Black Desert Global Lab Terms of Service
Article 1 Purpose
These terms set out the basic rules pertaining to the use of game service between members playing the games provided by PearlAbyss H.K. Limited (hereinafter referred to as "Pearl Abyss" or "Company").
Article 2 Definitions
① Definitions of terms used in these terms are as follows.
1. "Black Desert Global Lab" refers to a server where content to be updated on the Black Desert live server is pre-applied to test for potential issues.
2. "Use Agreement" means a contract between the Company and members about the use of game service provided by the Company.
3. "Pearl Abyss Game Service Member" means the person who can use the Company's game service with the integrated account given issued after signing up and agreeing to the Use Agreement according to the procedure set out by the Company.
4. "PearlAbyss Game Services" means the games that the Company provides to members and all the services incidental thereto.
5. "Game world" means a variable virtual world in which multiple members play games according to a certain rule or gaming property is implemented for such incidental purposes as leisure, socializing, and information mediation.
6. "Pearl Abyss Integrated Account" (hereinafter referred to as "account") means the combination of characters, numbers, or special characters selected by the user and approved by the Company to identify members and use the game service.
7. "Account Information" collectively refers to general information provided by the member to the Company such as member's account, password, and name etc and created information such as game use information, billing status, etc
8. "Character" means game data that Member selects and manipulates according to the manner provided by the Company within the game world for the use of the game service.
9. "PASSWORD" or "password" (hereinafter referred to as "Password") means a combination of letters, numbers, or special characters that the Member selects and secretly manages to make sure that the Member is the matching user of the account.
10. "Post" means all information made up of characters, documents, pictures, sounds, images, or any combination thereof posted on the Game Services in connection with Member's use of the Game Services.
11. "Affiliate Service" means a service that is linked through the Company's "game service", in other words, a service operated by a third party that is affiliated with the Company, such as the individual "Game Service" provided by the "Provider" etc.
② The definition of the terms used in these terms shall be stipulated based on the relevant laws and regulations, the terms of each service, or the operational policy, except as provided in article 1 above. Other than that, common practices will govern.
Article 3 Company Information and Other
The Company publishes the following items on the initial screen of the game service or in this terms of service of the game service homepage to make it easy for the members to know. However, the personal information processing policy and terms can be viewed by the member through the connection screen.
[Company Information]
Name: Pearlabyss H.K. Limtited.
Email: global-lab@pearlabyss.com
[Terms of Use]
Privacy Policy
Terms of Service (current document)
Operational Policy
Article 4 Terms and Amendments
① The Company publishes the contents of this agreement through the initial screen of the game service or the connection screen so that members can easily understand the contents of these terms.
② The Company shall take measures to enable members to inquire and respond about the contents of this agreement with the Company.
③ The Company shall make the contents of this agreement easy to understand for a person who wants to use the game service and, prior to obtaining member's consent, among the contents set out in these terms and conditions, the Company shall provide important matters such as cancellation of membership, reimbursement of overpayment, termination or cancellation of contract, termination of the Company, indemnification of the Company, and compensation for member with bold or similar effect or a separate connection screen or a pop-up screen, etc. so that members can easily understand and agree to these terms.
④ The Company may amend these terms to the extent that it does not violate relevant laws and regulations. If the Company intends to amend these terms and conditions, it announces the date of application, the details of amendment, and the reason for the amendment etc.
⑤ If the Company amends the terms, it shall check if the member agrees to apply the revised terms after notifying the revised terms.
⑥ If a member disagrees with the application of the revised terms, the Company or member may terminate the Game Services Use Agreement.
Article 5 Ruling Rules
Any matters not expressly stated in these terms shall be governed by relevant laws.
Article 6 Operating Policy
① In order to set the requirements necessary to apply these terms and conditions and to protect the rights and interests of members and to maintain order in the game world, the Company may establish game service operational policy on the matters that are delegated to exercise by these terms and conditions and to the specific scope defined within these terms and conditions
② The Company shall notify the member of the details of the operating policy member by posting on the game service homepage or providing a connection screen so that the member is well informed.
③ In the case of an operational policy amendment that has the same effect as bringing a material change to a member's rights or obligations or as making changes to these terms and conditions, the procedure of Article 4 shall apply. However, if the revision of the operating policy falls under any of the following subparagraphs, it shall be notified in advance by the manner of Paragraph 2.
1.Amendments made to the matters that are delegated to exercise by these terms and to the specific scope defined within these terms
2. Amendments made to matters not related to the rights and obligations of members
3. In case the contents of the operating policy are not fundamentally different from those set forth in these terms and the amendments to the operating policy are within the member's predictable range
Article 7 Application and Method of Use
① Members must agree to this terms of service and have an account to access Global Lab services. Members can access the Global Lab after meeting certain conditions on the live servers.
② Members must meet all conditions required by the Company to access the Global Lab.
③ Individual game services provided by the provider and the affiliate service are only available after agreeing to the provider's terms of use and operational policy about accepting to provide personal information to the third party.
Article 8 Limitation for Registration
① The Company shall approve the use application unless there is a reasonable reason when the member makes an application for use by clearly indicating their real name and the actual information when it comes to the information that the Company requests to members.
② For the use application that falls under any of the following subparagraphs, the Company may not accept and can cancel the acceptance even after granted.
1. When applying for use in violation of Article 7
2. When applying for use for the purpose of misconduct prohibited by personal information related laws and other laws
③ In the event that falls under any of following subparagraphs, the Company may withhold consent until the cause is dissolved.
1. If there is no room in the Company's facilities or there exist technical difficulties
2. In the case of a failure in the service or a failure of the payment method
3. Other than that, when it is difficult to approve the application for use due to the similar reasons to the above
Article 9 Agreement from Legal Representative Regarding Application for Use by a Minor
The Black Desert terms of service provisions for "Application and Method of Use" and "Agreement from Legal Representative Regarding Application for Use by a Minor" are applied accordingly.
Article 10 Member Account (ID) and Password
The Black Desert terms of service provisions for “Collection of Information” are applied accordingly.
Article 11 Protection and Management of Personal Information
① The Company strives to protect personal information of members including account information. The protection and use of a member's personal information will be governed by the relevant laws and regulations and our privacy policy.
② Except for individual services provided as a part of the service, the Company’s personal information handling policy is not applicable for the service provided by third parties with links to the official website or each website by service.
③ Members must diligently manage their personal information to use game services and must change it if there are any updates. Any damages resulting from delayed or omitted changes to personal information are the member's responsibility. The Company shall not be held responsible for any exposure of the personal information caused by the member's negligence.
Article 12 Obligations of the Company
① The Company shall abide by the relevant laws and regulations and shall faithfully perform the exercise of the rights and obligations set forth in these terms and conditions.
② The Company shall have a security system to protect personal information (including credit information) so that members can use the service safely and the Company disclose and observe the personal information processing policy. The Company shall not disclose or provide any personal information of a Member to any third party except for the cases as stipulated in these terms and conditions and personal information processing policy.
③ The Company handles customer support for members who use game services.
④ The Company endeavors to provide convenience to users in terms of the procedures and content of contracts with users, such as the conclusion of contracts for use, changes to contracts and termination of contracts etc.
Article 13 Member's Obligations
① Members shall not engage in any activity that intends and targets to do any of the following subparagraphs:
1. Falsely state when applying or changing
2. Steal someone's information
3. Impersonate employees, operators, or other related persons of the Company
4. Change information posted by the company
5. Send or post information prohibited by the Company (computer programs, etc.)
6. Make, distribute, use and advertise computer programs, devices or gadgets not provided or approved by the Company
7. Infringement of intellectual property rights such as copyrights of the company and other third parties
8. Impair the reputation and disrupt business of the Company or any other third party
9. Disclose or post information that is contrary to public order and good morals such as obscene or violent speech, writing, video, sound, and so on.
10. Acquire game data (accounts, characters, game items, etc.) in a non-normal way and dispose of them in exchange of monetary value (transfer, sale, etc.) or by providing the object of right as collateral or for rental
11.Induce or advertise the act of 10
12. Use game services for the purpose of profit making, sales, advertising, political activities, etc. without the Company's consent.
13. Other acts that are prohibited by relevant laws and regulations or not acceptable in terms of the good-natured and general social norms
14. Using the service by exploiting the error or bug of the service
15. Obtaining items from other users by way of deceit or gambling
16. Take unfair advantages by exploiting all processes related to user sign-up, game use, payment refund, etc. provided by the Company
17. Disrupt the operation of Company services by intentional or gross negligence
18. Copy, distribute, or commercially use the information obtained through the Company's services for purposes other than the use of the services without prior consent of the Company
② Members are responsible for checking and observing these terms and conditions, the notice on the operational policy and the game services homepage, and other Company's notice etc.
③ The Company may establish in the Operational Policies etc a specific types of conduct that falls under subparagraphs 1, 2 or any of the following items, and the member shall comply with them.
1. Limitations on member's nick-name, account name, character name, family name, and guild name
2. Restrictions on content and methods of conversations etc.
3. Restrictions on use of the message board
4. Limitations on how to play the game
5. Matters that the Company considers necessary for the operation of the game service within the scope of not infringing the essential right to use the game service of other users
④ Managing account information is the responsibility of the member, members may not use third-party accounts or make their accounts available to third parties.
⑤ Member shall check all the policies and regulations on a regular basis such as matters stipulated in these terms of service, announcements on game service homepage or individual game site, and operational policy set by the company etc.
Article 14 Provision and Suspension of Game Service, etc.
① The Company provides the following services to users.
1. Game service
2. Security Service
3. Customer Protection Services
4. Other related supplementary services
5. Any other services that the Company provides to the members through additional development or partnership agreements with other companies.
② Game service may not be provided for a certain period of time in case that falls under any of the followings, and the company is not obliged to provide game service during that time.
1. In case of maintenance, replacement of communication equipment such as a computer and periodic maintenance and when it is necessary for game service operation
2. If it is necessary to respond to unexpected service instability such as electronic intrusion like hacking, communication accident, disruption of service facilities, or abnormal game use behavior of members
3. When the provision of services is prohibited in a manner of restrictions on certain time or number of times etc in accordance with relevant laws and regulations, government, and company policies.
4. If it is impossible to provide normal game service due to force majeure such as natural disasters, emergency situations, power outages
5. In case of significant management necessity of the company due to company's division, merger, transfer of business, abolishment of business, deterioration of profit of the game service for the year, etc
6. In case game contents need to be changed for game service testing purposes.
③ The Company may temporarily suspend the service without prior notice for the reasons stated in clause 2. In such cases, the Company may post such notice on the initial screen of the game or on the game services homepage later.
④ The Company shall not be liable for any damages incurred to the user in terms of the use of the free services provided by the Company.
Article 15 Change of Game Service and Modification of Contents
① Members may use the game services provided by the Company in accordance with these terms, the operational policies and the game rules set by the Company.
② The game world that a company provides to its members through game services is a virtual world created by the Company, and the Company has comprehensive rights to create, change, maintain, and repair the game contents. The contents of the game service and affiliate service provided by the Company may be changed (patched) from time to time according to the operational and technical needs. In this case, the Company notifies the user through the homepage.
③ For more information about the affiliate service provided by the Company such as the details of the service, the obligations of the third party company, and the rights / obligations of the user are set out in the separate terms and operating policies etc (hereinafter referred to as "terms of affiliate service") provided by the third party for each affiliate service. When using the affiliate service, you may be required to agree to the separate affiliate terms provided by the third party.
④ The company can reorganize and separate various games and related sites provided on the homepage and in the game service as part of the game service. In this case, the company will actively notify the users, and the users will receive services from the reorganized or separated sites.
⑤ If it is deemed necessary for the testing purposes, the Company may add, delete or change the planning of the game service or the information related to the game.
Article 16 Management of Posts
① The rights and responsibilities of the user's post belong to the individual user and the user's responsibility for the civil and criminal liability arising from the post's infringement of intellectual property rights such as copyrights of third parties is entirely borne by the user.
② The Company values the user's posts and protects them with the best of care not to be altered, damaged or deleted. However, the Company may delete, move or refuse to register the posts that falls under any of the following subparagraphs without prior notice and it may take certain measures on the users who posted the posts according to these terms and conditions and operational policy.
1. If the post contains materially offensive or defamatory content to other users or third parties
2. If the post is about pornographic material or is linked to a sexually explicit site
3. Content that infringes any rights, including other intellectual property rights such as copyrights etc of the Company, other users or third parties.
4. If the content is not in accordance with the posting principles prescribed by the Company or the nature of the bulletin board
5. In case the content is related to the sale of user account, game cyber items, game virtual assets, etc. It is prohibited by the Company's policy.
6. If the post is about promoting piracy or hacking
7. If it is objectively recognized as being connected with a crime
8. If the post is for advertising purposes for profit
9. If it interferes with the normal operation of the company or service
10. If the post distributes or is linked to the contents that violate public order and morals
11. If it is judged to be in violation of other relevant laws and regulations
③ Anyone whose legal interests are violated because of the post may request the suspension or deletion of the post according to the related laws and procedures established by the relevant laws and Support, and the Company shall take necessary measures in accordance with relevant laws and regulations.
Article 17 Collection of Information, etc.
① The Company may save and store all communications (hereinafter referred to as "conversations, etc."), including conversations and in-game letters between members within the game service. The Company may read this information to the limitation of such cases as when it is deemed necessary for the dispute settlement among the members, processing of complaints, or maintenance of the game order (account theft, cash transactions, violent language, fraud within the game, such as fraudulent conduct, bug abuse, other violations of current laws and regulations, and when it is necessary to view the member's chat information in relation to investigation, processing, confirmation and remedies of serious violation of the terms in Article 13 and Article 20 clause 3 of these terms). This information is owned solely by the Company and a third party who is not authorized by the law cannot read it.
② The Company can collect and utilize the information of terminal setting and specification of member's PC etc to improve game service quality such as stabilization of game service operation and program etc. However, it must be collected after obtaining the consent from the member.
Article 18 Ownership of Copyright, etc.
① Copyright of content within the game service created by the company and other intellectual property rights are owned by the company. The Company grants to the members only the right to use games, characters, game items, game money, cyber points, etc. in relation to game service in accordance with the terms and conditions set by the Company. Members may not dispose of them through such activities as transferring, selling, or providing collateral.
② Members shall not use for commercial purpose or let the third party use the information obtained by using the game service provided by the company, of which the information registered as intellectual property owned by the company or the provider company without the owner companies’ prior consent through the means of copying, transmitting, publishing, distributing, broadcasting or otherwise.
③ The member shall allow the company to use it in the following manner and conditions, it being the in-game or game-related communications including the conversation text, images, sounds, and all materials and information (hereinafter referred to as "User Content") the Member or other user uploads or transmits through a game client or game service.
Using the member's contents, to change the editing format and other transformations (in any form such as publication, reproduction, performance, transmission, distribution, broadcasting, creation of secondary works, etc., with no restrictions on the time length and scope)
1. The company may use the user's content as is or with edits, changes in format, and other modifications. It can be used in any form, including publication, replication, performance, transmission, distribution, broadcasting, and creation of derivative works, with no limitations on the period or region.
2. The company does not sell, rent, or transfer member content for the purpose of trading without the user's prior consent
④ Matters related to the member's contents that is not integrated with the game service and not displayed in the game (for example, a post on a forum or the like) can be exposed to the search results, services and related promotions etc. For that exposure, part of them can be modified, cloned, and edited within the required range. In such cases, the Company shall comply with the contents of the copyright act, and the member may at any time request the posts to be deleted, excluded from the search result, concealed, or the like through the Support or the in-service managing function.
⑤ If the Company wishes to use the member's postings in any way other than clauses 3 and 4, the Company shall obtain prior consent of the member through telephone, fax, email, etc.
⑥ If the Company considers that the postings and the posting content within the game service posted or registered by a member fall under the category of the prohibited activities prescribed in Article 13, the Company may remove it or refuse to move or register it without prior notice.
⑦ Members whose legal interests are violated due to the information posted on the bulletin boards operated by the Company may request the Company to delete the information or to post the contents of refutation. In this case, the Company will promptly take the necessary action and notify the applicant.
⑧ Clause 3 and 4 shall remain in effect while the Company is operating the Game Services and will continue to apply even after the member's deactivation.
Article 19 Advertising and Transactions with Advertisers
① The Company may provide users with various information that is deemed necessary during the use of the game service by means of notices, email or telephone. However, the user can refuse to receive at any time via email or telephone.
② Company may place advertisements on game service homepage, email, telephone, etc. regarding the operation of game service. However, in case of sending by telephone or email, the member's prior consent is obtained and the receiving member can refuse to receive at any time by email or telephone.
③ The services provided by the Company include various forms of advertisements such as banners and links, which can be linked to pages provided by third parties.
④ If the page is linked to a page provided by a third party according to the preceding clause, the page is not a service area of the Company, so the Company does not guarantee reliability, stability, etc. The Company shall not be held liable for any damages caused by this to the member.
Article 20 Restrictions and Suspension of Game Services
① The Company may block a member's use of the game service if it is confirmed that the member has violated Article 13.
② If the use restriction of the company is justified, the company will not separately compensate the loss of the paid contents and the loss of the points, etc. which the member has suffered due to the limitation of use.
③ If a member violates the obligations set forth in Article 13, the Company may suspend the use of the game service for a set period or terminate the contract after prior notice. However, if the member violates their obligations or causes damage to the Company intentionally or through gross negligence, the Company may suspend the use of the game service for a set period or terminate the contract without prior notice.
④ In the event of suspension or contract termination according to clause 3, the Company will notify the member of the reason for termination and the termination date in writing, by email, or by a similar method, or ensure that the member can confirm this through the game service website. In this case, the member may file an appeal following the procedures provided by Support.
Article 21 Limitation on Use as Provisional Measures
① The Company may suspend the use of Global Lab until the investigation of any of the following issues is completed.
1. In cases where there is reasonable suspicion of a violation of these terms and operational policies by the member
2. When investigation and action are required for issues the member cannot resolve on their own, and consent from the member is obtained
3. In other cases where provisional action on the account is necessary for reasons similar to the above
Article 22 Reasons and Procedure for Restriction of Use
① The Company shall set the specific reasons and procedures for restriction on the use in the operational policy after considering all the circumstances such as the contents, degree of severity, frequency, and results, etc. of the violate behavior
② If the Company restricts the use as set out in Article 20, the member shall be notified of the following items by e-mail or on the initial screen of the game or on the game service homepage.
1. Reason for use limitation
2. Type and duration of the use restriction
3. How to appeal against the restriction
Article 23 Appeal Procedure Against the Restriction on Use
① If a member disagrees with the Company's use restrictions, the member must file an appeal, stating the reason for disagreeing with the Company's use restriction within 15 days from the date of receiving the notice by written form, email, or similar method to the Company.
② The Company will promptly address inquiries, opinions, and dissatisfaction raised by members if they are objectively deemed justified. However, if processing takes an extended period, the Company must inform members of the reason for the delay and the processing schedule.
Article 24 Termination and Deactivation of Membership
The Pearl Abyss terms of service provisions for “Termination and Deactivation of Membership” are applied accordingly. If the usage contract is terminated, all related info on the live servers and Black Desert Global Lab will be deleted.
Article 25 Compensation for Damages
① There will be no compensation for damages as the Global lab server is not a commercial service. PearlAbyss is not liable for any damages or losses caused and will not compensate them.
② Members that cause the Company damage by violating the terms of service or operational policy will be held responsible for the damages.
Article 26 Limitation of Company’s Liability
① There will be no compensation for damages as the Global lab server is not a commercial service. Pearl Abyss is not liable for any damages or losses caused and will not compensate them.
② The Company is exempt from liability in the event that it cannot provide services due to force majeure such as wartime, a quasi-state of war, natural disasters, national emergencies, technical defects that are uncontrollable to solve, and the restriction by government policies etc.
③ The Company is exempted from liability in case where a telecommunications carrier suspends or does not normally provide the telecommunication services as a result of which caused damage to the members.
④ The Company is exempted from liability in case where the game service is stopped or disabled due to inevitable reasons that are notified in advance such as maintenance, replacement, periodic inspection, construction, etc. of facilities for game service.
⑤ The Company shall not be liable for any disruption, suspension, or termination etc of the game service due to the cause on the user's part.
⑥ The Company shall be exempted from liability for any problems arising from the computer environment of the member or any problems caused by the network environment that involves no intentional or material negligence of the Company.
⑦ The Company shall not be liable for any loss or damage caused by the user's misrepresentation and neglected management of personal information such as identification information etc.
⑧ The Company shall not be liable for any loss of characters, experience or items or unsatisfying result below the user's expectation on thereof as the member uses the game service, and shall not be liable for loss or damage etc caused by the personal selection or use of the game services.
⑨ The Company shall be exempt from liability for the loss of member's game data including but not limited to game cyber assets (game money) and character level.
⑩ The Company shall be exempted from any liability related to reliability and accuracy of the information, data, facts posted/transmitted on websites or within the game services by a member or a third party.
⑪ The Company has no obligation to intervene in the event of a dispute arising through game services or a dispute arising from violation of related laws on infringement of third parties' right (e.g. copyright etc.) between members and third parties, and the Company is not responsible for any damages arising from this.
⑫ The Company may restrict the time of game service etc according to the nature of each game service or depending on the member's status according to related laws, government policies, etc., and the Company is exempted from liability for any matters related to the use of game services caused by these restrictions and limitations.
⑬ The Company shall be exempted from liability for any damages arising out of the computer error of the member or in case of damages caused by omission or misrepresentation of the personal information and email address.
⑭ In the event of termination of the service contract between the member and the company due to termination of the contract by a member or the company, except for the case when the company holds member's information in accordance with the relevant laws and personal information processing policy, the company will be able to delete member's account information and all associated data upon termination for better service environment, etc. and the company is not responsible for matters arising from deleting member's account information and related data since the end of the contract.
Article 27 Notice to Members
① If the company make notifications to a member, it may do so by email designated by the member, unless otherwise stipulated in these terms.
② If the Company make notifications to all members, the Company may substitute the method described in clause 1 above by posting on the company's game service homepage or the initial screen of each individual game site for more than 7 days, or by displaying a pop-up screen.
Article 28 Governing Law and Jurisdiction
① This terms of service and service use agreement are governed and interpreted in accordance with the laws of Hong Kong.
② If any part of this terms of service is deemed invalid under consumer protection laws or other applicable legal provisions, the remaining sections shall remain in effect.
③ All disputes arising from or related to this terms of service and service use agreement shall be subject to the jurisdiction of the courts as determined by relevant laws.
Addendum
These terms will be effective as of November 29. 2024.