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.