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These Terms of Service (“Terms”) apply between VALOFE Corporation (“VALOFE” or “we”, “our,” “us,” or “company”), and You (as defined below). Terms will prevail over any other agreements or terms of service you may have entered into or will have entered into with us with respect to your use of VALOFE’s game application (“Game” or “Software”)
YOU READ, UNDERSTAND AND ACCEPT THE PROVISIONS OF THESE TERMS OF SERVICE BEFORE USING OUR SERVICES. BY CLICKING “AGREE,” INSTALLING THE GAME TITLED ‘BLACK SQUAD,’ OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.
VALOFE reserves the right to change, modify, add or delete terms of this EULA at any time in accordance with the procedures described below in
If you do not agree to the terms of this License Agreement and Privacy Policy, please do not install or execute the software.
You also hereby warrant and represent that you either:
1) have the legal capacity to agree to these Terms and are legally competent to read, understand and accept the provisions of these Terms on behalf of yourself; or
2) represent that your legal guardian has reviewed and agreed to these Terms and given consent in accordance with the applicable laws and in accordance with any relevant VALOFE policy.
These Terms consist of the terms and conditions below together with our other policies or rules of conduct and our Privacy Policy (as may be amended from time to time)(together, “VALOFE Policies”) which is incorporated herein by reference. VALOFE will post any changes and modifications to these Terms on Steam store page of Game and Privacy Policy which can be found on
[End User License Agreement]
Game Name: “BLACK SQUAD” client
1. LIMITED LICENSE
1.1 License Grant – Subject to your acceptance and compliance with the conditions herein and all other policies or rules of conduct, VALOFE hereby grants You a revocable, non-exclusive, license for personal and non-commercial use of the Game and Services that is non-transferable. Any Services or software (“Software”) supplied by VALOFE in relation to the Game is licensed, not sold, by VALOFE. All title and rights not expressly granted in these Terms of Service, including but not limited to any Intellectual Property (“IP”) right and the display thereof, are retained by VALOFE and/or third-parties under agreement with VALOFE. IP rights includes any or all of the trademarks, trade names, patent, copyright, registered designs, trade secrets or other industrial or intellectual property right subsisting in any territory.
1.2 License Pre-Conditions – You acknowledge that any VALOFE license to use the Services, the content and the Game (and/or the creation of any Character) is pre-conditioned upon Your agreement to comply with all provisions of these Terms. YOU ACKNOWLEDGE THAT ANY SUCH LICENSE TERMINATES IMMEDIATELY ON NOTICE TO YOU IF YOU BREACH, OR OTHERWISE FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS, OR IF YOU ARE FOUND TO HAVE PREVIOUSLY BREACHED OR FAILED TO COMPLY WITH VALOFE’S TERMS OF SERVICE OR ITS POLICIES.
1.3 Minors - You shall restrict use by minors. You accept full responsibility for any use or action in respect of the Services by minors and You hereby consent to these Terms on behalf of such minors.
1.4 License Restrictions – You agree that You will not, directly or indirectly, (except as expressly permitted under applicable law):
(i) reverse engineer, translate, adapt, disassemble, decompile, analyze, or reduce to any human-perceivable form, any Software or parts thereof, or other intellectual property used to provide the Services or the Game, including for the purpose of securing compatibility and backup;
(ii) copy, distribute or reproduce any Services, any content therein, Software, or parts thereof;
(iii) modify, or create a derivative work of, any Services, any content therein, Software, or parts thereof; and/or
(iv) sell, sub-license, rent, lease, grant a security interest in, borrow, lend, loan, network or engage in any activity that could in any way transfer or provide others access to any Services, any content therein, Software, or parts thereof, including but not limited to any serial code number, access key or the like.
2. ACCOUNT(S), SERVICES AND PAYMENTS
2.1 Account(s) – The Game may require you to create an VALOFE account (“Account”). It is Your responsibility to establish any Account needed or recommended for the Game and to comply with any VALOFE Policies for establishing and maintaining such Account(s). You are responsible for any use and related liabilities with respect to any Account for which You click “I ACCEPT,” whether or not such use and related liabilities were in any way authorized by You. It is Your responsibility to keep your Account information up to date, and safeguard any access control mechanisms You may have related to an Account such as a password or PIN.
2.2 Payments Related to Services and Content –You may be required to pay fees in relation to any Services or any content therein. YOU ACKNOWLEDGE AND AGREE THAT (a) UNLESS REQUIRED BY RELEVANT LAWS OF THE REPUBLIC OF KOREA, VALOFE HAS NO OBLIGATION TO REFUND ANY PAYMENTS IN WHOLE OR IN PART, AND (b) THAT VALOFE MAY TERMINATE ANY ACCOUNT RELATED TO ANY ATTEMPT TO OBTAIN A REFUND OF ANY PAYMENTS.
2.3 No Cash Value of Virtual Items – Within the Services, you may be allowed to obtain “virtual currency” or “in-game items” from VALOFE (or a third party authorized by VALOFE) for use in connection with the Game (together, “Virtual Items”) or other offerings by VALOFE. You acknowledge that a Virtual Item is digital material with no cash value, that no interest is paid or earned with respect to any Virtual Item, that Virtual Item is not personal property, that the quantity of Virtual Item in Your Account may be increased, decreased, modified or removed by VALOFE in its sole and absolute discretion for any reason or no reason whatsoever, that You have no right to a refund related to a Virtual Item, that there is no right to transfer or exchange any Virtual Item. VALOFE may limit Your license to use any Virtual Item or Services, content or activity, as well as any time period related thereto. In addition, you also acknowledge and further agree that You have no right to obtain any recompense (or compensation) for the foregoing.
3. YOUR RESPONSIBILITIES AND CONDUCT
You agree that You may not and will not,
(a) engage in any activity, including without limitation, with respect to any Account or Character, such as: (i) providing VALOFE any inaccurate information regarding an Account; (ii) selecting an Account or Character ID that would require any license from any third party; (iii) implying any affiliation with VALOFE or impersonating any other person;
(b) access or use the Account or personal information of another person without authorization;
(c) select an Account, Character ID or provide any communication or information within the Services that VALOFE, in its sole and absolute discretion, deems to be vulgar, threatening, defamatory, libelous, obscene, racist, sexist, promoting sexual violence, advocating homosexuality or lesbianism, promoting incest, paedophilia, bestiality and necrophilia, glorifying or inciting ethnic, racial or religious hatred, or otherwise offensive.
(d) misappropriate, violate or infringe VALOFE or any third-party IP right;
(e) be a party to any commercial activity related to the Game, including but not limited to: (i) providing or obtaining any digital material or content, including but not limited to any Virtual Item, any Account, or Character.
(f) use, or provide others with, any “hack,” “cheat,” “helper,” “exploit” or “mod” or any other unauthorized software including any automation software (a.k.a. “bot”) or software designed to change or modify operation of the Game; or provide any service that interacts with the Software.
(g) knowingly affect the Services, the Game, any content or Software via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used;
(h) use any VALOFE IP right except as permitted under these Terms or otherwise permitted in writing by VALOFE;
(i) engage in any activity prohibited under Section 1.4 above;
(j) violate or infringe copyright laws, or in any way circumvent (or attempt to circumvent) any VALOFE technological measure intended to effectively control access to the Services, the Game, its content, Software, or any other VALOFE IP right, circumvent any protection afforded by an VALOFE technological measure to any VALOFE IP right, or engage in any trafficking related to the foregoing;
(k) post or send any information (including software programs and files) prohibited by VALOFE;
(l) modify or change any part of the Services or any information (including software programs and files) posted by VALOFE;
(m) violate any law or governmental regulation related to the Game;
(n) gain unfair profit by deceit or fraud with respect to other users; and
(o) solicit, advertise or assist others in any of the foregoing activities.
4. Service Use Restriction
In the event that the members fall under the following reasons, VALOFE may take proper action and cancel the service contract without prior notice.
(a) In the event that false information is registered when applying for or changing membership
(b) In the event that VALOFE judges or suspects the member's information as being stolen or abnormally used
(c) In case the information is stolen or interrupted by another person
(d) In case of a false representation of an operating personnel, employee or person in VALOFE.
(e) In case of business activities using the service without prior consent from VALOFE.
(f) In case a user exploits bug in a company program or acquires game cash, game items or game money in an abnormal way
(g) In case of using a computer program, device or device not provided or approved by VALOFE to disable technical protection of company services or interfere with the normal operation of the game
(h) In case of harassment, intimidation or continuous pain or discomfort to a particular user
(i) In case it is judged that it is difficult to view it through normal service use
5. TERMINATION OF ACCOUNT AND SERVICE
5.1 Account Suspension and/or Termination for Cause – VALOFE may limit, suspend, modify, prohibit access to, and/or delete for cause (e.g., You breach, violate, or otherwise fail to comply with any of these Terms or VALOFE Policies, or if such noncompliance, or illegal or improper activity is suspected) Your Account, all related content and/or characteristics related to a Character, with or without any notice. Any suspension and/or termination hereunder, as well as the timing thereof, shall be conclusively determined in the sole and absolute discretion of VALOFE. YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE HAD TO NOTICE OF TERMINATION FROM VALOFE. YOU CAN LOSE YOUR ACCOUNT AND CHARACTER AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES. VALOFE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. VALOFE MAY TERMINATE THE LICENSE OF THE USER UNILATERALLY WITHOUT ANY COMPENSATION IF THE USER VIOLATES THE TERMS SPECIFIED IN THIS LICENSE AGREEMENT. YOU AGREE TO DISCARD ALL PARTS OF THE SOFTWARE IMMEDIATELY INCLUDING BY-PRODUCT, AND TO REMOVE THE SOFTWARE.
5.2 Effect – Suspension and/or termination of an Account under this Section also suspends and/or terminates (as applicable) any license granted by VALOFE under these Terms. Termination of any license granted by VALOFE is without prejudice to VALOFE’s other rights or remedies under these Terms, and is without prejudice to the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
5.3 VALOFE reserves the right to stop offering and/or supporting the Game, Services or part of the Services at any time by announcement on our website, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, unless required by relevant laws, VALOFE shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services or Game.
6. Purpose of Use
6.1 This Software is provided free of charge for the sole purpose of using the online game service. If you use the Software in unauthorized ways, it is considered to be a violation of this License Agreement.
6.2 The Software is offered in its present condition. We do not guarantee nor take any responsibility for the content, functionality, validity, accuracy, stability, non-infringement of third party rights, dissatisfaction and loss of the Software.
6.3 Any use of the game and Software is entirely at your own risk. VALOFE does not warrant that the Software will be operable in any conditions.
6.4 VALOFE shall not be responsible in any way for any damage or loss caused by the use of this Software except for cases caused by our intentional act or gross negligence. In addition, VALOFE is not responsible for any consequences of illicit use by third parties.
6.5 When the Software is uninstalled, we are not responsible for the removal of any folders and files created by the Software under its installation path.
7. INTELLECTUAL PROPERTY
7.1 You acknowledge and agree that You have no IP right related to the Game or any Services, the content therein, Software, or any combination of the foregoing or parts thereof except the limited license provided herein.
7.2 You acknowledge, and further agree, that You have no ownership or IP right related to any Account, any communication or information provided by You or anyone else, any information, feedback or communication related to the Game, any Character or characteristics related to a Character, any combination of the foregoing or parts thereof, or any combination of the foregoing with any Services, content, Software, or parts thereof. All rights in and to an Account are and shall be owned by and inure to the benefit of VALOFE.
7.3 To the extent You may claim any such IP right(s), including but not limited with respect to User Content that you upload, submit or transmit through the Service, You hereby grant VALOFE a worldwide, non-exclusive, no-charge, royalty-free, sub-licensable, perpetual and irrevocable license and full authorization to exercise all rights of any kind or nature associated with such IP right(s), and all ancillary and subsidiary rights thereto, in any languages and media now known or not currently known. Your license to VALOFE includes, but is not limited to, all necessary trademark licenses, all copyright licenses needed to reproduce, display, publicly perform, distribute and prepare derivative works of any such IP right, and all patent licenses needed to make, have made or otherwise transfer, use, offer to sell, sell, export and import related to such IP right(s). To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. In addition to the provisions of Section 11 below, you further agree to defend, indemnify and hold harmless VALOFE with respect to any claim, cost, demand, expense and/or liability by or involving third parties that any such license to any such IP right(s) misappropriates, violates or infringes any third party IP right or other proprietary rights.
8. DISCLAIMER OF WARRANTIES
EACH GAME AND THE SERVICES IS/ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, OPERABILITY, QUALITY OF SERVICE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED, THAT THEY ARE FREE FROM DEFECTS OR VIRUSES OR THAT DEFECTS WILL BE CORRECTED. WE DISCLAIM ALL RESPONSIBILITY AND LIABILITY ARISING FROM OR RELATING TO THE AVAILABILITY, OPERABILITY, TIMELINESS, SECURITY, RELIABILITY, QUALITY OF THE GAME AND SERVICE, ANY RELATED SOFTWARE OR APPLICATION, OR OTHER PRODUCTS, SERVICES, INFORMATION OBTAINED THROUGH THE GAME. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR: THE LOSS OR DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER INFORMATION MAINTAINED OR TRANSMITTED THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR ADVICE TRANSMITTED THROUGH THE SERVICES.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL VALOFE, ANY THIRD PARTIES UNDER AGREEMENT WITH VALOFE, ANY SUBSIDIARY OR AFFILIATE OF VALOFE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, LIQUIDATED, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, REVENUE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED OR BASED ON ANY THEORY OF LIABILITY OR CAUSE OF ACTION ARISING IN ANY WAY RELATED TO THESE TERMS OR USE OF THE GAME, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BY ENTERING INTO THIS AGREEMENT TO USE VALOFE SERVICES, CONTENT OR SOFTWARE YOU ACCEPT THE FOREGOING LIMITATION OF LIABILITY / ALLOCATION OF RISK AND AGREE TO RELEASE VALOFE, ANY THIRD PARTIES UNDER AGREEMENT WITH VALOFE, ANY SUBSIDIARY OR AFFILIATE OF VALOFE FROM ANY AND ALL LIABILITIES, OBLIGATIONS, CLAIMS, OR DEMANDS THAT MAY ARISE UNDER, FROM OR IN ANY WAY RELATE TO THESE TERMS, DIRECTLY OR INDIRECTLY, IN EXCESS OF AN ENTIRE AND AGGREGATE MAXIMUM AMOUNT WHOSE TOTAL SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN CONNECTION WITH ONE ACCOUNT IN THE PRECEDING SIX (6) MONTHS. THE FOREGOING SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE FOREGOING ARE ESSENTIAL TERMS AND, IF ANY OF THESE TERMS ARE CONSTRUED AS UNENFORCEABLE, FAIL IN ESSENTIAL PURPOSE, OR BECOME VOID OR DETRIMENTAL TO VALOFE, ANY THIRD PARTIES UNDER AGREEMENT WITH VALOFE, ANY PARENT, SUBSIDIARY OR AFFILIATE OF VALOFE, THEN ANY LICENSE YOU MAY HAVE UNDER THESE TERMS SHALL BE TERMINATED IMMEDIATELY. MOREOVER, YOU ACKNOWLEDGE THE FOREGOING SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF ANY LICENSE, AGREEMENT OR USE RELATED TO THE GAME.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS SHALL LIMIT VALOFE’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED BY LAW.
10. INDEMNIFICATION
You agree to indemnify and hold harmless VALOFE, any third parties under agreement with VALOFE, any subsidiary or affiliate of VALOFE, from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of (a) Your use or misuse of the Services, (b) any violation by You of VALOFE Policies, or (c) any breach of the representations, warranties, and covenants made by You herein, or (d) Your actions to knowingly affect the Services, the Game, content therein or Software via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
11. GOVERNING LAW
This License Agreement shall be governed by the laws of the Republic of Korea. If a dispute arises over this License Agreement between VALOFE and you, both parties may resolve the dispute in the court of competent jurisdiction
12. MODIFICATIONS
It is your responsibility to read, understand and accept these Terms and the VALOFE Policies in effect, every time You use the Services.
WE MAY MODIFY THESE TERMS OF SERVICE AT ANY TIME BY POSTING THE SAME OR BY ANNOUNCEMENT ON OUR WEBSITE . YOUR CONTINUED USE OF THE GAME AND SERVICES FOLLOWING ANY MODIFICATIONS TO THESE TERMS WILL BE DEEMED ACCEPTANCE OF ANY SUCH MODIFICATIONS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE GAME OR SERVICES, OR DOWNLOAD OR USE ANY RELATED SOFTWARE.
13. GENERAL PROVISIONS
The Terms of Agreement and the relationship between you, VALOFE and/or the Service Provider Customer shall be governed by and construed in accordance with the laws of the Republic of Korea and such parties agree to submit to the jurisdiction of such courts.
The Terms of Agreement, together with any separate written or online agreement between you, VALOFE and/or the Service Provider Customer (including but not limited to the Mature Content Agreement if applicable to you) constitute the entire and only agreement, and supersedes any prior agreements between you, VALOFE and/or the Service Provider Customer, (including, but not limited to all prior versions of the User Agreement, General Terms of Use, and Terms of Agreement, where applicable).
The failure of VALOFE or the Service Provider Customer to exercise its rights or insist upon the performance of the user's obligation hereunder shall not constitute a waiver or relinquishment of those or any other rights under these Terms of Agreement.
VALOFE may give you a limited answer or no answer regarding in-game or future information, which is not officially announced, including any upcoming update, or confidential information derived from the nature of the 'game' service. VALOFE does not intervene any conflict between users playing a Game.
You agree that regardless of any statute or law to the contrary, any action, suit or proceeding arising out of or related to the use of the Service or to the Terms of Agreement must be commenced within 1 year after such claim or cause of action arose or be forever barred.
Section titles in the Terms of Agreement are for convenience only and have no legal or contractual effect or significance.
It is the express wish of the parties that the Terms of Agreement and all related documents have been drawn up in English.
Appendix (2017. 7. 14.)
Effective Date: from July 14, 2017
This License Agreement ("Agreement") is made between you (the "Licensee") and BattlEye Innovations e.K. (the "Licensor"). The terms of this Agreement apply to all current and future versions and updates of BattlEye anti-cheat software ("BattlEye").
By installing, enabling or using BattlEye, Licensee agrees with all the terms of this Agreement. Licensor reserves all rights not specifically granted and transferred to Licensee.
Licensee understands, acknowledges and agrees with the following:
- Licensor grants Licensee a non-exclusive and non-transferable license to use BattlEye for non-commercial purposes only. Licensee therefore does not own BattlEye, Licensor remains the owner of BattlEye.
- Licensor provides BattlEye on an "as is" basis without warranty of any kind. Licensor neither guarantees the correct, error-free functioning of BattlEye nor is Licensor responsible for any damage caused by the use of BattlEye.
- Licensee may not decompile, disassemble, reverse-engineer, modify or redistribute BattlEye in any way.
- BattlEye will automatically, without notice to Licensee, download and install updates from time to time.
- BattlEye may scan Licensee's entire random access memory (RAM), and any game-related and system-related files and folders on Licensee's system using cheat-program-identifying algorithms, report results of such algorithms to other connected computers and/or to Licensor and store such information for the sole purpose of preventing and detecting the use of cheat programs. BattlEye only scans and/or reports data which absolutely needs to be scanned and/or reported to meet this purpose.
- BattlEye may further report and store Licensee's Internet Protocol address, game account name and identifier, in-game nickname, and system-related and hardware-related information including, but not limited to, device identifiers and hardware serial numbers.
- Licensor values Licensee's privacy and does its utmost to protect it at all times. BattlEye does not report any personally identifiable information or personal data except for any information/data specifically mentioned herein.
- Licensor stores all information collected by BattlEye on servers located in Europe and/or the US. Licensor may share the information with its partners and/or affiliates.
- Licensee acknowledges that the invasive nature of BattlEye is necessary to meet its purpose and goal of preventing and detecting cheat programs.
- Licensor is allowed to terminate the license at any time for any reason and without notice to Licensee.
This License Agreement constitutes the entire agreement between Licensor and Licensee and supersedes any prior statements.
YOU READ, UNDERSTAND AND ACCEPT THE PROVISIONS OF THESE TERMS OF SERVICE BEFORE USING OUR SERVICES. BY CLICKING “AGREE,” INSTALLING THE GAME TITLED ‘BLACK SQUAD,’ OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.
VALOFE reserves the right to change, modify, add or delete terms of this EULA at any time in accordance with the procedures described below in
If you do not agree to the terms of this License Agreement and Privacy Policy, please do not install or execute the software.
You also hereby warrant and represent that you either:
1) have the legal capacity to agree to these Terms and are legally competent to read, understand and accept the provisions of these Terms on behalf of yourself; or
2) represent that your legal guardian has reviewed and agreed to these Terms and given consent in accordance with the applicable laws and in accordance with any relevant VALOFE policy.
These Terms consist of the terms and conditions below together with our other policies or rules of conduct and our Privacy Policy (as may be amended from time to time)(together, “VALOFE Policies”) which is incorporated herein by reference. VALOFE will post any changes and modifications to these Terms on Steam store page of Game and Privacy Policy which can be found on
[End User License Agreement]
Game Name: “BLACK SQUAD” client
1. LIMITED LICENSE
1.1 License Grant – Subject to your acceptance and compliance with the conditions herein and all other policies or rules of conduct, VALOFE hereby grants You a revocable, non-exclusive, license for personal and non-commercial use of the Game and Services that is non-transferable. Any Services or software (“Software”) supplied by VALOFE in relation to the Game is licensed, not sold, by VALOFE. All title and rights not expressly granted in these Terms of Service, including but not limited to any Intellectual Property (“IP”) right and the display thereof, are retained by VALOFE and/or third-parties under agreement with VALOFE. IP rights includes any or all of the trademarks, trade names, patent, copyright, registered designs, trade secrets or other industrial or intellectual property right subsisting in any territory.
1.2 License Pre-Conditions – You acknowledge that any VALOFE license to use the Services, the content and the Game (and/or the creation of any Character) is pre-conditioned upon Your agreement to comply with all provisions of these Terms. YOU ACKNOWLEDGE THAT ANY SUCH LICENSE TERMINATES IMMEDIATELY ON NOTICE TO YOU IF YOU BREACH, OR OTHERWISE FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS, OR IF YOU ARE FOUND TO HAVE PREVIOUSLY BREACHED OR FAILED TO COMPLY WITH VALOFE’S TERMS OF SERVICE OR ITS POLICIES.
1.3 Minors - You shall restrict use by minors. You accept full responsibility for any use or action in respect of the Services by minors and You hereby consent to these Terms on behalf of such minors.
1.4 License Restrictions – You agree that You will not, directly or indirectly, (except as expressly permitted under applicable law):
(i) reverse engineer, translate, adapt, disassemble, decompile, analyze, or reduce to any human-perceivable form, any Software or parts thereof, or other intellectual property used to provide the Services or the Game, including for the purpose of securing compatibility and backup;
(ii) copy, distribute or reproduce any Services, any content therein, Software, or parts thereof;
(iii) modify, or create a derivative work of, any Services, any content therein, Software, or parts thereof; and/or
(iv) sell, sub-license, rent, lease, grant a security interest in, borrow, lend, loan, network or engage in any activity that could in any way transfer or provide others access to any Services, any content therein, Software, or parts thereof, including but not limited to any serial code number, access key or the like.
2. ACCOUNT(S), SERVICES AND PAYMENTS
2.1 Account(s) – The Game may require you to create an VALOFE account (“Account”). It is Your responsibility to establish any Account needed or recommended for the Game and to comply with any VALOFE Policies for establishing and maintaining such Account(s). You are responsible for any use and related liabilities with respect to any Account for which You click “I ACCEPT,” whether or not such use and related liabilities were in any way authorized by You. It is Your responsibility to keep your Account information up to date, and safeguard any access control mechanisms You may have related to an Account such as a password or PIN.
2.2 Payments Related to Services and Content –You may be required to pay fees in relation to any Services or any content therein. YOU ACKNOWLEDGE AND AGREE THAT (a) UNLESS REQUIRED BY RELEVANT LAWS OF THE REPUBLIC OF KOREA, VALOFE HAS NO OBLIGATION TO REFUND ANY PAYMENTS IN WHOLE OR IN PART, AND (b) THAT VALOFE MAY TERMINATE ANY ACCOUNT RELATED TO ANY ATTEMPT TO OBTAIN A REFUND OF ANY PAYMENTS.
2.3 No Cash Value of Virtual Items – Within the Services, you may be allowed to obtain “virtual currency” or “in-game items” from VALOFE (or a third party authorized by VALOFE) for use in connection with the Game (together, “Virtual Items”) or other offerings by VALOFE. You acknowledge that a Virtual Item is digital material with no cash value, that no interest is paid or earned with respect to any Virtual Item, that Virtual Item is not personal property, that the quantity of Virtual Item in Your Account may be increased, decreased, modified or removed by VALOFE in its sole and absolute discretion for any reason or no reason whatsoever, that You have no right to a refund related to a Virtual Item, that there is no right to transfer or exchange any Virtual Item. VALOFE may limit Your license to use any Virtual Item or Services, content or activity, as well as any time period related thereto. In addition, you also acknowledge and further agree that You have no right to obtain any recompense (or compensation) for the foregoing.
3. YOUR RESPONSIBILITIES AND CONDUCT
You agree that You may not and will not,
(a) engage in any activity, including without limitation, with respect to any Account or Character, such as: (i) providing VALOFE any inaccurate information regarding an Account; (ii) selecting an Account or Character ID that would require any license from any third party; (iii) implying any affiliation with VALOFE or impersonating any other person;
(b) access or use the Account or personal information of another person without authorization;
(c) select an Account, Character ID or provide any communication or information within the Services that VALOFE, in its sole and absolute discretion, deems to be vulgar, threatening, defamatory, libelous, obscene, racist, sexist, promoting sexual violence, advocating homosexuality or lesbianism, promoting incest, paedophilia, bestiality and necrophilia, glorifying or inciting ethnic, racial or religious hatred, or otherwise offensive.
(d) misappropriate, violate or infringe VALOFE or any third-party IP right;
(e) be a party to any commercial activity related to the Game, including but not limited to: (i) providing or obtaining any digital material or content, including but not limited to any Virtual Item, any Account, or Character.
(f) use, or provide others with, any “hack,” “cheat,” “helper,” “exploit” or “mod” or any other unauthorized software including any automation software (a.k.a. “bot”) or software designed to change or modify operation of the Game; or provide any service that interacts with the Software.
(g) knowingly affect the Services, the Game, any content or Software via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used;
(h) use any VALOFE IP right except as permitted under these Terms or otherwise permitted in writing by VALOFE;
(i) engage in any activity prohibited under Section 1.4 above;
(j) violate or infringe copyright laws, or in any way circumvent (or attempt to circumvent) any VALOFE technological measure intended to effectively control access to the Services, the Game, its content, Software, or any other VALOFE IP right, circumvent any protection afforded by an VALOFE technological measure to any VALOFE IP right, or engage in any trafficking related to the foregoing;
(k) post or send any information (including software programs and files) prohibited by VALOFE;
(l) modify or change any part of the Services or any information (including software programs and files) posted by VALOFE;
(m) violate any law or governmental regulation related to the Game;
(n) gain unfair profit by deceit or fraud with respect to other users; and
(o) solicit, advertise or assist others in any of the foregoing activities.
4. Service Use Restriction
In the event that the members fall under the following reasons, VALOFE may take proper action and cancel the service contract without prior notice.
(a) In the event that false information is registered when applying for or changing membership
(b) In the event that VALOFE judges or suspects the member's information as being stolen or abnormally used
(c) In case the information is stolen or interrupted by another person
(d) In case of a false representation of an operating personnel, employee or person in VALOFE.
(e) In case of business activities using the service without prior consent from VALOFE.
(f) In case a user exploits bug in a company program or acquires game cash, game items or game money in an abnormal way
(g) In case of using a computer program, device or device not provided or approved by VALOFE to disable technical protection of company services or interfere with the normal operation of the game
(h) In case of harassment, intimidation or continuous pain or discomfort to a particular user
(i) In case it is judged that it is difficult to view it through normal service use
5. TERMINATION OF ACCOUNT AND SERVICE
5.1 Account Suspension and/or Termination for Cause – VALOFE may limit, suspend, modify, prohibit access to, and/or delete for cause (e.g., You breach, violate, or otherwise fail to comply with any of these Terms or VALOFE Policies, or if such noncompliance, or illegal or improper activity is suspected) Your Account, all related content and/or characteristics related to a Character, with or without any notice. Any suspension and/or termination hereunder, as well as the timing thereof, shall be conclusively determined in the sole and absolute discretion of VALOFE. YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE HAD TO NOTICE OF TERMINATION FROM VALOFE. YOU CAN LOSE YOUR ACCOUNT AND CHARACTER AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES. VALOFE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. VALOFE MAY TERMINATE THE LICENSE OF THE USER UNILATERALLY WITHOUT ANY COMPENSATION IF THE USER VIOLATES THE TERMS SPECIFIED IN THIS LICENSE AGREEMENT. YOU AGREE TO DISCARD ALL PARTS OF THE SOFTWARE IMMEDIATELY INCLUDING BY-PRODUCT, AND TO REMOVE THE SOFTWARE.
5.2 Effect – Suspension and/or termination of an Account under this Section also suspends and/or terminates (as applicable) any license granted by VALOFE under these Terms. Termination of any license granted by VALOFE is without prejudice to VALOFE’s other rights or remedies under these Terms, and is without prejudice to the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
5.3 VALOFE reserves the right to stop offering and/or supporting the Game, Services or part of the Services at any time by announcement on our website, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, unless required by relevant laws, VALOFE shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services or Game.
6. Purpose of Use
6.1 This Software is provided free of charge for the sole purpose of using the online game service. If you use the Software in unauthorized ways, it is considered to be a violation of this License Agreement.
6.2 The Software is offered in its present condition. We do not guarantee nor take any responsibility for the content, functionality, validity, accuracy, stability, non-infringement of third party rights, dissatisfaction and loss of the Software.
6.3 Any use of the game and Software is entirely at your own risk. VALOFE does not warrant that the Software will be operable in any conditions.
6.4 VALOFE shall not be responsible in any way for any damage or loss caused by the use of this Software except for cases caused by our intentional act or gross negligence. In addition, VALOFE is not responsible for any consequences of illicit use by third parties.
6.5 When the Software is uninstalled, we are not responsible for the removal of any folders and files created by the Software under its installation path.
7. INTELLECTUAL PROPERTY
7.1 You acknowledge and agree that You have no IP right related to the Game or any Services, the content therein, Software, or any combination of the foregoing or parts thereof except the limited license provided herein.
7.2 You acknowledge, and further agree, that You have no ownership or IP right related to any Account, any communication or information provided by You or anyone else, any information, feedback or communication related to the Game, any Character or characteristics related to a Character, any combination of the foregoing or parts thereof, or any combination of the foregoing with any Services, content, Software, or parts thereof. All rights in and to an Account are and shall be owned by and inure to the benefit of VALOFE.
7.3 To the extent You may claim any such IP right(s), including but not limited with respect to User Content that you upload, submit or transmit through the Service, You hereby grant VALOFE a worldwide, non-exclusive, no-charge, royalty-free, sub-licensable, perpetual and irrevocable license and full authorization to exercise all rights of any kind or nature associated with such IP right(s), and all ancillary and subsidiary rights thereto, in any languages and media now known or not currently known. Your license to VALOFE includes, but is not limited to, all necessary trademark licenses, all copyright licenses needed to reproduce, display, publicly perform, distribute and prepare derivative works of any such IP right, and all patent licenses needed to make, have made or otherwise transfer, use, offer to sell, sell, export and import related to such IP right(s). To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. In addition to the provisions of Section 11 below, you further agree to defend, indemnify and hold harmless VALOFE with respect to any claim, cost, demand, expense and/or liability by or involving third parties that any such license to any such IP right(s) misappropriates, violates or infringes any third party IP right or other proprietary rights.
8. DISCLAIMER OF WARRANTIES
EACH GAME AND THE SERVICES IS/ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, OPERABILITY, QUALITY OF SERVICE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED, THAT THEY ARE FREE FROM DEFECTS OR VIRUSES OR THAT DEFECTS WILL BE CORRECTED. WE DISCLAIM ALL RESPONSIBILITY AND LIABILITY ARISING FROM OR RELATING TO THE AVAILABILITY, OPERABILITY, TIMELINESS, SECURITY, RELIABILITY, QUALITY OF THE GAME AND SERVICE, ANY RELATED SOFTWARE OR APPLICATION, OR OTHER PRODUCTS, SERVICES, INFORMATION OBTAINED THROUGH THE GAME. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR: THE LOSS OR DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER INFORMATION MAINTAINED OR TRANSMITTED THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR ADVICE TRANSMITTED THROUGH THE SERVICES.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL VALOFE, ANY THIRD PARTIES UNDER AGREEMENT WITH VALOFE, ANY SUBSIDIARY OR AFFILIATE OF VALOFE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, LIQUIDATED, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, REVENUE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED OR BASED ON ANY THEORY OF LIABILITY OR CAUSE OF ACTION ARISING IN ANY WAY RELATED TO THESE TERMS OR USE OF THE GAME, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BY ENTERING INTO THIS AGREEMENT TO USE VALOFE SERVICES, CONTENT OR SOFTWARE YOU ACCEPT THE FOREGOING LIMITATION OF LIABILITY / ALLOCATION OF RISK AND AGREE TO RELEASE VALOFE, ANY THIRD PARTIES UNDER AGREEMENT WITH VALOFE, ANY SUBSIDIARY OR AFFILIATE OF VALOFE FROM ANY AND ALL LIABILITIES, OBLIGATIONS, CLAIMS, OR DEMANDS THAT MAY ARISE UNDER, FROM OR IN ANY WAY RELATE TO THESE TERMS, DIRECTLY OR INDIRECTLY, IN EXCESS OF AN ENTIRE AND AGGREGATE MAXIMUM AMOUNT WHOSE TOTAL SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN CONNECTION WITH ONE ACCOUNT IN THE PRECEDING SIX (6) MONTHS. THE FOREGOING SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE FOREGOING ARE ESSENTIAL TERMS AND, IF ANY OF THESE TERMS ARE CONSTRUED AS UNENFORCEABLE, FAIL IN ESSENTIAL PURPOSE, OR BECOME VOID OR DETRIMENTAL TO VALOFE, ANY THIRD PARTIES UNDER AGREEMENT WITH VALOFE, ANY PARENT, SUBSIDIARY OR AFFILIATE OF VALOFE, THEN ANY LICENSE YOU MAY HAVE UNDER THESE TERMS SHALL BE TERMINATED IMMEDIATELY. MOREOVER, YOU ACKNOWLEDGE THE FOREGOING SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF ANY LICENSE, AGREEMENT OR USE RELATED TO THE GAME.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS SHALL LIMIT VALOFE’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED BY LAW.
10. INDEMNIFICATION
You agree to indemnify and hold harmless VALOFE, any third parties under agreement with VALOFE, any subsidiary or affiliate of VALOFE, from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of (a) Your use or misuse of the Services, (b) any violation by You of VALOFE Policies, or (c) any breach of the representations, warranties, and covenants made by You herein, or (d) Your actions to knowingly affect the Services, the Game, content therein or Software via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
11. GOVERNING LAW
This License Agreement shall be governed by the laws of the Republic of Korea. If a dispute arises over this License Agreement between VALOFE and you, both parties may resolve the dispute in the court of competent jurisdiction
12. MODIFICATIONS
It is your responsibility to read, understand and accept these Terms and the VALOFE Policies in effect, every time You use the Services.
WE MAY MODIFY THESE TERMS OF SERVICE AT ANY TIME BY POSTING THE SAME OR BY ANNOUNCEMENT ON OUR WEBSITE . YOUR CONTINUED USE OF THE GAME AND SERVICES FOLLOWING ANY MODIFICATIONS TO THESE TERMS WILL BE DEEMED ACCEPTANCE OF ANY SUCH MODIFICATIONS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE GAME OR SERVICES, OR DOWNLOAD OR USE ANY RELATED SOFTWARE.
13. GENERAL PROVISIONS
The Terms of Agreement and the relationship between you, VALOFE and/or the Service Provider Customer shall be governed by and construed in accordance with the laws of the Republic of Korea and such parties agree to submit to the jurisdiction of such courts.
The Terms of Agreement, together with any separate written or online agreement between you, VALOFE and/or the Service Provider Customer (including but not limited to the Mature Content Agreement if applicable to you) constitute the entire and only agreement, and supersedes any prior agreements between you, VALOFE and/or the Service Provider Customer, (including, but not limited to all prior versions of the User Agreement, General Terms of Use, and Terms of Agreement, where applicable).
The failure of VALOFE or the Service Provider Customer to exercise its rights or insist upon the performance of the user's obligation hereunder shall not constitute a waiver or relinquishment of those or any other rights under these Terms of Agreement.
VALOFE may give you a limited answer or no answer regarding in-game or future information, which is not officially announced, including any upcoming update, or confidential information derived from the nature of the 'game' service. VALOFE does not intervene any conflict between users playing a Game.
You agree that regardless of any statute or law to the contrary, any action, suit or proceeding arising out of or related to the use of the Service or to the Terms of Agreement must be commenced within 1 year after such claim or cause of action arose or be forever barred.
Section titles in the Terms of Agreement are for convenience only and have no legal or contractual effect or significance.
It is the express wish of the parties that the Terms of Agreement and all related documents have been drawn up in English.
Appendix (2017. 7. 14.)
Effective Date: from July 14, 2017
This License Agreement ("Agreement") is made between you (the "Licensee") and BattlEye Innovations e.K. (the "Licensor"). The terms of this Agreement apply to all current and future versions and updates of BattlEye anti-cheat software ("BattlEye").
By installing, enabling or using BattlEye, Licensee agrees with all the terms of this Agreement. Licensor reserves all rights not specifically granted and transferred to Licensee.
Licensee understands, acknowledges and agrees with the following:
- Licensor grants Licensee a non-exclusive and non-transferable license to use BattlEye for non-commercial purposes only. Licensee therefore does not own BattlEye, Licensor remains the owner of BattlEye.
- Licensor provides BattlEye on an "as is" basis without warranty of any kind. Licensor neither guarantees the correct, error-free functioning of BattlEye nor is Licensor responsible for any damage caused by the use of BattlEye.
- Licensee may not decompile, disassemble, reverse-engineer, modify or redistribute BattlEye in any way.
- BattlEye will automatically, without notice to Licensee, download and install updates from time to time.
- BattlEye may scan Licensee's entire random access memory (RAM), and any game-related and system-related files and folders on Licensee's system using cheat-program-identifying algorithms, report results of such algorithms to other connected computers and/or to Licensor and store such information for the sole purpose of preventing and detecting the use of cheat programs. BattlEye only scans and/or reports data which absolutely needs to be scanned and/or reported to meet this purpose.
- BattlEye may further report and store Licensee's Internet Protocol address, game account name and identifier, in-game nickname, and system-related and hardware-related information including, but not limited to, device identifiers and hardware serial numbers.
- Licensor values Licensee's privacy and does its utmost to protect it at all times. BattlEye does not report any personally identifiable information or personal data except for any information/data specifically mentioned herein.
- Licensor stores all information collected by BattlEye on servers located in Europe and/or the US. Licensor may share the information with its partners and/or affiliates.
- Licensee acknowledges that the invasive nature of BattlEye is necessary to meet its purpose and goal of preventing and detecting cheat programs.
- Licensor is allowed to terminate the license at any time for any reason and without notice to Licensee.
This License Agreement constitutes the entire agreement between Licensor and Licensee and supersedes any prior statements.