Hunter’s Arena: Legends (the “Game”) is a game developed by Mantisco, Co., Ltd. (the “Company”). The Company provides this website (http://hunters.imantisco.com) and the services related to the Game (collectively, the “Services”). The User is a person who agrees to the Terms of Service and uses the Services. The Game is X-rated and only provided to adults. By agreeing to the Terms of Service, the User indicates that he or she is an adult and has legal capacity to enter into these Terms of Service.
1. Specification and Amendment of the Terms of Service
- The Terms of Service may be found on the Company’s website at any time.
- The Company may change the Terms of Service to the extent necessary unless it violates applicable laws and regulations. In the event that the Company changes the Terms of Service, the changes shall be posted, along with the effective date and the details of the amendment, on the Company’s website at least seven (7) days prior to the effective date. Any changes that may be material or disadvantageous to the User shall be posted at least thirty (30) days prior to the effective date.
- Any User that does not express his or her rejection of the amended Terms of Services after the effective date hereof shall constitute the User’s agreement to the amended Terms of Service. The User is responsible for checking the Company’s website regularly to make note of any changes.
2. Rules Other Than the Terms of Service
- The Company may delegate specific matters that are not covered by the Terms of Service to the Code of Conduct for purposes of protecting the rights and interests of the Users and maintaining order in the Game.
- The Code of Conduct constitutes a part of the Terms of Service, and the User is deemed to have agreed to the Code of Conduct by agreeing to the Terms of Service.
- The Code of Conduct may be found on the Company’s website at any time.
- Any change to the Terms of Service that causes material change in the User’s rights or obligations or any amendment to the Code of Conduct that has the same effect as the change to the Terms of Service shall be made pursuant to Article 1, paragraph 2.
3. Prohibited Acts
The Company provides the Services to the Users only for personal, non-commercial, and entertainment purposes. The User agrees that he or she will not commit the following acts. Committing any of the following acts may lead to temporary or permanent suspension of the Services depending on the severity of the act in accordance with the Terms of Service and the Code of Conduct.
- Selling, renting, leasing or transferring, establishing security rights upon, making copies of the Game or any account related thereto, and transferring any portion thereof to any third party;
- Making copies of the Game or any part thereof, reproducing, translating, reverse-engineering, decompiling or deriving source code, disassembling, or creating derivative works based on the Game;
- Modifying or doing an act that leads to modifying any files included in the Game;
- Using or enabling any third party to use the Game or any of its parts commercially, including but not limited to selling the in-game items outside of the Game, unless otherwise approved by the Company or made through the Services provided by the Company;
- Producing, distributing, using, or advertising any programs that intercept communication between the Game and the game server and any unauthorized third party programs or hardware devices that may affect the Game or normal game play, including but not limited to, programs, hacks, cheats, bots, scripts, trainers, automatic programs, automatic mouse, mouse with macro functions that collect or modify game data by reading the game memory;
- Stealing information from others (including but not limited to personal, non-personal, and payment information);
- Impersonating any officers or employees, operators, or any other interested parties of the Company;
- Harming the reputation or obstructing businesses of the Company or any third party;
- Posting or making public on the Company’s website any sexually explicit or violent statement, video, sound or information that is against the public order and good morals;
- Making undue profit by exploiting other Users in any way;
- Using the Services in a manner related to gambling or that is unwholesome;
- Exploiting the bugs in the program; or
- Committing any act that violates any other applicable laws or is against public morals or social norms
4. Accessing and Restricting Access to the Game, etc.
- As a general principle, the Game is accessible for 24 hours a day throughout the year.
- Notwithstanding the foregoing paragraph 1, the Company may restrict or suspend access to all or a part of the Services without prior notice for a certain period of time under any of the following circumstances. However, if the Services are to be ceased in accordance with foreseeable technical or operational needs, the Company may cease the Services after posting a 30 days’ prior notice on its website. Provided, however; under unavoidable circumstances, the Company may cease the Services without prior notice.
② In responding to unforeseen instability of the Services due to hacking incidents, network failures, service equipment failures, or irregular uses of the Game by the User;
③ In the event where the access to the Game is restricted pursuant to applicable laws and regulations, policies of the government or the Company;
④ In the event where the access to the game is obstructed due to an event of force majeure, including but not limited to the acts of God, states of emergencies, power failures, etc.; or
⑤ Under material management needs of the Company, including but not limited to split-off, merger, transfer of business, termination of business, profit decrease of the Game, etc.
- The Company shall not be liable for the damages that may arise as a result of restriction, discontinuance, or suspension of the Services in accordance with paragraph 2 hereof unless there is any intentional act or gross negligence on the part of the Company
- All titles and authorities, rights, related trademarks, logos and domains, trade dresses, and contents related to the Game (including but not limited to computer codes, titles, characters, names of characters, locations, names of locations, stories, storylines, artwork, graphics, designs of structures or scenes, animations, sounds, music, audio-visual effects) shall be owned by the Company. The Company shall have the exclusive rights to create any derivative works of the Game. The User agrees that he or she will not create any derivative works based on the Game unless otherwise explicitly permitted by the Company. Any further matters in relation to the contents produced based on the Game shall be covered by the User-Created Content Rules posted on the Company’s website.
- The Company shall not authorize any party to use any trademarks, logos, domains, trade dresses, or contents without its permission. Any violation thereof may result in severe civil or criminal penalties.
- The Company has ownership, licensing rights and all other rights to all contents related to the Game. The User has the right to use the virtual items, goods, currency, game money, or any similar contents that appear or are generated in the Game in accordance with the Terms of Service. However, the User shall not have ownership or own copyrights or any other rights thereto. Any transfer or sale, gift, or trade of the in-game virtual property outside of the Game shall not be acknowledged unless otherwise approved by the Company in writing. Therefore, the User may not sell or trade the in-game items, goods, or currency in exchange for actual currency without the Company’s approval, and any violations thereof may be subject to penalties in accordance with the Terms of Service and the Code of Conduct.
The User agrees to defend, protect, indemnify, and hold harmless the Company from any claims, lawsuits, damages, losses, liabilities, and expenses (including reasonable attorney’s fees to the extent permitted by applicable laws) arising out of any misuse of the Services or violation of the Terms of Service by the User. The Company may, at its reasonable discretion, reserve the right to exclusively defend and control over all matters subject to indemnification by the Users, in which case, the User shall cooperate with the Company’s effort to secure its defense.
- The Company shall be exempted from any and all liability for any suspension of the Service, the interruption of use, termination of contract due to the causes attributable to the User.
- The Company shall be exempted from any and all liability incurred to the User due to discontinuance or failure of normal operation of telecommunication services by the telecommunications service providers unless there is any intentional act or gross negligence on the part of the Company.
- The Company shall be exempted from any and all liability incurred from discontinuance or failure of the Services due to unavoidable reasons such as maintenance, replacement, periodic inspection, construction, etc. of the service equipment as posted unless there is any intentional act or gross negligence on the part of the Company.
- The Company shall be exempted from any and all liability incurred from overall problems that arise due to the User’s computer or network environment unless there is any intentional act or gross negligence on the part of the Company.
- The Company shall be exempted from any and all liability for the contents, such as reliability and accuracy of the information, data, and/or facts posted or transmitted by the User or a third party on or from the Company’s website unless there is any intentional act or gross negligence on the part of the Company.
- The Company is not obliged to become involved or be liable in any way for the disputes that arise between the Users or between the User and a third party in relation to the Services.
- The Company shall not be liable for any and all Services that have been provided free of charge unless there is any intentional act or gross negligence on the part of the Company.
- A portion of the Services may be provided by other service providers, and the Company shall be exempted from any and all liability for the damages caused by other service providers unless there is any intentional act or gross negligence on the part of the Company.
- The Company shall not be liable in any way for the User’s failure to receive expected results such as in-game characters or items, and the Company shall be exempted from any and all liability for the losses incurred due to selection of certain services unless there is any intentional act or gross negligence on the part of the Company.
- The Company shall be exempted from any and all liability for the losses of in-game cyber assets, items, game money of the User unless there is any intentional act or gross negligence on the part of the Company.
- The Company may limit the hours of use of the Services depending on the Users pursuant to relevant laws, government policies, etc., and shall be exempted from any and all liability for overall matters related to such restrictions thereof.
7. Disclaimer of Warranties
The Game is provided on an “AS IS” and “AS AVAILABLE” basis without any express or implied warranties or representations. Unless there is any intentional act or gross negligence on the part of the Company, the Company hereby disclaims all express and implied warranties of any kind that may apply to the Game, including but not limited to the implied warranties of title, non-infringement, merchantability, fitness for particular purpose, the warranties that may arise during the course of transactions, implementation or use of transactions, the warranties for accuracy, reliability or quality of the contents and information included in the Game. The Company does not represent, warrant or guarantee that the Game will be provided uninterrupted, error-free, virus-free, free from other harmful factors, or that defects will be corrected. Notwithstanding the foregoing, the Company will make every effort to resolve any issues related to the above. The User shall select the Game in order to obtain the intended result and be liable for all matters from installation, use and results thereof unless there is intentional act or gross negligence on the part of the Company.
Some states or jurisdictions do not allow the disclaimer of implied warranties; therefore, all or part of the disclaimers may not be applicable to the User.
8. Limitation of Liability
In no event shall the Company be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including but not limited to the loss of business, loss of data, loss of goodwill, loss of profits) and damage (including but not limited to the interruption of work operation, hardware breakdown or malfunction, other commercial damage or loss) arising out of the User’s misuse unless there is intentional act or gross negligence on the part of the Company, and this is also true whether or not the Company already knew or had to know about the possibility of such damages. The Company shall not be liable for any interruption of service, including but not limited to ISP failure, software or hardware failure, or any other circumstances that may result in data loss or interruption of Services unless there is any intentional act or gross negligence on the part of the Company.
9. Agreement Term and Termination
The Terms of Service continue to be effective unless and until terminated. The Company and the User may terminate the Terms of Service at any time. The termination by the Company shall come into effect immediately upon the termination or deletion of the User’s account, which can occur at any time at the sole discretion of the Company. The User may terminate the Terms of Service by discontinuing the use of the Game and shall stop using and delete the Game immediately after the termination of the Terms of Service. The Game will not be refunded even if the User terminates the Terms of Service.
10. Transfer of the Terms of Service
The Company may transfer all or part of the Terms of Service to any third party at any time. The User shall not transfer the Terms of Service without the Company’s prior written consent, and any unauthorized transfer by the User shall be invalid.
11. Force Majeure
The Company shall not be liable for any damages incurred from any and all delays or non-performances due to events beyond the reasonable control of the Company (including but not limited to acts of God, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, labor disputes, shortage of transportation facilities, fuel, energy, labor or materials).
12. Grievance Handling and Dispute Resolution
- The Company should inform on the Company’s website about the means of presenting the opinions or complaints of the Users, considering their convenience.
- If a dispute arises between the Company and the User and a third party dispute resolution authority becomes involved, the Company shall faithfully demonstrate the measures taken on the User, including restrictions of use, and may comply with the resolution of the authority.
13. Governing Law
These Terms of Service shall be interpreted and governed by the laws of the Republic of Korea. All lawsuits related to the Terms of Service shall be subject to the jurisdiction of the competent courts pursuant to relevant laws such as the Code of Civil Procedure. Other laws may apply if the User uses the Game outside of the territory of the Republic of Korea. In such event, the applicable local laws shall only affect these Terms of Service to the extent required by the applicable jurisdiction, and these Terms of Service shall be construed as to make their terms and conditions as effective as possible. In the event that applicable local laws apply, the User shall comply with all local laws to the extent that they apply.
These Terms of Service shall take effect as of July, 15 2020.