JOYMAX Terms of Use

TERMS OF USE

These Terms of Use are an agreement between Joymax Co., Ltd., including any subsidiary or affiliate (collectively “JOYMAX”) and any person (referred to as “you”) who accesses any website or online service operated by JOYMAX (collectively “JOYMAX services”). You are explicitly agreeing to these Terms of Use when you check “Agree” on any Joymax service. If you do not agree with any of the Terms of Use then you can choose not to use the JOYMAX services (except that the Terms of Use will still apply to any JOYMAX services you utilized before your decision to discontinue use). JOYMAX reserves the right to change these terms, at any time, with or without providing notice to you. Therefore, you should check these Terms of Use, from time to time, to learn about any changes.

VIOLATION OF TERMS OF USE

JOYMAX reserves the right to take any legally acceptable corrective action, in its sole discretion, for any violation of these Terms of Use. The types of corrective action which may be taken by JOYMAX will depend on the nature and severity of the violation. Some of the corrective actions are discussed in more detail in other sections of these Terms of Use.

TERMINATION OF RIGHT TO USE JOYMAX SERVICES

JOYMAX has the right to refuse to provide services to any person or entity, at any time, for any legally permissible reason, whether or not there has been a breach of the express terms of these Terms of Use.

PRIVACY POLICY

Our Privacy Policy, which is contained in a separate document, is incorporated herein by reference and is considered to be a portion of the Terms of Use to which you have agreed.

SOFTWARE LICENSE, INCLUDING RESTRICTIONS

JOYMAX makes certain software, including updates, available for you to download in order to participate in JOYMAX services. JOYMAX also makes other software, or the interfaces thereto, available for you to use in order to participate in JOYMAX services. All such software is the copyrighted property of JOYMAX or is licensed by JOYMAX from the copyright holder. You are hereby granted a personal, non-exclusive, non-transferable, limited license to use that software only for using JOYMAX services, provided by JOYMAX, in a manner which is consistent with these Terms of Use. You are authorized to make additional copies only for your personal use, in a manner consistent with this software license, or for backup purposes. You agree that JOYMAX is the owner of the software for copyright purposes and for all other intellectual property rights anywhere in the world and you agree that JOYMAX retains all rights which such laws grant to the owner. You may not modify or alter the software, you may not create any derivative works from the software and you may not disassemble or use the software to reverse engineer the software.

SOFTWARE WARRANTY

Any software which you obtain from JOYMAX is subject only to the express warranties provided in any separate software license agreement. JOYMAX EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWED BY ANY APPLICABLE LAWS, ANY IMPLIED WARRANTIES INCLUDING THE WARRANTIES OF MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE. THIS WARRANTY IS NOT SUBJECT TO MODIFICATION BY COURSE OF DEALING.

OWNERSHIP OF CHARACTERS AND OTHER ASPECTS OF THE JOYMAX SERVICES

All rights and title to the JOYMAX Services remains with JOYMAX. This INCLUDES, but is not limited to, the portion of the Services which are enjoyed, viewed and sometimes controlled by the User, including, but not limited to, account information, themes, sounds, characters, names of characters, names of objects, artwork, animation, moral rights, dialogue from both users and computer generated characters. For example, and without limitation, this means that JOYMAX can prohibit and is not obligated to recognize as valid any sale, trade, barter or other exchange of the right to a Character, or an item, or a User Account.

LIMITATION OF LIABILITIES

JOYMAX, INCLUDING ITS EMPLOYEES, AGENTS AND SHAREHOLDERS, SHALL NOT BE LIABLE IN ANY CIRCUMSTANCES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY FOR DAMAGES, WHETHER TERMED AS INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, COST OF SUBSTITUTE SERVICES, GOODWILL, HARM TO REPUTATION OR ANY OTHER. THIS PROVISION APPLIES TO ANY CLAIM BASED ON THE USE OR PROBLEMS WITH THE USE OR DELAY IN THE USE OR INABILITY TO USE THE JOYMAX SERVICES, EVEN WHERE THE SOLUTION TO THE PROBLEM IS ALLEGED TO HAVE BEEN WITHIN THE CONTROL OF JOYMAX AND EVEN WHERE IT IS ALLEGED THAT JOYMAX KNEW, OR SHOULD HAVE KNOWN, OF THE PROBLEM OR THE POTENTIAL FOR DAMAGES.
It is agreed that this Limitation of Liabilities is an essential part of these Terms of Use. If you are not willing to agree to this Limitation of Liabilities then JOYMAX is not willing to provide you with access to the JOYMAX services. If you use the services, in any way, then you are accepting this Limitation of Liability. Some jurisdictions may restrict or deny the ability of JOYMAX to disclaim warranties and/or damages. In such circumstance, or in any other event where a court, arbitration or other tribunal determines that the Limitation of Liabilities should be disregarded, then you agree that the absolute maximum damages which you may be entitled to receive from Joymax, including all forms of damages, fines and penalties, is the sum of $100.

INDEMNIFICATION

You agree that you will defend, indemnify and hold JOYMAX (including its employees, agents, officers and directors) harmless from and against any lawsuits, claims, fines, penalties, settlement and judgments (including attorney’s fees and costs) which result from your breach of these Terms of Use by you or from any violation of the law by you relating to your use or abuse of the JOYMAX services.

WARNING ABOUT POTENTIAL HARMFUL PHYSICAL AND MENTAL EFFECTS

In rare circumstances some people may suffer adverse physical, emotional or mental injury from use of computers and online gaming systems. This can include, but is not limited to, seizures (which can be mild or very serious), nausea and eye strain. Some people also claim that they have become emotionally dependant on gaming. IF YOU EXPERIENCE ANY UNUSUAL MEDICAL SYMPTOMS YOU SHOULD DISCONTINUE USING JOYMAX SERVICES UNTIL YOU HAVE CONSULTED A MEDICAL PROFESSIONAL.

INTERNATIONAL USAGE LIMITATIONS

JOYMAX services are accessible, through the internet, on a worldwide basis. However, JOYMAX does not warrant or represent that the JOYMAX services are fully compliant, or will remain fully compliant, with legal requirements in every geographic location. Usage of the JOYMAX services from any geographic location where they are not fully compliant with legal requirements constitutes a violation of these Terms of Service. You are responsible for the payment of any taxes, fines or penalties which are owed to any governmental authority as a result of your usage of the JOYMAX services.

NO PROMISE OF EDITING OR MONITORING

JOYMAX employees will, from time to time, undertaken to monitor, supervise and handle violations of these Terms of Use and to apply other standards to enhance the enjoyable use of JOYMAX services. However, JOYMAX does not and cannot ensure that all inappropriate user speech and conduct will be noted, reviewed or dealt with. All users must assume that they will, from time to time, encounter communications or conduct which they might find offensive, annoying or even illegal. You should only use the JOYMAX services if you are willing to assume responsibility for any consequences which might result from exposure to such communications and conduct, whether by you or by any person to whom you have provided access to the JOYMAX services.

JOYMAX SERVICES POLICIES

These policies are part of the Terms of Use, and are provided in an effort to provide guidance to users of JOYMAX services. The policies here will be revised, from time to time, based on circumstances determined by JOYMAX. The final interpretation of these policies is in the sole discretion of JOYMAX.

1. Definitions of the Terms used in these Service Policies.

① "Services" means the use of the JOYMAX website content including, but not limited to, the games and other programs which are linked to the JOYMAX websites available through the internet.
② "User Account" shall mean the relationship under which a person or an entity has the right to utilize a User Name to access the JOYMAX Services, subject to the right of JOYMAX to limit, refuse or terminate such access.
③ "User Name" means the combination of English letters and numbers selected by the user and accepted by JOYMAX in order to distinguish each user. This term, when used with the initial capital letters, does not refer to the real name of the user.
④ “Service Agreement" means the Terms of Use.
⑤ “JOYMAX.COM account information” (also referred to as "account information")" means information identifying a particular User Account including User name, Password, and other information collected during registration.
⑥ "Password" means a combination of characters and numbers chosen by the User for user identification and protection.
⑦ "Game Character” (also referred to as the "character") means the data (including, but not limited to, name, level, experience, weapons, clothing, etc.) which is utilized by the User to participate in online games.
⑧ "Premium Service" refers to the actions and operations related to the purchasing, utilizing money, of certain goods or services that may be used to access a game or within a game.
⑨ "Free Service" and "Standard Service" refers to all JOYMAX Services that are not Premium Services

2. Activating Account Information

1. A User Account will be effective only if the User agrees to these Terms of Use and provides other information pursuant to which JOYMAX elects to activate that User Account.
2. Each User Name, even if owned by a single User, must separately agree to these Terms of Use.
3. If the User will be an entity, rather than an individual, the name of the entity must be related to its IP address.
4. All of the Account Information provided to JOYMAX must be true and accurate, except for those items where the User is required to provide fictional information, such as the User Name and the Character name. JOYMAX reserves the right to suspend or cancel any User Account which was obtained with false information.
5. JOYMAX has the right to accept or reject any request for a User Account in its sole discretion and such access is always subject to technical availability of necessary systems and information.

3. Premium Services

At the present time there are many JOYMAX Services which are available without paying any fees. JOYMAX also offers Premium Service which may, from time to time, provide specified additional benefits and options. For example, if a User Account only has pre-level 10 Characters, and there has not been a log-in within 6 months on the User, and the User has not accessed Premium Service, JOYMAX reserves the right to terminate such User Account. Also, if there has not been a log-in within 12 months, notwithstanding the level of the Characters, and if the User has not accessed Premium Service, JOYMAX reserves the right to terminate such User Account.

Any charges which you incur for Premium Service are non-refundable. You are solely responsible to control access to your Password so as to protect your User Account and any financial transactions.

4. JOYMAX Responsibilities

1. JOYMAX will utilize reasonable business efforts to correct errors in the JOYMAX Services.
2. JOYMAX will utilize reasonable business efforts to comply with the JOYMAX Privacy Policy.
3. JOYMAX will utilize reasonable business efforts to repair or recover from JOYMAX system errors in an expeditious manner so as to provide continuous and stable services. Such recovery may require use of backup data which may not include the most recent changes to Characters. As stated in these Terms of Use, JOYMAX is not responsible for any loss incurred by Users as a result of such operational issues.
4. JOYMAX intends to offer convenience to the users in the execution of this Service Agreement and in understanding the procedures related to this Service Agreement.

5. User Responsibilities

1. Users must register with their real name and accurate information. JOYMAX shall not be responsible for any losses to the User caused by false information.
2. Users must notify JOYMAX of any changes to the users personal information by updating the user account information through the means provided.
3. Users must safeguard their password and any other non-public Account Information. JOYMAX is not responsible to replace, restore, repair, reimburse or otherwise modify any Character based on unauthorized access to a User Account. Therefore, it is solely the responsibility of the User to ensure that the password is unique and secret.
4. Users shall not attempt to obtain or use the password from any account other than a User Account which is registered to them. Nor shall Users attempt to access the JOYMAX Services in any way which is contrary to these Terms of Use.
5. Users may not access, or attempt to access, the software, database or other information stored on servers operated by JOYMAX in any manner whatsoever except in the manner intended by JOYMAX.
6. Users may not utilize any JOYMAX Services for the purpose of advertising, promoting or selling any goods or services, whether or not they are related to JOYMAX services. This includes, but is not limited to, using in-game communication facilities for such purposes.
7. Users shall not violate other people's rights by using the JOYMAX Services in violation of the public peace and morality. Remember that there are many users with different nationalities, races, religions, ages and other distinctions. Users must try to make all communications, using JOYMAX Services, in a manner which will allow all of the other users to enjoy their time utilizing JOYMAX Services.
8. Users shall not utilize the JOYMAX Services for the purpose of stalking, annoying, harassing, embarrassing or otherwise annoying any other person or company.
9. Users shall not utilize the JOYMAX Services, or any other means, to obtain any passwords, to insert any Trojan horse, timebomb, harvester, bot or otherwise, through hardware, software or social engineering, to access the JOYMAX Services, or the property of any user of the JOYMAX Services, in any manner which is not intended by JOYMAX.
10. Most of our Users are very nice people who enjoy the JOYMAX Services. A few of them require warnings, suspensions or even banning from the JOYMAX Services or, in unusual circumstances, even more severe corrective action such as civil or criminal prosecution. We do not believe it is necessary or productive to list every type of misconduct, so we have not done so. However, as noted, JOYMAX reserves the right, in its sole discretion, to take any appropriate action to ensure that JOYMAX, and the bulk of the JOYMAX Users, have a pleasant and fun experience in a manner which supports the business interests of JOYMAX.

JOYMAX SERVICES POLICIES

1. Purpose of the Operation Policy

1. This operation policy for Silkroad Online ("Operation Policy") was made in order to resolve inconveniences and problems that disrupt the smooth operation of the game in a helpful, fair, and standardized manner. WHILE THIS POLICY IS PART OF THE TERMS AND CONDITIONS, NOTHING SET FORTH FROM THIS POINT FORWARD IS A LIMITATION OF THE RIGHTS OF JOYMAX TO TAKE ANY ACTION, IN ITS SOLE DISCRETION, WHICH IT WOULD HAVE THE RIGHT TO TAKE IN THE ABSENCE OF THIS OPERATION POLICY. THAT IS, THIS INFORMATION IS PROVIDED TO ASSIST USERS IN UNDERSTANDING THE LIKELY CONSEQUENCES OF CERTAIN BEHAVIOR, BUT IT DOES NOT LIMIT THE RIGHTS OF JOYMAX.
2. All GM's/CS are familiar with the Operation Policy and thus all services and actions of the Silkroad Online operations team (the "Operations Team") are administered according to the Operation Policy. Also, any details not covered in this Operation Policy may be resolved in accordance with common rules and regulations.
3. The Operation Policy is subject to addition/revision/and deletion by the Operations Team. In the case of any changes to the Operation Policy, notice of such changes will be posted in advance on the homepage by the Operations Team.
4. If a user violates any part of this Operation Policy, he/she may receive a warning and/or penalty according to this Operation Policy. If the violation is found to have or likely to have serious effects , the user may immediately be restricted or blocked from using his/her account and/or have his/her use of the said account terminated.
5. All official correspondences of Silkroad Online will only be conveyed through homepage notices, announcements that appear at the start of the game as well as in the launcher, in-game announcements by GM's, and through the customer support center. All other communications will not be recognized as official.
6. JOYMAX Co., Ltd. ("Company") and the Operations Team will not be held responsible for any damages or problems arising from a failure on the user's part to familiarize themselves with notices and announcements made by Silkroad Online.

2. Account and Character Name Policy

1. The Operations Team will not disclose user information to other users. Only when there is a request from a government and/or law enforcement agency in accordance with the procedures prescribed by relevant laws, will there be any such disclosure.
2. Users are responsible for maintaining the confidentiality of their own accounts and all relevant responsibilities attached to their accounts.
3. The Company and Operations Team cannot resolve or assist with any problem with accounts and/or character management that arises from user’s carelessness. These responsibilities also belong to the user.

① Problems that arise from transfer of user accounts and characters.
② Problems that arise from negligent management of user's own password.

4. There is a 7 day waiting period in order for a character to be deleted, and the character is properly deleted after this 7 day period. Characters and items deleted properly will not be restored.
5. Users can choose their character names freely. However, character names may be corrected/modified/deleted for the following reasons.

① Names that are found to be offensive and/or abusive to others
② Names that impersonate or give the impression of official company representatives, GM's, and other Company’s employees
③ Names that resemble or may cause confusion with GM names already in existence.
④ Lewd or discriminatory character names
⑤ Character names that advocate antisocial or illegal actions
⑥ Racist or sexist character names
⑦ Character names that persecute a specific individual or are libelous towards them.
⑧ Character names that infringe or may violate third party trademarks, copyrights
⑨ Character names that approximate to or resemble vulgar and/or offensive words.

3. Dispute between Users

1. In cases users do not violate any rules or regulations, the Operations Team will not intervene disputes between users.

4. Policy against Account Theft (Hacking)

1. Account theft/hacking is defined as illegal appropriation or destruction of computerizes data sent or received. The hacking/account theft usually occurs by negligent management by the user of his own account information.
2. The Operations Team will not offer services regarding account theft/hacking for the time being for the purpose of providing better service in the future.

5. Policy against System Abuse

1. If a user is found to be abusing a bug or system glitch, the user may have his account restricted or deleted. Listed below are similar instances in which similar action may be taken.

① If a user is found to be inducing or encouraging particular behavior with the intent of placing undue stress on the systems. ② If a user discovers a bug and, instead of reporting it directly to a GM or Customer Support, tells it to other users or utilizes the bug to obtain benefits in the game which the user knew, or should have known, were not intended to be provided. ③ If a user gets a profit directly or indirectly from exploitation of a bug.

2. Users found to be using or distributing illegal programs may be subject to restrictions of their account or have their account deleted. In particular cases, the user may be subject to investigation by the proper authorities.

6. Policy against Breach or Nuisance

1. Breach or Nuisance means the act or the omission of act breaching the specified rules in the Operation Policy or analogous thereto which prevents other users from normal and fair use of the game or commit a nuisance to specified or unspecified other users.
2. Penalties are strictly applied thereto pursuant to the standard set forth in this Policy.
3. Penalties including the period comprised time, date or etc therein shall be expired with lapse of the period, provided however that the deleted or suspended ID pursuant to the Operation Policy does not include such period in any case.
4. In case similar or different type of breach(es) or nuisance(s) exists, penalties could be cumulative pursuant to each rules in the standard.
5. Penalties could be applied to user in accordance with the gravity of the breach or nuisance without relevant notice even though it comes to the exception clause.
6. If a filing is made regarding other users breach or nuisance, Operations Team will review and make penalties in accordance with the Operation Policy under the condition that such filing is followed by objective evidence.
7. Notwithstanding the specified provisions regarding the substance of the sanction, the details of the penalties could be different in accordance with the details or the degree of the breach or nuisance provided however that such difference could happen solely for the purpose of smooth or fair game operation and not other purposes in any event.
8. The penalties not specified this section regarding the breach or nuisance shall be fairly and strictly decided and executed pursuant to the Operation Policy and other related regulations equivalent thereto.

7. Homepage Policy

1. Users agree not to use the service provided by the Company to:

(i) upload, post, e-mail or otherwise transmit content that infringes any third party rights;
(ii) impersonate any person or entity, including, but not limited to, GM and any employee of the Company;
(iii) upload, post, e-mail or otherwise transmit content that violates any law or regulation;
(iv) upload, post, e-mail or otherwise transmit content as determined by Operations Team at its sole discretion that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or contains any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(v) upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(vi) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(vii) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
(viii) "stalk" or otherwise harass another member. The Company or Operations Team can delete messages posted on the forums without any notice if they seem in its sole discretion as breach the home page policy mentioned in this article, and you may also receive penalties set forth in chapter 8 of this Operation Policy.

2. Posted messages encompass both posts made on the forum as well as any comments or annotations to the posts.

8. Penalty

1. If any user breaches terms of this Operations Policy may be subject to penalties according to the following standard:

Clause

1 frequency

2 frequency

3 frequency

4 frequency

Obscene, abusive speech directed at specific individuals and/or general population

1 day account
block

3 day account
block

5 day account
block

7 day account
block

Prevention of proper operation

3 day account
block

5 day account
block

7 day account
block

10 day account
block

Subject to change due to situation

Site or commercial advertising

3 day account
block

5 day account
block

10 day account
block

Permanent account
block

The sale of items and accounts for real money/goods, other game account/item sale, illegal joint account sharing

5 day account
block

10 day account
block

20 day account
block

Permanent account
block

False reporting of unwholesome behavior

5 day account
block

10 day account
block

Permanent account
block

-

Character/guild names that violate policy

Subject to change by GM decision

Spreading of rumors and/ or unconfirmed reports related to game or service

Penalty is dependent on content or severity of rumor or unconfirmed report.

Bug exploitation
(copying of items and etc.)

Penalty is dependent on severity of bug impact on game, duration of exploitation. All content generated from bugs will be deleted.

2. You understand that the Company may permanently terminate your Account if a charge which you authorize the Company to make on your payment cannot be processed or is returned to the Company unpaid for any reason whatsoever. The Company shall not be held responsible or liable for any credit card or bank-related charges or fees related to any of your transactions.