BATTLEGROUNDS MOBILE INDIA
HOME Terms of Service
Effective Date : 21 / 11 / 2024
WELCOME TO BATTLEGROUNDS MOBILE INDIA HOME! If you have any questions about, or if you wish to send us any notices in relation to, this BATTLEGROUNDS MOBILE INDIA HOME Terms of Service, please contact us at help.battlegroundsmobileindia.com/hc/en This BATTLEGROUNDS MOBILE INDIA HOME terms of Service applies specifically to your access to and use of the BATTLEGROUNDS MOBILE INDIA HOME feature (the “PROGRAM”) offered for use with BATTLEGROUNDS MOBILE INDIA (the “GAME”) By accessing or using the PROGRAM, you agree to be bound by this PROGRAM Terms of Service between you and KRAFTON, Inc., with its registered office at 28~35F, 231, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea (“KRAFTON”, “Company”, “we”, “our” and “us”). "Software" refers to all computer code, scripts, applications, features, libraries, databases, interfaces, and other related assets included in the GAME. This encompasses all digital elements used for the execution, interaction, and functionality of the GAME. You must only use the PROGRAM: • if you are a registered user of the GAME and you have agreed to the Terms of Service of the GAME at “www.battlegroundsmobileindia.com/terms"(“GAME Terms of Service”); • if you agree to this PROGRAM Terms of Service; • if you can lawfully enter into this PROGRAM Terms of Service with us in accordance with applicable laws and regulations; • if you are a minor, we have valid consent from your parents or legal guardian; and • if applicable laws and regulations permit you to use the PROGRAM where you are when you use it. Unless otherwise stated in this PROGRAM Terms of Service, the terms of the GAME will govern your use of the PROGRAM and you agree to comply with the applicable terms of that GAME Terms of Service in connection with your use of the PROGRAM. Unless otherwise stated in this Terms of Service, all references to Licensed Items in the GAME Terms of Service (including as included in the definition of Software) apply to the PROGRAM. You must also comply with this PROGRAM Terms of Service in your use of the PROGRAM. Please review this PROGRAM Terms of Service and our policies and instructions to understand how you can and cannot use the PROGRAM. LICENCE TO USE THE PROGRAM Subject to the terms of this PROGRAM Terms of Service, we grant you a limited, non-exclusive, non-sublicensable, non-transferrable and revocable license to access and use the PROGRAM solely in connection with your use of the GAME for your own personal and non-commercial use in accordance with any instructions, user guides, FAQs or other requirements specified by us from time to time and this PROGRAM Terms of Service. OWNERSHIP i) All content provided by us for your use in the PROGRAM is the property of the Company, including intellectual property rights in and connected with the PROGRAM 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 PROGRAM, and any related documentation (the “PROGRAM CONTENT”), are owned by Company or its licensors. ii) All in-game customizable GAME features within the PROGRAM, are defined as "CUSTOM CONTENT." Any and all CUSTOM CONTENT that is created in the PROGRAM, to the extent that Company is not permitted to own the CUSTOM CONTENT for any reason (for example there may be specific laws in your territory which impact these rights being automatically vested in the Company), you agree that CUSTOM CONTENT is hereby transferred and assigned to the Company. If any of your CUSTOM CONTENT cannot be transferred to the Company, you agree that the Company will be allowed, directly or indirectly, throughout the world and forever, to use the CUSTOM CONTENT (including to modify, adapt, use, reproduce, license, publish, broadcast, perform, sell, translate, create derivative works from and distribute any CUSTOM CONTENT for any purpose, commercial or otherwise, in any format existing now or in the future), without payment or credit to you. You also forfeit any right to claim that any use by the Company of any CUSTOM CONTENT infringes 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 any credits for the material or ideas set forth therein. ivii) 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 relevant laws. All rights are reserved worldwide. The Game contains certain materials licensed by Company from others, and Company and its licensors may protect their rights in the event of any violation of these Terms. PROHIBITED USE You agree not to use the PROGRAM to upload or create: • Content that provokes feelings of disgust; • Content that may lead to racial conflicts; • Content that may cause social issues; • Content that may instigate religious conflicts; • Content that may be used for political (e.g., degrade a specific country) purposes; • Content created for advertising purposes; • Content that encourages self-harm; • Content that infringes upon the intellectual property rights, contractual rights, confidentiality/privacy rights, and other rights of a contracting party or a third party; • Content that is obscene or morally objectionable. • Content that is not compliant with applicable laws or regulations; • Content that involves references to discrimination, hatred, racial discrimination, bullying, or other harmful actions to individuals or groups of people; or • Content that promotes harmful actions such as violence, money laundering, gambling, terrorism or contains depictions of threatening or bullying of an individual or groups of people. You acknowledge, understand and agree that we may, in our sole discretion, modify, remove, delete or otherwise suspend access to PROGRAM CONTENT, at any time without notice to you. DISCLAIMER AND LIMITATION OF LIABILITY THE PROGRAM IS MADE AVAILABLE TO YOU “AS-IS”. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING YOUR PARTICIPATION IN THE PROGRAM OR THE RELIABILITY OR AVAILABILITY OF THE PROGRAM OR ANY OTHER SERVICE. The PROGRAM may be changed or suspended temporarily and without notice for any reason, including where we decide to end the PROGRAM (in whole or in part), in the case of system failure, maintenance or repair, or for reasons beyond our reasonable control. You acknowledge that use of the PROGRAM is at your sole risk. Company does not make any promises that you will be able to enjoy continuous, error-free, secure or virus-free operation of the PROGRAM. If for any reason your submission, including any CUSTOM CONTENT, is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is another submission in the PROGRAM. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES OR SUBSIDIARIES OR ITS GAME AND PROGRAM PARTNERS BE LIABLE FOR DIRECT OR INDIRECT DAMAGES, LOSSES OR INJURIES ARISING UNDER, RELATING OR IN CONNECTION WITH THESE TERMS OR THE PROGRAM. INDEMNITY AND WARRANTIES YOU AGREE TO INDEMNIFY US, GAME AND PROGRAM PARTNERSAND OUR AFFILIATES AND SUBSIDIARIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF THE PROGRAM; (II) ANY PROGRAM CONTENT YOU CREATE OR UPLOAD; OR (III) YOUR BREACH OF THIS PROGRAMS TERMS OF SERVICE. TERM, SUSPENSION AND TERMINATION The license granted to you under this PROGRAM Terms of Service will commence on the earlier of the date that you: (i) accept the PROGRAM Terms of Service; or (ii) access or use the PROGRAM. The license will expire with respect to the PROGRAM on the date upon which you uninstall the PROGRAM or the license is terminated by us. GOVERNING LAW AND JURISDICTION This Agreement shall be governed by and construed under the laws of the Republic of Korea, and any disputes arising out of or in connection with this Agreement shall be finally settled by arbitration by the Korean Commercial Arbitration Board in accordance with the International Arbitration Rules of the Korean Commercial Arbitration Board. The number of arbitrators shall be one. The seat, or legal place, of arbitral proceedings shall be Seoul, the Republic of Korea. In any action or suit to enforce any right or remedy under this Agreement, to interpret any provision of this Agreement, or to settle a dispute between the parties, the prevailing party will be entitled to recover its costs, including reasonable attorneys’ fees and expense. GENERAL This PROGRAM Terms of Service and the BATTLEGROUNDS MOBILE INDIA Terms of Service constitute the entire agreement between you and us in relation to the PROGRAM and PROGRAM Content. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be amended only to the extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect. Effective date: 2024/11/21 |