Effective Date: 2023.09.25.
Table of Contents
We will occasionally update this Policy. When we do, we will revise the effective date above. While we will periodically inform you of this Policy or any material changes to it, your continued use of our Games and Services after such changes means you accept the Policy as revised. We encourage you to periodically review this Policy to stay informed about how we collect and process your personal information. From time to time, we may ask you to confirm your acceptance of this Policy when we offer our Games and Services.
What Information Do We Collect
We will collect the following categories of information that may directly or indirectly identify or describe you or your device or information that may be reasonably capable of being associated with or reasonably linked to you or your device. The information you provide to us may differ depending on the circumstances. For example, these include:
- Identifiers, such as nickname, name, IP address, email address, postal address, phone number, social media information (*), date of birth, gender, country of residence, language, nationality, etc., to provide or operate Games and Services.
- Device ,Network Information such device model, OS version, MAC address, device ID ,advertisement ID(ADID, IDFA), etc.
- Game information, such as game setting, play date/time, etc.
- Purchase information, such as purchase date, items, etc.
When you participate in social features (such as in-game chat), the information that you disclose is public information. We may store and access it, and it may be read, copied, collected or used by other users without your consent. For some activities, we may ask you to provide non-personal information including but not limited to character preferences (such as birth of date, region, gender, etc.).
How We Use Your Information
We use the collected information for a variety of purposes, primarily, to provide the Games and Services to players like you and to improve the quality of our Games and Services. These include:
- To operate and provide our Games and Services;
- To develop new games, improve the quality of our Games and Services, and fix bugs;
- To detect and act upon the illegal or unauthorized use of our Games and Services;
- To manage inquiries and requests from you (e.g. refund items in-game, etc.);
- To provide advertising information and other information on marketing and promotional events and surveys;
- To track usage patterns, analyze trends of users, and calculate statistics on Games and Services;
- To operate Esports and provide opportunities participate in tournament(s);
- To participate in partnership programs;
- To prevent, detect, identify, investigate, and respond to potential or actual claims, liabilities, prohibited behavior, cheating, hacking or criminal activity; and
- To comply with and enforce legal requirements, agreements, and policies.
Most of the time, our processing of your personal information is necessary to respond to you or process your request. We may also process your information to comply with a relevant legal obligation. From time to time, we may ask for your consent to use your information for specific reasons. Where consent was provided and is required, you may withdraw your consent at any time by contacting us at the address provided in this Policy.
How We Share Your Information
We share certain personal information with third parties to provide our Games and Services to you, including service providers that process personal information on behalf of us to provide our Games and Services to you, like customer support and to manage our community. Some examples of these third parties are provided below. But we do not share your information with third parties for cross-context behavioral advertising.
- Third party program restriction providers to block cheating tools and unauthorized programs;
- Cloud computing service providers to provide cloud storage services;
- Payment service providers to assist with payment for transactions or providing withdrawing service for sellers;
- Marketing platforms and providers of analytics services relating to player behavior, in order to tailor the Service and to conduct marketing activities;
- Online survey service providers in order to improve the game service;
- Customer service providers to answer users’ inquiries;
- Real-time voice transmission platform providers to provide voice chat services; and
- Esports events providers to hold and operate the Esports events.
We may share your information where such disclosure is essential to comply with a legal obligation or a lawful data access request, pursuant to a merger or acquisition, with our affiliates for the purposes described in this Policy, or where you have otherwise provided your consent or at your direction.
Cookies and Related Technologies
Cookies are small files downloaded to your computer (if your browser is enabled to accept cookies) to track movements within websites and to customize your experience within the website. Most Internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or “Help” screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of our websites may not function properly.
2) Website Analytics
We use analytics services on our websites to allow us to record information on the use of this Site and to constantly improve our offering.
This Site uses Google® Analytics, a web analysis services offered by Google Inc. (“Google”). We may use the following advertising functions of Google® Analytics and collect personal information as provided by Google, and you may withdraw your consent by deactivating such functions in Google’s advertising settings: Remarketing by using Google® Analytics; Google® Display Network Exposure Report; Google® Analytics Demographics and Interests Report; and Integrated service allowing the collection of data through Google® Analytics by using advertising cookies and anonymous IDs.
If you wish to opt-out from your information or data being used by Google Analytics, you may download the Google Analytics Opt-out Browser Add-on available here: https://tools.google.com/dlpage/gaoptout.
3) Anti-Cheat and Fraud Prevention Technology
International Data Transfers
We operate globally and to provide our Games and Services may transfer your data to countries and other regions outside of the country where you are located. If your personal information is transferred, stored or processed by us, we take reasonable steps to safeguard the privacy of your personal information, including entering into confidentiality and standard contractual clauses with vendors where appropriate. Additional information concerning the international transfer of your information is available depending on your region. See the supplemental terms section below for more information.
Retaining and Deleting Personal Information
In principle, we will remove your personal information without delay after the purpose of collecting personal information is achieved. Personal information stored in physical form will be shredded or incinerated, and personal information stored electronically will be removed using technical measures in a way that the information cannot be reproduced. However, we may retain your personal information even after you have closed your account with us or we have ceased providing Services to you, if retention of your personal information is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud, cheating or abuse, or enforce this Policy or any other agreement we may have with a player.
Our Policy Concerning Children
We do not knowingly collect, use or share any information about children under 14. without verifiable parental consent or as permitted by law. If you are a parent or guardian and you believe your child has provided us with information, you can contact us and request your child’s information to be deleted from our system. When we process the child’s information under 14, we will be obtaining consent from parents or guardians for the collection of personal information from their children before they are using our Games and Services.
Links and Third-Party Services
Security of Your Information
We have put in place appropriate security measures, including encryption and de-identification, to protect your personal information. In addition, we limit access to your personal information to those employees, agents, persons, or companies who have a business need to know or access the information. They will only process your personal information on our instructions, and they are subject to a duty of confidentiality where appropriate. Please note, however, that no data transmission over the internet is 100% secure, and that complete security of any information we collect and use therefore cannot be guaranteed. Our information protection activities are annually audited by external authorities consistent with the Korean information security standard ISMS-P (Personal Information & Information Security Management System).
Your Privacy Rights
Subject to limitations in applicable law, you are entitled to object to or request the restriction of processing of your personal information, and to request access to, rectification, erasure, and portability of your own personal information. To make a request concerning your rights or if you have any other question, please contact us by sending an email to the address specified in the “13. Contact Us” section. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
We may amend, at our discretion, any portion of this Policy at any time by posting or displaying the amended Policy on our Games and Services. If we make material changes, we will post a prominent notice on our websites or in our Games and Services or give you other reasonable notice before any material changes take effect. All other changes are effective upon posting.
If you have any questions about this Policy, or your dealings with our Games and Services, please contact us by sending an email to [email protected]
1) International Data Transfer
If we transfer your data outside of the EEA to a country that is not recognized by the European Commission as ensuring an adequate level of data protection, we endeavor to apply suitable measures to safeguard your personal data in accordance with applicable data protection and privacy laws. These safeguards may include data transfer agreements implementing the latest standard contractual clauses (a form of data transfer agreement pre-approved by the European Commission as providing adequate safeguards for personal data). You may ask for a copy of such appropriate measures by contacting us as set out in this Policy. We otherwise transfer personal data with consent; to perform a contract with you; or to fulfill a compelling legitimate interest in a manner that does not outweigh your rights and freedoms.
2) Your Privacy Rights
You have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how we process your personal information. The data protection authority you can lodge a complaint with may be that of your habitual residence, where you work, or where we are established.
If you are a resident in Japan, for any questions or issues in relation to the collection and handling of your personal information, you may reach out to our Chief Privacy Officer by sending an email to Chief Privacy Officer. We will respond to your concerns and queries at the earliest and in compliance with Japanese Act on the Protection of Personal Information and JapaneseTelecommunications Business Act, etc.
1) Joint Use of Your Personal Data
We may use your personal data jointly with our affiliates as follows.
a. Personal data used jointly
Any and all of your personal data that we collected in accordance with this Policy, whether directly, automatically or through third parties, including but not limited to;
- Identifiers, such as nickname, name, IP address, email address, postal address, phone number, social media information ,(such as your platform profile/account), date of birth, gender, country of residence, language, nationality, etc.,
- Internet or other electronic network activity information, such as browsing behavior while using our Games and Services (i.e. device model, OS version, MAC address, device ID, advertisement ID(ADID, IDFA),etc.), etc.
- Game information, such as game setting, play date/time, etc.
- Transaction information, such as purchase date, items, etc.
b. Purpose of use by the joint users
For the purposes described specified in “3. How We Use Your Information” in this Policy.
c. Party responsible for management of the personal data
We have designated the following persons as the Chief Privacy Officer to remain responsible for responding to user inquiries regarding personal information and resolving any related complaints.
- Name: Kim Jaehun
- Affiliation: Security Dept.
- Contact Information: [email protected]
- Address: 3F, 11, Seolleung-ro 94-gil, Gangnam-gu, Seoul, Republic of Korea 06161
2) International Data Transfer
If we transfer your data outside of Japan to a country that is not recognized by Personal Information Protection Commission as establishing a personal information protection system recognized to have equivalent standards the same in Japan, we endeavor to apply suitable measures to safeguard your personal data in accordance with applicable data protection and privacy laws. These safeguards may include data transfer agreements implementing the reasonable standard measures following the requirements of Section 1 of Chapter 4 in Japanese APPI. You may ask for a copy of such appropriate measures by contacting us by contacting to Chief Privacy Officer. We otherwise transfer personal data with consent; to perform a contract with you; or to fulfill a compelling legitimate interest in a manner that does not outweigh your rights and freedoms.
3) Your Privacy Rights
You have a right to request disclosure of your personal data retained by us (“Retained Personal Data”) and purpose of use thereof, disclosure of records of third parties transfer, correction, addition, deletion and discontinuance of the use and third parties transfer of the Retained Personal Data. To make a request concerning your rights above, please contact us by sending an email to Chief Privacy Officer([email protected]). In special cases (i.e. request your rights through mailbox, etc.), we may demand a fee when you request your rights.
4) Cookies and Related Technologies
- Items to be sent after conversion: browser information (cookie ID, date and time, user agent, activity, etc.)
- Destination company: Google LLC
- Purpose of use of sender: To improve advertising effectiveness without identifying individuals and to measure the effectiveness of advertising
- Purpose of use of destination: To measure the effectiveness of advertising and to improve products, to analyze and research how the service have been used, To notify users about the services of providers and its partners.
1) Privacy Rights for United States Users
Several U.S. states provide their residents with rights to:
a. Confirm whether we process their personal information
b. Access and delete certain personal information;
c. Take their data from one location to another (data portability);
d. Opt-out of personal data processing for targeted advertising and sales;
e. Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose;
f. Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
To exercise any of these rights submit a request form in our support page (URL: https://support.challengersgames.com/hc/en). To appeal a decision regarding a consumer rights request, follow the instructions in the written notice we will provide to you.
Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address:
- Email: [email protected]
- Support Center: https://support.challengersgames.com.
However, please know we do not currently sell data triggering that statute’s opt-out requirements.
If you are a California resident, you may have additional rights as detailed below. Within the preceding 12 months, we have collected or disclosed the following categories of personal information about you:
a. Identifiers, such as nickname, name, email address, postal address, phone number, social media information (*), etc.
- How collected: When you access or play our Game or Services,, we collect this directly from you.
- How disclosed: With our affiliates and service providers (e.g., platform service provider, chatting service provider, block cheating tool service provider, cloud storage service provider, payment service provider, marketing platform service provider, online survey service provider, customer service provider, esports event provider).
b. Characteristics of protected classifications such as sex, date of birth, language, nationality, etc.
- How collected: When you access or play our Games or Services, we collect this directly from you.
- How disclosed: With our affiliates and service providers (e.g., platform service provider, cloud storage service provider, marketing platform service provider, online survey service provider, customer service provider, esports event provider).
c. Internet or other similar network activity, such as browsing behavior while using our Games and Services (e.g., device model, OS version, MAC address, device ID, advertisement ID (ADID, IDFA), game information, etc.), identifiers such as IP address.
- How collected: When you access or play our Games or Services, we collect this automatically.
- How disclosed: With our affiliates and service providers (e.g., platform service provider, chatting service provider, block cheating tool service provider, cloud storage service provider, payment service provider, marketing platform service provider, online survey service provider, customer service provider, esports event provider).
d. Geolocation information obtained by IP address.
- How collected: When you access or play our Games or Services, we collect this automatically.
- How disclosed: With our affiliates and service providers (e.g. platform service provider, block cheating tool service provider, cloud storage service provider, payment service provider, marketing platform service provider, customer service provider, esports event provider).
e. Commercial information, such as purchase date, items, etc.
- How collected: When you purchase items in Games or Services, we should be automatically collected from third party’s
- How disclosed: With our affiliates and service providers (e.g., platform provider, cloud storage service provider, payment service provider, marketing platform service provider, customer service provider).
f. Audio, electronic, visual, thermal, olfactory, or similar information such as voice chat data, profile image (when you login with social media account), etc.
- How collected: When you access or play our Game or Services, we collect this automatically.
- How disclosed: With our affiliates and service providers (e.g., platform service provider, chatting service provider, block cheating tool service provider, cloud storage service provider, customer service provider, esports event provider).
We determine the retention period for each of the categories of personal information listed above based on our business or commercial purposes for obtaining the information, our legal or regulatory requirements applicable to such information, and in relation to litigation or to protect our rights.
Your California Privacy Rights
You may exercise the following rights at any point in time in connection with your personal information. To exercise such rights, please email us at [email protected] or visit our support page to request your rights.
Please note that at least your email address will be required to submit a request, and additional information may be required so we can verify you. If you exercise your rights via email, you must specify the right(s) you wish to exercise.
We will verify your identity and respond to your request within 45 calendar days. If necessary, we may take up to an additional 45 days to respond, for a maximum total of 90 days from the day the request is received, in which case we will notify you to explain the reason for the delay.
a. Right to Know & Right to Access
You have the right to request the following information from us up to two times within a 12-month period:
- The categories of personal information that we have collected from you over the past 12 months, and the specific pieces of personal information we have collected from you;
- The categories of sources from which personal information was collected;
- The business or commercial purposes for which personal information is collected;
- The categories of personal information that we have disclosed for a business purpose or sold during the past 12 months, and categories of third parties to whom the information was disclosed or sold (if applicable).
b. Right to Delete
You have the right to request that the personal information collected from you be deleted.
c. Right to Correct
You have the right to correct your personal information. You can edit your personal information via the in-game “Setting” menu or email to [email protected]
d. Right to Non-Discrimination
You have the right not to be discriminated against for exercising these privacy rights.
e. Right to opt-out of Selling and Sharing
You have the right to opt-out of the selling and sharing of your personal information as defined by California law by requesting that your personal information not be sold or shared in any form. With respect to targeted advertising, you can control the sharing of your personal information for targeted advertising purposes through our website by opting out from advertising cookies through the cookie banner.
HOWEVER, WE HAVE NOT “SOLD” PERSONAL INFORMATION TO THIRD PARTIES AS THAT TERMS IS DEFINED BY THE CCPA WITHIN THE PAST 12 MONTHS. ALSO, WE HAVE NOT “SHARED” PERSONAL INFORMATION WITH THIRD PARTIES FOR THE PURPOSE OF CROSS-CONTEXT BEHAVIORAL ADVERTISING.
f. Rights for California Minors
Minors under the age of 16 have the right to request the deletion, correction or copies of information publicly posted by you, such as on forums or bulletin boards.
g. Shine the Light
You have the right to request the categories of the personal information that we disclosed to third parties for their direct marketing purposes during the past 12 months and information on the relevant third parties. Furthermore, you may also request that your personal information not be disclosed to third parties for their direct marketing purposes.
h. Limit Use and/or Disclosure of Sensitive Personal Information
You have the right to limit our use of your sensitive personal information. However, WE DO NOT USE YOUR SENSITIVE PERSONAL INFORMATION for purposes that require us to offer this limitation option. If we collect your sensitive personal information, we will get your consent.
You may designate another person or entity (“authorized agent”) to act on your behalf in connection with your request for rights that are guaranteed by the CCPA. An authorized agent is a natural person or business entity registered with the Secretary of State to conduct business in California that you have authorized to act of your behalf to make a request to know or to delete.
In order to use an authorized agent for your request, we require that you provide signed permission to your agent. Your authorized agent can submit a request to know or delete by sending an email to [email protected]. If you contact us, we can offer you an authorized form for your agent to submit.
The above requirement does not apply should your agent have power of attorney pursuant to Probate Code sections 4000 to 4465. Please note that we may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf. Under the CCPA, your agent is responsible for implementing and maintaining reasonable security procedures and practices to protect your information and use your personal information only for the purpose of fulfilling your request.
ILLANG Terms of Service
Effective Date: 17th of Mar 2022
These Terms of Service (the “Terms”) applies to each of ILLANG available on the third party platforms including but not limited to Google Store and Apple App Store (the “Third party platforms”) (each, the “Game”) .
The Game comprises the game application (the “Game App”), the associated media, any application associated with the online mode of the game application (subject to any additional terms of service applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such application and materials (together, the “Game”) developed by Challengers Games Corp. (“Company”, “we”, “our,” or “us”), which is located at 3F 11, Seolleung-ro 94-gil, Gangnam-gu, Seoul, Republic of Korea 06161. Company provides game services, the official community website, and other game related services (Collectively, the “Service(s)”).
“User”, “you”, or “player” means the person who uses the Game and/or Service and accepts and agrees to be bound and abide by these Terms by: (i) installing, copying or otherwise using the Game App; (ii) using the Game; or (iii) using the Services. Depending on your country of residence, if you are below 18 years old and you choose to use the Service, we may ask consent from your parent or legal guardian.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “DO NOT ACCEPT” and COMPANY shall not grant to you the License (defined below) to the Game and you must not use the Game or Service.
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH IN SECTION 12 BELOW, WHICH REQUIRES, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
1. Limited License
The Company grants to you a non-exclusive, fully-revocable, limited right and license for the duration of the License Term to install and use one (1) copy of the applicable Game on one (1) device at any given time solely for your personal use (the “License”). Subject to section 3(e) (consent to account transfer), the License shall be non-transferrable. All rights not specifically granted under this License are hereby reserved by the Company and, as applicable, by its licensors. The Game is licensed to you, not sold. This License does not give you any title or ownership in the Game, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game.
Without prejudice to any other rights of the Company, the License shall remain in effect for as long as you use, operate or run the Game (“License Term”), or until otherwise determined by Company. The License shall terminate automatically if you fail to comply with these Terms. In such event, you must uninstall all copies of the Game and the Game App. You may also terminate the License at any time by uninstalling the Game App from your devices or hardware (including any archival copies).
2. Amendments, Updates, and Patches
(a) These Terms can be found at any time on the Company’s official website.
(b) The Company may change these Terms at its discretion, and at any time, to the extent that is consistent to applicable laws and regulations.
(c) Any material changes to these Terms will be brought to your attention as Company may determine in its sole discretion. If any such future changes to these Terms are unacceptable to you or cause you to no longer be in compliance with these Terms, you may terminate these Terms in accordance with section 10 (Period and Termination) below. You are otherwise responsible to check this page regularly to make note of any changes. Your continued use of the Services means that you accept and agree to the changes of the Terms.
(d) Company may provide updates, patches and other modifications to the Game that must be installed for the User to continue to play the Game properly or at all. Company may update, patch or modify the Game remotely and access the Game residing on your machine for such purpose, and you hereby grant to Company the right to deploy and apply such patches, updates and modifications. All provisions of these Terms that refer to the Game shall also include all such patches, updates and modifications.
(e) Company may also upgrade, change, or terminate the Game or Game App or may discontinue offering either or both without notice to you.
3. Prohibited Uses
Company provides the Game and the Service to Users only for personal, non-commercial and entertainment purposes, as limited by these Terms. You agree not to violate any of these Terms. Violation of any of these Terms may lead to temporary or permanent suspension of your any registration account that you create with us in relation to the Game and the Service (“Account”), your access to the Game, and/or your access to the Service, and some instances may also require an investigation by the Company, in accordance with these Terms. You agree to only use the Game and the Service, or any part of them, in a manner that is consistent with these Terms and the License and you SHALL NOT, AND NOT ATTEMPT TO:
(a) without written permission from Company, use, advertise or exploit in any manner the Game or the Service (in each case in whole or in part) commercially, including but not limited to use at a gaming center or any other location;
(b) use the Game in connection with unauthorized software, applications, services, or devices. Such use may be illegal, voids any warranty, and is a breach of these Terms;
(c) without a separate, additional license from Company, use the applicable Game or the Service or permit the use of the applicable Game or the Service, on more than one computer, handheld device or PDA or similar device now known or hereafter devised, at the same time;
(d) use the Game or the Service, or permit use of the Game or the Service, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by Company in writing;
(e) make copies of the Game or the Service (in each case in whole or in part), except that you may make one (1) copy of the Game for backup or archival purposes, or make copies of the materials accompanying the Game for non-commercial backup and reference only;
(f) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of the Game or the Service or any copies without the express prior written consent of Company which may involve the payment of a fee (for the Account and, separately, any digital assets).
(g) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game or the Service (in each case in whole or in part) or infringe any patent, trademark, copyright or other proprietary rights, except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Company and/or its licensors on creation, in any event); and all moral rights (these include the right to be credited as the author of a work and the right to object to derogatory treatment of a work) therein shall be deemed waived (which means you will not be able to enforce your moral rights);
(h) remove, disable or circumvent any security protections or any technical measures that control access to the Game or the Service;
(i) upload, modify, share, display or publish any information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(j) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game or the Service;
(k) export or re-export the Game or the Service any copy or adaptation of the Game or the Service in violation of any applicable laws or regulations;
(l) create data or executable programs that mimic data or functionality in the Game or the Service;
(m) steal and/or publish information belonging to others (including but not limited to personal information, non-personal information and payment information) without requisite consent or a license;
(n) impersonate any person, including the Company, our affiliates, our designated partners, our designated representatives, or our employees;
(o) harm the reputation of Company, our affiliates, our service providers or licensors, or the reputation of the Game or the Service;
(p) post, link to, advertise, promote, or transmit anything that is illegal, invasive of privacy, harmful, threatening, abusive, blasphemous, harassing, tortious, disparaging, defamatory, vulgar, sexually explicit, pornographic, paedophilic, libelous, obscene, hateful, racially or ethnically offensive, or relating to or encouraging money laundering or gambling;
(q) take advantage by exploiting, deceiving or misleading others in any way (as determined in our sole discretion);
(r) use the Game or Service (in each case in whole or in part) in a manner that is related to illegal activities or any action that negatively impacts the delivery of the Game or Service;
(s) exploit errors and bugs found while playing the Game or using the Service;
(t) violate any applicable law, rule, or regulation in connection with your access or use of the Game or Services;
(u) access or use the Game or the Service for any purpose that is beyond the scope of the Game’s or the Services’ intended use (in Company’s sole judgment);
(v) use / develop / advertise / trade / distribute unauthorized programs, including but not limited to, any programs that intercept communication between a game and a game server; any unauthorized third party programs or hardware devices that may affect the game or normal game play, including but not limited to, mouse, hacks, cheats, helpers, bots, scripts, trainers, automatic programs, automatic mouse, mouse with macro function, programs that collect or modify game data by reading the game memory.
(w) disrespect or use offensive words, symbols, or other communication (determined by context and in Company’s sole discretion) towards others, including based on their race, gender, nationality or otherwise;
(x) create offensive nicknames or those that may provoke negative imagery;
(y) team kill, without approval of the subject team player, or which otherwise interferes with normal team gameplay;
(z) intentionally team up between players or other teams in ways that the Company system does not presuppose in each game mode
(aa) stalk other players from match to match;
(ab) manipulate the results of the Game in an unfair way or otherwise access or use the Game or Services in a manner that confers unfair advantage or disadvantage to any payer including yourself;
(ac) upload, modify, share, display or publish any information that is harmful to minors; or
Any action which is not defined in these Terms that negatively impacts the delivery of the Game or the Service or negatively affects other players may be subject to warning and penalty, including termination of the License.
Furthermore, you agree that you shall abide by any safety information, security instructions, required updates, or any other relevant notices contained in the manual or otherwise associated with the Game or Service.
4. Accessing the Service
As a general rule, the Service is accessible for 24 hours a day throughout the whole year. However, the accessibility of the Service is subject to the Company shutting down the Service, in whole or in part, for any period the Company deems appropriate to enable the update or technical maintenance of the Service, or any other action that the Company determines in its sole discretion. The Company may make amendments to the Service or restrict access (including cancellation, termination, modification or suspension of a User’s Account or License) from all or specific Users without notice. Additionally, the Service may be unavailable depending on geographic location.
You agree and acknowledge that all rights, title, and interest, including intellectual property rights in and connected with the Game and the Service and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game, and any related documentation) (the “Game IP”), are owned by Company or its licensors. We do not provide you with any interest in the Game IP. Except as expressly authorized by us in writing, you may not create works based on the Game IP or modify, distribute, or transmit the Game IP. If you do not abide by the requirements of this section, we shall own all right, title, and interest in any works created, adapted, distributed, or transmitted via the Game or Services, or, in the alternative, have an unlimited license thereto.
6. Player Created Content
1) As a User, you may submit content to the Company. Any and all content Users submit to the Company via the Game or the Service (“Player Content”), and any intellectual property rights in the Player Content belongs to the Company from the moment it is created. To the extent that Company is not permitted to own the Player Content as specified above for any reason (for example there may specific laws in your territory which impact these rights being automatically vested in the Company), you agree that any and all Player Content that you submit, or authorized to be submitted, is legally transferred and assigned to the Company, together with all intellectual property rights in the Player Content. If any of your Player Content cannot be legally transferred to the Company, you agree that the Company will be allowed, directly or indirectly, throughout the world and forever, to use the Player Content (including to modify, adapt, use, reproduce, license, publish, broadcast, perform, sell, translate, create derivative works from and distribute any Player Content for any purpose, commercial or otherwise, in any format existing now or in the future), without payment or credit to you. You also give up any right to claim that any use by the Company of any Player Content infringes any of your rights, including but not limited to moral rights, rights of privacy, rights to publicity, proprietary or other rights, and/or rights to any credits for the material or ideas set forth therein.
The Company has ownership rights and intellectual property rights to the Game and Service.
– All Player Content must acknowledge and display the appropriate copyright and trademarks. Using third party intellectual property without the proper license or permission is not permitted.
– All Player Content must not contain (or link to) other sources and/or advertisements containing any hacks, exploits, gold farming, illegal activities, content that would conflict with the Game’s global rating, if applicable, or any other inappropriate content, as determined by Company.
– The Company does not commit to any monitoring or supervision of Player Content. However, there may be situations in which the Company does need to monitor, screen, edit, block or remove any Player Content, in whole or in part, sent through or appearing on the Service, for example if the Company considers the Player Content may be in breach of these Terms or otherwise may cause harm or otherwise if required of us under law.
The Game is protected by the copyright laws of the Republic of Korea, international copyright treaties and conventions, Korean and common law trademark laws, and other relevant laws. All rights are reserved worldwide. The Game contains certain materials licensed by Company from others, and Company and its licensors may protect their rights in the event of any violation of these Terms.
2) The Company has the ownership, licensing rights and all other rights to all content related to the Game. You have the limited right to use in-game data (items, game currency, etc.) or similar content in the Game, solely in accordance with Terms. However, you do not own the copyrights and other rights in the in-game data you possess. You are not allowed to transfer, sell, donate, or attempt to trade virtual property outside of the Game. This is not permitted except with written approval from the Company.
Save as set out in section 9 (Limitation of Liability) below, the Company is not responsible for:
(a) any interruption of the Service, use of the Game, the Service, or termination of an Account due to the User’s fault;
(b) any action of a telecommunications provider to cease or fail to provide the telecommunication service;
(c) any unavoidable reasons that caused Service failure, such as maintenance, replacement, regular inspection, construction, etc. save in respect of intentional or material negligence of the Company;
(d) any problems caused by the User’s device or problems related to the network environment;
(e) the information, data, facts, reliability, accuracy, etc. posted or transmitted by the User or a third party in the Service or on the official website of the Company;
(f) your interactions with other Users and/or third parties when using the Service. (we may, at our sole discretion, attempt to mediate disputes between Users, but we are not obliged to become involved or become responsible in any way with such disputes.);
(g) anything which is the responsibility of a third party (unless they are under the direction and control of the Company);
(h) when Users fail to receive the results they expect of the in-Game items and the Company is not responsible for any loss involved when making selections or using the Service;
(j) loss of the User’s in-Game assets (such as in-Game currency or in-Game items); or
(k) circumstances in which the Company limits the use of Service from Users in accordance with the relevant laws and/or government policies.
8. Further Disclaimers
Save as set out in section 9 (Limitation of Liability) below, the Company does not make any promises regarding your use of the Game and Service. The Game and Service are provided “as is” and “as available,” without warranty of any kind (including any implied warranty of merchantability, non-infringement, or fitness for a particular purpose), to the maximum extent permitted by law. Use of the Game and Service is at your sole risk.
Specifically, the Company does not make any promises that you will be able to enjoy continuous, error-free, secure or virus-free operation of the Game, Service or your Account.
Please note that some jurisdictions do not allow the above warranty limitations, so these limitations may not apply to you.
9. Limitation of Liability; Indemnification
The Company will not be responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you use the Game or Service, including where the damage or loss results from our breach of these Terms.
The Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control. Except as set out elsewhere in these Terms we will not be liable to you or to any other person in the event that all or part of the Service is unavailable, discontinued, modified or changed in any way.
The Company does not accept any responsibility for:
(a) any damage or loss caused to you where you are not entering into these Terms as a consumer;
(b) any failure, any suspension and/or any termination of access to the Game or the Service or any content in connection with or arising out of a force majeure event. In these Terms, a “force majeure” event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents; and/or
(c) any claims brought against you by a third party except as stated in these Terms.
Nothing in these Terms will:
(a) restrict your statutory rights as a consumer (including your rights to state or to receive a reasonable standard of service, to the extent applicable to you under relevant law); or
(b) limit our liability for death or personal injury resulting from our negligence or for fraud.
You agree that you will compensate (in legal terms this is often referred to as indemnifying) the Company, its partners, affiliates, contractors, licensors, officers, directors, employees, and will defend, protect, indemnify and hold harmless to Company from any claims, lawsuits, damages, losses, liabilities and expenses (including reasonable legal and attorneys’ fees) arising directly or indirectly out of or in conjunction with your acts or omissions including use, or misuse of the Game or Service and breach by you of these Terms. Company reserves the right to assume exclusive defense and control over all matters subject to indemnification by players.
10. Period and Termination
These Terms are effective unless and until terminated by either you or the Company. The Company or the User may terminate these Terms at any time, for any reason or no reason at all, without prior notice. Termination by the Company will come into effect immediately upon the termination or deletion of your Account, which can occur at any time in the Company’s sole discretion. You may terminate these Terms by not using the Game, and you must stop using the Game and delete the Game App immediately upon termination of these Terms. In so far as permitted by law, we have no obligation to reimburse any in-Game currency or in-Game goods or items lost due to such termination, whether voluntary or involuntary, and you also acknowledge that the Company is not liable to provide a refund for any reason, even if you terminate the Terms. You are fully responsible for any problem that may occur due to inaccurate information provided when registering an Account and you also acknowledge that the Company reserves the right to terminate your Account if the information that you have provided is inaccurate or not up to date. Under applicable laws, you may have a limited cancellation right in relation to any digital content you purchase.
Sections 2 (Amendments, Updates, and Patches), 3 (Prohibited Uses), 5 (Ownership), 6 (Player Created Content), 7 (Disclaimers), 8 (Further Disclaimers), 9 (Limitation of Liability; Indemnification), 10 (Period and Termination), 12 (Grievance Handling and Dispute Resolution), 13 (Inadequacy of Damages) 14 (Governing Law and Disputes), 15 (Class Action Waiver) 17 (Refund Policy) 18 (Other Policies) and 19 (Miscellaneous) shall survive any termination of these Terms.
11. Transfer of Terms and Conditions
Transfer of the Game can only occur as set out in these Terms.
12. Grievance Handling and Dispute Resolution
a) The Company shall inform Users on the Company’s website about the ways that Users can present their opinions or complaints regarding any inconveniences experienced by the Users. The Company operates as a dedicated organization to handle such Users’ opinions and complaints. This does not exclude your rights to bring any legal claim or complaint to a regulator outside of this process.
b) If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, except where and to the extent prohibited by law, by using the Game or Services, you and the Company agree to the use of arbitration on an individual basis through a mutually agreed arbitrator selected with the consent of the Company and you, where a claim is for less than the equivalent of $10,000 US Dollars. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to the chosen arbitrator for binding arbitration under the arbitrator’s rules then in effect, before one arbitrator to be mutually agreed upon by both parties. If a dispute arises between the Company and the User, the Company shall faithfully demonstrate the measures taken in respect of the User, including any restrictions of usage, and will comply with result of any arbitration decision.
c) The Company has the sole discretion on whether to, and to what extent to, but no obligation to, enforce any rights of Company or take any actions as stated in these Terms.
13. Inadequacy of damages
Without prejudice to any other rights or remedies that Company may have, you acknowledge and agree that compensation by way of damages alone would not be an adequate remedy for any breach of these Terms by you, because Company would suffer irreparable losses if you breach these Terms. Accordingly, you agree that Company shall be entitled to the remedies of an injunction, specific performance or any other equitable remedy, in addition to any other remedies available to it under the applicable law. For the avoidance of doubt, Company shall be entitled to an injunction, specific performance or any other equitable remedy without bond, other security or proof of losses.
14. Governing Law and Disputes
If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. These Terms shall be interpreted and governed by the laws of the Republic of Korea. All lawsuits related to these Terms are subject to the jurisdiction of the courts in Korea pursuant to relevant laws such as the Code of Civil Procedure. Other laws may apply if you use the Game outside of the Republic of Korea. In such event, the applicable local laws shall only affect these Terms to the extent required by the applicable jurisdiction, and these Terms shall be construed as to make their terms and conditions as effective as possible. You must comply with all local laws to the extent that applicable local law applies.
15. Class Action Waiver
You agree not to participate in, including but not limited to, a class or representative action, private attorney general action, or collective arbitration related to the Game or Service or these Terms. You also agree not to seek to combine any action or arbitration related to the Game or Service or these Terms with any other action or arbitration without the consent of all parties to these Terms and all other actions or arbitrations.
16. Copyright Notice
If you think any materials from the Company and/or the Company branded websites infringe your copyright-protected work under the copyright law, you may provide an infringement notice to the Company’s designated agent as set forth below. Also, to ensure your notice is effective, you must include the following information:
(a) Sufficient details to enable us to identify the work claimed to be infringed;
(b) Your contact information, including your address and email address;
(c) A statement that you have a good faith belief that the disputed work is not authorized by the copyright owner, its agent, or the law;
(d) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right in the work that is allegedly infringed; and
(e) Your physical or electronic signature;
The contact information of Company’s designated agent is as follows:
Challengers Games Corp.
Attn: Legal Affair Department Agent
3-6F , 11, Seolleung-ro 94-gil, Gangnam-gu, Seoul, Republic of Korea 06161
Email [email protected]:
17. Refund Policy
In general, all sales for all paid contents are final and refunds are not permitted except with respect to any statutory warranties that are mandatory by law or the third party platform’s refund policy. In case of termination due to your breach of these Terms, you are not entitled to any refunds.
18. Other policies
b) By agreeing to these Terms, you also agree to be bound by the terms and conditions set out in the Rules of Conduct.
c) Violation of the Rules of Conduct can result in termination of the License.
If any provision of these Terms is held to be unenforceable for any reason, such provision shall be amended only to the extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect.
If you have any questions concerning these Terms or the License contained herein, you may contact Company at 3F, 11, Seolleung-ro 94-gil, Gangnam-gu, Seoul, Republic of Korea 06161, Attn. Legal Department.