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End-User License Agreement
The original version of this Agreement has been prepared in Korean. In the event that the contents written in other languages conflict with those of the Korean language version, the Korean language version shall prevail.
Since this End-User License Agreement (hereinafter referred to as the “EULA” or this “Agreement”) contains important contents, please read carefully before playing SHADOW ARENA (hereinafter referred to as the “Game Software”).
By installing, copying, or using the Company’s game, Game Software, or other services, the user shall be deemed to have accepted to follow the terms and conditions of this Agreement and the Privacy Policy specified by Pearl Abyss (Pearl Abyss Corp., Pearl Abyss Taiwan Corp., Pearl Abyss H.K. Limited. and Pearl Abyss America, Inc., Pearl Abyss JP Co., Ltd, hereinafter referred to as “Pearl Abyss,” or the “Company”). Valve Corporation Terms of Service and the User Agreement shall apply to purchase and use.
Article 1 (End-User License Agreement)
The purpose of this Agreement is to define the basic matters concerning the use of this Game Software and related gaming services between the service users of Pearl Abyss Game Service (hereinafter referred to as “User” or “Member”) using the Game Software provided by Pearl Abyss (hereinafter referred to as this “Game Software”) and the Company.
If you do not agree to this End-User License Agreement (hereinafter referred to as this “Agreement”) and Platform Terms and Conditions, you may not use this Game Software. In addition, your use of the Game Software shall be governed by the Steam Subscriber Agreement and other terms and conditions set forth by Valve according to the conditions specified by STEAM.
If you agree to the terms and conditions set forth in this Agreement, you may select “Agree” to install this Game Software, and you may indicate that you understand and agree to the terms (or contents) of this Agreement, and the conditions for use of the Game Software.
If you do not agree to the terms specified in this Agreement, you shall select “Disagree,” and in this case, Pearl Abyss may not grant you a license (defined below) for this Game Software.
Article 2 (Ownership)
Pearl Abyss shall possess the ownership, intellectual property rights and all other rights regarding this Game Software, services and all related materials (including title, computer code, theme, target, character, character name, story, conversation, slogan, location, concept, art, character list, structure or landscape design, animation, sound, music composition and recording, audio-visual effect, story line, and operation method).
The logos of Pearl Abyss and SHADOW ARENA shall be trademarks filed or registered by Pearl Abyss in South Korea and other countries, and all rights, authorities and interests related to such trademarks shall be owned by Pearl Abyss.
Games, all materials, information and data contained or indicated in the game, including documents, services, site designs, texts, graphics, logos, images and icons, and all other things that appear within the website, and their arrangements shall be owned by Pearl Abyss.
The User agrees to the above, and the rights of Pearl Abyss shall be protected in accordance with the Copyright Act of all countries around the world, the international copyright treaties and conventions, and other laws and regulations.
Article 3 (General)
To execute and use this Game Software, you shall create an account used in “Steam,” and download, install, and use the Steam software/platform. “Steam” is an online service and platform offered by Valve Corporation, not by Pearl Abyss.
The use of the Steam account by a User shall comply with the mandatory terms and conditions (including but not limited to acceptance of the Steam Subscriber Agreement and other policies) of Valve Corporation, and such terms and conditions may limit the rights granted to the User.
Pearl Abyss may not be responsible for the account that User uses on Steam, or other services or functions provided by Valve Corporation or other third parties.
This Game Software may include a license management software that restricts the User’s use of Game Software.
Article 4 (Limited Use License)
Pearl Abyss hereby grants you the End-User license which is limited, non-exclusive, and non-transferable to use this Game Software for the purpose of individual game play under the conditions that you agree to this Agreement and the Terms of Service notified on the Pearl Abyss website and other media (For South Korean users, the terms of service notified on the Korean Shadow Arena website shall be included) and continue to comply with the terms and conditions.
The grant of this license may not be to grant the ownership of the Game Software to you, and it may not be the sale or transfer of intellectual property rights or other rights regarding the Game Software.
Except for the rights or licenses expressly granted according to this Agreement, all rights related to this Game Software and related services shall be reserved to Pearl Abyss or license provider hereof.
Article 5 (License Terms and Restrictions)
The license granted to the User has been granted under the following conditions, and if the game is used in violation of the following conditions, it shall be deemed as infringement of copyright or related rights of Pearl Abyss. If the User consents to this Agreement, he/she shall agree to use the Game Software in whole or in part only in a way consistent with this Agreement, and in any case, the following may not be performed:
- The act of copying, duplicating, regenerating, translating, or reverse-engineering this Game Software in whole or in part, extracting its source codes, revising, disassembling, or decompiling this Game Software in whole or in part, or creating or producing secondary works based on the game (Except for cases expressly permitted by related laws, any legal revision, improvement, and all the copyrights and personal rights of authorship are considered as, or attributed to the exclusive property of Pearl Abyss and license provider hereof.)
- The act of using a program or macro, or other devices or tools (hereinafter referred to as an “Unauthorized Program”) that have not been approved by the Company in addition to cheating, an automated program (bot) and hacks designed to disable the technical protection measures of the service provided by Pearl Abyss, interrupt the normal operation or to play games in an abnormal way
- The act of removing, deactivating or bypassing technical measures that control access to a security software or Game Software
- The act of selling, mortgaging, or transferring this Game Software or services to another person in a way not explicitly approved in this Agreement, or renting or lending the game, or giving a license to another person
- The act of transferring the Game Software and its services to another person, unauthorized distribution hereof, and letting another person use the same at cyber (Internet) cafes or computer game centers without the written permission from Pearl Abyss, or, but not limited to, the act of commercially using, advertising, or misusing the Game Software in whole or in part
- The act of collecting in-game currencies, items, or resources without the explicit written permission from Pearl Abyss for the purpose of selling, or performing in-game services, such as third-party character upgrading, for the purpose of giving and taking payments outside of the game
- The act of stealing the information of other people, the game, or the Company or data mining through the game or services, or the act of using a software of an unauthorized third party
- An act of modifying some files of the Game Software or providing the cause of modification in a way that is not explicitly approved by Pearl Abyss
- The act of stealing a communication protocol used by Pearl Abyss, copying or re-transmitting the same, or using the game in a wrongful way to host, provide, or develop particular services in any way regardless of the purpose
- The act of imitating and copying the Game Software or the services, connecting to the imitated or copied server, which has not been authorized by Pearl Abyss, or the act of distributing/adverting or maintaining the imitated or copied server
- The act of creating data or an executable program, which has imitated data or functions of the Game Software
- The act of selling, lending, renting, granting a license of, distributing, uploading the Game Software or part of the copy on the Internet server or a website without the prior written consent from Pearl Abyss, or transferring the Game Software or part of the copy
- The act of removing, revising, damaging, or bypassing the ownership marks or labels included in the Game Software
- The act of violating laws or regulations of this Agreement or of the country where the Game Software and services are provided to export or re-export the Game Software or any copies or modified products
Article 6 (Game Software Updates and Patches)
Pearl Abyss may provide updates, patches, and other revisions for the Game Software that Users is required to install in order to play games.
Pearl Abyss may update, patch or revise the Game Software and access the Game Software that resides on the User’s computer, and the User shall grant the right to Pearl Abyss to distribute and apply such patches, updates, and revisions.
The “Game Software” mentioned in this Agreement shall include all the patches, updates and revisions mentioned above.
Article 7 (Denial of Warranty)
This Game Software and related services shall be provided to the users “as they are.” To the extent permitted by law, Pearl Abyss may not guarantee the following:
- Marketability or appropriateness with a specific purpose (including the appropriateness of a game that meets the needs or requirements of you or another person)
- Infringement of third-party intellectual property rights or exclusive rights
- Precision, reliability, accuracy or completeness of the Game Software
- Operation of the Game Software (including delay, interference, error, virus, defect or omitted content)
- Performance/Non-performance related contents arisen by a third party, or any other acts or related warranties from Pearl Abyss
- Any issues that may occur during transaction processes, performance processes, and transaction use
In some countries or regions, the exclusion of the warranties above may not be allowed, and thus the exclusion of the warranties above may not apply, and in this case, the User may have different legal rights depending on the country or region.
Article 8 (Limitations of Responsibilities)
Unless there is willfulness or gross negligence of Pearl Abyss, Pearl Abyss may not be responsible for any direct, special, indirect, accidental, punitive, penal, consequential damages or use loss, profit loss, data loss, or any other losses that arise with respect to ownership, use, malfunctioning, or any related matters of the Game Software or the services, or software or services connected to the Game Software.
In addition, in the event that any damage occurs to the User due to the ownership, use, malfunction or any related matters of the Game Software or the services, or the website, or service connected to the Game Software regardless of agreement, warranty, illegal acts, product liability, liability without fault, or other liability doctrines, Pearl Abyss shall be responsible within the limit of the payment the User provided to Pearl Abyss to use this Game Software, or others.
Since the exclusion or limitation of the above damages is not allowed in some countries or regions, such limitation or exclusion may not apply to Users.
Article 9 (Compensation and Indemnification)
Unless there is a willfulness or gross negligence of Pearl Abyss, the User shall agree to defend and indemnify Pearl Abyss, partners, affiliates, contractors, license providers, executives, directors, employees and delegates from all claims, damages, costs and expenses (including rightful costs) directly or indirectly arising from any act of the User related to the use of this Game Software, or any violation of the terms and conditions of this Agreement. Such obligations of the User shall be valid even after the termination or expiration of this Agreement.
Article 10 (Period and Termination)
This Agreement shall remain effective while you use, operate or perform this Game Software, while if the User does not comply with this Agreement, this Agreement will automatically terminate.
Pearl Abyss may terminate any service related to this Game Software due to any technical or operational necessity.
The User may terminate the license regarding this Game Software granted under this Agreement at any time by deleting all copies of this Game Software.
If this Agreement is terminated, all licenses granted under this Agreement shall be immediately terminated, and the User shall delete and destroy all copies of this Game Software.
The provisions of “Ownership,” “License Terms and Restrictions,” “Limitation of Responsibilities,” “Compensation and Indemnification,” “Period and Termination,” “Order,” “Governing Laws and Dispute Resolution” shall continue to exist even after the cancellation or termination of this Agreement, or of the license under this Agreement.
Article 11 (Order)
The User shall acknowledge that Pearl Abyss may suffer losses that cannot be recovered in the event that the contents of this Agreement are not specifically executed, and agree that Pearl Abyss has the right to take necessary measures, such as a claim against prohibition without deposit or other evidence, in addition to the measures under relevant laws and regulations.
Article 12 (Governing Laws and Dispute Resolution)
In the event that a dispute arises between the User and Pearl Abyss, Pearl Abyss shall provide you with a neutral and efficient method to swiftly resolve the dispute.
The User and Pearl Abyss shall agree to resolve any lawsuit or dispute arising in connection with this Agreement and services (hereinafter referred to as “Claims”) as follows:
The legal contracts and relationships between the User and Pearl Abyss shall be regulated entirely by the South Korean laws regardless of the principles of international private laws, or United Nations Convention on Contracts for the International Sale of Goods.
The User and Pearl Abyss shall agree to follow the exclusive jurisdiction and forum of the court located in South Korea. However, the User shall agree that Pearl Abyss may apply for provisional disposition, prohibition order, and other remedies at the other courts with jurisdiction.
Any party who has requested a claim with a total amount of less than ten thousand US dollars (10,000 US dollars) may resolve the dispute in an efficient manner through non-attendance of arbitration, except for provisional disposition, prohibition order, and other remedies. Any party who applies for arbitration shall initiate the procedures through the established alternative dispute resolution (“ADR”) organization mutually agreed upon by the parties. The alternative dispute resolution organization and the parties shall comply with the following rules:
- 1. Arbitration shall be performed only by telephone, online or written submission, depending on the choice of the party who applies for the remedy.
- 2. Unless otherwise agreed by the parties, the parties or the witness may not attend the arbitration.
- 3. With respect to the decision of the arbitrator, any party may file a lawsuit to the court with jurisdiction.
All claims against Pearl Abyss shall be resolved according to this dispute resolution provision. Any claim in conflict with this dispute resolution provision shall be considered unfair. In the event that any User files a claim in conflict with this dispute resolution provision, Pearl Abyss may claim the compensation for the attorney fees up to a thousand dollars ($ 1,000.00 USD) if the User does not withdraw the claim immediately even though Pearl Abyss has notified of the matter.
Article 13 (Amendment)
Pearl Abyss may have the right to amend this Agreement at any time, while such amendments shall be announced through the website.
The User may terminate this Agreement in accordance with the termination provision of this Agreement in the event that the User cannot accept the amendment to be made afterwards to the Agreement, or the User does not wish to comply with this Agreement any more.
The continual use of this Game Software after installation and use of this Game Software update or revision, or notification of the change of this Agreement means that the User has accepted all changes to the terms and conditions of this Agreement.
Article 14 (Collection and Use of Information)
By giving consent to this Agreement and installing and using this Game Software, the User shall agree to the terms and conditions of information collection and use specified in the Pearl Abyss Shadow Arena Privacy Policy.
Pearl Abyss may collect the information on Users or their use when the User uses software products such as accounts used on STEAM, game play operation, progress rate and other data, score, ranking, business, inter-player communications, browser types, platform types, and Internet services.
Pearl Abyss may access or use personal information, or consigning the information to a third party, which has been entered at the time of signing up for the purpose of improving the convenience of Users, providing personal security, or delivering prizes, and the used personal information may be destroyed after achieving the purpose.
You may provide or receive information on the Internet service provider (ISP) and software use which is periodically collected in order to facilitate software updates, product support, and other services related to software products.
Pearl Abyss may use collected information to improve products, manage software products, analyze trends, or provide services or technology. In addition, Pearl Abyss may use software usage information for the purposes of researching, developing, managing, supporting and marketing Pearl Abyss products and services.
If you do not wish your information to be used or shared in such way, you may not use the software product. For more information as to the information and data that Pearl Abyss may collect and how Pearl Abyss uses the data, please read the Shadow Arena Privacy Policy. You may check the Privacy Policy of Shadow Arena on the website.
Article 15 (Monitoring)
When the User plays the games provided by the Company, or uses the communication means on the website, the User’s IP address (the Internet protocol address when the User accesses the above) may be stored by the Company.
When the game is updated or patched, the Company’s patch routine may be to inspect the User’s device to verify whether the specific file of the game is the latest version.
If the User communicates with the game or communication means (including chatting, and instant messaging service) within the Company’s game (even when it is “private” with others), the User shall understand that such communication is done through the Company’s server and may be monitored by the Company.
The User shall explicitly agree to monitoring of the communication that he/she gives and receives.
Article 16 (Terms/Policies for Shadow Arena Service)
By agreeing to this Agreement, you shall be deemed to have agreed to the following regulations and terms/policies for PEARL ABYSS (hereinafter referred to as “Pearl Abyss”) to provide this Game Software and game services in a rightful manner.
You may check the terms of service and privacy policy of Shadow Arena on the official website.
Shadow Arena Terms of Service: https://shadowarena.pearlabyss.com/Policy/policy/index/?policyNo=1
Shadow Arena Privacy Policy: https://shadowarena.pearlabyss.com/Policy/policy/index/?policyNo=2
(You may change your language after accessing the site.)
All access and use of this software shall be described in this Agreement, the lawful software documentation, or the licensor’s terms of service, and the licensor’s privacy policy, and all regulations and conditions of this Service shall be included in this Agreement. This Agreement shall refer to a complete agreement between you and the licensor regarding the use of this Game Software and related services and products, which supersedes and replaces the first agreement between you and licensor in writing or verbally.
In the event that there is any conflict between this Agreement and the Terms of Service, this Agreement shall prevail. Please read carefully before playing. The User shall be deemed to have agreed that the User shall comply with this Agreement, Terms of Service, and Privacy Policy specified by Pearl Abyss (Pearl Abyss Corp., Pearl Abyss Taiwan Corp., Pearl Abyss H.K. Limited, and Pearl Abyss America, Inc., Pearl Abyss JP Co., Ltd (hereinafter referred to as “Pearl Abyss” or the “Company”)) by installing, copying, or using the Company’s game or Game Software, or services in any method.
The original version of this Agreement has been prepared in Korean. In the event that the contents written in other languages conflict with those of the Korean language version, the Korean language version shall prevail.
Since this End-User License Agreement (hereinafter referred to as the “EULA” or this “Agreement”) contains important contents, please read carefully before playing SHADOW ARENA (hereinafter referred to as the “Game Software”).
By installing, copying, or using the Company’s game, Game Software, or other services, the user shall be deemed to have accepted to follow the terms and conditions of this Agreement and the Privacy Policy specified by Pearl Abyss (Pearl Abyss Corp., Pearl Abyss Taiwan Corp., Pearl Abyss H.K. Limited. and Pearl Abyss America, Inc., Pearl Abyss JP Co., Ltd, hereinafter referred to as “Pearl Abyss,” or the “Company”). Valve Corporation Terms of Service and the User Agreement shall apply to purchase and use.
Article 1 (End-User License Agreement)
The purpose of this Agreement is to define the basic matters concerning the use of this Game Software and related gaming services between the service users of Pearl Abyss Game Service (hereinafter referred to as “User” or “Member”) using the Game Software provided by Pearl Abyss (hereinafter referred to as this “Game Software”) and the Company.
If you do not agree to this End-User License Agreement (hereinafter referred to as this “Agreement”) and Platform Terms and Conditions, you may not use this Game Software. In addition, your use of the Game Software shall be governed by the Steam Subscriber Agreement and other terms and conditions set forth by Valve according to the conditions specified by STEAM.
If you agree to the terms and conditions set forth in this Agreement, you may select “Agree” to install this Game Software, and you may indicate that you understand and agree to the terms (or contents) of this Agreement, and the conditions for use of the Game Software.
If you do not agree to the terms specified in this Agreement, you shall select “Disagree,” and in this case, Pearl Abyss may not grant you a license (defined below) for this Game Software.
Article 2 (Ownership)
Pearl Abyss shall possess the ownership, intellectual property rights and all other rights regarding this Game Software, services and all related materials (including title, computer code, theme, target, character, character name, story, conversation, slogan, location, concept, art, character list, structure or landscape design, animation, sound, music composition and recording, audio-visual effect, story line, and operation method).
The logos of Pearl Abyss and SHADOW ARENA shall be trademarks filed or registered by Pearl Abyss in South Korea and other countries, and all rights, authorities and interests related to such trademarks shall be owned by Pearl Abyss.
Games, all materials, information and data contained or indicated in the game, including documents, services, site designs, texts, graphics, logos, images and icons, and all other things that appear within the website, and their arrangements shall be owned by Pearl Abyss.
The User agrees to the above, and the rights of Pearl Abyss shall be protected in accordance with the Copyright Act of all countries around the world, the international copyright treaties and conventions, and other laws and regulations.
Article 3 (General)
To execute and use this Game Software, you shall create an account used in “Steam,” and download, install, and use the Steam software/platform. “Steam” is an online service and platform offered by Valve Corporation, not by Pearl Abyss.
The use of the Steam account by a User shall comply with the mandatory terms and conditions (including but not limited to acceptance of the Steam Subscriber Agreement and other policies) of Valve Corporation, and such terms and conditions may limit the rights granted to the User.
Pearl Abyss may not be responsible for the account that User uses on Steam, or other services or functions provided by Valve Corporation or other third parties.
This Game Software may include a license management software that restricts the User’s use of Game Software.
Article 4 (Limited Use License)
Pearl Abyss hereby grants you the End-User license which is limited, non-exclusive, and non-transferable to use this Game Software for the purpose of individual game play under the conditions that you agree to this Agreement and the Terms of Service notified on the Pearl Abyss website and other media (For South Korean users, the terms of service notified on the Korean Shadow Arena website shall be included) and continue to comply with the terms and conditions.
The grant of this license may not be to grant the ownership of the Game Software to you, and it may not be the sale or transfer of intellectual property rights or other rights regarding the Game Software.
Except for the rights or licenses expressly granted according to this Agreement, all rights related to this Game Software and related services shall be reserved to Pearl Abyss or license provider hereof.
Article 5 (License Terms and Restrictions)
The license granted to the User has been granted under the following conditions, and if the game is used in violation of the following conditions, it shall be deemed as infringement of copyright or related rights of Pearl Abyss. If the User consents to this Agreement, he/she shall agree to use the Game Software in whole or in part only in a way consistent with this Agreement, and in any case, the following may not be performed:
- The act of copying, duplicating, regenerating, translating, or reverse-engineering this Game Software in whole or in part, extracting its source codes, revising, disassembling, or decompiling this Game Software in whole or in part, or creating or producing secondary works based on the game (Except for cases expressly permitted by related laws, any legal revision, improvement, and all the copyrights and personal rights of authorship are considered as, or attributed to the exclusive property of Pearl Abyss and license provider hereof.)
- The act of using a program or macro, or other devices or tools (hereinafter referred to as an “Unauthorized Program”) that have not been approved by the Company in addition to cheating, an automated program (bot) and hacks designed to disable the technical protection measures of the service provided by Pearl Abyss, interrupt the normal operation or to play games in an abnormal way
- The act of removing, deactivating or bypassing technical measures that control access to a security software or Game Software
- The act of selling, mortgaging, or transferring this Game Software or services to another person in a way not explicitly approved in this Agreement, or renting or lending the game, or giving a license to another person
- The act of transferring the Game Software and its services to another person, unauthorized distribution hereof, and letting another person use the same at cyber (Internet) cafes or computer game centers without the written permission from Pearl Abyss, or, but not limited to, the act of commercially using, advertising, or misusing the Game Software in whole or in part
- The act of collecting in-game currencies, items, or resources without the explicit written permission from Pearl Abyss for the purpose of selling, or performing in-game services, such as third-party character upgrading, for the purpose of giving and taking payments outside of the game
- The act of stealing the information of other people, the game, or the Company or data mining through the game or services, or the act of using a software of an unauthorized third party
- An act of modifying some files of the Game Software or providing the cause of modification in a way that is not explicitly approved by Pearl Abyss
- The act of stealing a communication protocol used by Pearl Abyss, copying or re-transmitting the same, or using the game in a wrongful way to host, provide, or develop particular services in any way regardless of the purpose
- The act of imitating and copying the Game Software or the services, connecting to the imitated or copied server, which has not been authorized by Pearl Abyss, or the act of distributing/adverting or maintaining the imitated or copied server
- The act of creating data or an executable program, which has imitated data or functions of the Game Software
- The act of selling, lending, renting, granting a license of, distributing, uploading the Game Software or part of the copy on the Internet server or a website without the prior written consent from Pearl Abyss, or transferring the Game Software or part of the copy
- The act of removing, revising, damaging, or bypassing the ownership marks or labels included in the Game Software
- The act of violating laws or regulations of this Agreement or of the country where the Game Software and services are provided to export or re-export the Game Software or any copies or modified products
Article 6 (Game Software Updates and Patches)
Pearl Abyss may provide updates, patches, and other revisions for the Game Software that Users is required to install in order to play games.
Pearl Abyss may update, patch or revise the Game Software and access the Game Software that resides on the User’s computer, and the User shall grant the right to Pearl Abyss to distribute and apply such patches, updates, and revisions.
The “Game Software” mentioned in this Agreement shall include all the patches, updates and revisions mentioned above.
Article 7 (Denial of Warranty)
This Game Software and related services shall be provided to the users “as they are.” To the extent permitted by law, Pearl Abyss may not guarantee the following:
- Marketability or appropriateness with a specific purpose (including the appropriateness of a game that meets the needs or requirements of you or another person)
- Infringement of third-party intellectual property rights or exclusive rights
- Precision, reliability, accuracy or completeness of the Game Software
- Operation of the Game Software (including delay, interference, error, virus, defect or omitted content)
- Performance/Non-performance related contents arisen by a third party, or any other acts or related warranties from Pearl Abyss
- Any issues that may occur during transaction processes, performance processes, and transaction use
In some countries or regions, the exclusion of the warranties above may not be allowed, and thus the exclusion of the warranties above may not apply, and in this case, the User may have different legal rights depending on the country or region.
Article 8 (Limitations of Responsibilities)
Unless there is willfulness or gross negligence of Pearl Abyss, Pearl Abyss may not be responsible for any direct, special, indirect, accidental, punitive, penal, consequential damages or use loss, profit loss, data loss, or any other losses that arise with respect to ownership, use, malfunctioning, or any related matters of the Game Software or the services, or software or services connected to the Game Software.
In addition, in the event that any damage occurs to the User due to the ownership, use, malfunction or any related matters of the Game Software or the services, or the website, or service connected to the Game Software regardless of agreement, warranty, illegal acts, product liability, liability without fault, or other liability doctrines, Pearl Abyss shall be responsible within the limit of the payment the User provided to Pearl Abyss to use this Game Software, or others.
Since the exclusion or limitation of the above damages is not allowed in some countries or regions, such limitation or exclusion may not apply to Users.
Article 9 (Compensation and Indemnification)
Unless there is a willfulness or gross negligence of Pearl Abyss, the User shall agree to defend and indemnify Pearl Abyss, partners, affiliates, contractors, license providers, executives, directors, employees and delegates from all claims, damages, costs and expenses (including rightful costs) directly or indirectly arising from any act of the User related to the use of this Game Software, or any violation of the terms and conditions of this Agreement. Such obligations of the User shall be valid even after the termination or expiration of this Agreement.
Article 10 (Period and Termination)
This Agreement shall remain effective while you use, operate or perform this Game Software, while if the User does not comply with this Agreement, this Agreement will automatically terminate.
Pearl Abyss may terminate any service related to this Game Software due to any technical or operational necessity.
The User may terminate the license regarding this Game Software granted under this Agreement at any time by deleting all copies of this Game Software.
If this Agreement is terminated, all licenses granted under this Agreement shall be immediately terminated, and the User shall delete and destroy all copies of this Game Software.
The provisions of “Ownership,” “License Terms and Restrictions,” “Limitation of Responsibilities,” “Compensation and Indemnification,” “Period and Termination,” “Order,” “Governing Laws and Dispute Resolution” shall continue to exist even after the cancellation or termination of this Agreement, or of the license under this Agreement.
Article 11 (Order)
The User shall acknowledge that Pearl Abyss may suffer losses that cannot be recovered in the event that the contents of this Agreement are not specifically executed, and agree that Pearl Abyss has the right to take necessary measures, such as a claim against prohibition without deposit or other evidence, in addition to the measures under relevant laws and regulations.
Article 12 (Governing Laws and Dispute Resolution)
In the event that a dispute arises between the User and Pearl Abyss, Pearl Abyss shall provide you with a neutral and efficient method to swiftly resolve the dispute.
The User and Pearl Abyss shall agree to resolve any lawsuit or dispute arising in connection with this Agreement and services (hereinafter referred to as “Claims”) as follows:
The legal contracts and relationships between the User and Pearl Abyss shall be regulated entirely by the South Korean laws regardless of the principles of international private laws, or United Nations Convention on Contracts for the International Sale of Goods.
The User and Pearl Abyss shall agree to follow the exclusive jurisdiction and forum of the court located in South Korea. However, the User shall agree that Pearl Abyss may apply for provisional disposition, prohibition order, and other remedies at the other courts with jurisdiction.
Any party who has requested a claim with a total amount of less than ten thousand US dollars (10,000 US dollars) may resolve the dispute in an efficient manner through non-attendance of arbitration, except for provisional disposition, prohibition order, and other remedies. Any party who applies for arbitration shall initiate the procedures through the established alternative dispute resolution (“ADR”) organization mutually agreed upon by the parties. The alternative dispute resolution organization and the parties shall comply with the following rules:
- 1. Arbitration shall be performed only by telephone, online or written submission, depending on the choice of the party who applies for the remedy.
- 2. Unless otherwise agreed by the parties, the parties or the witness may not attend the arbitration.
- 3. With respect to the decision of the arbitrator, any party may file a lawsuit to the court with jurisdiction.
All claims against Pearl Abyss shall be resolved according to this dispute resolution provision. Any claim in conflict with this dispute resolution provision shall be considered unfair. In the event that any User files a claim in conflict with this dispute resolution provision, Pearl Abyss may claim the compensation for the attorney fees up to a thousand dollars ($ 1,000.00 USD) if the User does not withdraw the claim immediately even though Pearl Abyss has notified of the matter.
Article 13 (Amendment)
Pearl Abyss may have the right to amend this Agreement at any time, while such amendments shall be announced through the website.
The User may terminate this Agreement in accordance with the termination provision of this Agreement in the event that the User cannot accept the amendment to be made afterwards to the Agreement, or the User does not wish to comply with this Agreement any more.
The continual use of this Game Software after installation and use of this Game Software update or revision, or notification of the change of this Agreement means that the User has accepted all changes to the terms and conditions of this Agreement.
Article 14 (Collection and Use of Information)
By giving consent to this Agreement and installing and using this Game Software, the User shall agree to the terms and conditions of information collection and use specified in the Pearl Abyss Shadow Arena Privacy Policy.
Pearl Abyss may collect the information on Users or their use when the User uses software products such as accounts used on STEAM, game play operation, progress rate and other data, score, ranking, business, inter-player communications, browser types, platform types, and Internet services.
Pearl Abyss may access or use personal information, or consigning the information to a third party, which has been entered at the time of signing up for the purpose of improving the convenience of Users, providing personal security, or delivering prizes, and the used personal information may be destroyed after achieving the purpose.
You may provide or receive information on the Internet service provider (ISP) and software use which is periodically collected in order to facilitate software updates, product support, and other services related to software products.
Pearl Abyss may use collected information to improve products, manage software products, analyze trends, or provide services or technology. In addition, Pearl Abyss may use software usage information for the purposes of researching, developing, managing, supporting and marketing Pearl Abyss products and services.
If you do not wish your information to be used or shared in such way, you may not use the software product. For more information as to the information and data that Pearl Abyss may collect and how Pearl Abyss uses the data, please read the Shadow Arena Privacy Policy. You may check the Privacy Policy of Shadow Arena on the website.
Article 15 (Monitoring)
When the User plays the games provided by the Company, or uses the communication means on the website, the User’s IP address (the Internet protocol address when the User accesses the above) may be stored by the Company.
When the game is updated or patched, the Company’s patch routine may be to inspect the User’s device to verify whether the specific file of the game is the latest version.
If the User communicates with the game or communication means (including chatting, and instant messaging service) within the Company’s game (even when it is “private” with others), the User shall understand that such communication is done through the Company’s server and may be monitored by the Company.
The User shall explicitly agree to monitoring of the communication that he/she gives and receives.
Article 16 (Terms/Policies for Shadow Arena Service)
By agreeing to this Agreement, you shall be deemed to have agreed to the following regulations and terms/policies for PEARL ABYSS (hereinafter referred to as “Pearl Abyss”) to provide this Game Software and game services in a rightful manner.
You may check the terms of service and privacy policy of Shadow Arena on the official website.
Shadow Arena Terms of Service: https://shadowarena.pearlabyss.com/Policy/policy/index/?policyNo=1
Shadow Arena Privacy Policy: https://shadowarena.pearlabyss.com/Policy/policy/index/?policyNo=2
(You may change your language after accessing the site.)
All access and use of this software shall be described in this Agreement, the lawful software documentation, or the licensor’s terms of service, and the licensor’s privacy policy, and all regulations and conditions of this Service shall be included in this Agreement. This Agreement shall refer to a complete agreement between you and the licensor regarding the use of this Game Software and related services and products, which supersedes and replaces the first agreement between you and licensor in writing or verbally.
In the event that there is any conflict between this Agreement and the Terms of Service, this Agreement shall prevail. Please read carefully before playing. The User shall be deemed to have agreed that the User shall comply with this Agreement, Terms of Service, and Privacy Policy specified by Pearl Abyss (Pearl Abyss Corp., Pearl Abyss Taiwan Corp., Pearl Abyss H.K. Limited, and Pearl Abyss America, Inc., Pearl Abyss JP Co., Ltd (hereinafter referred to as “Pearl Abyss” or the “Company”)) by installing, copying, or using the Company’s game or Game Software, or services in any method.