Terms of Service Stadia
Terms of Service
Effective Date : 2nd of December 2020
PLAYERUNKNOWN’S BATTLEGROUNDS (“Game”) is a game software including this video game, the associated media, any software associated with the online mode of the video game (subject to any additional Terms of Service applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials developed by KRAFTON, Inc. (“Company”). The Company provides game services, an official website (https://www.pubg.com), and other game related services (Collectively, “Service”). “Player” means the person who agrees to and consents 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. If you do not want to agree to these terms and conditions, you must not use the Service.
YOU MUST ALSO ACCEPT AND COMPLY WITH ALL RULES OF EXTERNAL PLATFORMS APPLICABLE TO SPECIFIC GAME, INCLUDING BUT NOT LIMITED TO “Stadia” TERMS OF SERVICE AND PRIVACY NOTICE..
IF YOU AGREE TO THE TERMS OF SERVICE SET FORTH IN THIS AGREEMENT, select “ACCEPT” to install the Game and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game.
IF YOU DO NOT AGREE TO THE TERMS OF SERVICE SET FORTH IN THIS AGREEMENT, select “DO NOT ACCEPT” and COMPANY shall not grant to you the License (defined below) to the Game.
1. Limited Use License
COMPANY grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game on one (1) Gaming console at any given time solely for your personal use (the “License”). All rights not specifically granted under this License are hereby reserved by COMPANY and, as applicable, by its licensors. The Game is licensed to you, not sold. This License does not give you any title or ownership in the Game, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game.
2. Prohibited Uses
The Company provides Service to players 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 Game and Service, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from COMPANY, use, advertise or exploit in any manner the Game or any of its parts commercially, including but not limited to use at a console gaming center or any other location-based site;
(b) without a separate, additional license from COMPANY, use the Game or permit the use of the Game, on more than one gaming console, handheld device or PDA at the same time;
(c) use the Game, or permit use of the Game, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by COMPANY in writing;
(d) make copies of the Game or any part thereof, except that you may make one (1) copy of the Game for backup or archival purposes, or make copies of the materials accompanying the Game for non-commercial backup and reference only;
(e) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game or any copies without the express prior written consent of COMPANY. Notwithstanding the foregoing, you may permanently transfer all of your rights and obligations under the License to another person for non-commercial use by physically transferring the original Game media (e.g., the CD-ROM or DVD you purchased), all original packaging and all manuals or other documentation distributed with the Game; provided, however, that you permanently delete all copies and installations of the Game in your possession or control, and that the recipient agrees to the terms of this Agreement. You shall be solely responsible for any taxes, fees, duties, withholdings, charges and assessments that may be due in connection with such transfer.
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game, 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 COMPANY and/or its licensors on creation, in any event);
(g) remove, disable or circumvent any security protections or any technical measures that control access to the Game;
(h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game;
(i) export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations; or
(j) create data or executable programs that mimic data or functionality in the Game.
(k) steal and/or publish information from others (including but not limited to personal information, non-personal information and payment information);
(l) impersonate Krafton, Inc. or our staff;
(m) harm reputation of the Company, our affiliates, our service providers and licensors as well as the Game
(n) 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.
(o) take advantage by exploiting others in any way.
(p) use the Service as a manner that is related to gambling or any action that negatively impacts the delivery of the Service
(q) exploit errors and bugs found while playing the game
(r) 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).
(s) use / develop / advertise / trade / distribute unauthorized Programs
(t) disrespect or use offensive words towards others based on their race, gender, nationality
(u) create offensive nicknames or those that may provoke negative imagery
(v) team kill, which interferes normal team gameplay
(w) intentionally team up between players or other teams in ways that the COMPANY system does not presuppose in each game mode
(x) stalk other players from match to match
(y) manipulate the results of the game in an unfair way
Any action which is not defined in this Terms of Service that negatively impacts the delivery of COMPANY’s services or negatively affects other players may be subject to warning and penalty through careful review of the circumstances.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game.
3. Accessing the Service
(a) To access the Services for Stadia games, you need to have a Sign-in ID (email address).
(b) As a general rule, the service of the game is accessible for 24 hours a day throughout the whole year.
(c) Notwithstanding the provision of paragraph 1, the Company will not be liable For any delay or failure to perform resulting from any cause outside the reasonable control of the Company, 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.
(d) We may amend the Service or restrict access (including cancellation, termination, modification or suspension of a player’s license) from all or specific players without notice and liability. Additionally, the Service may be unavailable depending on geographic location.
(a) You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game 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 COMPANY or its licensors.
Any and all Player Content submitted to The Company shall be deemed, and shall remain, the property of The Company from the moment such Player Content is created. The Company shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all Player 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 Player Content is hereby irrevocably assigned to The Company, together with all intellectual property rights therein. To the extent any of the Player Content is not assignable, by submitting Player Content to The Company, you agree that The Company 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 Player 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 Player Content. You also give up any claim that any use by The Company of any Player 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.
The Company has no obligation to monitor or supervise the Player Content, and expressly disclaims any representation that we will monitor or supervise such features and/or Player Content. However, we expressly reserve the right, but not the obligation, in our sole discretion to monitor, screen, edit, block or remove any Player Content, in whole or in part, sent through or appearing on our Service. The Company and its designees shall have the right to block or remove, in whole or in part, any Player Content that is in violation of this Terms of Service, is illegal, infringing or otherwise offensive or objectionable.
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 COMPANY from others, and COMPANY and COMPANY’s licensors may protect their rights in the event of any violation of this agreement.
(b) The Company has the ownership, licensing rights and all other rights to all content related to the game. You have the right to use in-game data (items, game currency, etc) or similar content in the game in accordance with Terms of Service. However, you do not own the copyrights and other rights about the in-game data you possess. You are not allowed to transfer, sell, donate, or attempt to trade virtual property outside of the game is not permitted except in the case of acquiring a written approval from the Company and any actions violating ownership may be subject to penalty in accordance with Terms of Service and Rules of Conduct.
5. Disclaimers & Indemnifications
By using the Service, you agree to defend, protect, indemnify and hold harmless to the Company 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 the Company’s policy. The Company reserve the right to assume exclusive defense and control over all matters subject to indemnification by players.
(a) The Company shall be exempted from any liability for any interruption of the service, the use of the service, or termination of the contract due to player’s fault.
(b) The Company shall be exempted from any liability if the telecommunications providers cease or fail to provide the telecommunication service. So players shall be liable for any damages incurred during failure of telecommunication service unless there is intentional or gross negligence from the Company.
(c) The Company shall be exempted from liability of any unavoidable reasons that caused Service failure, such as maintenance, replacement, regular inspection, construction, etc. unless there is intentional or material negligence of the Company.
(d) The Company is exempted from liability for any problems caused by the player’s gaming console or problems related to the network environment without any intention or serious negligence of the Company.
(e) The Company shall be exempted from liability for the contents of the information, data, facts, reliability, accuracy, etc. posted or transmitted by the player or a third party in the service or on the official website of the company, unless there is intentional or gross negligence of the company.
(f) You are solely responsible for your interactions with other players and/or third parties when using the Service. We may, at our sole discretion, attempt to mediate disputes between players, but we are not obliged to become involved or become liable in any way with such disputes.
(g) In the case of Service provided free of charge by the Company, the Company shall not be liable for damages unless there are intentional or material negligence of the Company.
(h) Some of the services may be provided by other service providers, and the company is exempted from liability of the damages caused by other services providers, unless there are intentional or material negligence of the company.
(i) The Company shall not be liable when players fail to receive expected result of the in-game items and the Company is not liable for any loss involved when making selection or using the Service, unless there are intentional or material negligence of the company.
(j) The Company shall be exempted from liability for loss of in-game assets, items, BP, crates from the player, unless there are intentional or gross negligence of the Company.
(k) The Company may limit the use of the service from players 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.
6. 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, COMPANY 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, COMPANY does not ensure continuous, error-free, secure or virus-free operation of the COMPANY 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.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY 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 THE COMPANY 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 THE COMPANY 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.
8. Period and Termination
These Terms of Service are effective unless and until terminated by either you or the Company. The Company and the player may terminate these Terms of Service at any time without prior notice. Termination by the Company will come into an effect immediately upon the termination or deletion of your account, which can occur at any time in the Company’s sole discretion. You may terminate Terms of Service by withdrawing Terms of Service in the game settings not using the Game, and you must stop using the Game and delete the Game immediately upon termination of Terms of Service. The game will not be refunded even if the player terminates the Terms of Service.
9. Transfer of Terms and Conditions
The Company may assign any or all of these terms and conditions to any third party at any time. You shall not transfer these Terms of Service without the Company’s prior written consent, and any transfer without written consent from the Company will not count.
10. Grievance Handling and Dispute Resolution
(a) The Company shall inform on the Company’s website about the ways that players can present their opinions or complaints considering the any of the inconveniences implied to the players. The Company operates as a dedicated organization to handle such player’s opinions and complaints.
(b) If a dispute arises between the Company and the player and the Third Party Dispute Arbitration Body becomes involved in adjusting such grievance, the Company shall faithfully demonstrate the measures taken on the player, including restrictions of usage, and may comply with result of the arbitration.
Because COMPANY would be irreparably damaged if the Terms of Service were not specifically enforced, you agree that COMPANY shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
12. Governing Law
If a dispute arises between you and COMPANY, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and COMPANY agree to resolve any claim or controversy at law or in equity that arises from or relates to this Terms of Service or our service (a “Claim”) in accordance with one of the subsections below.
The Terms of Service and the relationship between you and COMPANY shall be governed in all respects by the laws of the Republic of Korea without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
You and COMPANY agree to submit to the exclusive jurisdiction and venue of the courts located in the Republic of Korea. Notwithstanding this, you agree that COMPANY is allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than Ten Thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All Claims you bring against COMPANY must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section will be considered improperly filed. If you file a Claim contrary to this Dispute Resolution Section, COMPANY may recover attorneys’ fees and costs up to One Thousand U.S. Dollars ($1,000.00 USD), provided that COMPANY notifies you in writing of the improperly filed Claim and you fail to promptly withdraw the Claim.
13. 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 Game or 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.
14. Copyright Notice
If you think any materials from COMPANY Corporation and/or COMPANY branded websites infringe your copyright-protected work under the copyright law, you may provide an infringement notice to the Company’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; and
(e) Your physical or electronic signature.
The contact information of Company’s designated agent is as follows:
Attn: Legal Affair Department Agent
6, 7, 8F 12, Seocho-daero 38-gil Seocho-gu, Seoul, the Republic of Korea
Email: [email protected]
(a) Terms of Service can be found at any time from the Company’s official website.
(b) The Company may change these terms and conditions at any time if necessary to the extent that is consistent to applicable laws and regulations.
(c) You are responsible to check the Company’s official website regularly to make note of the changes. Your continued use of the Service means that you accept and agree to any changes of Terms of Service.
(d) COMPANY may provide updates, patches and other modifications to the Game that must be installed for the player to continue to play the game properly or at all. COMPANY may update, patch or modify the Game remotely and access the Game residing on your machine for such purpose, and you hereby grant to COMPANY the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the Game shall also include all such patches, updates and modifications.
16. Other policies
This Agreement represents the complete agreement between you and COMPANY concerning the License and your rights to use the Game, and supersedes all prior agreements and representations, warranties or understandings between you and COMPANY (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
If you have any questions concerning this Agreement or the License contained therein, you may contact COMPANY at 6F, 7F, 8F Majestar City Tower 1, 12, Seocho-daero 38-gil, Seocho-gu, Seoul, Republic of Korea, Attn. Legal Department.
This Terms of Service has been translated into other languages for the convenience of the players. In case of any discrepancies between the English version and the other versions, the English version shall prevail. However, Korean Terms of Service shall prevail for Korean players.