Terms of Service

Effective Date : March 18th 2023

If you reside outside of the Republic of Korea, the terms of this agreement ("Terms of Service") govern the relationship between you and MIM GAMES (hereinafter "MIM GAMES" or "Us" or "We") regarding your use of MIM GAMES's games, websites and related services (the "Service"). Use of the Service is also governed by the Privacy Policy and other relevant policies, which are incorporated herein by reference. If you reside inside the Republic of Korea, please refer to the link for terms of service.

ARBITRATION NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DESCRIBED IN SECTION 23, AND YOU AGREE TO ABIDE BY THEM TO RESOLVE ANY DISPUTE WITH US.

1. YOUR ACCEPTANCE

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

2. About Accessing and Using Our Services

Before accessing or using the Service, including browsing any MIM GAMES website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an "Account"). If you access the Service from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.

2.1. Limited License: Subject to your agreement and complete compliance with the Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use our Services for your own personal and non-commercial use. You agree not to use our Services for anything else.

2.2. 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 Money or Virtual Goods (as defined below), without any liability to you. YOU UNDERSTAND AND AGREE THAT YOU WILL NOT BE COMPENSATED UNDER ANY CIRCUMSTANCES FOR ANY VIRTUAL MONEY, VIRTUAL GOODS, 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 reasons (such as technical difficulties experienced by us or on the internet); (b) to allow us to improve user experience; (c) where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Services); (d) because it no longer makes business sense for us to provide the relevant Service; or (e) because we have altered the Services we provide.

2.3. 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 MIM GAMES 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.

2.4. Game Rules: The specific game rules, scoring rules, controls and guidelines for each Service can be found within the Service itself. Such rules, scoring rules, controls and guidelines form part of the Agreement and you agree that you shall comply with them in respect of each individual Service which you choose to access and/or play.

2.5. Third Party Charges: You are responsible for the internet connection and/or mobile charges that you may incur for playing the Games or using the Services. You should ask your mobile operator 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 related to your transactions in relation to the use of the Services.

2.6. Equipment/ Internet: You are also responsible for obtaining and maintaining computer hardware, mobile phone device, communication device, equipment, operating system, data connection and services necessary for using the Service under your own responsibility and at your own expense.

3. Accounts

By registering for an Account or otherwise using the Service, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.

3.1. Guest Account: If you use the Services without creating a MIM GAMES Account, we will create and assign to your device an identifier that is similar to an account number ("Guest Accounts")

PLEASE KEEP IN MIND THAT YOU MAY NOT RECEIVE CUSTOMER SUPPORT OR MAY NOT USE VIRTUAL MONEY OR VIRTUAL GOODS FOR WHICH YOU HAVE PAID IF YOU CHANGE YOUR MOBILE DEVICE WITHOUT CREATING A MIM GAMES ACCOUNT.

3.2. MIM GAMES Account: You can create and use a MIM GAMES Account using your email account or a third-party service account. Your service history and the relevant information (level, Virtual Goods, etc.) will be stored securely on your MIM GAMES account.

You may allow our Services to interact with a third party service, which will provide data about you to us. If you choose to connect to one of our Services through a third-party services such as Facebook, or Game Center or Google Play, we may collect personal information from your profile on such third-party services, such as your name, username, and photograph. You should ensure that you read their Agreement and privacy policies to understand how they treat your data and what data they might share with us.

3.3. Responsibility of Account User: YOU ARE SOLELY AND FULLY RESPONSIBLE FOR KEEPING YOUR LOG IN DETAILS AS WELL AS ALL USAGE OF YOUR ACCOUNT CONFIDENTIAL. INCLUDING ANY AND ALL ACTIVITY THAT ARE CONDUCTED THROUGH THE USE OF YOUR LOG IN DETAILS, WHETHER OR NOT IT HAS 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) and agree to fully compensate us for any loss or harm that may result. MIM GAMES will not be responsible to you for any losses resulting from an unauthorized access or use of your account, whether fraudulently or otherwise.

3.4. Termination of Inactive Account: WE RESERVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT ANY NOTICE if your account has not been accessed for more than 180 days. In such an event, you will no longer be able to access and/or use the Services using the terminated account. Any Virtual Money and/or Virtual Goods associated with the terminated account will also be deleted, and no refund will be offered to you merchandise such Virtual Money or Virtual Goods 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 Agreement, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Services and any Virtual Money or Virtual Goods associated with your account).

4. Virtual Goods and Virtual Money

4.1. Our Services may include fictional currencies such as coins, gold coins and points ("Virtual Money") and virtual items or services for use with our Services ("Virtual Goods"). You can buy Virtual Money from us for real money if you are a legal adult in your country of residence. If you are a legal adult in your country of residence, you may also be able to buy Virtual Goods for real money and/or other credits. You agree that you will only purchase Virtual Money and/or Virtual Goods from us or a third party store used by us, and not from any third party. We reserve the right to charge fees for the right to access or use Virtual Money or Virtual Goods, and we revise the perceived value or pricing for any Virtual Money or Virtual Goods. We may also decide to distribute Virtual Money or Virtual Goods without charge, at our sole discretion.

4.2. You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable license to use Virtual Goods or Virtual Money exclusively within the Services - any balance of Virtual Goods or Virtual Money does not reflect any cash or stored value. You have no other rights, title or ownership with respect to Virtual Money or Virtual Goods. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL MONEY OR VIRTUAL GOODS HAVE NO CASH VALUE AND CAN NEVER BE EXCHANGED FOR REAL MONEY, GOODS OR SERVICES FROM US OR ANYONE ELSE.

4.3. You agree that all sales of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. A license to use Virtual Goods or Virtual Money is granted immediately when your purchase is complete. The performance of our Services begins and completes promptly, and therefore your right of withdrawal is lost at this point.

4.4. We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods in our sole discretion and without any liability to you.

4.5. We prohibit and do not recognize any purported transfers of Virtual Money or Virtual Goods effectuated outside of our Services, or the purported sale, gift or trade in the “real world” of anything that appears or originates in our Services, unless expressly authorized by us. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.

4.6. We may offer various subscription plans for Games, purchasing of virtual items or virtual currencies via various platforms, such as Apple or Google.

- Your payment shall be made in accordance with the payment policy of the platform of your use. You may change the payment methods.

- Information regarding service or items you are purchasing, payment plan (including yearly or monthly plans), subscription period, expiration date, and subscription cancellation will be provided to you prior to making your payment.

- Information regarding renewal of your subscription will be provided to you 24 hours before the end of your subscription period, and shall be automatically renewed unless you expressly cancel the renewal. Please be advised that the renewal fee will be automatically charged to you upon renewal of subscription period.

- You are able to cancel the auto renewal via your account management feature of your platform of use.

- You shall remain responsible and liable for any and all purchases and pre-orders you have made during the subscription period, even if you cancel your subscription.

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 may be sent, uploaded, communicated, transmitted or otherwise made available via our Services, including through third party platforms, by you or another user ("Content”). 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 rights or other proprietary rights 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) which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

5.5. You agree that you will not: (a) use our Services to harm anyone or to cause offence to or harass any person; (b) use another person or entity's email address in order to sign up to use our Services; (c) 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); (d) disguise, anonymize or hide your IP address or the source of any Content that you may upload; (e) use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications; (f) remove or amend any proprietary notices or other ownership information from our Services; (g) interfere with or disrupt our Services or servers or networks that provide our Services; (h) attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us; (i) 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 by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms); (j) sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Money or Virtual Goods; (k) disrupt the normal flow of a Service or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Services, or engaging in real time exchanges; (l) disobey any requirements or regulations of networks connected to our Services; (m) use our Services in violation of any applicable law or regulation; (n) 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 or these terms; or (o) use our Services in any other way not permitted by the Agreement.

5.6. We do not control Content posted on our Services by other people 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 Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available 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 or from a breach of any part of the Agreement, 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 people that play 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. Using our Services against opponents

6.1. Some of our Services allow you to compete with or against another User. You may be able to choose to (i) play against another User whom we select for you, or (ii) play against one of your contacts from a social network (such as Facebook) or other third party platform that you have allowed our Services to access and interact with. Some of the Services may also allow you to search for your friends (for example, by your friend's email address). We may also display the names of your past opponents so that you can easily find them to play again.

6.2. When we select an opponent for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores or level you have reached in the Service).

6.3. By accessing and/or using our Services which allow you to use against an opponent, you agree to your display name, scores, and other related details being displayed to other Users. You also understand and agree that other Users may find you by searching for you with your email address. Please note that we will only show your display name publicly, and not your email address; another User must know your email address themselves in order to search for you.

6.4. You will be able to connect your third party platform accounts to our community services in accordance with MIM GAMES Policy, as we desire to promote friendship among Users of our Services by allowing Users to interact and transfer information freely with others. Our community services may be interlinked with third party platforms as you register your third party platform account as an account for our community services, and therefore, our community services may not be normally provided if you no longer qualify for such third party platform service or withdraw from such platform. MIM GAMES Policy may include rules for managing our community services that govern your activity in connection to our community services, support rights of Users and/or others and enhance sound culture for the community services we provide.

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. MIM GAMES 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 MIM GAMES 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. Termination

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, MIM GAMES is not required to provide refunds, benefits or other compensation to Users in connection with such discontinued elements of the Services.

7.2. Without limiting the generality of Section 7.1, if we believe that you are in material breach of the Agreement (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 Agreement 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 Agreement.

8. Notifications

We may send local or push notifications to your 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 relevant Game.

9. Disclaimer

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 WITH NO REPRESENTATION OF 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. 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.

9.2 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.10.2. 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 Agreement 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 a 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 MIM GAMES 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 Agreement are reserved by MIM GAMES.

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 Money and/or Virtual Goods, 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 our website, are the registered and/or unregistered trademarks of MIM GAMES. 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 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) a description of the intellectual property rights in reasonably sufficient details and an explanation as to how they have been infringed;

(b) a description of the infringing material and where the infringing material is located;

(d) 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

(e) 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:

DMCA Agent

MIM GAMES

405,1114, Gyeongui-ro, Paju-si, Gyeonggi-do, Republic of Korea

Email: legal@mimgames.co

11. Privacy

11.1. We collect, process, use and share your personal information in accordance with our Privacy Policy, which is incorporated herein and constitutes part of the Agreement.

11.2. By using our Services, you give your consent to us collecting, processing, using and sharing your personal data in the manner set forth in our Privacy Policy. If you do not agree to our Privacy Policy you should not access and/or use our Services, including any Services available through third party platforms.

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. Links

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, goods or services by such third parties. 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.

Your correspondence or dealings with the linked website or service providers are solely between you and such third parties, and MIM GAMES is neither responsible nor liable for any part of such dealings. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties, you are providing it in accordance with their privacy policy (if any), and our Privacy Policy does not apply with respect to such data provided to the third parties.

13. Advertisements

We may provide Users with advertisements about our Services and/or other products or services, including those of a third party, that you may be interested in. Please see our Privacy Policy for details.

14. Assignment

You may not transfer or assign any of the rights or licenses granted to you hereunder without our prior written consent therefore. However, we may transfer or assign all or a part of our rights or responsibilities under the Agreement to someone else without obtaining your consent and without any restriction.

15. Non-excluded liabilities

Notwithstanding Section 10, nothing in the Agreement limits our liability for fraud, willful injury or violation of law, or any other liability which may not by law be excluded.

16. Indemnity

You agree to indemnify, defend and hold harmless MIM GAMES, 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 Agreement, your access to and use of the Services.

17. Entire agreement

The Agreement sets 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 Agreement has no right to rely upon or enforce any part of the Agreement.

18. Amendment

You can see the Agreement at any time by using a link found in our Websites, Games or Applications, where you can also see a link to our Privacy Policy. MIM GAMES reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant MIM GAMES policies at any time by posting the amended terms on the MIM GAMES Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the MIM GAMES Privacy Policy, or any other MIM GAMES policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

19. Severability

If any part of the Agreement is held to be unlawful, void or unenforceable under any applicable local laws or by an applicable court, that provision shall be severed, and the remainder of the Agreement shall remain valid and enforceable.

20. Waivers of Our Rights

Our failure or delay to exercise or enforce any of our rights under the Agreement 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.

21. Jurisdiction and Governing Law

21.1. If you are a resident in the United States, any disputes or claims arising out of or in connection with this Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law principles. Any dispute or claim arising from or in connection with this Agreement and not subject to the arbitration agreement under Section 23 shall be irrevocably submitted to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California.

21.2. If you reside in any other country, any disputes or claims arising out of or in connection with this Agreement, will be governed by and construed in accordance with the laws of the Republic of Korea, without giving effect to any choice or conflict of law principles. Any dispute arising from or in connection with this Agreement shall be irrevocably submitted to the exclusive jurisdiction of the Seoul Central District Court, Seoul, Republic of Korea.

22. Dispute Resolution

If you have any claim arising out of the Agreement against us, we strongly encourage you to contact our customer support team to seek a resolution. If both parties fail to reach a settlement within 30 calendar days after the first contact occurs, either party may refer such a dispute to the Korean Commercial Arbitration Board in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board. The arbitration is to be conducted before a single arbitrator whom the parties jointly select. If the parties are unable to agree upon the arbitrator, either party may request the Korean Arbitration Association to select the arbitrator.

23. Dispute Resolution and Binding Arbitration for U.S. Residents.

Notwithstanding the foregoing section 22, if you are a resident of the USA, you and MIM GAMES agree to resolve all disputes and claims through binding arbitration pursuant to this Section.

23.1. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY AS THEY REQUIRE YOU TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION. All disputes, claims or controversies arising out of or relating to the Agreement, or the relationship between you and us (“Dispute”) shall be determined exclusively by binding arbitration. However, the Dispute does not include any claim regarding the infringement, protection or validity of intellectual property rights or a claim brought in small claims court.

23.2. Both parties may elect to have the Dispute finally and exclusively resolved by binding arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute (“Notice”). The Notice to MIM GAMES should be addressed to: MIM GAMES, 405, 1114, Gyeongui-ro, Paju-si, Gyeonggi-do, Republic of Korea, ATTENTION: Legal Department. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) specify the remedies sought by the claimant. If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding.

23.3. A party’s choice to arbitrate by one party shall be final and binding on the other. The Federal Arbitration Act shall apply to the interpretation and enforcement of this Section 24 notwithstanding any other choice of law provision contained in this Agreement. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Rules”) then in effect. The AAA Rules are available at www.adr.org/consumer. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. Arbitration of any claim not exceeding $25,000 will be conducted solely on the basis of documents you and we submit to the arbitrator. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. Either party may litigate in court to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

23.4. YOU AGREE THAT ANY AND ALL ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION TRIED OR CHALLENGED BY A JURY. The arbitrator shall not consolidate your claim with the claims of others, and shall not preside over any form of representative or class action. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

23.5. Unless you and we otherwise agree, arbitration will take place in the county where you reside.

23.6. If the arbitrator rules in your favor on the merits of any claim you bring against us and issues you an award that is greater in monetary value than our last written settlement offer made before our final written submissions to the arbitrator, then we will reimburse the arbitration fees that you paid to the AAA.

23.7. Although we may, in our discretion, revise this Agreement, no change to the terms or rules set out in this Section shall take effect in relation to any Dispute arising prior to the effective date of such change. Any changes to the arbitration clauses must be notified at least 30 days prior to the date that the changes take effect.

24. Survival

The provisions of Sections 2.2, 2.3, 2.5, 3, 4, 5.3, 7, 9, 10, 16, 17, 18, 19, 20, 21, 22, 23 and all representations by you hereunder, will survive any termination of the Agreement.

25. Questions about the Agreement

If you have any questions about the Agreement or our Services, you may contact us via customer center provided within the Services, or at: legal@mimgames.co