Effective Date: March 15, 2023
Welcome to XOGAMES Inc. These terms of service ("Terms") govern your access to and use of our games and services (the "Services"). Please read these Terms carefully before using the Services. By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.
License
Subject to your compliance with these Terms, XOGAMES Inc. grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. You may not use the Services for any other purpose without the prior written consent of XOGAMES Inc.
Eligibility
You must be at least 13 years of age to use the Services. If you are under 18 years of age, you must have your parent or legal guardian's permission to use the Services. By using the Services, you represent and warrant that you are 13 years of age or older, or that you have your parent or legal guardian's permission to use the Services.
User Accounts
To use certain features of the Services, you may be required to create a user account. You agree to provide accurate, complete, and current information during the registration process and to update such information as necessary to keep it accurate, complete, and current. You are responsible for safeguarding your password and for any activities or actions that occur under your account. You agree to notify XOGAMES Inc. immediately of any unauthorized use of your account or any other breach of security.
Prohibited Conduct
You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not use the Services for any illegal or unauthorized purpose, and you may not engage in any conduct that violates these Terms or any applicable laws or regulations. Without limiting the foregoing, you may not:
Use the Services to transmit or distribute any content that is unlawful, defamatory, libelous, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent.
Use the Services to transmit or distribute any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party.
Use the Services to transmit or distribute any viruses, worms, Trojan horses, or other harmful, disruptive, or destructive files.
Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
Use any robot, spider, scraper, or other automated means to access the Services for any purpose without XOGAMES Inc.'s express written permission.
Reverse engineer, decompile, or disassemble any aspect of the Services or attempt to discover any source code or underlying ideas or algorithms of the Services.
Modify or create derivative works based on the Services or any portion thereof.
Ownership
The Services and all content and materials contained therein, including without limitation, the software, graphics, images, text, and other materials (collectively, the "XOGAMES Content"), are owned or licensed by XOGAMES Inc. and are protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. You may not use or reproduce any XOGAMES Content without XOGAMES Inc.'s express written permission.
Termination
XOGAMES Inc. reserves the right to suspend or terminate your access to the Services, in whole or in part, at any time and without notice, for any reason, including without limitation, if you violate these Terms or any applicable laws or regulations. Upon termination, all licenses and other rights granted to you in these Terms will immediately terminate, and you must cease all use of the Services.
Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. XOGAMES INC. DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. XOGAMES INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE ACCURATE OR UP-TO-DATE.
Limitation of Liability
IN NO EVENT WILL XOGAMES INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER OR NOT XOGAMES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify, and hold harmless XOGAMES Inc., its affiliates, and their respective officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Services or your breach of these Terms.
Governing Law and Venue
These Terms and your use of the Services will be governed by and construed in accordance with the laws of South Korea, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or relating to these Terms or your use of the Services will be brought exclusively in the courts of South Korea.
Miscellaneous
These Terms constitute the entire agreement between you and XOGAMES Inc. with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and XOGAMES Inc. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision.