“Account” means an account created among others on the Website and through partnering third party outlets such as Steam or in another manner as offered by Kakao Games Europe, which allows Users to access and/or purchase the Service(s).
“Beta Test” means a test phase of a Game or a Service for the duration of which only limited content and features of the Game may be available. The Beta Test phases shall generally occur before the Release, but may also apply to updates or changes to features of a Game after Release.
“Default” means the violation by a Party of its obligations under the Agreement.
“Exploit” means to play the Game in a way that is contrary to the manner in which the Game is intended to be played as determined by Kakao Games Europe.
“Forums” means the discussion forums for the Games, accessible to the User on the Website.
“Game” means each and any game developed and/or published and/or offered by Kakao Games Europe B.V., Kakao Games Corp. and/or any of their subsidiaries, alone or together with third parties.
“Game Client” means the software necessary for the User to access and play the Game and/or for the Game to be downloaded and installed on the hardware of the User.
“Game Currency” means a virtual currency that is and can only be used exclusively in an In-game Shop. For more information about the Game Currency, reference is made to the Game Currency Appendix. Game Currency can never be converted into a legal means of payment that is accepted in any country.
“Game License” means a license allowing the User to access and play the Game pursuant to the Agreement.
“In-game Shop” means a virtual shop accessible from within the Game in which the User can purchase Game Currency with KCoin and Virtual Items with Game Currency.
“KCoin” means virtual currency which can be purchased in the shop or through partnering third party outlets such as Steam and can only be used in-game to purchase Game Currency, which in turn can be used to purchase Services and/or Virtual Items within the In-game Shop of each Game. KCoin can never be converted into a legal means of payment that is accepted in any country or be repaid.
“Kakao Games Europe” means Kakao Games Europe B.V., a Dutch company registered with the Dutch Trade register under n° 62780476, having its registered office at Professor W.H. Keesomlaan 1, 1183 DJ Amstelveen, Netherlands.
“Order” means the document issued by Kakao Games Europe, confirming the purchase by the User of a digital copy of the Game and/or of KCoin, Game Currency in the Shop. A copy of the Order is sent to the email address the User provided when registering the Account on the Website. In case the purchase was made by User through a third party outlet such as Steam, the delivery of the Order may also be subject to the policies and procedures of such third party.
“Party” means the User or Kakao Games Europe, both together referred to as the “Parties”.
“Release” means the date as from which the Game will be made generally available to Users as a working, playable and/or usable product. New content and/or updates and upgrades of the Game may be added to the Game after the Release.
“Services” means the services provided to the User by Kakao Games Europe, free of charge or for a fee, including the Website, the Forums, the Game, the Shop, and through third party outlets such as Steam or as otherwise made available by Kakao Games Europe.
“Shop” means the shop located on the Website and/or the designated section within third party outlets on which the User can purchase the Game and/or KCoin and/or Game Currency.
“Website” means any website operated by Kakao Games Europe with respect to any Game.
“Territory” means serviced countries listed in the Website of the Game.
“User” means the natural person entering into the Agreement.
“User Content” means any content created by the User, based on the content of the Game or affecting the Game Client, such as (i) text, (ii) software, (iii) artwork, (iv) banner, and (v) work resulting from modifications made to screenshots or videos taken from the Game.
“Virtual Item” means the digital content which can be purchased with Game Currency in the In-game Shop by the User and can only be used in the Game for which it is bought.
“Subscription” means service that provides the Game as an additional Service on the basis of certain periods of subscription.
“Web Inventory” means the page located on the Website where Virtual Items, Game Currency and other game content can be delivered to the In-game environment.
Game Currency Appendix
“Ruby” is the Game Currency of Elyon and can be purchased via the In-game Shop using KCoin.
“Credit” is the Game Currency of ArcheAge and ArcheAge: Unchained that can be purchased via the Shop.
2. SCOPE OF THE AGREEMENT
The User enters into an Agreement pursuant to the provisions of Article 4. (Creation of an Account) and/or receipt of the Order (if applicable).
3. TERRITORIAL RESTRICTIONS
The Game is licensed by Kakao Games Europe only for the Territory. The User may access the Website and the Forums from anywhere in the world. However, the User may only access the In-game Shop and the Game from within the Territory. In the event the User acquired the Game from within the Territory and then moves outside of the Territory, the User may no longer be able to access the Game (including, but not limited to, as a result of geofencing technology) and/or use (some or all of) the Services that require access to the Game. In such case, the User can terminate the Agreement in accordance with Article 17.1.
4. CREATION OF AN ACCOUNT
Only a natural person who is over the age of majority in the country where he or she has his/her habitual residence may create an Account. The User may also create an Account for a minor who is under his or her legal supervision, provided that the User is allowed to provide the respective minor access to the Game according to the law of the country of the minor’s habitual residence.
When creating an Account, the User is:
- prompted to declare that the User has the required age to create an Account;
5. DURATION OF THE AGREEMENT
6. FEES RELATED TO THE PROVISION OF THE SERVICES
The User can access the Website, create an Account and use the Forums free of charge.
The User can access and play the Game after the Release by acquiring the Game License. The Game License can be purchased from the Shop.
Where relevant, the User may access and play the Game during one or more of the Beta Test phases:
- if the User purchased the Game License in the Shop that allowed the User to access one or several Beta Test phases; or
- if the User was granted a key or trial period issued by Kakao Games Europe, allowing the User to access one or several Beta Test phases free of charge. In this event, the User will have to acquire the Game License in order to access and play the Game as from the Release, as this key or trial period does not grant the User the Game License or any other rights to access or use the Game.
Where relevant, the User may buy KCoin or Game Currency in the Shop, which can be used to make purchases in the In-game Shop. KCoin or Game Currency can only be used in the In-game Shop as from the Release and requires the User to own a valid Game License.
The non-payment or the retraction of a payment for the Game License or for KCoin or Game Currency, for instance with a chargeback, shall qualify as a Default allowing Kakao Games Europe, without prior notice, to immediately suspend the provision of all Services to the User on all User Accounts owned by the User without terminating the User’s payment obligations. The foregoing is explicitly without prejudice to Kakao Games Europe’s other remedies, including its right to terminate the Agreement under Article 17.
7. RIGHT OF WITHDRAWAL
7.1. GAME PACKAGE
The User has a fourteen (14) days right of withdrawal after making a purchase of a Game package in the Shop. The User can exercise his or her right of withdrawal by contacting customer support within the fourteen days as from the date of purchase.
The withdrawal right of the User shall apply until the User launches the respective Game during the Beta Test or after the Release. When attempting to launch the respective Game for the first time, the User is prompted to express his or her consent for the performance of the Service. By entering into the Agreement, the User is informed and expressly accepts that the User loses his or her right of withdrawal when the User launches the Game during a Beta Test or after the Release of that respective Game.
7.2. KCoin, AND GAME CURRENCY
When purchasing KCoin or Game Currency, the User is prompted to express his or her consent for the performance of the Service. The performance of the Service means that the purchased KCoin or Game Currency will be immediately added to the User’s balance or Web Inventory on his or her Account once the payment is successful. By entering into the Agreement, the User is informed and expressly accepts that the User loses his or her right of withdrawal when the User purchases KCoin or Game Currency.
7.3. WEBSITE SALES
When purchasing a Virtual Item on the Website, the User is prompted to express his or her consent for the performance of the Service. The performance of the Service means that the purchased Virtual Item will be immediately added to the User’s Account once the payment is successful. By entering into the Agreement, the User is informed and expressly accepts that the User loses his or her right of withdrawal when the User purchases Virtual Items through the Website.
7.4 PARTIAL REFUNDS
You cannot receive a partial refund when purchasing two or more products as a bundle. You must get a full refund instead, and then re-purchase what you want. If your refund request involves the refund of a Game Package, section 7.1 will be applied. If your refund request involves the refund of KCoin, section 7.2 will be applied. If your refund request involves a Website Sale section 7.3 will be applied.
During a period of 14 days after entering into the agreement for a Subscription period, you have the right to withdraw from the agreement for the Subscription period. However, you explicitly acknowledge and agree that you give up this right in case you login to game server access, and/or play the Subscription Game.
If you do not login to access, and/or play the Subscription Game and want to withdraw from the agreement for the Subscription period to receive a refund of the price that you paid for the Subscription period, please contact customer service (https://kakaogames.zendesk.com/hc/en-us) within 14 days after entering into the agreement for the relevant Subscription period.
8. GAME LICENSE
The provisions of this Article 8 apply to each Game License the User can purchase in the Shop, for instance by acquiring the Game package, including a pre-order Game package.
8.1. RIGHTS GRANTED TO THE USER
Subject to the terms of the Agreement, Kakao Games Europe grants the User a non-transferable, non-sublicensable and non-exclusive license for the duration of the Agreement to:
- install, access and use the Game from the Territory and for the duration of the Agreement, for the entertainment needs of User;
- make a reasonable number of copies of the Game Client to be used solely for back-up purposes;
- take screenshots and make videos of the Game, comment and publish them on the User’s website, a third party’s website, his or her employer’s website or on social networks, the Website, the Forums, regardless of whether this publication generates, or not, indirect revenues for the User or the User’s company (including revenues from publicity or from subscriptions);
- use the Services, in so far as the User has obtained a right to use the Service in accordance with the provisions of the Agreement.
8.2. LICENSE RESTRICTIONS
Except to the extent expressly permitted by applicable law, and only to the extent that Kakao Games Europe is not permitted by such applicable law to exclude or limit the following rights, the User may not reverse engineer, decompile, disassemble, or attempt to discover or modify in any way the underlying source code of the Game or of any part of it. In addition, the User may not (i) reproduce the Game Client except for the back-up purpose provided under Article 8.1. (Rights granted to the User) , (ii) attempt to play the Game without an internet connection, (iii) create a private server hosting the Game, (iv) share the Game Client, (v) sell or transfer the Game, the Game Client, Virtual Items, KCoin, Game Currency, virtual money or items from the Game, (vi) sell, transfer or buy Account(s), (vii) modify, adapt, rent, lease, loan, or create a patent based on the Game or on any part of it, or (viii) create or prepare derivative works based on the Game or on any part of it, unless expressly authorized to do so by Kakao Games Europe or in application of Article 11. (User Content).
Due to licensing restrictions, Kakao Games Europe can only provide the Game to the User within the Territory as specified under Article 3. (Territorial Restrictions).
8.3. RESERVATION OF RIGHTS AND OWNERSHIP
Kakao Games Europe reserves any and all rights, implied or otherwise, which are not expressly granted to the User in the Agreement. The User understands and agrees that (i) the Game is protected by copyright and other intellectual property laws and treaties, (ii) Kakao Games Europe owns the license to provide the Game to Users in the Territory, (iii) the Game is licensed to the User and no intellectual property rights on the Game are transferred to the User, and (iv) the Agreement does not grant the User any rights to Kakao Games Europe or third party trademarks or service marks.
The violation by the User of the Game Licensing terms set forth in Article 8.1. (Rights granted to the User), 8.2. (License restrictions) and 8.3. (Reservation of rights and ownership) shall qualify as a Default under Article 17.3. (Termination for cause) and justify the permanent ban of any involved Account as well as any other Account owned by the User and the immediate termination of the Agreement for cause by Kakao Games Europe.
9. PROVISIONS APPLICABLE TO BETA TEST PHASES
Notwithstanding any provision to the contrary, Kakao Games Europe does not provide any warranty for the Game during the Beta Test phases, nor that any or all features tested during the Beta Test phases will be available at the Release or that the Game will operate properly. The User understands that the Beta Test phases are used by Kakao Games Europe in order to test the servers, the localization of the Game, balance, and modify Game features. As such, the Game may be unstable during the Beta Test phases and the gaming experience may change after the Release.
The User is informed that all the characters created in the Game, including all their experience and items, (i) may be wiped during the Beta Test and (ii) will be wiped at the end of the Beta Test, before the Release. In such an event, Kakao Games Europe is not liable to User for any costs, loss or damage.
10. PURCHASE OF KCoin, GAME CURRENCY, VIRTUAL ITEMS AND SUBSCRIPTION
10.1. LICENSE GRANTED ON KCoin, GAME CURRENCY
The User can purchase KCoin or Game Currency in the Shop.
The purchase of KCoin or Game Currency is not a delivery of goods, but the provision of digital content licensed by Kakao Games Europe to the User. Subject to the terms of the Agreement, Kakao Games Europe grants the User a non-transferable, non-sublicensable and non-exclusive license for the duration of the Agreement to use the KCoin or Game Currency in the Game to purchase the Game Currency and/or game specific Virtual Items.
With respect to the purchase of Game Currency and/or Virtual Items reference is made to the Game Terms.
10.2. REIMBURSEMENT OF KCoin, GAME CURRENCY
Kakao Games Europe will not provide any compensation for or refund of the KCoin and/or Game Currency and/or Virtual Items on the User’s Account. This also includes the following events:
- the Agreement was unilaterally terminated by the User, whether the termination resulted from a modification of the Agreement or not;
- the Agreement was terminated by Kakao Games Europe due to a Default by User;
- the damage alleged by the User resulted from the User sharing his or her Account with third parties, including the User’s family members, or third parties accessing the Account.
Notwithstanding the above, Kakao Games Europe will provide compensation for the Game Currency and/or Virtual Items in the following event:
- loss of the Game Currency and/or Virtual Items or expiration of Virtual Items resulting from an attributable hardware or software failure on Kakao Games Europe’s side, provided that the User is not involved in any way in the events that lead to the loss.
Notwithstanding the above, Kakao Games Europe will provide compensation for KCoin in the following event:
- discontinuation of the Game by Kakao Games Europe pursuant to Article 17.2. (Termination by Kakao Games Europe), provided that the KCoin was acquired less than two (2) months prior to the announcement of the discontinuation of the Game.
The Subscription is part of the Services and your agreement with Kakao Games Europe.
At the end of the Free Trial period and after expiry of the Subscription period that you previously purchased, you must pay an additional amount to continue your Subscription and play the Game during an additional period. If you purchase an additional Subscription period while you still have an active Subscription period, the additional Subscription period will be added to your active Subscription period.
Important: During a period of 14 days after entering into the agreement for a Subscription period, you have the right to withdraw from the agreement for the Subscription period. However, you explicitly acknowledge and agree that you give up this right in case you login to game server access, and/or play the Subscription Game. If you do not login to access, and/or play the Subscription Game and want to withdraw from the agreement for the Subscription period to receive a refund of the price that you paid for the Subscription period, please contact customer service within 14 days after entering into the agreement for the relevant Subscription period.
For the long-term sustainability of the Subscription Game, and to continue to engage current Users and attract new Users, Kakao Games Europe is entitled to change the contents, functioning and/or user experience of the Subscription Game (i.e. the Subscription). Moreover, Kakao Games Europe is also entitled to modify the amount of the Subscription fees. If you do not agree with the changed Subscription fees and/or changed contents, functioning and/or user experience of the Subscription Game (i.e. the Subscription), you have the right to terminate the agreement for the Subscription with Kakao Games Europe.
11. USER CONTENT
11.1. LIMITATIONS APPLICABLE TO USER CONTENT
The User is not allowed to create or prepare any derivative work based on the Game unless such derivative work falls under the definition of “User Content” provided in Article 1. (Definitions).
The User is not allowed to create or provide any software which would provide an unfair advantage in the Game to its Users and/or third parties. In order to maintain a level playing field in the Game, Kakao Games Europe is solely entitled to decide what should be considered as an “unfair advantage”.
11.2. LICENSE GRANTED ON USER CONTENT
The User grants Kakao Games Europe a worldwide, sublicensable (through multiple tiers), transferable, irrevocable, perpetual and royalty free license on the User Content, to:
- reproduce, change and display User Content on the official social network pages of the Game and/or any other official social network page maintain by Kakao Games Europe, including, but not limited to, Facebook, Twitter and Youtube;
- reproduce, change and display User Content on the Website.
The User also allows Kakao Games Europe to communicate the User Content to third parties, including fan-sites of the Game and other medias for the purpose of promoting the Game and/or the User Content.
Kakao Games Europe will not generate any direct revenue from the User Content (i.e. by selling the User Content) without the prior approval of the User, unless such approval was provided by the User prior to taking part to an event organized by Kakao Games Europe. The User shall not withhold its approval on unreasonable grounds.
12. SERVICES POLICIES
12.1. COMMON RULES
12.1.1. Inappropriate or infringing content
Kakao Games Europe does not vouch for or warrant the accuracy, completeness or usefulness of any message, article, link, or comment posted by other Users in the Services and shall not be responsible for the contents of any such message, article, link or comment.
The messages express the views of the author of the message, not necessarily the views of Kakao Games Europe. The User can report any violation of the Services policies either by clicking on the report icon for that purpose on the Forums, or by reporting the issue to customer support.
The User shall not use the Service(s) to post any material which is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, promoting or encouraging suicide, infringes on intellectual property rights, or otherwise violates any applicable law or the Agreement.
The User shall not use the Service(s) to post any advertisement, link or (commercial) information regarding content which is in violation of the provisions of the Agreement.
The User shall not post any material covered by intellectual property rights, unless the intellectual property rights are owned or licensed by the User or by Kakao Games Europe and the posting thereof does not infringe any third party intellectual property rights.
12.1.2. Naming policy
The User shall not use character names, family names, guild names, clan names and/or nicknames on the Website, the Forums and in the Game that are:
- Vulgar, abusive, hateful, racist, defamatory, threatening, pornographic or sexually orientated;
- Referring to inappropriate or private parts of the human body or bodily functions;
- Referring to drugs or illegal activities;
- Related to the Nazi regime;
- Referring to religious figures or religious organizations;
- Related to political regimes or personalities involved or suspected of violation of human rights;
- Promoting violence, ethnical, racial or national hatred, hatred regarding sexual orientation;
- Impersonating an existing person;
- Violating the intellectual or industrial rights of a third party, including trademarks.
- Promoting or encouraging suicide;
- Intended to confuse or be difficult to track such as a barcode name (IlllIlllI);
- Referring to illness/disease.
- The use of alternate spelling, for instance by replacing letters with numbers, in order to violate the above-mentioned rules shall be considered a violation of the naming policy as meant in this Article 12.1.2.
12.1.3. Use of unauthorized programs
The User shall not attempt to modify the gameplay of the Game by using:
- Software or sets of instructions (including macros) allowing the automated operation of controls in the Game;
- Software or code allowing the User to play the Game in ways which would not have been otherwise possible in the regular gameplay.
12.1.4. Use of exploits
The User shall immediately report any process(es) or action(s) which, when performed in the Game, allow the User to play the Game in a way that is inconsistent, in breach with, non-compatible or in any way non-compliant with the manner in which the Game is supposed to be played, as determined by Kakao Games Europe.
The User shall never attempt to reproduce an Exploit, except for the purpose of providing the reproduction steps to customer support of Kakao Games Europe.
Any benefit acquired from the direct or indirect action of Exploiting shall be reversed if deemed necessary by Kakao Games Europe.
12.1.5. Threats to the provision of the services
The User shall not make threats or attempt to disturb the provision of the Services in any way including but not limited to spamming, denial of service attacks on the Game servers, performing actions whether alone or as a group, on the Service(s), that would affect the performances of the Service(s) or the experience of other Users of the Services.
Kakao Games Europe reserves the right to take any actions deemed necessary to maintain the integrity of the Service(s).
12.1.6. Account sharing
The User is not allowed to share the credentials of the User’s Account with anyone.
Notwithstanding the above, Kakao Games Europe may request the name of the User’s Account for events or in order to provide the User with customer support. However, Kakao Games Europe will never ask for the password of the Account.
12.1.7. Modification of the game client
12.1.8. Selling account(s) or item(s)
The User shall not attempt to sell the Game, Account, Virtual Items, KCoin, Game Currency or any item of the Game for money (i.e. real money) or other valuables. Any such transfer or assignment is deemed to be null and void.
12.1.9. Violation of law
The User undertakes to comply with applicable laws and regulations including, without limitation, the legislation of the country from which the User launches the Game and/or accesses the Services.
12.2. BREACHES AND OUTCOMES
Based on its severity, the violation of the service policies as provided in Article 12.1 may result in, but not limited to, one of the following:
- A temporary impossibility to post messages on the relevant Service;
- The renaming of the username that violates the naming policy;
- A warning;
- A temporary ban forbidding the User to use the relevant Service;
- A temporary ban forbidding the User to post messages on the Forums and to access the Game;
- A permanent ban forbidding the User to use the Services;
- A permanent ban forbidding the User to post messages on the Forums and to access the Game;
- A permanent ban on the Account forbidding the User to use the Account to access the Services;
- The termination of the Agreement for cause as provided for in Article 17.3 (Termination).
Kakao Games Europe shall ensure the proportionality of the sanction(s) in relation to the severity of the violation. Kakao Games Europe will not become liable for any costs, losses or damage made or suffered by User due to Kakao Games Europe imposing (a) sanction(s) on the User.
The violation of Articles 12.1.3. (Use of unauthorized programs), 12.1.4. (Use of Exploits), 12.1.5. (Threats to the provision of the Services), 12.1.7. (Modification of the Game Client), 12.1.8. (Selling Account(s) or item(s)), 12.1.9. (Violation of law) shall qualify as a Default under Article 17.3. (Termination for cause) and justify the permanent ban of any involved Account as well as any Account owned by the User and the immediate termination of the Agreement for cause by Kakao Games Europe.
Kakao Games Europe undertakes to provide and to operate the Services in accordance with the terms and conditions and for the fees specified in the Agreement.
Kakao Games Europe undertakes to use its best efforts to make the Services available at all time to the User as from the Release of such Service. Kakao Games Europe does not warrant that the provision of the Services will be free of errors or uninterrupted. The User accepts that the Services, including the Games, only contain the functionalities and other characteristics available at the moment of use by User (“as is” and “as available”). Each and every use of the Services is for the User’s own risk and responsibility.
- downtimes making the Service(s) unavailable in order to add content, fix bugs or Exploits;
- downtimes or degraded performances of the Service(s), for the duration of hardware updates required in order to improve the User’s experience;
- degraded performances due to a high number of Users of the Service(s) or from their interaction.
The User is solely responsible for the purchase and/or the proper operation of the infrastructure necessary to use the Services. Kakao Games Europe has no responsibility related to transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet towards a User.
Kakao Games Europe does not warrant the compatibility of the Game with the User’s hardware and/or system. System requirements provided by Kakao Games Europe are for general information purposes only and the User’s experience may vary depending on, inter alia, the brand of the hardware, its condition or on the software installed on the User’s system.
Kakao Games Europe does not warrant the continuous hardware compatibility of the Game. Kakao Games Europe reserves the right to modify the minimal and recommended hardware and system requirements, including the possibility to stop supporting operating systems.
Each Party (hereinafter the “Indemnifying Party”) shall indemnify and keep the other Party harmless (hereinafter the “Indemnified Party”) against any costs, claims, damages, losses and expenses, including counsel costs and re-tendering charges, which the Indemnified Party suffers which arise as a direct result of (i) in the event that Kakao is the Indemnifying Party: any claim that the use by the Indemnified Party of any intellectual property rights in the Service(s) infringes the intellectual property rights of any third party, and (ii) in the event the User is the Indemnifying Party if User Content infringes the intellectual property rights of any third party (hereinafter a “Claim”).
The obligations of the Indemnifying Party under this Article 15 are conditioned upon the Indemnified Party (i) giving prompt written notice of the Claim to the Indemnifying Party; (ii) permitting the Indemnifying Party to retain sole control of the investigation, defence or settlement of the Claim, and (iii) providing the Indemnifying Party with such cooperation and assistance as the Indemnifying Party may reasonably request from time to time in connection with the investigation, defence or settlement of the Claim.
Kakao Games Europe shall have no obligation hereunder to defend the User against any Claim (a) resulting from use of the Service(s) other than as authorized in the Agreement, or (b) to the extent the Claim arises from or is based on the use of the Service(s) with other products, services, or data not supplied by Kakao Games Europe if the infringement would not have occurred but for such use. Kakao Games Europe shall, at its expense and option either (i) obtain for the User the right to continue using the Service(s), (ii) replace the Service(s) with a functionally equivalent non-infringing product, (iii) modify the Service(s) so that they are non-infringing, or (iv) stop providing the Service(s) and refund the fees invoiced by Kakao Games Europe and paid by User for the infringing Service(s) pursuant to the Agreement for the last six (6) months prior to the day the Service(s) became unavailable as a result of the Claim.
To the extent allowed under applicable law, this Article 15 states the entire liability of Kakao Games Europe, and the User’s sole and exclusive remedy, with respect to a Claim. However, overriding mandatory law will prevail.
To the maximum extent permitted by applicable law, the liability of Kakao Games Europe is limited solely to the direct damage caused to the User by the fault of Kakao Games Europe, excluding any indirect damages.
Direct damage is understood to mean exclusively:
- damage demonstrably caused directly in relation to receiving proper performance, however this damage shall not be compensated if the Agreement is rescinded (“ontbonden”);
- reasonable costs incurred to prevent or limit direct damages that could be expected from the event on which is the liability is based;
- reasonable costs incurrent in determining the cause of the damage.
Indirect damages are all other damages than direct damages, including loss of reputation, loss of a contract, loss of a chance, loss in production, disorganization of the User’s operations and or loss of data.
The aggregate liability of Kakao Games Europe for all damages and all other losses for any cause arising under the Agreement shall not exceed the total of the fees invoiced by Kakao Games Europe and paid by the User pursuant to the Agreement for the last six (6) months prior to the day the User notified the damage(s) to Kakao Games Europe.
The limitations and exclusions of liability mentioned in the preceding paragraphs of this Article will lapse if and in so far as the damage is the result of intentional or willful recklessness on the part of Kakao Games Europe or its managers (“own actions”).
17. TERMINATION OF THE AGREEMENT
17.1. TERMINATION BY THE USER
The User can terminate the Agreement at any time by contacting customer support and requesting the termination of the Agreement.
17.2. TERMINATION BY KAKAO GAMES EUROPE
Kakao Games Europe may decide at any time to stop providing the Game to all Users by permanently removing the Game’s servers or preventing access to them to all Users of the Game, provided that Kakao Games Europe gives notice of the discontinuation of the Game to the User at least two (2) months before the date of termination of the Game.
17.3. TERMINATION FOR CAUSE
In the event a Party (the “Defaulting Party”) does not fulfil its obligations set forth in the Agreement, the other Party (the “Notifying Party”) shall notify the Defaulting Party:
- by contacting customer support if Kakao Games Europe is the Defaulting Party, or
- by contacting the User by email or with a notice displayed when the User attempts to connect to his or her Account or to the Game.
The notification shall describe the Defaults resulting from the Defaulting Party.
In the event Kakao Games Europe does not remedy to the attributable Defaults within two (2) months as from the date of receipt of the notice, the User shall be entitled to terminate the Agreement for cause. The impossibility for a User to access the Game shall in itself qualify as a Default of Kakao Games Europe justifying the termination of the Agreement by the User with the exception of article 19 (Force Majeure) and in the event Kakao Games Europe is required to conduct maintenance to the Game or any of the related hardware and/or software.
If the User is the Defaulting Party, Kakao Games Europe shall be entitled to (i) immediately stop providing all Services to the User without prior notice and without any indemnity or liability and (ii) terminate the Agreement for cause. Kakao Games Europe may, at its sole discretion, start providing the Services again to the User if the User remedies to the Defaults.
In the event of termination for cause (“ontbinding”) of the Agreement by the User, no reversal will take place of that which Kakao Games Europe has already delivered and/or performed and the User has already paid. Where applicable, amounts invoiced by Kakao Games Europe before the termination in connection with that which Kakao Games Europe has already properly performed or delivered in the implementation of the Agreement will continue to be owed with due observance of the provision in the preceding sentence and will become immediately due and payable in full at the time of the termination.
17.4. EFFECTS OF TERMINATION
In every event of a termination of the Agreement:
- Kakao Games Europe will stop providing all Services to the User;
- Kakao Games Europe will make the User’s Account(s) inaccessible;
- The User shall remove any copy of the Game, including the Game Client from his/her computer(s) and storage devices;
In the event Kakao Games Europe is the Defaulting Party, Kakao Games Europe shall reimburse to the User all the fees paid by the User to Kakao Games Europe for the affected Service during the six (6) months period preceding the termination of the Agreement.
In the event the User is the Defaulting Party or when the User decides to terminate the Agreement, Kakao Games Europe will not reimburse any of the fees paid by the User under the Agreement.
In the event of a termination resulting from a force majeure event under the conditions set forth under Article 19. (Force majeure), the User shall not be entitled to any reimbursement of the fees already paid to Kakao Games Europe.
The provisions of Articles 13. (Privacy), 15. (Indemnity), 16. (Liability), 20. (Severability), 21. (Waiver), 22. (Headings) and 23. (Governing Law and jurisdiction) expressly continue and survive the termination or expiration of the Agreement.
18. MODIFICATION OF THE AGREEMENT
Kakao Games Europe may modify at any time the terms and conditions set forth in the Agreement.
Such modified terms (hereinafter the “Modified Terms”) shall apply as from the day of their acceptance by the User. The User will be prompted to accept the Modified Terms when the User attempts to use the Services, purchase the Game or purchase KCoin. Refusal by the User to accept the Modified Terms will prevent the User from accessing and/or using the Services. The User can refuse the Modified Terms by terminating the Agreement as set forth in Article 17.1. (Termination by the User).
Modification of the Agreement in order to modify the terms and conditions applicable to the Services which have not yet been provided and charged to the User shall not require any prior notification.
For minor modifications of the Agreement such as the clarification of the provisions of the Agreement, modifications made in order to comply with applicable law or modification benefiting to the User, Kakao Games Europe shall only provide a notice on the Website or on the Forums mentioning the modification of the Agreement.
For major modifications such as modifications decreasing or greatly affecting the rights of the User under the Agreement, Kakao Games Europe shall provide a one (1) month prior notice to the User on the Website or on the Forums mentioning the modification of the Agreement.
For modifications the Agreement greatly affecting the gameplay of the Game, Kakao Games Europe shall provide a two (2) months prior notice to the User on the Website or on the Forums mentioning the modification of the Agreement.
19. FORCE MAJEURE
Each Party will be excused from performance for any period during which, and to the extent that, it is prevented from performing any obligation or Service as a result of a force majeure event, including illness of employees and/or absence of key employees needed for the Service, power failures, strikes, riots, government measures, fire, natural disasters, floods, failure of suppliers of Kakao Games Europe, shortcomings by third parties which were engaged by Kakao Games Europe, disruption of the internet connection, hardware failures and failures in (telecommunication) networks and denial of service attacks on the Services. Force majeure shall be interpreted in accordance with Dutch Law. Nothing in the foregoing shall be deemed to relieve a User of its obligation to pay Fees owed under the Agreement.
The Party relying upon a “force majeure” event shall notify it within forty-eight (48) hours of its occurrence:
- for the User, by contacting customer support;
- for Kakao Games Europe, by posting an announcement on the Website and/or on the Forums.
The duration of the interruption of the Agreement shall not exceed seven (7) calendar days. After such period of time, the Agreement may be terminated outright by contacting the customer support or by email with an acknowledgement of receipt by either Party.
21. GAME TERMS
Performance of any obligation required by the User under the Agreement may be waived only by a written waiver signed by an authorized representative of Kakao Games Europe, which waiver shall be effective only with respect to the specific obligation described therein. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Headings in the Agreement are for convenience only and do not affect the meaning or interpretation of the Agreement. The Agreement will not be construed either in favor of or against one Party or the other, but rather in accordance with its fair meaning. When the term “including” is used in the Agreement it will be construed in each case to mean “including, but not limited to”.
24. GOVERNING LAW AND JURISDICTION