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TURN THE LINE END USER SOFTWARE LICENSE AGREEMENT
1. GENERAL
1.1 PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING THIS “GAME” (AS DEFINED BELOW). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY Megatent Inc. (“Megatent”).
1.2 This Agreement is a legal agreement between you and Megatent (the “Provider”) in relation to your use of “Turn the Line (the “Game”).
1.3 By installing or using the Game, you agree that you have read, understand, and agree with all related applicable rules and agreement(s) of Provider and Third-Party Marketplace (as defined below) applicable to the Game, including but not limited to rules provided by, Steam®, Xbox™, PlayStation™, App Store® and Game Center Service, Google Play™ store, and any other third-party platform (“Third-Party Marketplace”). YOUR USE OF THE GAME MAY ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM® SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS, SUCH AS PAYMENT TERMS, SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE AND THE OTHER APPLICABLE THIRD-PARTY MARKETPLACE.
1.4 By installing or using the Game, you agree that you have read, understand, and agree to the terms of this Agreement, Megatent’s Terms of Service, Megantent’s Privacy Policy, Ban Policy, and any other rules or guidelines that are applicable to the Game. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, TERMS OF SERVICE, PRIVACY POLICY, AND/OR ANY OTHER RULES THAT ARE APPLICABLE TO THE GAME, PLEASE DO NOT INSTALL OR USE THE GAME.
1.5 Megatent has the right to change this Agreement. After this Agreement has been changed, a notification will be given upon your first use of the Game after the change of this this Agreement and you will be provided with a reasonable opportunity to take notice of the changes in this Agreement. The changed version of this Agreement will become effective immediately after you have had opportunity to take note of the changed Agreement. If you do not agree with the changed Agreement, you have the right to terminate the (changed) Agreement and discontinue the use of the Game.
2. USING THE GAME
2.1 By accepting this Agreement, the Terms of Service of Megatent, the Privacy Policy of Megatent, and any other rules or guidelines that are applicable to the Game, Megatent grants to you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to use, and display the Game provided by Megatent for your personal, private, and non-commercial use by any applicable device(s) of which you are the sole, primary user.
2.2 You agree not to: (i) use the Game for any other purpose, or to copy or distribute the Game or any related part of the Game except as Megatent specifically allowed in this Agreement, (ii) sell, rent, lease, license, copy, distribute, or upload the Game to any internet server or website, (iii) modify, reverse engineer, or remove any security protections or any technical measures of the Game other than as permitted herein, (iv) remove any portion of the Game, including any proprietary notices or labels on the Game, or (v) unlawfully use the Game in conjunction with any unauthorized program to circumvent any portion of the Game.
2.3 The Game may contain virtual currency (“Virtual Currency”) and/or virtual goods (“Virtual Goods”). Virtual Currency means virtual cash, such as coins, points, gold, carats, or similar items that may be (i) obtained or earned through the Game or (ii) purchased by you for actual currency. Virtual Goods are provided solely for your entertainment use, and they are virtual digital items, such as tools, abilities or other goods that may be (a) obtained or earned through the Game or (b) purchased by you for actual currency or for Virtual Currency. You may purchase Virtual Currency and/or Virtual Goods through Megatent, or applicable Third-Party Marketplace.
2.4 You agree that you have reviewed, understood, and agreed to any and all of the applicable terms of Virtual Currency and Virtual Goods prior to making any transaction, including but not limited to purchase and refund procedures.
2.5 You are granted a non-exclusive, non-transferable, non-sublicensable, revocable, personal, limited license to use Virtual Currency and Virtual Currency within the Game that you have purchased or otherwise obtained in a method authorized by Megatent. Megatent may control, manage, regulate, modify, or eliminate Virtual Currency and/or Virtual Goods at without prior notice, especially in case of an apparent and substantial interest thereto on your part, with notice. Otherwise, you have no right or interest in or to any such Virtual Currency or Virtual Goods in the Game.
2.6 You may not transfer, sell, or sell Virtual Currency and Virtual Goods to any third-party except where expressly authorized by Megatent. Any such transfer or attempt to transfer is prohibited and void and may subject your account to termination.
2.7 You also understand and agree that all sales of Virtual Currency and Virtual Goods are final and non-refundable, except where Megatent, or the applicable Third-Party Marketplace decides to provide a refund. In addition, if your account or any portion of the Game is discontinued or terminated for any reason, you will forfeit all Virtual Currency and Virtual Goods.
3. INTELLECTUAL PROPERTY
3.1 All contents available through the Game, including without limitation, title, ownership, text, photographs, images, graphics, designs, audio, video, applications, software, files, and any and all other intellectual properties ("Megatent Content") are the proprietary contents and are properties of, and are solely owned by, Megatent and/or its licensors. Such contents are protected by laws relating to copyright, patent, trademark, trade secret and/or other forms of intellectual property and by other applicable laws, and Megatent reserves and retains all rights. Except where expressly authorized by Megatent, you may not copy, modify, translate, distribute, transmit, publish, republish, download, upload, frame, make available, lend, hire, adapt, or sell Megatent Content or any portion thereof. Any unauthorized use of Megatent Content may violate copyright law, trademark law or other applicable laws and regulations and will result in the termination of the license granted hereunder. Except as expressly set forth in this Agreement, the Agreement does not, and shall not be interpreted or construed to, grant to you any license to any intellectual property rights or other proprietary rights, including any implied license or license granted by estoppel or otherwise.
3.2 The names and marks “Megatent”, the Game(s) and any other logos, graphics, designs, web/page designs, and icons of Megatent used in connection with the Game(s) are registered or unregistered trademarks, service marks or trade dress of Megatent and/or its licensors (the "Marks"). You may not use the Marks other than in connection with any incidental personal use, as necessary. Without limiting the foregoing, you will not be permitted to use any of the Marks or any mark that is similar to, or likely to cause confusion with, any of the Marks as part of your organization or company name, as part of a domain name, or as part of any trademark or service mark used by you.
4. PROHIBITED CONDUCT AND CONTENT
4.1 You may use the Game solely for your personal, non-commercial use. You represent, warrant, and agree that you will not use the Game in an unlawful, threatening, or harassing manner, or take any action that is offensive, libellous, defamatory, immoral, or unethical or that is otherwise inconsistent with the standards of community and good conduct that Megatent intends to govern the use of the Game.
4.2 If you fail to adhere to any of Megatent’s Terms of Service and other applicable Game rules, you and/or your account may be terminated or banned from using the Game.
4.3 You understand and agree to the terms of Megatent’s Terms of Service and Ban Policy.
5. TECHNICAL REQUIREMENTS
5.1 You agree that you have adequate hardware, software, internet connection, and any other appropriate tools to use the Game.
6. PATCHES, UPDATES, AND CHANGES
6.1 From time to time, Megatent may provide updates, patches, bug fixes, additional contents, enhanced functions, or other modifications to the Game (“Updates”). This is to allow users to continue to play the Game and provide additional features and contents. You understand and hereby agree that you are required to download and install the Updates if such Updates are required to continue using the Game.
7. DATA COLLECTION
7.1 You agree that Megatent may collect, use, and store certain data, such as your IP address, operating system, application software to allow Megatent to provide you with product support and other services in relation to the Game. The Game may also allow the use of cookies. Cookies speed up your online usage by remembering your personal information, gather your Game activities data for improving the quality of your use of the Game, and marketing or promotional purposes. You may disable cookies on your device. Each device and browsers have unique cookies preference setting so please refer to your device for more information. Please visit the Privacy Policy of Megatent for more information.
8. EPILEPSY WARNING
8.1 Some individuals are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in daily life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement, or convulsion, while playing a video game, immediately discontinue use of the video game and consult your physician. Please note that when using a video game, you should take certain standard health and safety precautions, including avoiding playing the game when tired and not had much sleep, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and playing the game in a well-lit environment.
9. ACCOUNT SUSPENSION AND TERMINATION
9.1 Without prejudice to any other rights of Megatent, including, without limitation, the right to change this Agreement pursuant to clause 1.7 hereof, this Agreement shall remain in effect for as long as you use or run the Game. If you breach and/or fail to comply with any term hereof, Megatent reserves the right to remove, reject, deny, prohibit, refuse to post or transmit, any content or message by you, or to deny, restrict, suspend, discontinue, or terminate your account, access to the Game and any portion thereof. Further, Megatent expressly reserves the right to remove your profile or account and/or to deny, restrict, suspend, or terminate your access to the Game or any portion thereof if Megatent reasonably determines or believes that you have materially violated this Agreement or that you pose a threat to the Game, Megatent and/or any other user.
9.2 Megatent reserves the right to terminate the Agreement between you and Megatent by giving you written notice of termination with a notice period of at least thirty calendar days. You have the right to terminate the Agreement between you and Megatent at any moment in time without prior written notice.
9.3 Megatent also has the right to terminate the Agreement between you and Megatent in case:
(a) you breach one or more of your material obligations under this Agreement, the Terms of Use, the Ban Policy and/or of the applicable terms of Virtual Currency and Virtual Goods and such breach cannot be remedied or has not been remedied within 30 calendar days after a written notice of such breach by Megatent;
(b) you breach one or more of your material obligations under applicable laws and regulations and such breach cannot be remedied or has not been remedied within 30 calendar days after a written notice of such breach by Megatent; and
(c) Megatent decides to stop providing the Game to all users, provided that Megatent gives prior written notice of the discontinuation of the Game to you at least 3 calendar months before the date of termination of Game.
9.4 You may close your account and terminate this Agreement without cause at any time by uninstalling and/or stop using the Game. Please note that you may lose: (i) your original Game nickname and/or ID (“Original ID”), (ii) your in-Game progress, such as in-Game levels and items, and (iii) any Virtual Goods and/or Virtual Goods (as defined under Sections 2.3, 2.4, 2.5, 2.6 and 2.7 of this Agreement) that you (a) earned via the Game and/or (b) purchased from Megatent, or applicable Third-Party Marketplace accessible from that account at the time of the termination.
9.5 Please note that Megatent may remove your original ID and/or Game nickname if you do not use the Game, such as logging-in to your Game account or playing the Game, for 365 consecutive days (1 year). If this occurs, you may not use the Original ID and/or your original Game nickname and instead, Megatent may provide you with following options once you use the Game again: (i) a new Game nickname and/or ID, or (ii) a chance to create a new Game nickname and/or ID.
10. LIMITATIONS OF LIABILITY
10.1 The aggregate liability of Megatent for all damages for any cause arising under this Agreement between Megatent and you shall not exceed the total of the fees invoiced by Megatent and paid by you for the Game during the last six (6) calendar months prior to the day on which you notified the damage(s) to Megatent.
10.2 Megatent is not liable if and insofar as damage is caused by the fact that you and/or other users have not complied with applicable laws and regulations and/or this Agreement.10.3 These limitations and exclusions of liability shall not apply in the event of: (i) death or personal injury, and (ii) gross negligence or wilful misconduct by Megatent.
11. FORCE MAJEURE
11.1 Megatent shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Megatent, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Megatent’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, earthquakes, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
12. SEVERABILITY
12.1 If any provision of this Agreement is determined to be unenforceable, then it will not affect the other provisions of this Agreement and the rest of this Agreement shall continue in effect.
13. AMENDMENT
13.1 This Agreement shall constitute the complete and exclusive agreement between you and Megatent, and any portion of this Agreement may not be modified or amended by you except in a writing duly signed by you and an authorized representative of Megatent.
14. GOVERNING LAW
14.1 Any dispute between you and Megatent regarding this Agreement will be governed and construed in accordance with the laws of the Republic of Korea without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
14.2 You agree to any action to enforce, interpret, initiate any suit, action or proceedings that may arise out or, or in connection with this Agreement shall be brought in the courts located in the Republic of Korea, which shall have the exclusive jurisdiction and venue. Nevertheless, if Megatent invokes this article and brings a suit, action or proceedings before the courts located in the Republic of Korea, you have the right during one month to bring the dispute before the courts that have jurisdiction according to applicable laws.
14.3 This section 14 (Governing law) shall survive any termination or expiration of your account or your use of the Service.
Effective Date: 1st April, 2022
1. GENERAL
1.1 PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING THIS “GAME” (AS DEFINED BELOW). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY Megatent Inc. (“Megatent”).
1.2 This Agreement is a legal agreement between you and Megatent (the “Provider”) in relation to your use of “Turn the Line (the “Game”).
1.3 By installing or using the Game, you agree that you have read, understand, and agree with all related applicable rules and agreement(s) of Provider and Third-Party Marketplace (as defined below) applicable to the Game, including but not limited to rules provided by, Steam®, Xbox™, PlayStation™, App Store® and Game Center Service, Google Play™ store, and any other third-party platform (“Third-Party Marketplace”). YOUR USE OF THE GAME MAY ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM® SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS, SUCH AS PAYMENT TERMS, SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE AND THE OTHER APPLICABLE THIRD-PARTY MARKETPLACE.
1.4 By installing or using the Game, you agree that you have read, understand, and agree to the terms of this Agreement, Megatent’s Terms of Service, Megantent’s Privacy Policy, Ban Policy, and any other rules or guidelines that are applicable to the Game. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, TERMS OF SERVICE, PRIVACY POLICY, AND/OR ANY OTHER RULES THAT ARE APPLICABLE TO THE GAME, PLEASE DO NOT INSTALL OR USE THE GAME.
1.5 Megatent has the right to change this Agreement. After this Agreement has been changed, a notification will be given upon your first use of the Game after the change of this this Agreement and you will be provided with a reasonable opportunity to take notice of the changes in this Agreement. The changed version of this Agreement will become effective immediately after you have had opportunity to take note of the changed Agreement. If you do not agree with the changed Agreement, you have the right to terminate the (changed) Agreement and discontinue the use of the Game.
2. USING THE GAME
2.1 By accepting this Agreement, the Terms of Service of Megatent, the Privacy Policy of Megatent, and any other rules or guidelines that are applicable to the Game, Megatent grants to you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to use, and display the Game provided by Megatent for your personal, private, and non-commercial use by any applicable device(s) of which you are the sole, primary user.
2.2 You agree not to: (i) use the Game for any other purpose, or to copy or distribute the Game or any related part of the Game except as Megatent specifically allowed in this Agreement, (ii) sell, rent, lease, license, copy, distribute, or upload the Game to any internet server or website, (iii) modify, reverse engineer, or remove any security protections or any technical measures of the Game other than as permitted herein, (iv) remove any portion of the Game, including any proprietary notices or labels on the Game, or (v) unlawfully use the Game in conjunction with any unauthorized program to circumvent any portion of the Game.
2.3 The Game may contain virtual currency (“Virtual Currency”) and/or virtual goods (“Virtual Goods”). Virtual Currency means virtual cash, such as coins, points, gold, carats, or similar items that may be (i) obtained or earned through the Game or (ii) purchased by you for actual currency. Virtual Goods are provided solely for your entertainment use, and they are virtual digital items, such as tools, abilities or other goods that may be (a) obtained or earned through the Game or (b) purchased by you for actual currency or for Virtual Currency. You may purchase Virtual Currency and/or Virtual Goods through Megatent, or applicable Third-Party Marketplace.
2.4 You agree that you have reviewed, understood, and agreed to any and all of the applicable terms of Virtual Currency and Virtual Goods prior to making any transaction, including but not limited to purchase and refund procedures.
2.5 You are granted a non-exclusive, non-transferable, non-sublicensable, revocable, personal, limited license to use Virtual Currency and Virtual Currency within the Game that you have purchased or otherwise obtained in a method authorized by Megatent. Megatent may control, manage, regulate, modify, or eliminate Virtual Currency and/or Virtual Goods at without prior notice, especially in case of an apparent and substantial interest thereto on your part, with notice. Otherwise, you have no right or interest in or to any such Virtual Currency or Virtual Goods in the Game.
2.6 You may not transfer, sell, or sell Virtual Currency and Virtual Goods to any third-party except where expressly authorized by Megatent. Any such transfer or attempt to transfer is prohibited and void and may subject your account to termination.
2.7 You also understand and agree that all sales of Virtual Currency and Virtual Goods are final and non-refundable, except where Megatent, or the applicable Third-Party Marketplace decides to provide a refund. In addition, if your account or any portion of the Game is discontinued or terminated for any reason, you will forfeit all Virtual Currency and Virtual Goods.
3. INTELLECTUAL PROPERTY
3.1 All contents available through the Game, including without limitation, title, ownership, text, photographs, images, graphics, designs, audio, video, applications, software, files, and any and all other intellectual properties ("Megatent Content") are the proprietary contents and are properties of, and are solely owned by, Megatent and/or its licensors. Such contents are protected by laws relating to copyright, patent, trademark, trade secret and/or other forms of intellectual property and by other applicable laws, and Megatent reserves and retains all rights. Except where expressly authorized by Megatent, you may not copy, modify, translate, distribute, transmit, publish, republish, download, upload, frame, make available, lend, hire, adapt, or sell Megatent Content or any portion thereof. Any unauthorized use of Megatent Content may violate copyright law, trademark law or other applicable laws and regulations and will result in the termination of the license granted hereunder. Except as expressly set forth in this Agreement, the Agreement does not, and shall not be interpreted or construed to, grant to you any license to any intellectual property rights or other proprietary rights, including any implied license or license granted by estoppel or otherwise.
3.2 The names and marks “Megatent”, the Game(s) and any other logos, graphics, designs, web/page designs, and icons of Megatent used in connection with the Game(s) are registered or unregistered trademarks, service marks or trade dress of Megatent and/or its licensors (the "Marks"). You may not use the Marks other than in connection with any incidental personal use, as necessary. Without limiting the foregoing, you will not be permitted to use any of the Marks or any mark that is similar to, or likely to cause confusion with, any of the Marks as part of your organization or company name, as part of a domain name, or as part of any trademark or service mark used by you.
4. PROHIBITED CONDUCT AND CONTENT
4.1 You may use the Game solely for your personal, non-commercial use. You represent, warrant, and agree that you will not use the Game in an unlawful, threatening, or harassing manner, or take any action that is offensive, libellous, defamatory, immoral, or unethical or that is otherwise inconsistent with the standards of community and good conduct that Megatent intends to govern the use of the Game.
4.2 If you fail to adhere to any of Megatent’s Terms of Service and other applicable Game rules, you and/or your account may be terminated or banned from using the Game.
4.3 You understand and agree to the terms of Megatent’s Terms of Service and Ban Policy.
5. TECHNICAL REQUIREMENTS
5.1 You agree that you have adequate hardware, software, internet connection, and any other appropriate tools to use the Game.
6. PATCHES, UPDATES, AND CHANGES
6.1 From time to time, Megatent may provide updates, patches, bug fixes, additional contents, enhanced functions, or other modifications to the Game (“Updates”). This is to allow users to continue to play the Game and provide additional features and contents. You understand and hereby agree that you are required to download and install the Updates if such Updates are required to continue using the Game.
7. DATA COLLECTION
7.1 You agree that Megatent may collect, use, and store certain data, such as your IP address, operating system, application software to allow Megatent to provide you with product support and other services in relation to the Game. The Game may also allow the use of cookies. Cookies speed up your online usage by remembering your personal information, gather your Game activities data for improving the quality of your use of the Game, and marketing or promotional purposes. You may disable cookies on your device. Each device and browsers have unique cookies preference setting so please refer to your device for more information. Please visit the Privacy Policy of Megatent for more information.
8. EPILEPSY WARNING
8.1 Some individuals are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in daily life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement, or convulsion, while playing a video game, immediately discontinue use of the video game and consult your physician. Please note that when using a video game, you should take certain standard health and safety precautions, including avoiding playing the game when tired and not had much sleep, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and playing the game in a well-lit environment.
9. ACCOUNT SUSPENSION AND TERMINATION
9.1 Without prejudice to any other rights of Megatent, including, without limitation, the right to change this Agreement pursuant to clause 1.7 hereof, this Agreement shall remain in effect for as long as you use or run the Game. If you breach and/or fail to comply with any term hereof, Megatent reserves the right to remove, reject, deny, prohibit, refuse to post or transmit, any content or message by you, or to deny, restrict, suspend, discontinue, or terminate your account, access to the Game and any portion thereof. Further, Megatent expressly reserves the right to remove your profile or account and/or to deny, restrict, suspend, or terminate your access to the Game or any portion thereof if Megatent reasonably determines or believes that you have materially violated this Agreement or that you pose a threat to the Game, Megatent and/or any other user.
9.2 Megatent reserves the right to terminate the Agreement between you and Megatent by giving you written notice of termination with a notice period of at least thirty calendar days. You have the right to terminate the Agreement between you and Megatent at any moment in time without prior written notice.
9.3 Megatent also has the right to terminate the Agreement between you and Megatent in case:
(a) you breach one or more of your material obligations under this Agreement, the Terms of Use, the Ban Policy and/or of the applicable terms of Virtual Currency and Virtual Goods and such breach cannot be remedied or has not been remedied within 30 calendar days after a written notice of such breach by Megatent;
(b) you breach one or more of your material obligations under applicable laws and regulations and such breach cannot be remedied or has not been remedied within 30 calendar days after a written notice of such breach by Megatent; and
(c) Megatent decides to stop providing the Game to all users, provided that Megatent gives prior written notice of the discontinuation of the Game to you at least 3 calendar months before the date of termination of Game.
9.4 You may close your account and terminate this Agreement without cause at any time by uninstalling and/or stop using the Game. Please note that you may lose: (i) your original Game nickname and/or ID (“Original ID”), (ii) your in-Game progress, such as in-Game levels and items, and (iii) any Virtual Goods and/or Virtual Goods (as defined under Sections 2.3, 2.4, 2.5, 2.6 and 2.7 of this Agreement) that you (a) earned via the Game and/or (b) purchased from Megatent, or applicable Third-Party Marketplace accessible from that account at the time of the termination.
9.5 Please note that Megatent may remove your original ID and/or Game nickname if you do not use the Game, such as logging-in to your Game account or playing the Game, for 365 consecutive days (1 year). If this occurs, you may not use the Original ID and/or your original Game nickname and instead, Megatent may provide you with following options once you use the Game again: (i) a new Game nickname and/or ID, or (ii) a chance to create a new Game nickname and/or ID.
10. LIMITATIONS OF LIABILITY
10.1 The aggregate liability of Megatent for all damages for any cause arising under this Agreement between Megatent and you shall not exceed the total of the fees invoiced by Megatent and paid by you for the Game during the last six (6) calendar months prior to the day on which you notified the damage(s) to Megatent.
10.2 Megatent is not liable if and insofar as damage is caused by the fact that you and/or other users have not complied with applicable laws and regulations and/or this Agreement.10.3 These limitations and exclusions of liability shall not apply in the event of: (i) death or personal injury, and (ii) gross negligence or wilful misconduct by Megatent.
11. FORCE MAJEURE
11.1 Megatent shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Megatent, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Megatent’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, earthquakes, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
12. SEVERABILITY
12.1 If any provision of this Agreement is determined to be unenforceable, then it will not affect the other provisions of this Agreement and the rest of this Agreement shall continue in effect.
13. AMENDMENT
13.1 This Agreement shall constitute the complete and exclusive agreement between you and Megatent, and any portion of this Agreement may not be modified or amended by you except in a writing duly signed by you and an authorized representative of Megatent.
14. GOVERNING LAW
14.1 Any dispute between you and Megatent regarding this Agreement will be governed and construed in accordance with the laws of the Republic of Korea without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
14.2 You agree to any action to enforce, interpret, initiate any suit, action or proceedings that may arise out or, or in connection with this Agreement shall be brought in the courts located in the Republic of Korea, which shall have the exclusive jurisdiction and venue. Nevertheless, if Megatent invokes this article and brings a suit, action or proceedings before the courts located in the Republic of Korea, you have the right during one month to bring the dispute before the courts that have jurisdiction according to applicable laws.
14.3 This section 14 (Governing law) shall survive any termination or expiration of your account or your use of the Service.
Effective Date: 1st April, 2022