Ekkorr' Service Guide

Terms of service

Effective Date: February 26, 2019
 
※ For users residing in the Republic of Korea, the Privacy Policy at this link will apply.

1. Introduction

These Terms of Service ("Terms of Service" or "Terms") in this document ("Agreement") describe and stipulate the provisions which govern and regulate the legal relationship between EKKORR Co.,Ltd. ("Ekkorr", "we", "us", "our") as provider of the Services and you as user of the Services("You" or "User").
 
By downloading, installing, accessing or using the Service (including Games), you agree that you have read, understood, and accepted to be bound by the Terms. You may also be required to register an account on the Service (an "Account"). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms representing and on behalf of you.
 
Ekkorr reserves the right, in its sole discretion, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the Terms, do not use the Service. Users are responsible for periodically viewing the Terms. Your continued use of the Service after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree with any portion of Ekkorr Policy, your only remedy is to discontinue your use of Ekkorr Service and cancel the accounts you have made through the Ekkorr Service. If you violate any of the Terms of Service, Ekkorr reserves the right to issue you a warning regarding the violation or immediately terminate or suspend, without notice, any or all accounts you have created using the Ekkorr Service.
 
Some of Ekkorr Games may be described as a "free game" within the description page of App marketplaces. YOU MAY DOWNLOAD AND PLAY SUCH GAMES FREE OF CHARGE, BUT THEY MAY CHARGE REAL MONEY FOR ADDITIONAL GAME CONTENT.

2. License

Ekkorr owns, has licensed, or otherwise has the right to use all of the content and materials that appear in the Ekkorr Service, including, without limitation, designs, text, graphics, pictures, video, information, applications, software, music, sound, other files, a user account, virtual items and virtual currencies, and their selection and arrangement, which are all protected by law from unauthorized use. The entire content and materials of the Ekkorr Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions.
 
By using the Ekkorr Service, you agree that no content or materials that appear Ekkorr Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited, without the express prior written permission of Ekkorr, expect that the foregoing does not apply to your own User Content (as defined in Section 4) that you legally post on the Ekkorr Service.
 
All other uses of copyrighted content and materials, including any derivative use, requires express prior written permission from Ekkorr. Any reproduction or redistribution of the content and materials not in accordance with the Terms of Service is expressly prohibited and may result in severe civil and criminal penalties. Ekkorr and/or its licensors remain the owners of right, title, and interest, including, but not limited to, copyrights and other intellectual property rights, in and to all content and materials posted on the Ekkorr Service by Ekkorr.
 
By using the Ekkorr Service, or by accessing any materials posted on the Ekkorr Service by Ekkorr, or derivative works thereof, you acknowledge that you do not acquire any ownership rights.

3. Ownership

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 EKKORR.

4. User Content and User Interaction

You are and will remain solely responsible for all communications, images, videos, sounds, content or part of the content of databases, databases, content and any other materials or information that you upload or transmit through the Services, including without limitation any text, voice transmissions or recordings, or gameplay clips (“User Content”).
 
You represent and warrant that the User Content that you post or transmit will not:
  • Infringe the copyright, trademark, database or other intellectual property rights of a third party. You represent and warrant that you own or have all necessary licenses, rights, consents, and permissions to post or transmit the User Content on the Services and that the User Content does not violate any applicable laws, the Terms, or any third party’s right of privacy or publicity.
  • Promote unauthorized sweepstakes or contest; and will not promote a lottery, or gambling of any type.
  • Prevent or impede other users from finding information related to the Services.
  • Facilitate or promote conduct that involves illegal content, pornography, piracy, online pharmacies, illegal drugs, underage drinking, or socially irresponsible behavior due to alcohol or drug consumption (such as drinking and driving).
  • Instruct users how to make bombs, weapons, drugs, illegal or illicit or dangerous items, or solicit involvement in behavior or organizations that are violent or illegal under applicable laws, including without limitation terrorist threats or activities.
You acknowledge and agree that Ekkorr may (but is not required to) moderate, monitor, review, and record any User Content (including the content of your oral or written communications) that you post, transmit, or make available on or through the Services and may, without prior notice to you and in its sole judgment, remove User Content for any or no reason, at any time. You agree that such monitoring or recording can be made using software that may be installed when you download software to access or use the Services. Unless required by law, Ekkorr assumes no liability for any failure to remove, or any delay in removing, User Content and does not assume any responsibility or liability for the use and/or storage of User Content.
 
You hereby grant Ekkorr a royalty-free, perpetual, irrevocable, fully transferable and sublicensable, non-exclusive, worldwide right and license to use your User Content in any and all media in any manner and for any purpose (including without limitation commercial, advertising, and promotional purposes) to the greatest extent permitted by applicable law, including without limitation the rights to reproduce, copy, modify, perform, display, publish, distribute, broadcast, transmit, or otherwise communicate to the public, or create derivative works from or adapt, use or otherwise exploit by any means whether now known or unknown and without any further notice or compensation to you of any kind. To the extent permitted by applicable law, you waive any moral rights of paternity, publication, reputation, or attribution with respect to Ekkorr's and other players’ use and enjoyment of User Content in connection with the Services. The license grant to Ekkorr, and the above waiver of any applicable moral rights, survives any termination or expiration of the Terms.
 
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Ekkorr cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. Ekkorr shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
 
You are solely responsible for your interaction with other players with whom you interact through the Service. Ekkorr reserves the right, but has no obligation to become involved in any way concerning the dispute of the Service. You will fully cooperate with Ekkorr to investigate any suspected unlawful, fraudulent or improper activity, including granting Ekkorr access to any password-protected portion of your account, without limitation.
 
If you have a dispute with one or more users, you shall indemnify Ekkorr (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and every kind of damages (actual and consequential), known and unknown, arising out of or in any way connected with such disputes.

5. In-Game Items and Purchases

The Service allows you to “earn” In-Game Items. You may also use real money to purchase a license to use certain In-Game Items. In-Game Items, including virtual currencies within the Game are for personal non-commercial entertainment purposes, have no independent value outside of the Game, may not be redeemed for any cash value, and is simply a measurement of your limited license.
 
Ekkorr does not control or manage the payment process; please review the relevant terms and conditions with the applicable platform provider (e.g., Apple’s iOS, Google’s Android OS, etc.) before making any In-App Purchases.
 
Ekkorr may manage, regulate, control, modify or eliminate In-Game Items and/or Merchandise (any other goods or services) at any time, with or without notice. Ekkorr shall have no liability to you or any third party in the event that Ekkorr exercises such rights.
 
Other than as authorized in the Service, you shall not sell, redeem or otherwise transfer In-Game Items or Merchandise to any person or entity, including but not limited to Ekkorr, other users or any third parties.
 
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT EKKORR IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-GAME ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. IN THE EVENT THAT YOU DO NOT RECEIVE AN IN-GAME ITEM THAT YOU PROPERLY PURCHASED THROUGH A PLATFORM PROVIDER, YOU MAY REQUEST A REFUND DIRECTLY FROM THAT PLATFORM PROVIDER SUBJECT TO THEIR REFUND POLICY.
 
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Ekkorr may revise the pricing for the goods and services offered through the Service at any time.

6. Updates

Ekkorr may provide you with updates as they are made generally available by Ekkorr in its sole discretion. You acknowledge and agree that Ekkorr may provide updates to you remotely and automatically, including by (without limitation) accessing the device on which you use the Services. Any updates provided or made available by Ekkorr are part of the Services and will be subject to these Terms.

7. Disclaimer of Warranties

THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
 
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER EKKORR NOR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, EKKORR AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "EKKORR PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
 
Because some jurisdictions do not allow the exclusion of certain warranties, some of the above disclaimers may not apply to you.

8. Limitation of Liability

NEITHER EKKORR NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR MATERIALS, INCLUDING ANY MATERIALS AVAILABLE THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS, ANY LINKED WEBSITES OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE APPLICATIONS OR THE WEBSITES OR ANY THIRD PARTY PLATFORM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, MATERIALS, INCLUDING ANY PRODUCTS OR SERVICES OR THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS OR ANY LINKED WEBSITES IS TO STOP USING THE APPLICATIONS, THE WEBSITES, MATERIALS, SUBMISSIONS, PRODUCTS, SERVICES, OR LINKED WEBSITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO EKKORR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO EKKORR IN THE PRECEDING SIX (6) MONTHS, IF ANY, TO ACCESS OR USE THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND EKKORR OR A REPRESENTATIVE OF EKKORR CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS. MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT STATED HEREIN. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF SERVICE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
 
You agree to indemnify, defend, and hold Ekkorr (and its officers, directors, partners, employees, consultants, and agents) harmless from and against any third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any allegation that any Submission or other information you post, submit to us or transmit to the Services or through a Third Party Platform infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (b) your breach or violation (including through use of your username or Account or Third Party Accounts, whether or not by you) of the Terms, including the Standards, or any applicable laws or regulations; (c) your access to and use any of the Applications, the Websites, Services or the Materials, including any Services available on Third Party Platforms, or Submissions; (d) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines posted, submitted or transmitted by you to the Applications, the Websites, in the Services, or on any Third Party Platform; and/or (e) any claim that one of your postings, User Ideas or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.

9. Dispute Resolution

If you have any claim arising out of the Terms of Service against us, we strongly encourage you to contact our customer support team to seek a resolution. If both parties fail to reach a settlement within 30 calendar days after the first contact occurs, either party may refer such a dispute to the Korean Commercial Arbitration Board in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board. The arbitration is to be conducted before a single arbitrator whom the parties jointly select. If the parties are unable to agree upon the arbitrator, either party may request the Korean Commercial Arbitration Board to select the arbitrator.

10. Severability

If any provision of these Terms is found to be illegal or unenforceable, that provision will be severed. The remainder of the Terms will remain in full force and effect. The severed provision will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

11. General Provisions

11.1. Assignment

This agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the prior written consent of Ekkorr. Ekkorr may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section shall be null and void.

11.2. Supplemental Policies

Ekkorr may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

11.3. Entire Agreement

The Terms of Service (including the Ekkorr Privacy Policy) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and Ekkorr relating to your rights and obligations in the use of Services.
 
If there is any conflict between the Terms of Service and any other rules or instructions posted elsewhere, Ekkorr shall resolve the conflict in its sole discretion.
 
If any court or other competent authority finds any of the terms of the Terms of Service to be invalid or unenforceable, the other terms will not be affected.

11.4. No Waiver

The failure of Ekkorr to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Ekkorr.

11.5. Notices

We may notify you via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Ekkorr Privacy Policy shall be in writing and addressed to: Ekkorr, 14th Floor, Nambusunhwanro 1820, Gwanak-gu, Seoul, the Republic of Korea. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

11.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to Ekkorr are of a unique and irreplaceable nature, the loss of which shall irreparably harm Ekkorr and which cannot be replaced by monetary damages alone so that Ekkorr shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
 
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Ekkorr game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 8 (if any).

11.7. Force Majeure

Ekkorr shall not be responsible or do not have any liability for any delay or failure to perform to the extent required due to unforeseen circumstances or causes beyond reasonable control of Ekkorr, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, acts of a public enemy, error in the coding of electronic files, Internet or other network "brownouts" or failures, power failures, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.

11.8. Withdraw Consent

If you no longer wish to use our Services, you may withdraw your consent.
 
You shall contact us at ekkorrgame@ekkorr.com to withdraw your consent.
 
When Ekkorr receive an e-mail that requests a withdrawal of the consent, Ekkorr shall accept the request by processing the withdrawal within a reasonable timeframe.
 
When the request is accepted, you shall not use the Services, and all the personal digital records of the account will be destroyed within a reasonable timeframe.
 
However, Ekkorr may retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.