TERMS OF USE – PUBG PARTNERSHIP PROGRAM

Last Modified: November 1st, 2018

 

ACCEPTANCE OF THE TERMS OF USE

This Terms of Use – PUBG Partnership Program is entered into by and between You and PUBG Corporation (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the PUBG Partnership Program website https://pubg.com/partners, including any content, functionality, information, data and services offered on therein (the “Website”).

Please read this Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to this Terms of Use, you agree to be abide by this Terms of Use and our Privacy Policy, found at https://pubg.com/partners, incorporated herein by reference. If you do not want to agree to this Terms of Use or the Privacy Policy, you may not use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not use the Website.

CHANGES TO THE TERMS OF USE

We may revise and update this Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to your access and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or revise this Website, and any service, program, including the PUBG Partnership Program, information, data or material we provide on the Website, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of this Terms of Use and comply with them. You acknowledge that the PUBG Partnership Program may contain other terms and conditions to which you must agree before you can participate in the PUBG Partnership Program.  Such terms and conditions will be made available to you when you sign up.

To access the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is accurate and complete. You agree that all information you provide when you register with this Website, including but not limited to through the use of any interactive features on the Website is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You also acknowledge that your account information is personal to you and agree not to provide any other person with access to your account information. You agree to notify us immediately of any unauthorized use of your account. You also agree to exit from your account at the end of each session. We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time at our sole discretion.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website and participate in the PUBG Partnership Program will cease immediately. No right, title or interest in or to the Website or the PUBG Partnership Program is granted to you other than as set forth herein. All rights not expressly granted are reserved by the Company.

TRADEMARKS

The Company name, the Company trademarks, the Company logo, the PUBG Partnership Program and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

PROHIBITED USES

You may use the Website and the PUBG Partnership Program only for lawful purposes and in accordance with this Terms of Use or the PUBG Partnership Program terms and conditions. You agree not to use the Website or the PUBG Partnership Program:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of technology, data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the PUBG Partnership Program, or which, as determined by us at our sole discretion, may harm the Company.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose other than the purpose set forth herein, including monitoring or copying any of the material on the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the PUBG Partnership Program, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

MONITORING AND ENFORCEMENT; TERMINATION

We have the unrestricted right to:

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of this Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

RELIANCE ON WEBSITE

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

CHANGES TO THE WEBSITE

We may update the content on this Website or the Data at any time. The Website and the Data are not necessarily complete or up-to-date. Any of the materials on the Website or the PUBG Partnership Program may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Policy . By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

CONFIDENTIALITY

Except for the specific rights granted in this Terms of Use, you shall not use or disclose, without written consent, any of our Confidential Information, which means all information about the PUBG Partnership Program, trade secrets, know-how, inventions, developments, software and other financial, business or technical information disclosed by or for a party in relation to this Terms of Use, but not including any information that you can demonstrate was (a) already rightfully known by you without restriction, (b) rightfully furnished to you by a third party without restriction and without breach of any obligation to the disclosing party, (c) generally available to the public without breach of this Agreement or (d) independently developed by you without reliance on our Confidential Information. You shall use reasonable care to protect the Confidential Information, including ensuring that any of your employees and contractors with access to it (a) have a need to know, and (b) are bound by obligations of confidentiality at least as protective as those provided herein. You are responsible for any breach of confidentiality by your employees and contractors. Promptly after any termination of this Terms of Use or the PUBG Partnership Program you shall undertake commercially reasonable efforts to return or destroy all the Confidential Information. Notwithstanding the foregoing, we may retain and use any data, information or that you have provided, (i) as combined with other customer data, for the purpose of improving the Website or to provide other offerings, even after termination of this Terms of Use or the PUBG Partnership Program, and (ii) as otherwise provided in our Privacy Policy.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, PARTICIPATION IN THE PUBG PARTNERSHIP PROGRAM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, YOUR PARTICIPATION IN THE PUBG PARTNERSHIP PROGRAM, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE PUBG PARTNERSHIP PROGRAM AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE PUBG PARTNERSHIP PROGRAM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE PUBG PARTNERSHIP PROGRAM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, THE PUBG PARTNERSHIP PROGRAM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, PARTICIPATE IN THE PUBG PARTNERSHIP PROGRAM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Terms of Use, your use of the Website, or your participation in the PUBG Partnership Program, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in this Terms of Use, the terms and conditions of the PUBG Partnership Program or your use of any information obtained from the Website.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website, this Terms of Use, or the PUBG Partnership Program, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, this Terms of Use, the Website or the PUBG Partnership Program shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles and County of Los Angeles although we retain the right to bring any suit, action or proceeding against you for breach of this Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

At Company’s sole discretion, it may require You to submit any disputes arising from the use of this Terms of Use, the Website, or the PUBG Partnership Program, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS TERMS OF USE, THE WEBSITE OR THE PUBG PARTNERSHIP PROGRAM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver of by the Company of any term or condition set forth in this Terms of Use or any terms or conditions of the PUBG Partnership Program shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Terms of Use or the PUBG Partnership Program shall not constitute a waiver of such right or provision. If any provision of this Terms of Use or the PUBG Partnership Program is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use or the PUBG Partnership Program will continue in full force and effect.

ENTIRE AGREEMENT

This Terms of Use, our Privacy Policy and the terms and conditions of the PUBG Partnership Program constitute the sole and entire agreement between you and Company with respect to the Website and the PUBG Partnership Program, and they supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect thereto. THE INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, INDEMNIFICATION, GOVERNING LAW AND JURISDICTION, ARBITRATION, AND LIMITATION ON TIME TO FILE CLAIMS SECTIONS, AND THIS ENTIRE AGREEMENT SECTION WILL SURVIVE TERMINATION OF THIS AGREEMENT.

YOUR COMMENTS AND CONCERNS

This website is operated by PUBG Corp.,   All notices should be sent to pubg_privacy@bluehole.net. All other feedback, comments, requests for technical support and other communications relating to the Website or the PUBG Partnership Program should be directed to: pubg_privacy@bluehole.net.