Global Account & Website Terms of Service

Effective Date: 2nd of December 2020

 

KRAFTON, Inc. (“KRAFTON”, “we”, or “us”) services through its official website (https://www.pubg.com), and other game related services (Collectively, “Service(s)”). This Terms of Service govern the relationship between you and KRAFTON regarding the use of the Services and “User(“you”, “user” or “player”)” means the person who agrees to these Terms of Service (the “Terms”). By using the Services, you accept and agree to be bound and abide by these Terms of Service and If you do not want to agree to these terms and conditions, you must not use the Service. If your age is below 16 and choose to use the Service, we may ask consent from your holder of your parental responsibility.

 

  1. Your Account

1) Account Registration

You need to register a PUBG global account (an “Account”) in order to use the Service. If you link your global account with any of the third party providers such as Google, Facebook, you are obligated to comply with their terms of service along with our Terms of Service. By default, KRAFTON shall in principle will allow Account registration under the condition that you have no record of restriction using our Service. If it is your first time registering our Account, you may be asked to indicate your age and must meet the legislative requirement where you reside. If you are a minor child, KRAFTON may prohibit account creation or ask you to provide consent from your parents or legal guardian. It is not allowed to create or use an Account on behalf of a legal entity or for a commercial purpose.

 

2) Account Termination

You are entitled to terminate your Account at any time through KRAFTON’s website, and once your account becomes terminated, your account information and Account history will be immediately removed. KRAFTON may terminate your Account in its sole discretion without any prior notice including but not limited to (a) your account becomes inactive or not being used for one year; (b) you violate the terms provided in this agreement; (c) we suspect unlawful activity from your account. We have no obligation to reimburse any of the Virtual currency or virtual goods lost due to such termination and you also acknowledge that KRAFTON is not liable to provide a refund for any reason. Your unused Virtual Currency and Virtual Goods in your account will be removed without any compensation regardless that the termination was voluntary or involuntary. In the event that KRAFTON cease to provide the Service, KRAFTON shall provide you with no less than one month prior notice from the date the Account becomes terminated. You are fully responsible for any problem that may occur due to inaccurate information provided when registering an Account and You also acknowledge that KRAFTON reserves the right to terminate your Account if the information that you have provided is inaccurate or not up to date.

 

3) Account Security

You are responsible to secure your Account and login information. KRAFTON will not be liable for any issue that is related to your Account and login information under the condition that there are no intentional actions or gross negligence from KRAFTON. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login Information, you must immediately notify KRAFTON.

 

4) Privacy

The retention and use of your personal information will be controlled and governed by KRAFTON’s Privacy Policy.

 

  1. Updating Services and Terms

1) Terms of Service can be found at any time from KRAFTON’s website.

2) KRAFTON may change these Terms and Conditions at any time if necessary to the extent that is consistent to applicable laws and regulations.

3) You are responsible to check this page regularly to make note of any changes. Your continued use of the Services means that you accept and agree to the changes of Terms of Service.

 

  1. Prohibited Uses

KRAFTON provides Service to users only for personal, non-commercial and entertainment purposes. You agree not to violate terms and conditions set in this Term of Service. Violation of any criteria in this agreement may lead to temporary or permanent suspension of the Service in accordance with the terms and conditions. You agree to only use the Service, or any part of it, in a manner that is consistent with this License and you SHALL NOT:

(a) without written permission from KRAFTON, use, advertise or exploit in any manner the Service or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;

(b) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Service, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of KRAFTON and/or its licensors on creation, in any event);

(c) remove, disable or circumvent any security protections or any technical measures that control access to the Service;

(d) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Service;

(e) create data or executable programs that mimic data or functionality in the Service;

(f) steal and/or publish information from others (including but not limited to personal information, non-personal information and payment information);

(g) impersonate KRAFTON or our staff;

(h) harm reputation of KRAFTON, our affiliates, our service providers and licensors;

(i) post, link to, advertise, promote, or transmit anything that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, hateful, or racially or ethnically offensive;

(j) take advantage by exploiting others in any way;

(k) use the Service as a manner that is related to gambling or any action that negatively impacts the delivery of the Service;

(l) exploit errors and bugs found while playing the game;

(m) access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use (in Company’s sole judgment);

(n) disrespect or use offensive words towards others based on their race, gender, nationality;

(o) create offensive Account name or those that may provoke negative imagery;

Any action which is not defined in this Terms of Service that negatively impacts the delivery of KRAFTON’s Service or negatively affects other users may be subject to warning and penalty through careful review of the circumstances.

 

  1. Accessing the Service

1) As a general rule, the service is accessible for 24 hours a day throughout the whole year.

2) Notwithstanding the provision of paragraph 1, KRAFTON will not be liable For any delay or failure to perform resulting from any cause outside the reasonable control of KRAFTON, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cyber crimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials

3) We may amend the Service or restrict access (including cancellation, termination, modification or suspension of a user’s license) from all or specific users without notice and liability. Additionally, the Service may be unavailable depending on geographic location.

 

  1. Ownership

You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Service and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game, and any related documentation) are owned by KRAFTON or its licensors.

 

  1. Player Created Content

Any and all User Content submitted to KRAFTON shall be deemed, and shall remain, the property of KRAFTON from the moment such Player Content is created. KRAFTON shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all User Content of every kind and nature, in perpetuity throughout the world. To the extent that any of the above may be void or unenforceable, you agree that any and all User Content is hereby irrevocably assigned to KRAFTON, together with all intellectual property rights therein. To the extent any of the User Content is not assignable, by submitting User Content to KRAFTON, you agree that KRAFTON shall be irrevocably entitled, directly or indirectly throughout the world and in perpetuity, to modify, adapt, use, reproduce, license, publish, broadcast, perform, sell, translate, create derivative works from and distribute any User Content for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider or author of the User Content. You also give up any claim that any use by KRAFTON of any User Content violates any of your rights, including but not limited to moral rights, rights of privacy, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.

KRAFTON has ownership rights and intellectual property rights connected with the Service.

  • All player-created content must acknowledge and display the appropriate copyright and trademarks. Using other intellectual properties without the proper license or permission is not acceptable.
  • All player-created content must acknowledge and display the appropriate copyright and trademarks. Using other intellectual properties without the proper license or permission is not acceptable.
  • All player-created content must not contain (or link to) other sources and/or advertisements containing any hacks, exploits, gold farming, illegal activities, content that would conflict with PLAYERUNKNOWN’S BATTLEGROUNDS’s global rating, if applicable, or any other inappropriate content, as determined by KRAFTON.
  • KRAFTON does not endorse or give license to any player-created content. KRAFTON also reserves the right to monitor and revoke any and all use of KRAFTON’s intellectual property at any time and for any or no reason, at its sole discretion.

By making player-created content based on or inspired by PLAYERUNKNOWN’S BATTLEGROUNDS, you agree to PLAYERUNKNOWN’S BATTLEGROUNDS’s EULA, Terms of Service, Privacy Policy of KRAFTON, and the conditions listed above. Furthermore, you agree to indemnify KRAFTON from any legal claims or fees that arise in relation to your player-created content. The Game is protected by the copyright laws of the Republic of Korea, international copyright treaties and conventions, Korean and common law trademark laws, and other laws. All rights are reserved worldwide. The Game contains certain materials licensed by KRAFTON from others, and KRAFTON and KRAFTON’s licensors may protect their rights in the event of any violation of this Agreement.

 

  1. Limitation of Liability & Indemnifications

By using the Service, you agree to defend, protect, indemnify and hold harmless to KRAFTON from any claims, lawsuits, damages, losses, liabilities and expenses (including attorneys’ fees) arising out of or in conjunction to your use, misuse of the Service and violation of KRAFTON’s policy. KRAFTON reserve the right to assume exclusive defense and control over all matters subject to indemnification by users.

1) KRAFTON shall be exempted from any liability for any interruption of the service, the use of the service, or termination of the contract due to user’s fault.

2) KRAFTON shall be exempted from any liability if the telecommunications providers cease or fail to provide the telecommunication service. So users shall be liable for any damages incurred during failure of telecommunication service unless there are intentional or gross negligence from KRAFTON.

3) KRAFTON shall be exempted from liability of any unavoidable reasons that caused Service failure, such as maintenance, replacement, regular inspection, construction, etc. unless there are intentional or material negligence of KRAFTON.

4) KRAFTON is exempted from liability for any problems caused by the user’s computer or problems related to the network environment without any intention or serious negligence of KRAFTON.

5) KRAFTON shall be exempted from liability for the contents of the information, data, facts, reliability, accuracy, etc. posted or transmitted by the user or a third party in the service or on the website of KRAFTON, unless there are intentional or gross negligence of KRAFTON.

6) You are solely responsible for your interactions with other users and/or third parties when using the Service. We may, at our sole discretion, attempt to mediate disputes between users, but we are not obliged to become involved or become liable in any way with such disputes.

7) In the case of Service provided free of charge by KRAFTON, KRAFTON shall not be liable for damages unless there are intentional or material negligence of KRAFTON.

8) Some of the services may be provided by other service providers, and KRAFTON is exempted from liability of the damages caused by other services providers, unless there are intentional or material negligence of KRAFTON.

9) KRAFTON shall be exempted from liability for loss of in-game assets, items, BP, crates from the user, unless there are intentional or gross negligence of KRAFTON.

10) KRAFTON may limit the use of the service from users in accordance with the relevant laws, government policies, and will be exempted from any liability for the use of the service caused by such limitations.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KRAFTON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF DATA, LOSS OF BUSINESS RIGHTS, LOSS OF PROFITS) AND DAMAGE (INCLUDING BUT NOT LIMITED TO INTERRUPTION OF WORK OPERATION, HARDWARE MALFUNCTION, OR OTHER COMMERCIAL DAMAGE OR LOSS ARISING OUT OF YOUR USE OR MISMUSE OF THE SERVICE. THIS IS ALSO TRUE WHETHER OR NOT KRAFTON ALREADY KNEW OR HAD TO KNOW ABOUT THE POSSBILITY OF THE DAMAGES.

COMPANY SHALL NOT BE LIABLE FOR ANY INTERRUPTION OF SERVICE, INCLUDING, BUT NOT LIMITED TO, ISP FAILURE, SOFTWARE OR HARDWARE FAILURE, OR ANY OTHER SITUATION THAT MAY RESULT IN DATA LOSS OR SERVICE INTERRUPTION. IN NO EVENT KRAFTON BE LIABLE FOR ANY DAMAGES BEYOND THE AMOUNT PAID FOR THE PURCHASE OF THE GAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN SUCH COUNTRIES OR JURISDICTIONS.

 

  1. Disclaimer of Warranties

THE GAME AND SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KRAFTON HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.

Without limiting any of the foregoing, KRAFTON does not ensure continuous, error-free, secure or virus-free operation of KRAFTON’s Services or Your Account. Some states or countries do not allow the disclaimer of implied warranties, and the foregoing disclaimer may not be applicable to You. This warranty gives You specific legal rights, and You may also have other legal rights that vary from state to state or from country to country.

 

  1. Period and Termination

These Terms are effective unless and until terminated by either you or by KRAFTON. KRAFTON and the user may terminate these terms at any time without prior notice. Termination by KRAFTON will come into an effect immediately upon the termination or deletion of your account, which can occur at any time in KRAFTON’s sole discretion. You may terminate Terms of Service by not using the Service, and you must stop using the Service and delete the Account immediately upon termination of Terms of Service. Any type of paid Service will not be refunded even if the user terminates the Terms.

 

  1. Grievance Handling and Dispute Resolution

1) KRAFTON shall inform on KRAFTON’s website about the ways that users can present their opinions or complaints considering the any of the inconveniences implied to the users. KRAFTON operates as a dedicated organization to handle such users’ opinions and complaints.

2) If a dispute arises between KRAFTON and the user and the Third Party Dispute Arbitration Body becomes involved in adjusting such grievance, KRAFTON shall faithfully demonstrate the measures taken on the user, including restrictions of usage, and may comply with result of the arbitration.

 

  1. Governing Law

These Terms shall be interpreted and governed by the laws of the Republic of Korea. All lawsuits related to these Terms and Conditions are subject to the jurisdiction of the courts pursuant to relevant laws such as the Code of Civil Procedure. Other laws may apply if you use the game outside of the Republic of Korea. In such event, the applicable local laws shall only affect these Terms to the extent required by the applicable jurisdiction, and these Terms shall be construed as to make their terms and conditions as effective as possible. You must comply with all local laws to the extent that applicable local law applies.

 

  1. Class Action Waiver

You agree not to participate in, including but not limited to, a class or representative action, private attorney general action, or collective arbitration related to the Game or Service or this Agreement. You also agree not to seek to combine any action or arbitration related to the Service or this Agreement with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.

 

  1. Copyright Notice

If you think any materials from KRAFTON and/or KRAFTON branded websites infringe your copyright-protected work under the copyright law, you may provide an infringement notice to KRAFTON’s designated agent as set forth below. Also, to make your notice become effective, you must include the following information:

(a) Sufficient details to enable us to identify the work claimed to be infringed;

(b) Your contact information, including your address and email address;

(c) A statement that you have a good faith belief that the disputed is not authorized by the copyright owner, its agent, or the law;

(d) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(e) Your physical or electronic signature;

 

The contact information of Company’s designated agent is as follows:

KRAFTON, Inc.

Attn: Legal Affair Department Agent

6, 7, 8F 12, Seocho-daero 38-gil Seocho-gu, Seoul, the Republic of Korea

Email: [email protected]

 

  1. Other policies

1) KRAFTON may use Rules of Conduct and Privacy Policy to cover specific details that are not covered in Terms of Service in order to protect user interests and maintain order in the game.

2) By agreeing to conditions set in Terms of Service, you also agree to be bound by the terms and conditions set in Rules of Conduct and Privacy Policy.

3) Privacy Policy and Rules of Conduct can be found at any time from KRAFTON’s website.