes other than the original purpose for the service such as playing the game or entertainment.
(b) Use the Website(s), Service(s), Game(s), or Cash Items or for any unlawful purpose or in any manner not intended by VALOFE as contemplated herein and/or on the Site
(c) Harass, threaten or embarrass another User of the Services or to cause distress, unwanted attention or discomfort of such User, or any other person or entity. VALOFE does not condone harassment in any form and may suspend or terminate the account of any User who harasses others. Personal attacks, such as those based on a person's race, national origin, ethnicity, religion, gender, lifestyle choice, disablement or other such affiliation, are strictly prohibited.
(d) Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content. If User engages in vulgar or abusive language online, even if masked by symbols or other characters, or engages in other impermissible behavior, the User may receive a warning, or be temporarily or permanently excluded from one or more games, bulletin boards, chat areas, or the User's account may be terminated immediately and the User may be subject to civil liability and/or prosecution by law enforcement authorities.
(e) Post or transmit sexually explicit images, or point or reference to such images. VALOFE prohibits the transfer or posting of sexually explicit images or other content deemed offensive.
(f) Engage in "disruptive behavior" in chat areas, game areas, bulletin boards, or any other area of the Services. Disruptive behavior shall be deemed to include, but will not be limited to, conduct which purposefully interferes with the normal flow of dialogue in a Service area. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
(g) Scroll or carry out any action with a similar disruptive effect. "Scrolling / Chat Spam" is defined as repeatedly causing the screen to roll faster than Users are able to type onto it.
(h) Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary load on the Services and is considered a nuisance by many users. Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter.
(i) Posting or transmitting unsolicited advertising, promotional materials, or other forms of solicitation. VALOFE services are not to be used to send unsolicited advertising, promotional material, or other forms of solicitation to other users. User may not use VALOFE services to collect or "harvest" user names without the express permission of those users. VALOFE reserves the right to block and/or filter mass email solicitations on or through the service.
(j) Impersonate any person, including, but not limited to, VALOFE ' employees, monitors or hosts. User shall not hold him or her out or portray himself or herself as a VALOFE staff user or employee while engaging in all forms of online communication, including, but not limited to, user names, user profiles, voice, text or graphic chat, message postings or any form of communication on line. Impersonation of VALOFE staff shall be grounds for immediate account termination.
(k) Violate any operating rule, policy or guideline of any other online service. User further agrees to abide by the rules of the User's Internet service provider.
(l) Modify any files that VALOFE does not specifically authorize User to modify. Use of material, which is subject to the rights of any person or entity without the express permission of such rights holder, is prohibited, and will result in the termination of the User's account and possible civil and/or criminal liability.
(m) Posting too many bulletin boards at once and/or sending multiple unsolicited emails to a single address, sometimes referred to as "spamming," is prohibited. VALOFE may take action on a User's account if any of the following offenses is reported: (1) Posting a similar or identical message to more than 5 bulletin boards; (2) Sending unsolicited mail to more than 30 people or (3) Sending more than two (2) unsolicited emails to a single email address. Repeated spamming will result in account termination. In certain situations, the overall pattern of behavior on an account or a set of linked accounts may be determined to be disruptive or abusive, even if no one single act clearly violates any specific policy. In such cases, VALOFE reserves the right to determine what patterns of behavior are defined as "high-maintenance" or "disruptive" and may take action against the account(s), ranging from a simple request to moderate the high-maintenance behavior, to total lockout of all linked accounts.
(n) Violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation.
(o) Restrict or inhibit any other individual from using Use the Website(s), Service(s), Game(s), or Cash Items including, without limitation, by means of "hacking" or defacing any portion of the Service or Software
(p) Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage
(q) Modify the Software, Cash Items or the Service to change "game play," including, without limitation, creating cheats and/or hacks or using third-party software to access files in the Software or Service
(r) Reverse engineer, decompile or disassemble all or any portion of the Service, Cash Items or Software;
(s) Abuse of in-game system resulting to negatively affects another character, their gameplay, the service itself and/or its economy.
(t) Use of any illegal software or materials that contain any automated programs, macros, 3rd party Bots, scripts, viruses, worms, Trojan horses, defects, date bombs, time bombs, system, devices, computers, scripts on the Website(s), Game(s), or Service(s), is strictly prohibited. VALOFE may terminate and permanently disqualify any users who, in its sole discretion, determines as being in violation of Rules of Conduct. All decisions by VALOFE are final.
9. CHARGES FOR SERVICES(a) Current fees for using the Service are published in the billing section of the Web Site. All fees are stated in U.S. Dollars. VALOFE may change its fees and billing methods at any time effective immediately after notice of the changes are posted on the Web Site. All changes will be posted on the Web Site and you are responsible for reviewing the billing section of the Web Site to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your use or our service in the Item Mall. Your continued use of the Service after posting of the changes on the Web Site will deems you accept such change. YOU UNDERSTAND AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR ACCOUNT AND ONCE YOU AUTHORIZE US OR OTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOUR SELECTION OF PAYMENT METHOD FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE IN WHOLE OR IN PART, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, TERMINATION OF THE ITEM MALL AND/OR THE DISCONTINUATION OF THE SERVICE. For further information on billing, please see the Web Site. If your use of the Service is subject to use or sales tax then VALOFE may also charge you for such taxes, which will be in addition to the rates and charges published in the billing section of the Web Site.
(b) Payment Method. If you pay for the Service by the payment method of your choice, you represent to VALOFE that you are the authorized account holder of that payment service used to pay Service charges. You agree and reaffirm that VALOFE is the authorized vendor to charge payment method of your choice. You agree to promptly notify VALOFE of any changes to your payment method's account number, its expiration date and/or your billing address, and you agree to promptly notify us if your payment method expires or is cancelled for any reason.
(c) Use of GCOINs. You will receive a certain amount of GCOINs by completing your payment through the billing section of the Web Site. You may use GCOINs to purchase cash items. Those purchased GCOINs do not expire. In addition, you may acquire Bonus GCOINs when you purchase a certain amount of GCOINs. Bonus GCOINs shall be used in the same manner as GCOINs and Bonus GCOINs will be used before the purchased GCOINs. Bonus GCOINs will expire in 30 days of purchase and upon expiration, the Bonus GCOINs will become invalid. You may track the GCOIN transactions in your Account at the VALOFE game websites. Use of purchased GCOINs, Bonus GCOINs or cash items for any purposes other than those authorized on the Site, whether online or offline, is a violation of These Terms. You agree that VALOFE has the absolute right to manage, regulate, control, modify and/or eliminate such GCOINs, Bonus GCOINs or cash items as it sees fit at its sole discretion and that VALOFE will have no liability to you based on its exercise of such right. GCOINs are not subject to refund, nor do they have "real cash" value.
(d) Regardless of the consideration offered or paid in exchange for the cash items, you do not have any ownership rights in the cash items.
10. VIRTUAL GOODSYou agree that VALOFE reserves the right to manage, regulate, control, modify and/or eliminate its games and all aspects of including but not limited to, game characters, items, points, and GCOINs (collectively, "Virtual Goods") therein. All Virtual Goods remain property of VALOFE. You acknowledge that VALOFE may, in its sole discretion, in any general or specific case, modify features, functions or abilities of any element of any of its games or any Virtual Goods (which may, among other things, make the Virtual Goods substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). You acknowledge and agree that all Virtual Goods represent a limited license right governed by the terms of this Agreement, and are not redeemable for any sum of money or monetary value from VALOFE at any time.
11. TERMINATION AND DISCONTINUATIONEither you or VALOFE may terminate your Account at any time without further obligation to the other. Furthermore, VALOFE reserves the right to terminate the Service at any time without further obligation to you. if the service or your account is terminated or cancelled at any time for any reason, you agree to the following: (1) you will not be entitled to any refund or proration of any fees, unused access time or unused GCOINs; (2) you will lose any characters developed, items accumulated or Points purchased through (VALOFE games website) or any Service described in Section 6 and you will not have the right to transfer, sell or assign any characters, items or GCOINs or any other Credit to anyone else; (3) you may not access the service in any manner or for any reason, including via any other account. in the event that an account is terminated, VALOFE may terminate any and all other accounts that share the member name, phone number, email address, internet protocol address or credit card number with the terminated account; (4) we may terminate this Agreement (including your Software license and your Account) immediately and without notice if you breach this Agreement or willfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the Rules of Conduct described herein. If we terminate this Agreement under any circumstances, you will lose access to your Account for the balance of any prepaid period and lose any remaining GCOINs or Credit Points without any refund.
12. DISCLAIMERYOU EXPRESSLY AGREE THAT THE SERVICE INCLUDING THE SITE(S), THE GAME(S), THE SERVICE(S), THE CASH ITEMS, THE SOFTWARE, AND ALL OTHER CONTENT CONTAINED THEREIN AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS VALOFE AND ALL SERVICE PROVIDER CUSTOMERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS. VALOFE AND ALL SERVICE PROVIDER CUSTOMERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. VALOFE AND ALL SERVICE PROVIDER CUSTOMERS DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR ACCURATE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. VALOFE MAKES NO WARRANTY THAT DEFECTS IN ITS SOFTWARE WILL BE CORRECTED OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY OF THE MATERIAL AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VALOFE OR ANY SERVICE PROVIDER CUSTOMER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF AGREEMENT.
13. LIMITED LIABILITYUSER ACKNOWLEDGES THAT VALOFE NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION TAKEN BY VALOFE, ITS CONTENT PROVIDERS, OTHER LICENSORS WITH RESPECT TO CONDUCT, AND COMMUNICATION OR CONTENT OF THE SERVICES. VALOFE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH THE SERVICES OR ANY PRODUCT PROVIDED BY VALOFE. VALOFE' ENTIRE LIABILITY AND USER'S EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SERVICES AND ALL CONTENTS & SOFTWARE DEVELOPED BY OR FOR VALOFE SERVICES WHICH IS FOUND TO BE DEFECTIVE USING MEDIA CHOSEN BY VALOFE SERVICES SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID BY USER FOR THE DEFECTIVE SERVICE LESS AN AMOUNT EQUAL TO THE VALUE OF THE SERVICE FOR THE TIME THAT IT OPERATED PROPERLY. VALOFE' LIABILITY TO USER FOR ANY AND ALL BREACHES OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL CUMULATIVE AMOUNT PAID BY USER TO ACCESS AND USE THE SERVICES.
YOU AGREE THAT VALOFE CANNOT BE HELD RESPONSIBLE OR LIABLE FOR ANYTHING THAT OCCURS OR RESULTS FROM ACCESSING OR USING THE WEBSITE(S), THE GAME(S), OR SERVICE(S).
14. INDEMNIFICATIONYou agree to indemnify, defend and hold harmless VALOFE and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, Service Provider Customers, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your Content, your violation of the Terms of Agreement or your violation of any rights of another User. VALOFE reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
15. INTELLECTUAL PROPERTYIncluding but not limited to, all communication features of VALOFE contains copyrighted material, trademarks and other proprietary information including, but not limited to, any titles, text, software, photographs, video, graphics, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Game and the entire contents of VALOFE and each area contained therein are copyrighted as a collective work and exclusively owned and licensed by VALOFE and protected by the copyright laws of the United States of America, international copyright treaties and conventions, and other laws. All rights are reserved.
VALOFE owns copyrights in the selection, coordination, arrangement and enhancement of such contents. User may not in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Game, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on VALOFE (including, without limitation, content that the Website enables you to download) without the express written permission of VALOFE and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made. The downloading of copyrighted material from VALOFE is allowed by the user expressly for the user's own personal use.
User acknowledges that VALOFE and/or third-party content providers remain the owners of all materials posted on VALOFE, and that the user does not acquire any of those ownership rights by downloading copyrighted materials.
Failure to comply with the restrictions and limitations shall result in immediate, automatic termination of the Account granted hereunder and may subject you to civil and/or criminal liability. Notwithstanding the foregoing, you may make one (1) copy of the Game Client and the Manuals for archival purposes only.
16. PRIVACYThe personal information you provide us during registration is used for our internal purposes only. We use the information we collect to learn what you like and to improve the Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, we will not give any of your personal information to any third party without your express approval. We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. We can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. If you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Service, the Software and any services or software which may in the future be provided by us or on our behalf.
17. PARENTAL GUIDANCEParents may find it inappropriate for use by persons under the age of 13. While VALOFE may choose to monitor and take action upon inappropriate game play, chat or links to the Service, it is possible that at any time there may be language or other material accessible on or through the Service that may be inappropriate for children or offensive to some users of any age. VALOFE cannot ensure that other players will not provide Content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. VALOFE does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.
18. SERVICE INTERRUPTION(a) VALOFE reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.
(b) You acknowledge that the Service may be interrupted for reasons beyond the control of VALOFE, and VALOFE cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. VALOFE shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control.
19. GENERALThe 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 Korean Government 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.
20. NOTICENotices may be sent to you or you may send notices to VALOFE via either e-mail or regular mail. The Service may also provide notification of any changes to the Terms of Agreement or other matters pertaining to the Service by displaying notices or links to notices generally on the Service.
21. 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 VALOFE Global Ltd., 522B Innocentre, 72 Tat Chee Avenue, Kowloon Tong, HongKong SAR of China
(b) 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.
(d) 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.
(e) Governing Law. Except as expressly provided otherwise, this Agreement shall be is governed by, and will be construed under, Republic of Korea and international law without regard to choice of law principles.
(f) 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.
22. REPORT VIOLATIONPlease report any violations of the Terms of Agreement to our compliance department using email inquiry section on the official website.
I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.