Shadow Arena Terms of Service
Article 1 (Purpose)
The Terms of Service governs the relationship between the Tester and Pearl Abyss Corp. (hereinafter referred to as “Pearl Abyss”, “Company”, “we” “us” or “our”) and set out your rights, obligations, responsibilities, and other necessary matters pertaining to the SHADOW ARENA Beta (hereinafter referred to as “Beta”) game service provided by Pearl Abyss.
Article 2 (Definitions)
① The definitions of terms used in this Terms of Service are as follows.
1. “Beta” means a game test conducted with a limited number of individuals for a scheduled period set by the Company to test the game’s stability, etc. prior to the official service.
2. “Use Agreement” means a contract between the Company and User about the participation of the Beta provided by the Company.
3. “Tester” means a user who applied to participate and granted the right to participate in the Beta provided by the Company.
4. “Email Address” means a combination of characters, numbers, or special characters selected by the Tester and approved by the Company to identify Testers for participation in the Beta.
② The definition of the terms used in this Terms of Service shall be stipulated based on the relevant laws and regulations, the terms and conditions of each service, or the Operational Policy, except as provided in Article 1 above. Other than that, common practices will govern.
Article 3 (Provided Company Information)
1. Company Name and Representation
2. Game Title and Infringement Report Number
3. Company Office Address (Includes address where user complaints are handled)
4. Phone Number, Fax Number and Email Address
5. Age Rating, Classification, and Production Date
6. Corporate Registration Number and Telecommunication Business Report Number
8. Terms of Service
9 Other cases deemed necessary by the Company
Article 4 (Terms and Amendments)
① The Company publishes the Terms of Service on the SHADOW ARENA website, operated by us, and the initial page of the Game Service. Testers shall be subject to the Terms of Service from the moment they agree to these terms and during the Beta period set by the Company. In the event of an amendment to the Terms of Service, the amended terms will be effective from the moment the amendments are applied.
② The Company may amend this Terms of Service to the extent that it does not violate the relevant laws and regulations. In the event of the amendment of the Terms of Service, the Company shall announce the effective date, the details of the amendment, the reason for the amendment. etc. at least seven (7) days prior to the effective date on the initial page or as a linked page on the initial page until an appropriate period of time has elapsed. However, Testers will be notified or emailed the amended term, the effective date, and the reason for the amendment at least thirty (30) days prior to the effective date for amendments which may be important or adverse to Testers.
③ If the Company amends the Terms of Service, the Company shall confirm if Testers agree to the amended terms after providing notification. If the Tester does not agree or disagree to the amended terms by the effective date of the Terms of Service, the Tester will be deemed to have agreed to the amendment, If the Tester disagrees to the amended terms, the Company or the Tester may terminate the use agreement.
Article 5 (Ruling Policies)
① The Company may have a separate Beta Operational Policy in order to conduct the Beta . If the contents of this Terms of Service differs from the content of the Beta Operational Policy, then the Beta Operational Policy shall prevail.
② Matters not expressly stated in this Terms of Service shall be governed by the relevant laws and regulations, such as the 「Personal Information Protection Act」.
Article 6 (How to Register for Beta)
① Anyone who wishes to participate in the Beta provided by the Company must agree to the Terms of Service, and shall register for the Beta according to the steps provided on the initial page of the Game Service or the website.
② Testers shall provide all information required by the company at the time of Beta registration.
③ Testers must state his or her legal name and true information at the time of Beta registration for use described in Article 6.1. In the event that the personal information is false or stolen from another person, the Tester cannot assert his or her rights as a rightful Tester under the Terms of Service, and the Company may cancel or terminate the Beta application.
Article 7 (Approval and Restriction for Beta Registration)
① Testers shall register for the Beta with the necessary information stipulated in Article 6. Unless there is a reasonable ground not to, the Company shall approve Tester’s registration.
② The Company may not approve and/or cancel Beta registration that falls under any of the following subparagraphs:
1. Beta registration that violates Article 6
2. Beta registration for the purpose of misconduct prohibited by 「Personal Information Protection Act」 and other related laws
3. Beta registration for fraudulent purpose
4. Beta registration that is difficult to approve due to reasons in each subparagraph other than the above
5. Violation of Article 9 (Obligation of Testers)
③ The Company may withhold its approval in the event of the following subparagraphs until it is resolved:
1. The Company is not capable of approving the registration due to technical reasons
2. Failure in the game service
3. Beta registration that is difficult to approve due to reasons in each subparagraph other than the above
Article 8 (Obligations of the Company)
① The Company shall abide by the relevant laws and regulations and use best efforts to perform its obligations set forth in the Terms of Service.
② Beta is a service provided to test the game stability, etc. prior to the official service. If a problem occurs during the Beta , the Company shall use best efforts to repair and/or restore the provided service without delay unless there are unavoidable reasons. However, Testers will be notified in an appropriate manner if this process is delayed or difficult.
Article 9 (Obligation of Testers)
① Testers shall not engage in any activities that are intended to do or have effects of the following (Details for each of the following are in the Operational Policy):
1. Providing false information during Beta registration
2. Steal someone's information; impersonate employees, operators, or other related persons of the Company
3. Use the service in a manner not approved by the Company, such as tampering with the game program provided by the Company, spoofing the login IP, etc.
4. Make, distribute, use and/or advertise programs, devices or gadgets not provided or approved by the Company
5. Disclose or post information that is contrary to public order, such as obscene or violent speech, writing, video or sound
6. Damage the reputation or disrupt the business of the Company or any other third party
7. Acquire game data (Characters, game items, etc.) in a wrongful way and dispose of them in exchange for monetary value via transfer, sale, etc.
8. Use Game Services for the purpose of profit-making, sales, advertising, political activities, etc. without the consent of the Company
9. Obtaining items from other Testers by way of deceit or gambling
10. Exploiting an error or bug of the service
11. Taking unfair advantages by exploiting any kind of process provided by the Company
12. Copy, distribute, or commercially use information obtained through Company's services for a purpose other than the use of the services without prior consent of the Company
13. Disrupt the operation of the Company services by intentional or gross negligence
14. Other acts that are prohibited by relevant laws and regulations or by good-natured and general social norms
② Testers are responsible for reviewing information that is provided by the Company, including but not limited to the Terms of Service, the Operational Policy, notices on the website, and the Company's other notices
③ Testers shall be subject to the restrictions set forth by the Operating Policy, etc. including the following.
1. Restrictions on Tester's nickname, etc.
2. Restrictions on the contents and methods of conversations, etc.
3. Restrictions on how to play the game
4. Matters that the Company considers necessary in operating the Game Service within the scope of not infringing the essential rights of the Testers
④ Testers are responsible for managing their personal information. The Company shall not be liable for problems caused by the Tester’s negligence, such as the exposure of their personal information or mishap in areas not managed by the Company, despite the best efforts of the Company to protect personal information. However, Testers may not use third-party accounts or make their own personal information available to third parties.
⑤ Testers shall review all policies and regulations on a regular basis, such as matters stipulated in the Terms of Service, notices on the website or in-game, and the Operational Policy set forth by the Company.
Article 10 (Use of Beta )
① The Company will conduct the Beta for the announced testing period. At this time, the Beta may be divided into specific scopes or usage periods. In this case, Testers will be notified of these details in an appropriate manner.
② The Company may perform maintenance in order to conduct the Beta. Maintenance times will be announced on the website and/or in-game. However, the Company may adjust the Beta period and time in order to resolve a game error or conduct a stable test. The Company may periodically perform server maintenance without prior notice, in this event, notification will be ex post facto on the website.
③ The Company may temporarily suspend and/or restrict all or part of the Beta due to the following case. In addition, the Company can completely suspend the Beta for reasons that it considers appropriate, such as a new service.
1. Maintenance or replacement of equipment; service maintenance or other necessary service operation
2. Responding to unexpected service instability such as an electronic intrusion like hacking, network accidents, disruption of service facilities, or abnormal game use activity by a Tester
3. Provision of services is prohibited in accordance with relevant laws, regulations, administrative orders issued by the government, or company policies, such as restrictions to certain times or number of times.
4. Normal services cannot be provided due to force majeure such as natural disasters and emergency situations
5. As necessary in the management of the Company, such as the divestiture or merger of the Company, transfer of business, dissolution of business, lower profit of the service for the year, etc.
④ The Company may request Testers to install computer programs provided by the Company for the purpose of the Beta. Before the Tester installs the program, the Company must notify the Tester in an appropriate manner of important information regarding the program, such as capacity, function, removal methods and impact on other programs depending on the nature of the program, and obtain consent to the installation of the program. However, if a Tester sets the browser option to install the ActiveX program automatically, the Company will consider the Tester as having agreed to install the ActiveX program and can install the program without further confirmation.
⑤ The Company will delete all Beta related data generated by Testers during the Beta after the Beta period is over. The deleted data cannot be restored.
However, Beta game data may be retained and stored for a fixed period of time in the cases below.
- 1. Certain game data (rank data, etc) may be retained for use in future Betas.
- 2. Game data necessary for the opening of the official service will be kept/stored, and this data will be deleted 3 months after the opening of the official service.
Article 11 (Modification of Beta Content)
① The Company has the comprehensive right to create, change, remove, and repair (patch) the game contents as needed to conduct the Beta.
② The Company shall announce modifications (create, change, remove) to the service’s content on the website and/or in-game.
③ The Company may modify (create, change, remove, repair) game contents without prior notification due to operational or technical needs. In this event, the Company will announce the modifications ex post facto on the website and/or in-game.
Article 12 (Limitation on Beta Use)
① The Company may suspend or limit Beta use and/or remove the Tester’s Beta rights in the event the Tester violates the Terms of Service or Operational Policy. In the event the Company is harmed by the actions of the Tester, the Company may impose civil and criminal legal measures.
② The Company may limit Tester’s Beta use in the following circumstances, which shall be determined pursuant to the Operating Policy:
1. Limit the rights of the Characters (e.g., unable to chat for only a certain period of time)
2. Restrict Testers from using their Character temporarily or permanently
3. Restrict Tester’s access (e.g., disqualify Tester and permanently restrict access to Beta)
Article 13 (Ownership of Copyrights)
① Copyright of contents within the Game Service created by the Company and other intellectual property rights are owned by the Company. Testers have the right to use contents, etc. that are in relation to the Game Service in accordance with the terms and conditions set by the Company. Testers may not dispose of such rights by transferring or selling them, or providing them as collateral.
② Testers shall not use information and/or intellectual property obtained by using the Game Service without the prior consent of the Company or Provider, especially intellectual property rights owned by the Company or Provider, for commercial purposes or allow third parties to use such information and/or intellectual property by means of copying, transmitting, publishing, distributing, broadcasting or otherwise.
③ Testers shall allow the Company to use in-game or game-related communications including text messages, images, sounds, and all materials and information ("User Contents") the Tester or a different Tester uploads or transmits through a game client or Game Service in the following manner and conditions:
1. The Company shall have the right to use user content in any form, such as publication, reproduction, performance, transmission, distribution, broadcasting, creation of secondary works, etc. with no restrictions on the length of time and scope.
2. The Company does not sell, rent, or transfer user contents for the purpose of trading without the Testers's prior consent.
④ If the Company wishes to use a Tester's postings in any way other than Article 13, the Company shall obtain prior consent from the Tester via telephone, fax, email, and etc.
Article 14 (Damages)
① If the Company causes harm to Testers intentionally or through gross negligence, the Company shall be liable for their damages.
② If the Tester causes harm to the Company by violating the Terms of Service, the Tester shall pay the damages to the Company.
③ In the event the Company receives any kind of formal objection, including damages or lawsuits, from a third party other than the Tester, as a result of illegal activities or violation of the Terms of Service, the Company shall be exempt for the Tester’s damages and expenses. If the Company is not exempt, the Tester shall pay for any damages and expenses incurred by the Company.
Article 15 (Limitations of Company Liability)
① The Company is not liable for the inability to provide services due to force majeure, such as wartime, a quasi-state of war, natural disasters, national emergencies, unsolved technical problems, or changes to government policies.
② The Company is not liable for a Tester’s loss when a telecommunication carrier suspends or fails to provide telecommunications services, unless the Company intentionally or through gross negligence causes such loss.
③ The Company is not liable for a Tester’s loss when services are disrupted or suspended for reasons such as maintenance, replacement, regular inspection, construction, etc. unless the Company intentionally or through gross negligence causes such loss.
④ The Company shall not be liable for any disruption, suspension, or termination etc. of the service due to the Tester’s negligence. However, in the event of the Tester’s negligence being unavoidable or legitimate, this will not be applicable.
⑤ The Company shall not be liable for any problems arising from the computer/device environment of a Tester or any problems caused by the network environment that involves no intent or gross negligence of the Company.
⑥ The Company shall not be liable for any loss or damage caused by a Tester’s false entry and/or negligent management of personal information.
⑦ The Company shall not be liable for the loss of a Tester's game data (or inability to receive expected results), such as characters, level EXP, items, etc. unless there is intent or gross negligence of the Company.
⑧ The Company shall not be liable for the loss of a Tester's cyber assets (game money) and game data (level) unless there is intent or gross negligence of the Company.
⑨ The Company shall not be liable for the accuracy or reliability of information, data, facts posted/transmitted by a Tester or a third party on websites or within the services, unless there is intent or gross negligence of the Company.
⑩ The Company has no obligation to intervene and is not responsible for any damages arising in the event of a dispute among Testers and/or third parties arising from the service or a dispute among Tester and/or third parties arising from a violation of related laws on infringement of third party rights (e.g. copyright).
⑪ The Company may limit the hours of the services pursuant to the related laws, government policies, etc., and the Company is not liable for any matters related to these limitations.
Article 16 (Governing Law and Jurisdiction)
The Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Korea. In case of a dispute arising between the Company and the Tester, the court in accordance with the applicable law shall be the competent court.
This Agreement will be effective as of February 11th, 2020.