PIVOT Games: Terms of Service

Last updated on 22th of August 2023

 

A quick summary: 

1.           These are the (legally binding) rules for all of our products and

services, including our games.

 

2.           You are given a personal licence to access, use and/or play

them (but PIVOT Games owns them).

 

3.           There are rules regarding what you can and cannot do with the

PIVOT Games Services.

 

4.           Depending on where you live, there are important rules

regarding liability and dispute resolution (including mandatory

arbitration and waiver of jury trial if you live in the USA).

 

5.           Our Privacy Policy explains what information we collect and

how we protect it.

This Terms of Service (or “Agreement” for short) explains what you

can and cannot do with the PIVOT Games Services (which we explain

below). Because we know legal wording is not much fun, we have

included a short and informal summary of each section (but the full

version is the legally binding one).

 

1.     ABOUT THIS AGREEMENT 

This document explains who we are, what the PIVOT Games

Services are and how you can use them. This Agreement is

binding as soon as you download, install or use any of the PIVOT

Games Services. We can change this Agreement at any time, but

if we do we will put the changed version online and normally it

will take effect a reasonable time period afterwards. You should

also read our Privacy Policy and other PIVOT Games Services

which may have other applicable documents.

 

1.1.  What is this Agreement? This Agreement is a legally binding

contract between you and PIVOT Games Inc. (incorporated and

registered in South Korea with company number 1138681375) of 54,

Changeop-ro, Sujeong-gu, Seongnam-si, Gyeonggi-do, Republic of

Korea(“PIVOT Games”).

1.2.  What does this Agreement apply to? This Agreement applies

to our interactive entertainment products, our websites (including but

not limited to www.pivotgames.net) any game key or code giving you

access to it or any parts of them, PIVOT Games Virtual Goods and

Virtual Currency (defined below), plus all other PIVOT Games

products and services, including (but not limited to) user accounts,

customer and technical support, newsletters, official forums, wikis,

blogs and social media services (we will refer to “PIVOT Games

Services”) to cover all of these things). 

1.3.  When does this Agreement apply to you? This Agreement will

be binding on you and us once you download, install or use any of the

PIVOT Games Services. If you do not agree to it, please do not use

any of the PIVOT Games Services. 

1.4.  Will we ever change this Agreement? We may change this

Agreement from time to time, for example to reflect changes in our

services or to reflect applicable laws. If we do, we will make the

changed Agreement available online and make reasonable efforts to

notify you of it. It will become legally binding on you and us 30 days

after we post it online. During that period, you are welcome to contact

us at pivotgameshelp@gmail.com if you have specific questions about

the changes. If you do not agree to those changes (regardless of

whether you email us), then unfortunately you must cease using the

PIVOT Games Services: in order to make the PIVOT Games Services

work properly we need to have everyone using them under the same

rules instead of different people having different rules.  

1.5.  Are there any other important documents you should

read? Please also read our PIVOT Games Privacy Policy and other

legal guidance, which all form part of this Agreement.

 

2.     USING THE PIVOT GAMES SERVICES

You have the personal right to play and use the PIVOT Games

Services. If this involves a user account then you are responsible

for it. 

Legally, you must be at least 13 years old to play and use the

PIVOT Games Services and if you are under 18 you need parental

/ guardian approval to use the PIVOT Games Services. 

Some PIVOT Games Services may have minimum requirements

and we might need to implement some anti-cheat tools /

software.   From time to time we may patch,   update or change

how the PIVOT Games Services work in order to keep them

running efficiently and fun to play.

 

2.1.  We give you a personal, limited, revocable, non-exclusive, non-

transferable and non-assignable licence to display, view, download,

install, play and use the PIVOT Games Services on authorised

devices/platforms. This licence is for your personal use only (so you

cannot give, ‘sell’, lend, gift, assign, sub-license or otherwise transfer

it to someone else) and does not give you any ownership rights in the

PIVOT Games Services. We own or license all PIVOT Games

Services. 

2.2.  What about user accounts? In order to access the PIVOT

Games Services you may need to create a user account or use an

existing account (if you have one). You are responsible for protecting

your user account and for your account activities. In particular, keep

your account and password secure. In order to protect the PIVOT

Games Services, users and PIVOT Games itself, we reserve the right

if necessary to reject any user account if it would breach this

Agreement or other applicable rules. 

2.3.  Are there any age restrictions? Legally, you must be at least

13 years old to use the PIVOT Games Services. If you are between

13 and 18 (or whatever is the age of adulthood in your country),

please ask your parent or guardian to review and approve this

Agreement and to supervise your use of the PIVOT Games Services.

Some PIVOT Games Services may have age ratings, which will be

displayed when you purchase and/or download them.  

2.4.  Are there any minimum requirements? Some PIVOT Games

Services will have minimum requirements depending on your chosen

device/platform, of which you will be notified at the time. It is your

responsibility to ensure you meet these requirements before

downloading or using the relevant PIVOT Games Service. To access

online parts of the PIVOT Games Services you will need Internet

access too – again, this is your responsibility.  

2.5.  What about monitoring? In order to protect the PIVOT Games

Services, third party platforms (such as Apple and Google) may

deploy anti-cheat and/or other software tools that run in the

background of your device or related devices/peripherals when you

use the PIVOT Games Services. 

2.6.  What about patches and updates? We may patch, update or

change the PIVOT Games Services over time (for example to add or

remove features, to resolve software bugs or to balance games),

which will result in mandatory and/or automatic updates. Therefore,

older, un-updated versions may become unusable over time as a

result. It is possible that older devices/platforms may cease to be

supported over time (although we will use reasonable efforts to notify

this to you in advance). As part of these patches, updates or changes,

we may need to impose limits on, or remove/restrict access to, certain

game features. We need these rights in order to keep the PIVOT

Games Services running efficiently and will not have any liability to

you regarding use of them. 

2.7.  What about third party access and content? You might get

links from us to third party websites or content through the PIVOT

Games Services. You may also access the PIVOT Games Services

through different platforms and devices. Your use of them is your

responsibility – we cannot promise they will work, what they will be

like or if they are free. Some PIVOT Games Services may contain

third party offers and materials, such as video offers and in-game

advertisements. While we try to pick the best partners to work with, we

are not responsible for their content (that is for the partner itself). 

2.8.  Are there any health & safety issues to be aware of? Please

be aware the PIVOT Games Services may contain flashing images

which may potentially trigger seizures for people with epilepsy. Player

discretion is advised.

 

3.     PIVOT GAMES SERVICES BETA ACCESS 

If you access any PIVOT Games Services in beta or   other pre-

full release version, you accept that they may not be complete

and may not work fully. You accept them ‘as is’. There may be

server/progress resets/other changes during the process. We will

not be responsible or liable for these matters (which are inherent

to you being able to join in the beta process). Basically: you can

get access to cool stuff early, but it might not work fully yet.

Some PIVOT Games Services may be released in alpha, closed beta,

open beta or other pre-release versions before their full commercial

release (or “beta” for short). This is usually to test the features,

capabilities, and performance of the product. These are the additional

beta rules:

 

a.           We will set the conditions and requirements for your beta

access. Providing and maintaining a beta, and who can use a beta, is

at our discretion.

 

b.           We will likely ask you to register for the beta. There may be

some waiting time depending on the number of people registering, the

load on our servers and other technical aspects.

 

c.           Betas will be time-limited and we will decide on when to end

them and what happens next.

 

d.           Between beta versions we may perform one or more complete

server/progress reset(s). After the reset, your account will likely go

back to a previous or new state. This may involve a wipe or other

change to Virtual Goods or Virtual Currency (we will explain how this

will work at the time). No cash refunds will be provided in connection

with any reset or change.

 

e.           We may change, modify or remove features as part of testing

and improving the product.

 

f.             If appropriate, we may apply confidentiality restrictions to the

beta, which will be notified to you at the time.

 

g.           We may ask you to provide feedback on the beta – this is

optional (but appreciated!).

 

h.           Betas will be provided 'as is' without any promises from us or

any liability on us if it is not complete or does not work fully or causes

issues.

 

i.             You must not attempt to ‘sell’ or transfer your access to a beta. It

is for you, not anyone else.

 

j.             We may issue additional terms regarding PIVOT Games Service

betas. We will notify you in advance if so.

 

4.     RULES FOR USING THE PIVOT GAMES SERVICES 

This section sets out the rules for you to follow when using the

PIVOT Games Services – e.g. no hacking, cheating, harmful

conduct etc. Breaking these rules could result in suspension or

cancellation (temporary or permanent) of your access to the

PIVOT Games Services.

In order to be able to use the PIVOT Games Services, we ask you to

follow some rules not limited to the following. Please read these rules

carefully since failure to follow them (particularly those in relation to

cheating) will be considered a material breach of this Agreement,

which could lead to suspension or cancellation (temporary or

permanent) of your access to the PIVOT Games Services. Here are

the main rules:

 

a.           Personal Enjoyment. Only use the PIVOT Games Services for

your personal enjoyment and not for any commercial or political

purposes.

 

b.           Restricted Access. Do not attempt to copy, rent, sell, lend, lease,

sublicense, distribute, publish or publicly display the PIVOT Games

Services, Virtual Currency or Virtual Goods (defined below), any user

account or any of your rights under this Agreement to any other party

in any way not expressly authorised under this Agreement.

 

c.           Technical Misuse. Do not modify, merge,  distribute, translate,

reverse engineer, or attempt to obtain or use source code of,

decompile or disassemble the PIVOT Games Services unless you are

specifically allowed by applicable law.

 

d.           Hacking / Griefing. Do not hack, harm, grief,  harass, threaten or

misuse the PIVOT Games Services, other PIVOT Games Service

users or PIVOT Games’s products, games, services, community

members or staff.

 

e.           Cheating. Do not create, use, make available and/or distribute

cheats, exploits, automation software, robots, bots, mods, hacks,

spiders, spyware, cheats, scripts, trainers, extraction tools or other

software that interact with or affect the PIVOT Games Services in any

way (including, without limitation, any unauthorised third party

programs that intercept, emulate, or redirect any communication

between PIVOT Games or its partners and the PIVOT Games

Services and/or any unauthorised third party programs that collect

information about the PIVOT Games Services by reading areas of

memory used by the PIVOT Games Services to store information).

 

f.             Account Misuse. Do not share, ‘buy’, ‘sell’,  transfer, gift, lend,

steal or misappropriate the PIVOT Games Services (including any

user accounts or access keys / codes - all of which are our property).

If you are concerned that any of this has happened to you,  contact

customer support at pivotgameshelp@gmail.com.

 

g.           No Advertising. Do not communicate or facilitate any commercial

advertisement, promotion, spam or unsolicited messages through the

PIVOT Games Services.

 

h.           Interference with PIVOT Games Services. Do not deliberately or

maliciously interrupt or interfere with PIVOT Games Services like

customer or technical support or impersonate PIVOT Games staff.

 

i.             Interfering with Servers. Do not interfere with or disrupt PIVOT

Games or third party network software or servers, including via

tunneling, code injection or insertion, denial of service, modifying or

changing the software, using any other similar software together with

PIVOT Games software, through protocol emulation, or through

creation or use of private servers or any analogous services regarding

the PIVOT Games Services.

 

j.             Accessing Servers. Do not access or attempt to access areas of

the PIVOT Games Services or servers that have not been made

available to the public.

 

k.           Data Mining. Do not intercept, mine or  otherwise collect data or

information from the PIVOT Games Services using unauthorised third-

party software.

 

l.             Accounts and Virtual Content. Only use user accounts, Virtual

Goods or Virtual Currency (defined below) for their intended purpose.

 

m.         Names / Trade Marks. Do not use PIVOT Games, the names of

any PIVOT Games Services or other PIVOT Games names or logos

or trademarks for any unauthorised purposes.

 

n.           Infringing Content. Do not do anything in connection with the

PIVOT Games Services that infringes any copyright, trade mark,

patent, trade secret, privacy, publicity, or other right of others, such as

images, photographs, sound files, text files, graphics files, and any

other material or information.

 

o.           Malicious Code. Do not post or upload any files that contain any

malicious code, including viruses, spyware, Trojan horses, worms,

time bombs, intentionally corrupted data, any other files that contain

malicious code or that may in any way damage or interfere with the

operation of the PIVOT Games Services.

 

p.           Geographic / Regional Restrictions. You must follow any

applicable geographic or regional, language or location-based

restrictions, requirements or rules regarding the PIVOT Games

Services.

 

q.           Conduct. Do not do or say anything that is or may be considered

threatening, racist, harassing, xenophobic, sexist, discriminatory,

abusive, defamatory or otherwise offensive or illegal. This includes in

any chat or other communications with users. PIVOT Games reserves

the right to monitor the content of any of your messages and prevent

your use of any such chat or other communication systems for any

reason. Please report any behavior you think is in breach of this rule

by sending a message to pivotgameshelp@gmail.com.

 

r.            Self-Harm and Suicide. If you or someone you know through the

PIVOT Games Services is at risk of self-harm or suicide, please seek

help as soon as possible by contacting agencies specialising in crisis

intervention and suicide prevention. Please feel free to alert us

on pivotgameshelp@gmail.com and we will also try to follow up where

possible. Abuse of this system and/or submission of false reports will

constitute a material breach of this Agreement.

 

5.     INTELLECTUAL PROPERTY RIGHTS 

The PIVOT Games Services are the owned/licensed property of

PIVOT Games.

Who owns the PIVOT Games Services? The PIVOT Games

Services, including (but not limited to) their visual components,

characters, story, items, music, graphics, computer code, user

interface, look and feel, game mechanics, gameplay, audio, video,

text, layout, databases, data, PIVOT Games Tools and all other

content and all Intellectual Property Rights (defined below) and other

legal and exploitation rights regarding them, are either owned by us or

we license them from third parties. All rights in the PIVOT Games

Services are reserved except as explained in this Agreement. No

ownership right or interest or other rights in the PIVOT Games

Services or any part of it is transferred to you. The PIVOT Games

Services and their Intellectual Property Rights are protected by

copyright, trade mark and other intellectual property laws worldwide. 

“Intellectual Property Rights" means any and all copyright,

trademarks, service marks, trade dress, brand names, logos, goodwill,

get up, trade, business or domain names, design rights, rights in

characters, rights in get-up, database rights, patents, rights in

inventions, know-how, trade secrets and confidential information,

rights in databases, rights in computer software (including source

code and object code), moral rights, author rights, rental and lending

rights, publicity rights, performance rights, synchronisation rights,

mechanical rights, publishing, rental, lending and transmission rights

and other intellectual property and exploitation rights of a similar or

corresponding character which may now or in the future subsist in any

part of the world, in all cases whether or not registered or registrable

including all granted applications and all applications for registration,

division, continuation, reissuance, renewals, extensions, restorations

and reversions regarding any of the same.

 

6.     USER GENERATED CONTENT AND COMMUNITY CONTENT 

If you share content in-game via the PIVOT Games   Services

(e.g. sending links), this is your responsibility. If you

make   content using our tools, they belong to PIVOT Games.

 

6.1.  What is our position on ‘user generated content’? The PIVOT

Games Services may give you the ability to share content (for

example to share text, photos or links with users) – we will call this

“User Generated Content”. If you do share User Generated Content,

then it is at your responsibility and risk. We have the right (but not the

obligation) to check and remove any inappropriate or illegal User

Generated Content. But to be clear: we do not assume any

responsibility or liability for User Generated Content. As far as we and

you are concerned, you own any User Generated Content you

created but we need you to give us certain rights over it so that we

can actually transmit it via the PIVOT Games Services. So, when you

make your User Generated Content available through the PIVOT

Games Services you give us a non-exclusive, permanent, irrevocable,

worldwide, sub-licensable, royalty-free licence to use, modify,

reproduce, create derivative works from, distribute, transmit,

communicate and publicly display/perform your User Generated

Content in connection with the PIVOT Games Services. 

6.2.  What about content made using the PIVOT Games

Services? Some of the PIVOT Games Services may include features

like level editors, map creators or similar tools (‘PIVOT Games Tools’).

Any content you make using the PIVOT Games Tools will be the sole

property of PIVOT Games and should abide by the rules in this

Agreement.

 

7.     VIRTUAL CURRENCY AND VIRTUAL GOODS 

You may be able to buy and/or otherwise obtain things like

cosmetics, in-game enhancements or virtual currencies and

there   are some additional legal rules for them. They do not

have any “real world” monetary value and you cannot buy, sell or

trade these with other users.

 

7.1.  Do the PIVOT Games Services offer virtual goods or virtual

currencies? Certain PIVOT Games Services may let you purchase

and/or otherwise obtain (for example, by completing offers or

watching in-game advertisements) virtual, in-game digital items and

content including, for example, cosmetic and in-game enhancements

and other downloadable content (“Virtual Goods”). You may at our

discretion be able to buy certain Virtual Goods with “real world” money

and/or virtual currency (which you may be able to earn by playing the

game and/or purchase with “real world” money) (we will call this

Virtual Currency”). We are the sole provider and issuing authority

regarding Virtual Goods and Virtual Currency and only PIVOT Games

Services users can use them. 

7.2.  Are there any additional payment requirements you should

know about? If you buy Virtual Goods and/or Virtual Currency, you

agree to the pricing, payment and billing policies applicable to them,

as notified to you at the time of purchase. You are responsible for

ensuring that you have authorisation to use any chosen payment

method, which includes obtaining account-holder/parent/guardian

approval if applicable. You are responsible for ensuring that this

authorisation is maintained at all material times. Do not make

inappropriate charge-back or refund requests. You are responsible for

applicable fees and taxes. All payments are non-refundable and non-

transferable except as expressly provided in this Agreement. 

7.3.  What are the legal requirements regarding Virtual Goods

and Virtual Currency? Virtual Goods and Virtual Currency are digital

items only with no cash-value or real world existence and cannot be

‘bought’, ‘sold’, gifted, transferred or redeemed, whether or not for

other Virtual Goods, Virtual Currency, ‘real world’ money, goods,

services or items of monetary value. Trading Virtual Goods or

Currency is prohibited (unless we specifically permit otherwise in the

applicable PIVOT Games Services). Our right to use any Virtual

Goods and Virtual Currency that you obtain is limited to a limited, non-

exclusive, non-assignable, non-transferable, non-sub-licensable,

revocable licence to use such Virtual Goods and Virtual Currency

solely for your personal entertainment and non-commercial use in the

relevant PIVOT Games Service only. You have no property interest or

right or title in any Virtual Goods or Virtual Currency, which remain

PIVOT Games’s property. PIVOT Games reserves the right to

reverse, change or amend Virtual Goods or Virtual Currency

transactions or other matters if necessary to protect the PIVOT

Games Services and/or to enforce this Agreement. 

7.4.  Is there a limit on the amount of Virtual Goods or Virtual

Currency you can hold? In order to protect the PIVOT Games

Services, users and to stop fraud, we may impose limits on use of

Virtual Goods and Virtual Currency (including transaction limits and

balance amounts). 

7.5.  Will these Virtual Goods or Virtual Currency expire or be

revoked? Virtual Goods and Virtual Currency do not expire, but we

reserve the right to change or amend that if necessary. We are not

obliged to provide Virtual Goods or Virtual Currency to you. PIVOT

Games reserves the right to revoke from users (without notice or

compensation) any Virtual Goods and/or Virtual Currency that have

been obtained by users by way of (for example) bug, hack or

exploitation of the PIVOT Games Services or promotional offers. 

7.6.  Will Virtual Goods or Virtual Currency ever change? The

existence of a particular offer for Virtual Goods or Virtual Currency is

not a commitment by us to maintain or continue to make the Virtual

Goods or Virtual Currency or that offer available in the future. The

scope, variety and type of Virtual Goods and Virtual Currency that you

may obtain can change at any time and we have the right to manage,

regulate, control, modify or remove Virtual Currency or Virtual Goods

in our sole discretion if we consider any of this necessary for the

ongoing operation of the PIVOT Games Services or for other

legitimate reasons, in which case we will have no liability to you or

anyone for the exercise of such rights. We will endeavour where

possible to give you reasonable notice of any such changes and to

explain the reasons why. 

7.7.  Can you refund purchases of Virtual Goods or Virtual Currency?
If you are resident in the South Korea:
Subject to the terms of any applicable device/platform via which you

access the PIVOT Games Services: you have the right to withdraw

from a purchase of the PIVOT Games Services, Virtual Goods and/or

of Virtual Currency within 14 days of your purchase, without giving a

reason. You hereby expressly acknowledge that you lose your right of

withdrawal once the performance of our service has begun and your

account is provided with access to the relevant PIVOT Games Virtual

Goods and/or Virtual Currency. You agree that the supply of PIVOT

Games Services, Virtual Goods and/or Virtual Currency and the

performance of services begins immediately after you complete your

purchase. Therefore, once access to the PIVOT Games Services,

Virtual Goods and/or Virtual Currency has been enabled on your

account, the contract has been fully performed by us. 

If you are resident elsewhere in the world outside the South

Korea (including the USA):
Subject to the terms of any applicable device/platform via which you

access the PIVOT Games Services: all purchases are final and no

refunds will be made or returns accepted. 

 

8.     FEEDBACK OR SUGGESTIONS 

Feedback and suggestions are great (thank you!) but at our

discretion without responsibility/liability.

You are welcome to give us feedback and suggestions to improve the

PIVOT Games Services – in such case you can contact us

at pivotgameshelp@gmail.com. We appreciate your feedback and

suggestions, but we may choose not to use or accept them at our

discretion. In any event the feedback/suggestions will be received by

us without any obligations or liability to you, financial or otherwise.

 

9.     WARRANTIES AND LIABILITY 

We provide warranties (i.e. legally binding promises) about the

PIVOT Games Services, for example that we will take reasonable

care regarding your use of the PIVOT Games Services. We also

explain a bit further how we are legally responsible to each other.

We ask for certain   legal protections from you (legally, this does

not apply to EU users).

 

9.1.  Our warranties. We represent and warrant that: (i) we have the

right to enter into this Agreement and to grant you the licence to use

the PIVOT Games Services in section 2; (ii) we will take reasonable

care regarding the PIVOT Games Services and your use of them; and

(iii) we will use reasonable efforts to comply with applicable laws

under this Agreement. 

9.2.  Your warranties to us. You represent and warrant that you

have the full power and ability to enter into this Agreement and will

follow fully its terms. You also represent and warrant that any User

Generated Content or content created using the PIVOT Games Tools

which you transmit via the PIVOT Games Services does not infringe

upon the Intellectual Property Rights of any third party. You further

represent and warrant that you will not use or contribute User

Generated Content, or any content created using the PIVOT Games

Tools, that is unlawful, tortious, defamatory, obscene, invasive of the

privacy of another person, threatening, harassing, abusive, hateful or

racist.

9.3.  Limitation of liability  
The following section does not apply to you if you are resident in

the South Korea whose laws specifically prohibit the following

liability limitations, but it does apply to you if you are (for

example) resident in the USA.

(I) OUR DISCLAIMERS. Except as we have set out elsewhere in this

Agreement, PIVOT GAMES and its affiliates, partners and licensors

disclaim any implied or express warranties or representations

regarding THE PIVOT GAMES SERVICES.  This includes without

limitation any allegations of: (i) negligence; OR (ii) lack of satisfactory

quality, merchantability or fitness for purpose; or (iii) the existence of

any faults or errors; or (iv) infringement of any third party intellectual

property rights.  THE PIVOT GAMES SERVICES ARE otherwise

provided to you on an "as is", “AS AVAILABLE” basis without

warranties or representations of any kind, express or implied. To the

fullest extent permitted by applicable law, we disclaim all warranties,

express or implied, which might apply to THE PIVOT GAMES

SERVICES, including without limitation: implied warranties of title,

non-infringement, merchantability, satisfactory quality, fitness for a

particular purpose, any warranties that may arise from course of

dealing or course of performance or usage of trade, freedom from

viruses or errors OR DEFECTS, and/or any warranties as to the

accuracy, LEGALITY, reliability or quality of any content or information

contained within THE PIVOT GAMES SERVICES. We do not warrant

that THE PIVOT GAMES SERVICES will be uninterrupted or error-

free, that defects will be corrected, or THAT THEY WILL BE free of

viruses or other harmful components.  

(II) OUR LIABILITY LIMITATION. To the maximum extent permitted

by applicable law, PIVOT GAMES, its affiliates, partners and licensors

shall not be liable for any loss, damage or harm of any kind arising

from the use or inability to use or ‘loss’ relating to THE PIVOT GAMES

SERVICES. PIVOT GAMES, its affiliates, partners and licensors shall

not be liable for any indirect, consequential, incidental, special,

punitive or exemplary damages or any other damages arising out of or

connected with THE SAME. This includes if you suffer damage

because you cannot use THEM (either temporarily or permanently).

None of the above will be affected in any way even if PIVOT GAMES

or its affiliates, partners or licensors are at fault (whether through

negligence, breach of contract, breach of warranty or strict liability)

and even if you or we have been advised of the possibility of such

damages. 

(III) OUR LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED

BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY

TO YOU IN CONNECTION WITH THE PIVOT GAMES SERVICES

OR THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE

AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN

CONNECTION WITH THE MATTERS UNDERLYING ANY

CLAIM(S). 

(IV) YOUR INDEMNITY TO US. You agree to indemnify and hold

harmless on demand PIVOT GAMES, its affiliates, licensors and

partners from all liabilities, claims and expenses, including legal fees,

in connection with: (1) any alleged or actual breach of this Agreement;

(2) the use of THE PIVOT GAMES SERVICES by you or any person

on your behalf; (3) INFRINGEMENT OF INTELLECTUAL PROPERTY

RIGHTS OR OTHER PROPERTY OF PIVOT GAMES; (4) YOUR

USER GENERATED CONTENT; AND/OR (5) CONTENT YOU

CREATED USING THE PIVOT GAMES TOOLS. If claims are brought

against us, then YOU WILL COOPERATE FULLY WITH US AND we

reserve the right to take over their defenCe. YOU WILL NOT SETTLE

ANY SUCH CLAIMS WITHOUT OUR PRIOR WRITTEN CONSENT.  

(V) INJUNCTIVE RELIEF. YOU AGREE THAT ANY LOSS, DAMAGE

OR HARM YOU SUFFER IS NOT IRREPARABLE OR SUFFICIENT,

and other remedies will be adequate, such that you are not entitled

TO INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST US. 

(VI) Residents of California. If you reside in the state of California you

are entitled to the following specific consumer rights information: you

may contact the Complaint Assistance Unit of the Division of

Consumer Services of the Department of Consumer Affairs by mail at

400 R St., Suite 1080, Sacramento, California, 95814, or by telephone

at 916.445.1254. California residents expressly agree to waive

California Civil Code Sec. 1542, which states: “A general release does

not extend the claims which the creditor does not know or suspect to

exist in his favor at the time of executing the release, which if known

by him must have materially affected his settlement with the debtor.”

 

10.  TERMINATION 

You can terminate this Agreement by stopping use of all PIVOT

Games Services. We may cancel or suspend (temporarily or

permanently) your access to any and/or all of the PIVOT Games

Services if you seriously breach this Agreement.

 

10.1.   When and how can you terminate this Agreement? You can

terminate this Agreement by permanently stopping use of all PIVOT

Games Services at any time. Termination will not affect already

existing rights or obligations of us or you. 

10.2.   When can we suspend or terminate your access to the

PIVOT Games Services?  We may cancel or suspend (temporarily or

permanently) your access to any and/or all of the PIVOT Games

Services if you materially breach this Agreement, which includes but

is not limited to a breach of this Agreement which is serious and/or

which could cause real harm to the PIVOT Games Services, other

PIVOT Games Services users, PIVOT Games or other matters

governed under this Agreement. In particular, it applies to the rules we

specify in section 4 above (for example, no cheating or account

misuse). If we cancel or suspend your account in this way, we will use

reasonable efforts to explain why we have done this and what (if

anything) you can do as a result. Cancellation or suspension will

include you losing access to Virtual Goods and Virtual Currency. If we

cancel or suspend your account under this section, then we will not

have any obligations or liabilities to you at all.

If PIVOT Games decides itself to stop providing any PIVOT Games

Services permanently, then we will try to give you at least sixty (60)

days’ notice by posting an update on the applicable website. After that

time period, we will not have any future obligations or liabilities to you

(this does not affect any pre-existing obligations or liabilities.

 

11.  FORCE MAJEURE 

If unforeseen events beyond your or our control take place then

neither of us will be liable to the other for any obligations which

cannot be performed.

 

11.1.   Neither of us will be liable to the other regarding any

performance, or non-performance, or delay, in whole or in part, due to

Force Majeure.

Force Majeure” means any cause preventing a party from performing

any or all of its obligations which arises from or is attributable to acts,

events, omissions or accidents beyond the reasonable control of the

party so prevented including strikes, lock-outs or other industrial

disputes (other than any such dispute involving the workforce of the

party so prevented), nuclear accident or acts of God, war or terrorist

activity, riot, civil commotion, malicious damage (excluding malicious

damage involving the employees of the affected party or its sub-

contractors), compliance with any law or governmental order, rule,

regulation or direction, industrial action by employees of any providers

of electrical power, failure of technical facilities, hacking, denial of

service or other IT attack, deployment of IT virus malware or similar

technology, fire, flood, or storm or default of suppliers or sub-

contractors.

 

12.  GOVERNING LAW 

Any legal questions /complaints /claims regarding this

Agreement are under South Korea law and jurisdiction for users

all around the world except users resident in the USA, who are

under California law and jurisdiction.

 

12.1.   If you are resident in the South Korea and elsewhere in the

world (but not the USA):
You and we agree that your use of the PIVOT Games Services, and

this Agreement, and any issues arising out of them, will be governed

by and interpreted according to the laws of South Korea and any

dispute regarding it will be exclusively under the jurisdiction of the

courts of South Korea. In any legal claim under this Agreement, the

side which wins will be entitled to its legal fees and expenses.

12.2.   If you are resident in the USA:
To the extent not covered by the Dispute Resolution and Arbitration

language below, you and we agree that your use of the PIVOT

Games Services, and this Agreement, and any issues arising out of

them, will be deemed to be entered into in San Francisco, California

and governed by and interpreted according to the laws of the State of

California, USA (and, if applicable, US Federal law) without regard to

choice of law principles. Any legal claim by you against PIVOT

Games, to the extent not covered by the Dispute Resolution and

Arbitration language below, will be made exclusively in state or federal

court located in San Francisco, California, which will have subject

matter jurisdiction regarding the dispute between you and us and

therefore we both consent to the exclusive jurisdiction of those courts.

Moreover, you waive any rights to argue that the state and federal

courts in San Francisco, California are an improper venue. In any

legal claim under this Agreement, the side who wins will be entitled to

its legal fees and expenses.

 

13.  DISPUTE RESOLUTION AND BINDING ARBITRATION 

If you have any concerns or issues you can contact us

at pivotgameshelp@gmail.com.  We hope we can resolve any

complaints with you through informal dispute resolution.

 

13.1.   If you have concerns or issues with us, we hope we can

resolve them quickly and amicably – you can contact us

at pivotgameshelp@gmail.com. However, we recognise that

occasionally there might be legal disputes which are not so easily

resolved.  In this section we explain what happens if there is a legal

dispute. 

13.2.   Informal dispute resolution:
We and you both agree to make reasonable and good faith efforts to

resolve any dispute between us informally. Normally we would

suggest that this dispute resolution period lasts 30 days unless

exceptional circumstances exist. If it is not resolved during this time,

the next steps depend on where you live.

13.3.   Exceptions to Informal Dispute Resolution and Agreement

to Arbitrate
The dispute resolution and arbitration requirements do not apply to

claims or disputes that relate to claims of intellectual property rights

infringement or claims of PIVOT Games use, piracy, theft or

misappropriation.

13.4.   Limitation on Claims
You and PIVOT Games agree that, regardless of any statute or law to

the contrary, any claim arising out of or related to the PIVOT Games

Services must be made within one (1) year after the claim arose;

otherwise, such claim is permanently barred. You agree that these

dispute resolution and binding arbitration provisions will survive any

termination of your account or the PIVOT Games Services. 

If you live in the USA or the rest of the world (but not the EU),

you and we agree not to bring any class action or similar

collective legal action against each other.  We will resolve legal

disputes with each   other through the process outlined above. 

13.5.   Waiver of collective action remedies:
To the maximum extent permitted by the national or state law

applicable, you and we agree not under any circumstances to bring or

participate in a class or representative action, private attorney general

action or collective arbitration. That means, to the full extent permitted

by law: (1) no arbitration shall be joined with any other; (2) there is no

right or authority for any dispute to be arbitrated on a class-wide basis

or to utilise class action procedures; and (3) there is no right or

authority for any dispute to be brought in a purported representative

capacity on behalf of the general public or any other persons.  

If the previous paragraph is found illegal or unenforceable for any

reason, you and PIVOT Games agree that any class, representative

private attorney general action claim or dispute will be resolved in

court.

 

14.  OTHER LEGAL MATTERS 

This section sets out a few additional, hopefully self-explanatory

rules about how this Agreement works legally. For example, this

Agreement is just between   you and us, we might be required to

comply with law enforcement requests etc.

 

a.           If any part of this Agreement is found not to be legally

enforceable, this will not affect any other part of it;

 

b.           This Agreement governs our relationship with you (and vice

versa). It does not create any rights for anyone else; Please

remember that we are subject to various laws and we may be

required to comply with law enforcement or other legal requirements,

including import/export controls;

 

c.           You and we agree that the UN Convention on Contracts for the

International Sale of Goods does not apply to the PIVOT Games

Services or this Agreement;

 

d.           We can assign, subcontract or transfer this Agreement to a third

party or another member of our group if necessary for the support of

the PIVOT Games Services, as part of any reorganisation or merger

or for other business reasons. We will notify you if this happens;

 

e.           No failure or delay by us or you to exercise any right or remedy

provided under this Agreement or by law will constitute a waiver of

that or any other right or remedy, nor will it preclude or restrict the

further exercise of that or any other right or remedy. No single or

partial exercise of such right or remedy by us or you will preclude or

restrict the further exercise of that or any other right or remedy; and

 

f.             This Agreement does not create any exclusive relationship

between us nor any partnership, joint venture, employment or agency.