END USER LICENSE AGREEMENT
This end user license agreement (“EULA”) applies to and governs the use of all games, related online services and other software and products made available by DONAMIC (together the “Game(s)”) as well as any other online features relating to the Games including our websites (the “Websites”), our mobile applications (the “Applications”), and User Customer Center (the Customer Center”), unless specifically stated otherwise (referred each as a “Service,” collectively the “Services”).
Pleae read the following carefully before using, downloading, purchasing or installing any of the Games (including any Virtual Items (defined below) and the related Online Service (defined below)) or using the Website. By doing any of the foregoing, you are agreeing to be bound by and become a party to this EULA which can be found on our Website. If you do not agree with the terms of this EULA, you may not use, download or install any of the Games (including any Virtual Items and the related Online Service) or use the Website.
1.1. THESE TERMS CREATE A LEGALLY BINDING AGREEMENT between you (“User” or “You”) and DONAMIC (“DONAMIC”, “We” or “US) in relation to the Services.
1.2. Eligibility of User: You represent and agree that you have the legal capacity to agree to the terms of this EULA in the country where you reside. You agree to comply with the terms of of this EULA on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to use our Services using your account. You further agree that you are entirely liable for all activities conducted through your account, and are responsible for ensuring that you and your children are aware of, understand, and comply with the terms of this EULA and all other related policies, notices and agreements.
2. About Accessing and Using Our Services
2.1. Limited Use License: DONAMIC hereby grants a limited, non-exclusive right and license to you for you to download, install and use the Games for your personal, non-commercial use only on compatible devices that are owned by you, subject to the terms of this EULA. Further, DONAMIC grants you a limited, non-exclusive right and license to use other Services for your personal, non-commercial use only. This EULA and your use of the Services do not give you any rights of ownership in any property tangible or intangible (including without limitation in any Virtual Item).
2.2. The Games comprise of copyright works of DONAMIC and/or its licensors. The Games are licensed, not sold. The license granted to you by Paragraph 2.1 confers no title or ownership in the Services. The Services are solely for personal, non-commercial use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the Games or Services not in accordance with the terms of this EULA is expressly prohibited.
2.3. Revocation of Limited License; Change of Services: We reserve the right to revoke the limited license granted to you herein in our sole and absolute discretion. We may also, in our sole and absolute discretion, limit or terminate your right to access or use our Services or part thereof, maintain or delete your account and any items associated therewith, including but not limited to any Virtual Currency or Virtual Items (as defined below), without any liability to you. YOU UNDERSTAND AND AGREE THAT YOU WILL NOT BE COMPENSATED UNDER ANY CIRCUMSTANCES FOR ANY VIRTUAL CURRENCY, VIRTUAL ITEMS, ANYTHING ELSE ASSOCIATED WITH YOUR ACCOUNT, OR FOR ANY OTHER REASON WHATSOEVER, REGARDLESS OF WHETHER YOU ARE BARRED FROM ACCESS TO THEM AS A RESULT OF REVOCATION OF THE LIMITED LICENSE OR CHANGE OF OUR SERVICES.
In addition, we reserve the right to change all or part of our Services without any liability to you, at any time without any prior notice to you. Without limiting the generality of our rights reserved in the foregoing, we may modify our Services: (a) for technical support; (b) to improve user experience; or (c) for compliance with laws and regulations.
Furthermore, we may terminate all or part of our Services without any liability (a) if it no longer makes business sense for us to provide such Services; or (b) if we decide to provide different Services.
2.4. System Outage: There may also be times when our Services or any part thereof are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. You agree that DONAMIC has no responsibility and is not liable for unavailability of the Services or any part thereof, any loss of materials, data, transactions or any other information or materials caused by such system outages, or other losses whatsoever resulting from such system outage.
2.5. Game Rules: The specific game rules, scoring rules, controls and guidelines for each Service can be found within the Service itself. Such specific game rules, scoring rules, controls and guidelines form part of the EULA and you agree that you shall comply with them in respect of each individual Service which you choose to access and/or play.
2.6. Third Party Charges: You are responsible for the internet connection and/or mobile charges that you may incur while using the Services. You should consult with your mobile carrier if you are unsure what these charges will be before you play or use the Services. In addition, we are not responsible or liable to you for any credit card or bank-related charges and fees incurred as a result of your transaction during the use of the Services.
3.1. Guest Account: If you use the Services without creating a DONAMIC account or verifying yourself with your Social Media Account or Third Party Account, we will create and assign to your device a "Guest Account."
Please keep in mind that you may not receive Customer Supports for the Virtual Currency or Virtual Items for which you have paid if you: (a) change your mobile device, (b) modify or reset your mobile device, (c) delete a part of, or the whole contents such as application, all without creating a DONAMIC Account (Or transferring your guest account to any type of account authentication methods that we may provide, such as but not limited to the ‘Social Media Account’ specified below.).
3.2. Social Media Account: You may allow our Applications to interact with a third party social network or platform, which will provide data about you to us. If you choose to connect to one of our Websites or Applications through a third-party social network such as Facebook or Apple Game Center (for iOS devices), we may collect personal information from your profile on such third-party social networks, such as your account information, email (ID), profile, username, and photograph. You should ensure that you read their terms of service and privacy policies to understand how they treat your data and what data they might share with us.
3.3. End User Obligations:
- YOU ARE SOLELY AND FULLY RESPONSIBLE FOR KEEPING YOUR LOGIN DETAILS CONFIDENTIAL AND ALL USES OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH THE USE OF YOUR LOGIN DETAILS, WHETHER OR NOT AUTHORIZED BY YOU. You may not use anyone else's account or permit others to use your account at any time. You acknowledge and agree to accept full responsibility for all fees and purchases made through your account (including any unauthorized purchases). DONAMIC will not be responsible to you for any losses resulting from an unauthorized access or use of your account, whether fraudulently or otherwise.
- You may not sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-license, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Games or any part or interest in it to other parties in any way except where a Game expressly permits you to do so through sharing content in that Game on social media.
- You may not engage in any act that DONAMIC deems to be in conflict with the spirit or intent of the Services including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Games.
- You may not attempt to gain unauthorized access to the Services by any means other than the user interface provided by DONAMIC.
- You may not use the Services for any illegal purposes.
3.4. Termination of Inactive Account: We reserve the right to terminate, separate your account information in order to protect your personal information if your account has not been accessed for more than 1 year since your last accessed time (Dormant Account). In such an event, you will no longer be able to access and/or use the Services using the terminated account. Any Virtual Currency and/or Virtual Items associated with the terminated account will also be deleted, and no refund will be offered to you with respect to such Virtual Currency or Virtual Items deleted.
3.5. Effect of Account Termination: You understand that if you delete your account, or if we terminate and/or delete your account in accordance with the EULA, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in the Game and any Virtual Currency or Virtual Items associated with your account).
4. Virtual Items and Virtual Currency
4.1. Our Services may require the use of fictional Currency such as coins, gold coins and points ("Virtual Currency") and virtual items or services for use with our Services ("Virtual Items"). You can buy Virtual Currency as well as vitual items from us with cash or credit if you are legally an adult in your country of residence. You agree that you will only purchase Virtual Currency and/or Virtual Items from us or a third party store approved by us, and not from any other third party. We reserve the right to charge fees for the right to access or use Virtual Currency or Virtual Items, and to revise the perceived value or pricing for any Virtual Currency or Virtual Items. We may decide to distribute Virtual Currency or Virtual Items without charge, in our sole discretion.
4.2. You do not own Virtual Items or Virtual Currency but instead you purchase a limited revocable license to use Virtual Items or Virtual Currency exclusively within the Services. Any storage of Virtual Items or balance of Virtual Currency does not reflect any cash or stored value. You have no other rights, title or ownership with respect to Virtual Currency or Virtual Items. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY OR VIRTUAL ITEMS HAVE NO CASH VALUE AND CAN NEVER BE EXCHANGED FOR ACTUAL CASH, ITEMS OR SERVICES FROM US OR ANYONE ELSE.
4.3. You agree that all sales of Virtual Currency and Virtual Items are final. Your license to use Virtual Items or Virtual Currency is granted immediately upon your purchase. Once the transaction is complete, no refund will be accepted by us.
4.4. We reserve the right to control, regulate, change or remove any Virtual Currency or Virtual Items in our sole discretion and without any liability to you.
4.5. We prohibit and do not recognize any transfer, sale, gift or trade of Virtual Currency or Virtual Items effectuated outside of our Services, unless expressly authorized by us. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.
5. User Conduct and Content
5.1. You must comply with the laws that apply to you in the location from which you access our Services. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing, using and/or playing our Services.
5.2. You represent that all the information you provide to us while accessing and/or using our Services is and shall remain true, accurate and complete at all times.
5.3. Information, data, software, sound, photographs, graphics, video, tags, or other materials (collectively, the "Content”) may be sent, uploaded, communicated, transmitted or otherwise made available via our Services, including through third party platforms, by you or another user. Such Content may be redistributed by us or others through the Services or through third party platforms. You understand and agree that all Content that you may post or transmit when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. For the avoidance of doubt, you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
5.4. You agree not to upload, communicate, transmit or otherwise make available any Content (a) that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable; (b) that is or could reasonably be viewed as invasive of another's privacy; (c) that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred; (d) which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information); (e) which infringes any intellectual property right or other proprietary right of others; (f) which consists of any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; or (g) that may reveal another’s account information used for in-game transactions.
5.5. You agree that you will not:
- use another person or entity's email address in order to sign up to use our Services;
- use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
- disguise, anonymize or hide your IP address or the source of any Content that you may upload;
- use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
- remove or amend any proprietary notices or other ownership information from our Services;
- send, post, share, or use any virus, computer codes, illegal files and programs that interfere with or disrupt our Services, or servers or networks that provide our Services;
- change the Application (or Website) without any special authorization from us, or create, share, use, advertise a program that can modify the Application (or Website);
- hack or reverse engineer the server, leak or modify the source code of the Website), create a separate server, or modify, plagiarize a part of the website to impersonate DONAMIC;
- interfere with or disrupt our Services or damage the reputation of DONAMIC;
- harvest, scrape or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including but not limited to 'pixel tags' cookies;
- sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Currency or Virtual Items;
- use a known or unknown bug or error to abuse the Services, abuse the transaction process to take a refund (withdraw subscription), etc. or be involved in abnormal usage of a relevant third party service;
- disrupt the normal flow of the Services or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Services, or engage in real time exchanges;
- disobey any requirements or regulations of networks connected to our Services;
- use our Services in violation of any applicable law or regulation;
- use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play;
- use our Services in any other way not permitted by the EULA;
- lead other users to carry out the prohibited activities from (a) to (r); or
- be involved in actions that are restricted by relevant laws and institutions which are prohibited by social norms.
5.6. We do not control Content posted on our Services by other users and therefore we do not guarantee the accuracy, integrity or quality of such Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Contentposted, emailed, transmitted or otherwise made available by other users via our Services.
5.7. We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in a violation of our EULA, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by other users that use our Services and we make no undertaking to do so.
5.8. You are solely responsible for your interactions with other users of our Services.
6. Online Service
6.1. DONAMIC provides and maintains certain online functionality, online network play connectivity and interactivity and other online features relating to the Games (“Online Service”) subject to the terms and conditions of this EULA.
6.2. Age Restrictions: DONAMIC does not target the Online Service, Website or the Games to users under 13 years of age. To use the Online Service you must be over the age of 13 years or have your parent’s or guardian’s explicit consent to do so on these terms. By using the Online Service, Game or Website you therefore confirm that you are over 13 years of age and, where you are between the ages of 13 and 17, you confirm that you have your parent’s or guardian’s consent and that your parent or guardian has read and agreed to these terms.
6.3. Some of our Services allow you to compete with or against another User. You may be able to choose to (i) play with another User in the same group, (ii) search for another User through their username inside the Game, or have a close cooperative relationship with another User within the Services (e.g., Friend system inside the game).
6.4. When we select an opponent for you, we may either select at random or use such criteria as we see fit (for example, your past scores or level you have reached in the Game) to select your opponent.
6.5. By accessing and/or using our Services, you agree to your display name, scores, and other related details being displayed to other Users.
You acknowledge and agree that your communications with other Users via the community services are public and not private communications, and that you have no expectation of privacy concerning your use of the community services.
You acknowledge that any personal information that you communicate via the community services may be seen and used by others and may result in unsolicited communications. DONAMIC strongly encourages you not to disclose any personal information about yourself in your communications via the community services. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in submissions or for any results obtained from the use of any such statements or information. Under no circumstances will DONAMIC or its affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the submissions or on any information or materials obtained through the Websites, Services, or any third party platform. We have no obligation to monitor the Websites, Services, any third party platform, or the community services, or any submissions or other materials that you or other third persons or parties transmit or post on the Websites, in the Services, on any third party platform, or in the community services.
7.1. We reserve the right to suspend or terminate your access to our Services (including by deleting your account) and revoke your limited license granted herein, with or without prior notice to you, at any time for any reason or for no reason. In such an event, DONAMIC is not required to provide refunds, benefits or other compensation to Users in connection with such discontinuation of the Services.
7.2. Without limiting the generality of Section 7.1, if we believe that you are in material breach of the EULA (including by repeated minor breaches), we may terminate and delete your account without warning. We may also terminate or suspend your account for any other reason that we in our sole discretion determine appropriate. For the purposes herein, any breach of Sections 5.4 or 5.5 shall be deemed to constitute material breaches of the EULA subject to immediate termination of your account and access to our Services.
7.3. You agree to compensate us for all losses, harm, claims and expenses that may arise from any of your breaches of the EULA.
8. SMS Notifications, Push Notifications & Local Notifications
We may send local or push notifications to your mobile device to make you aware of game updates, promotional events, new game information and other relevant messages regarding the game service. You can manage push notifications from the "options" or "settings" page within the Game.
9. Disclaimer and Release
9.1. Disclaimer of Warranties: THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT, INFORMATION OR SERVICES OBTAINED OR AVAILABLE THROUGH THE WEBSITES OR ANY THIRD PARTY PLATFORM, ARE PROVIDED "AS IS" AND NO REPRESENTATION OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE HAVE BEEN MADE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, OUR AFFILIATES AND OUR SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES AND/OR ANY WEBSITES.
Although we attempt to ensure the integrity and accurateness of the Services, we make no guarantees whatsoever as to the correctness or accuracy of the Services, or that your use of the Services will be uninterrupted, error-free, or secure, or that errors or defects will be corrected, or that the Services, the server(s) on which the Services are hosted, are free of viruses or other harmful components. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
9.2. Statute of Limitation: Any claim or cause of action arising out of or related to use of the Services, including any Services or information available through third party platforms, or the EULA must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred.
9.3. Member Disputes: You are solely responsible for your interactions with other Users of the Services. We may, at its sole discretion, attempt to mediate disputes between Users. We are not responsible and expressly disclaim any liability for any transactions administered by a third party payment service provider and/or store.
9.4. Limitation of Liability: YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU IN THE 100 DAY PERIOD ENDING ON THE DATE OF YOUR CLAIM.
10. Intellectual Property
10.1. You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by Users) is owned by or licensed to us.
10.2. All pages within the Websites and any material made available through Services are the property of DONAMIC and/or its affiliates. The Websites and the Services are protected by federal and international copyright and trademark laws. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing. All rights not expressly granted by the EULA are reserved by DONAMIC.
10.3. In particular, and without limiting the application of paragraph 10.2, you must not make available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Currency and/or Virtual Items, whether on a free of charge basis or otherwise.
10.4. The trademarks, trade names, trade dress, logos, and service marks displayed in the Services or any third party platform, including but not limited to "http://www.donamic.com/" are the registered and/or unregistered trademarks of DONAMIC. All other trademarks, service marks and logs used in the Services are the trademarks, service marks or logos of their respective owners.
10.5. By submitting Content via our Services you: (a) are representing that you are fully entitled to do so; (b) grant us and our designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, edit, adapt, modify, host, store, publish, create derivative works of, publicly perform, display, market, advertise and sell your Content and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you; (c) acknowledge that you may have what are known as "moral rights" in the Content (for example the right to be named as the creator of your entry and the right not to have your work subjected to derogatory treatment), and agree to waive any such moral rights you may have in the Content; and (d) agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
10.6. You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other User of our Services.
10.7. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement. If you believe in good faith that materials hosted by us infringe your intellectual property rights, then please contact us by accessing the Customer Center in our Services and provide the following information:
- a description of the intellectual property rights in reasonably sufficient details and an explanation as to how they have been infringed;
- a description of the infringing material and where the infringing material is located;
- your address, phone number and email address at which we can contact you;
- a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
The notice of your claim may also be submitted in writing to our designated agent as follows: The One BD 2F, 14-8 Teheran-ro 78-gil, Gangnam-gu, Seoul, 06194 KOREA Email: firstname.lastname@example.org
11.3. You acknowledge that the Websites and Services may not be private or secure, and we may have no guarantees whatsoever. You are responsible for taking necessary and appropriate precautions and security measures best suited for your use of the Services.
12. Blockchain-based Contents
12.1. The Service provided by DONAMIC includes blockchain-based contents. DONAMIC provides blockchain-based contents in connection with service of a third party company. To use blockchain-based contents, the user must agree to the terms of the third party company and complete user registration. The use of blockchain-based contents is not a requirement for the use of the Service, and You are able to decide whether to use this.
12.2. Definitions: The blockchain-based “digital asset” in the Service are in the forms “NFT” and “FT”. (a) "Digital asset": Refers to blockchain-based items or data existing in digital form. Digital assets include, but are not limited to, NFT, FT, cryptocurrency and game token. (b) "NFT(Non-Fungible Token)": Non-fungible token refers to all digital assets on the blockchain that cannot be exchanged with other tokens. Specific items in the JOYCITY game are provided in NFT. (c) "FT(Fungible Token)": Fungible token refers to all digital assets on the blockchain that can be exchanged with other tokens. Specific items in the JOYCITY game are provided in FT.
12.3. DONAMIC can designate some of the items of the Service provided as NFT/FT content targets, and has the right to change, add, or cancel designated items at any time at our discretion.
12.4. You agree that DONAMIC does not guarantee the permanence of value or existence of the items designated as NFT/FT items.
12.5. The NFT/FT items owned by You is contents that are included or linked with our Service, and You agree that the values of NFT/FT contents can be affected through updates, service change, termination, etc. based on the direction of our operations.
12.6. All issues caused by the use of NFT/FT contents are a result of executions personally made by You upon agreement, thus DONAMIC is not responsible for the situation.
12.7. Blockchain assets characteristically have very high variability, thus DONAMIC has no responsibility or duties related to compensation for damages occurring from value variations in the designated NFT/FT content items.
12.8. You are solely responsible for your NFT/FT content items, and DONAMIC takes no responsibility for any loss in value of your items.
12.9. Blockchain related regulations and provisions are incomplete and uncertain, and new regulations and policies could affect blockchain-based contents included in the Service.
We may provide links to third party websites or services within our Services solely as a convenience to you. You understand that we do not control any contents, items or services by such third party. We do not make any representations or warranties whatsoever about any other website that you may access through our Services, and we do not endorse the same. Access and use of the linked site or services is solely at your own risk and responsibility, and you acknowledge and agree that we are not responsible or liable to you, directly or indirectly, for any losses or harm caused by your use of the linked website or services, and any contents, information, advertisement, or other links therein.
You may not transfer or assign any of the rights or licenses granted to you hereunder without our prior written consent. However, we may transfer or assign all or a part of our rights or responsibilities under the EULA to someone else without obtaining your consent and without any restriction.
16. Non-excluded liabilities
Notwithstanding Section 9, nothing in the EULA limits our liability for fraud, willful injury or violation of law, or any other liability which may not by law be excluded.
You agree to indemnify, defend and hold harmless DONAMIC, its officers, directors, affiliates, parents, subsidiaries, partners, employees, consultants, representatives, and agent from and against any and all liabilities, claims, losses, damages, expenses, and costs (including reasonable attorneys' fees and court costs) that may arise from any breach by you of the EULA, your access to and use of the Services.
18. Entire Agreement
The EULA set out the entire agreement between you and us relating to the subject matter herein, and they supersede and replace any and all earlier agreements and understandings between you and us. A person who is not a party to the EULA has no right to rely upon or enforce any part of the EULA.
If any provision of these Terms is found to be illegal or unenforceable, that provision will be severed. The remainder of the Terms will remain in full force and effect. The severed provision will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
21. Waivers of Our Rights
Our failure or delay to exercise or enforce any of our rights under the EULA does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
22. Governing Law
The EULA are governed by and constructed in accordance with the laws of the Republic of Korea without regard to its conflict of law provisions. You and DONAMIC hereby agree that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of the Service or the relationship between you and DONAMIC, shall be brought exclusively to the Seoul Central District Court in the Republic of Korea.
The provisions of Sections 2.2, 2.3, 2.5, 3, 4, 5.3, 7, 9, 10, 16, 17, 18, 19, 20, and 21, 22, and all representations by you hereunder, will survive any termination of the EULA.
24. Questions about the EULA
If you have any questions about the EULA or our Services, you may contact us via customer center provided within the Services, or at: email@example.com