Term of Service(Eng)
Terms of Service
Chapter 1 General
Article 1 (Purpose)
The purpose of these Terms of Service is to set forth the rights and obligations between Techzuus Inc. (hereinafter referred to as the "Company") and Users as well as all other necessary matters in connection with the use of the games and all related services provided by the Company (hereinafter referred to as "Game Services").
Article 2 (Definitions)
The definitions of the terms used in these Terms of Service are as follows:
(a) "User" means any person who uses Game Services provided by the Company.
(b) "Device" means a device on which Game Services can be used, such as a PC, mobile phone, smart phone, PDA, tablet PC, portable game player and game console.
(c) "Application" means any and all programs utilized after being downloaded or installed onto a Device in order to use Game Services provided by the Company.
(d) "App Market" means a service provider which provides e-commerce websites, etc. so as for the Company's Application to be installed and paid for (including service providers that provide payment services within games).
(e) "Platform Provider" means a service provider which, in collaboration with the Company for the promotion and use of the Company's games, provides account set-up for Game Services, communication functions including invitation among members, etc. using its own existing member system, and all related services.
(f) "User Account" means the user account defined in Article 7 of these Terms of Service.
(g) "Contents" means any and all data or information which is both (i) expressed in code, letter, voice, sound, image, video or others used in the information and communications network, produced or processed in electronic form to enhance the usefulness in the preservation and use of such data or information and (ii) produced in the digital method in relation to the services provided by the Company including all game and network services, the Application, game money, game items, etc.
Article 3 (Provision of Company Information, Etc.)
(a) Company name and name of the representative
(b) Address of office (including address of the place where Users' complaints can be handled) and e-mail address
(c) Phone number and fax number
(d) Business registration number and telecommunication sales business filing number
(f) Terms of Service
Article 4 (Notification and Change of Terms of Service)
(1) The Company will notify Users of these Terms of Service by publishing these Terms of Service on the initial screen of the game or the Game Services Homepage or providing a link, so that Users can see the contents of these Terms of Service.
(2) The Company will take measures so as for Users to ask questions and receive answers in regard to the Company and the contents of these Terms of Service.
(3) The Company will prepare these Terms of Service in a way that any person who intends to use Game Services could easily understand the contents of these Terms of Service and will, before obtaining Users' consent to these Terms of Service, write in bold or otherwise or provide a separate link, pop-up or others for important matters out of the contents specified in these Terms of Service, such as cancellation of subscription, return of overpayments or erroneous payments, contract termination/cancellation, the Company's exemption and the compensation for Users' damages, so as for Users to easily understand such important matters, and then obtain Users' consent.
(4) The Company reserves the right to change these Terms of Service to the extent of not violating applicable laws including the Korean Act on the Consumer Protection in Electronic Commerce, Etc., the Korean Act on the Regulation of Terms and Conditions, the Korean Game Industry Promotion Act, the Korean Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and the Korean Contents Industry Promotion Act.
(5) In the event that the Company changes these Terms of Service, the Company will notify it on the initial screen or a link on the initial screen by specifying the effective date, contents, reasons, etc. of the change from at least 10 days (30 days in case of a change unfavorable to Users or a material change) prior to the effective date of the change until a considerable time passes by after the effective date of the change.
(6) In the event that the Company changes these Terms of Service, the Company will check whether Users consent to the changed Terms of Service after the notification of the changed Terms of Service. During the notification of the changed Terms of Service, if the notification specifies that if Users do not express their intent to consent or reject, Users will be deemed to consent, Users may be deemed to consent to the changed Terms of Service if Users do not express their intent to reject until the effective date of the change.
(7) If a User does not consent to the changed Terms of Service, the Company or the User may terminate the contract for the use of Game Services.
Article 5 (Special Terms for Each Game)
(1) Apart from these Terms of Service, the Company may specify special terms for each separate game (hereinafter referred to as the "Special Terms").
(2) If the Special Terms provide for matters in conflict with these Terms of Service, the Special Terms will prevail for the relevant game.
Article 6 (Management Policy)
(1) The Company may specify a management policy for the Game Services (hereinafter referred to as the "Management Policy") in order to specify detailed matters necessary for the application of these Terms of Service, protect the rights and interests of Users and maintain order in the game world.
(2) The Company must notify Users of the Management Policy by publishing the Management Policy on the initial screen of the game or the Game Services Homepage or providing a link, so that Users can see the contents of the Management Policy.
(3) For a change of the Management Policy which results in a material change of Users' rights or obligations or has the same effect as a change of these Terms of Service, the procedures set forth in Article 4 will be followed; provided that if a change of the Management Policy falls under any of the following, the Management Policy may be changed by prior notification in accordance with Article 6(2):
(a) In case of a change of the matters which these Terms of Service delegated by specifically setting the scope;
(b) In case of a change of the matters which are irrelevant to Users' rights or obligations; or
(c) In case of a change of the Management Policy that is not essentially different from the contents of these Terms of Service and that is within the scope foreseeable by the Users.
(4) The Management Policy under this Article may be set to be separately applicable to each game or commonly applicable to multiple games in the Company's discretion. In such case, the priority among the Management Policies will be determined in each Management Policy, and in the absence of such determination, the Management Policy for the separate game will prevail.
Chapter 2 Execution of Contract for Use
Article 7 (User Account)
(1) The Company sets up and provides a User Account as a basic unit for the provision of Game Services.
(2) The types of User Accounts are as follows:
(a) Company's Own Account: An account having an ID set up between a User and the Company as the identifier, an ID meaning a combination of certain letters, numbers or special characters requested by a User and approved by the Company; provided that the Company may substitute an e-mail address, etc. for an ID. The Company's Own Account can be available (a) in the form of the provision of an ID for each game and (b) in the form of the provision of an integrated ID used in common for multiple Game Services provided by the Company.
(b) Platform-Based Account: An account for Game Services which is based on the account provided by a Platform Provider (hereinafter referred to as “Platform Provider Account”)
(c) Guest Account: An account having each Device as the identifier without an User's entering a separate ID, Platform Provider Account information or others.
(3) The Company will provide appropriate options among the types of the accounts set forth in Article 7(2) for each game, taking into account, among others, the contents and operating environment of each game (Multiple options can be available).
Article 8 (Application for Use)
(1) Any person who wants to use Game Services provided by the Company must apply for an account in accordance with the method provided by the Company in the initial screen of the game or the Game Services Homepage (hereinafter referred to as “Application for Use”).
(2) A User must provide all information requested by the Company at the time of the Application for Use.
(3) A User must enter accurate information consistent with facts at the time of applying for an account under Article 8(1).
(4) In case that a person whose legal representative's consent is required for the Application for Use under applicable laws including the Korean Game Industry Promotion Act and the Korean Juvenile Protection Act makes an Application for Use, the legal representative's consent must be obtained. In such case, for detailed consent procedures, the method provided by the Company in accordance with the applicable laws will be followed.
Article 9 (Approval of and Restriction on Application for Use)
(1) In case that a User makes an Application for Use by accurately entering actual information which the Company requires a User to provide, the Company will approve of the Application for Use in the absence of a reasonable reason.
(2) The Company may refuse to approve or revoke its approval of an Application for Use which falls under any of the following:
(a) A User enters false information or illegally uses another person's name or information in the course of the Application for Use;
(b) Although a legal representative's consent is required under applicable laws, such consent is not obtained or not verified;
(c) A User who has a record of a restriction on use during the past 3 years makes an Application for Use;
(d) A person with whom the contract is terminated pursuant to Article 25 makes a new Application for Use;
(e) Where the services are intended to be used in a country (other than the Republic of Korea) in which the Company has not yet decided to provide services, there is a need to restrict the provision of services (i) due to a contract entered into with an overseas service entity by the Company or (ii) in relation to the provision of services to Users who access from a certain country;
(f) An Application for Use is made with a purpose of committing an illegal act prohibited under applicable laws including the Korean Game Industry Promotion Act and the Korean Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; or
(g) Approval is determined to be inappropriate on other grounds equivalent to any of Article 9(2)(a) through Article 9(2)(f) above.
(3) In case that the approval is revoked pursuant to Article 9(2), the Company will not be responsible for any refund, damages, etc.
(4) In case of any of the following, the Company may suspend approval until the ground for such suspension is resolved:
(a) The Company's facilities do not have sufficient capacity, or there is a technical obstacle;
(b) An error in the services or an error in the payment method for the fees for the use of the services has occurred; or
(c) It is difficult to grant approval of the Application for Use on other grounds equivalent to any of Article 9(4)(a) to Article9(4)(b).
Article 10 (Account Management)
(1) In order to protect User Accounts, the Company will make Users set up a password and enter the password whenever Users intend to use Game Services to verify Users' identity; provided that the identity is verified through a identity verification procedure provided by the relevant Platform Provider for Platform-Based Accounts, and no separate identity verification method is provided for Guest Accounts.
(2) Notwithstanding Article 10(1), the Company may skip identity verification procedures for certain games or Devices for Users' convenience as follows:
(a) In case of portable Devices including mobile phones, smart phones and tablet PC, the Company may provide Game Services for the latest User Account used on the relevant Device without going through separate identity verification procedures; provided that in case that a User exits from the Game Services by using the log-out function in the Game Services, a separate log-in will be needed again; and
(b) In case that Game Services are run on the relevant Device in the state of log-in with a certain Platform Provider's Platform Provider Account, the Company may provide Game Services for the Platform-Based Account which is based on the relevant Platform Provider Account without going through separate identity verification procedures.
(3) A User must make sure that the password is properly kept and managed (including the password provided by a Platform Provider, etc. or related to the use of a Device) in order to prevent others from logging in with an User's User Account and using Game Services and must prevent others from using Game Services with the User's account by using the log-out function provided in Game Services, the log-out function for the Platform Provider Account, etc. and properly keeping and managing the relevant Device (including security setting, such as a locking function and a password function, control for virus, hacking, etc., and physical control of the Device itself, etc.).
(4) The Company will have no liability whatsoever for any results arising from a User's violation of the obligations under Article 10(3).
(5) A User may use Game Services on multiple Devices (limited to the Device and the operating system supported by the relevant game) using the same User Account; provided that sharing of a User Account among Devices may be limited depending on the characteristics of the Devices, operating system, App Markets, etc.
(6) Notwithstanding Article 10(5). Guest Accounts may be provided with continuous Game Services limited to the relevant Device, and if an Application is deleted in the relevant Device, the same Guest Account may not be used any longer.
Article 11 (Provision and Change of User Information)
(1) Users must provide accurate information when Users are required to provide information to the Company pursuant to these Terms of Service and will not be protected from any disadvantages which occur due to the provision of false information.
(2) Users may see and change their own personal information on the personal information management screen; provided that certain information including real name and ID may not be modified for the purpose of the management of services (For the information which may not be modified, the screen on which Users provide information will indicate it).
(3) If there is any change to the information entered by a User at the time of the Application for Use, the User must notify the Company thereof through online modification or other methods.
(4) The Company will not be liable for any disadvantages which occur due to a User's failure to notify the Company of the change under Article 11(3).
Article 12 (Protection and Management of Personal Information)
(3) The Company will have no liability whatsoever for any and all information (including a User's account information) exposed due to a reason attributable to a User.
Chapter 3 Obligations of Contractual Parties
Article 13 (Obligations of Company)
(1) The Company will comply with applicable laws and exercise and perform its rights and obligations, respectively, set forth under these Terms of Service in good faith.
(3) In case that an error on the system or loss of data, etc. occurs during the service improvement process for the provision of continuous and stable services, the Company will make its best efforts to repair or restore it unless there is an unavoidable reason, such as a natural disaster, an emergency, a technical failure which is difficult to resolve, etc.
(4) The Company will make its efforts to accommodate Users in regard to the procedures and contents related to a contract with a User, etc., such as the execution of the contract for use and the amendment and termination of the contract.
Article 14 (Obligations of Users)
(1) Users must not use the services provided by the Company for any purpose other than the original purpose of the use of Game Services or do any of the following:
(a) To enter false information in relation to the Application for Use, change of information, customer inquiries, Contents restoration, refund, cancellation, promotional events, etc.;
(b) To pretend to be another person or illegally use another's information;
(c) To impersonate the Company's officer, employee, operator or other person concerned;
(d) To change the information posted by the Company;
(e) To transmit, post, distribute or use the information (computer program) whose transmission or posting is prohibited by applicable laws or the Company or materials containing software virus or other computer code, file or program designed to interrupt or destroy the normal operation of the computer software, hardware or telecommunication equipments;
(f) To produce, distribute, use or advertise a computer program, device or equipment not provided or approved by the Company;
(g) To infringe on the Company or a third party's intellectual property rights including copyrights;
(h) To damage the Company or a third party's reputation, portrait right, etc. or interfere with the business;
(i) To disclose or post obscene or violent words, writings, videos or sound, or information against public order and good morals;
(j) To dispose of (transfer, sell, etc.) or provide as the object of a right (provision of a security, lease, etc.) Contents, such as a User Account, characters, game items, etc., using a method not provided by the Company;
(k) To copy, distribute, promote or commercially use the information obtained through the use of the Company's services and the furnished Applications;
(l) To use Game Services by misusing known or unknown bugs, etc.;
(m) To use Game Services for the profit-making, business, advertising, political or other purpose without the Company's consent;
(n) To collect, store, distribute or post another's personal information;
(o) To transmit, deliver or distribute to another party words, sound, writings, images or videos invoking humiliation, disgust or fear;
(p) Without a specific right granted by the Company, to change Applications, add or insert another program to Applications, hack or reverse-engineer the server, leak or change source codes or Application data, establish a separate server, or change or illegally use a portion of the website;
(q) To induce or participate in gambling activities, such as gambling for money;
(r) To violate these Terms of Service, the Special Terms or the Management Policy;
(s) To induce or advertise any of the above acts; or
(t) To do an act prohibited by applicable laws or not allowed under good morals and other social norms.
(2) Users have an obligation to check and comply with these Terms of Service, the Special Terms, the Management Policy, User guides, warnings notified in relation to Game Services, the Company's notifications, etc.
(3) The Company may specify in the Management Policy details of the acts set forth in Article 14(1) and (2) and any of the following, and Users have an obligation to comply therewith:
(a) Restrictions on members' account name, nickname, character name, team (blood alliance, guild) name
(b) Restrictions on the contents and methods of chatting
(c) Restrictions on the use of the bulletin board
(d) Restrictions on the method of game play
(e) Other matters that the Company deems necessary for the operation of Game Services within the limit of not violating the essential rights of Users for the use of Game Services
Chapter 4 Use of Services
Article 15 (Use of Services and Modification of Content)
(1) Users may use Game Services provided by the Company in accordance with these Terms of Service, the Special Terms, the Management Policy and game rules specified by the Company.
(2) The game world provided by the Company through Game Services is a virtual world created by the Company, and the Company has comprehensive rights in and for the production, modification, maintenance and repair of the game contents.
(3) The Company takes measures necessary for the protection of the game world from the real world and the maintenance of the game world's order and game characteristics.
(4) Where there is a reasonable ground, the Company may modify (patch) Game Services as an operational or technical need arises, and in case of the modification (patch) of Game Services, it will be notified on the applicable game website, etc. after the change is made. For the purpose of Article 15(4), "modify/modification (patch)" includes deletion and addition of certain functions of Game Services.
Article 16 (Provision and Suspension/Discontinuance of Services, Etc.)
(1) Game Services are provided during the hours determined in accordance with the Company's business policies. The Company indicates the hours of Game Services on the initial screen of the game or the Game Services Homepage or through any other appropriate method. In case that the hours of Game Services are not indicated, in principle, Game Services are provided 24/7.
(2) Notwithstanding Article 16(1), Game Services might not be provided during a certain period of time in case of any of the following, and the Company has no obligation to provide Game Services during such period of time:
(a) If necessary for repair inspection, replacement or regular inspection of information and communications equipments, such as computers, or modification of game contents or Game Services;
(b) If necessary for responding to electronic violation incidents, such as hacking, communications accidents, Users' improper use of games and unexpected instability of Game Services;
(c) In case that applicable laws prohibit provision of Game Services during a certain period of time or through a certain method;
(d) In case that it is impossible to properly provide Game Services due to a natural disaster, emergency, blackout, error on the service system or congestion arising from the use of services, etc.; or
(e) In case that there is an important business need of the Company, such as the Company's split, merger, business transfer or close of business, the deterioration of the applicable Game Services' profits, etc.
(3) In case of Article16(2)(a), the Company may suspend Game Services by setting a specific time slot for every week or every other week. In such case, the Company will notify Users thereof at least 24 hours in advance on the initial screen of the game or the Game Services Homepage.
(4) In case of Article16(2)(b), the Company may temporarily suspend Game Services without prior notification. In such case, the Company may notify it on the initial screen of the game or the Game Services Homepage at a later time.
(5) The Company will not be liable for any damages incurred by Users in connection with the use of free services provided by the Company, except in the case of damages incurred due to the Company's willful misconduct or gross negligence.
(6) In case that, due to a reason attributable to the Company, and without a prior notification, the services are suspended or there occurs an error for 4 hours a day (cumulative time) or more in relation to the use of paid services provided by the Company for which there is a certain duration of use, the Company will extend the duration of use free of charge by three times of the duration of the suspension of the services or the error only for the accounts for the contract of continuous use, and the User may not separately claim damages against the Company; provided that in spite of the Company's prior notification of the suspension of services or the error due to a reason, such as the server inspection, if the duration of the suspension of services or the error exceeds 10 hours, the Company will extend the duration of use free of charge by the excess time, and the User may not separately claim damages against the Company.
(7) In case of Article 16(2)(c) through Article 16(2)(e), the Company may discontinue the entire Game Services for a technical or business need by notifying it on the Game Services Homepage 30 days in advance; provided that if there is an unavoidable reason for not being able to notify it in advance, the Company may notify it at a later time.
(8) In case that the Company closes Game Services in accordance with Article 16(7), Users may not claim damages for free services and paid Contents for which there is no remaining duration of use. In that regard, with respect to the paid Contents for which the duration of use is not indicated or there is an indication that the paid Contents may be used permanently, the duration of use will be deemed to be until the close date of the services.
(9) In case that the Company closes Game Services in accordance with Article 16(7), for the paid Contents for which there is a remaining portion of the specified duration of use after the close date, the Company will refund the amount calculated in accordance with Article 23, and Users may not claim additional damages other than the foregoing.
Article 17 (Provision of Information)
The Company indicates the following on the initial screen of the game or the Game Services Homepage (www.techzuus.com) in a way that Users can easily see:
(a) Company name
(b) Title/name of games
(c) Game ratings
(d) Rating classification number
(e) Date of production
(f) Filing number or registration number of game producers or distributors
(g) Any other matters the Company deems necessary
Article 18 (Collection of Information, Etc.)
(1) The Company may store and keep all contents of chatting among Users within Game Services. The Company will allow Users to see this information only if the Company deems it necessary for resolving disputes among Users, handling complaints or maintaining the order of the game, and this information is retained only by the Company and may not be seen by a third party who has no authority granted by laws. Before the Company reviews the relevant information, the Company will notify the individual in advance of the reason that the chatting information needs to be reviewed and the scope of review; provided that if reviewing a User's chatting information is necessary in relation to the investigation of, handling of, checking of and the relevant remedies for illegal use of an account, cash transactions, verbal violence, deceptive acts (such as fraud within the game), bug misuse, other violations of laws or material violations of these Terms of Service set forth in Article 14, the Company will, at a later time, notify those individuals whose chatting information was reviewed of the reason for the review and those reviewed portions which are relevant to the individuals.
(2) For the improvement of the quality of Game Services, such as the operation of Game Services and the program stability, the Company may collect and apply the setting and specification information of the Device, such as a User PC.
(3) For the purpose of Game Services introduction to Users or service improvement, etc., the Company may use the information obtained through a Platform Provider, an App Market, etc. or request additional information about a User, and in response to such request, the User may provide additional information by giving consent in the relevant services through a Platform Provider, an App Market or others, or refuse it.
Article 19 (Advertising)
(1) The Company may post advertising for the purpose of maintaining the services, etc., and Users agree to the posting of advertising exposed during the use of services.
(2) The Company will have no liability whatsoever for damages and losses resulting from to a User's participation in or communication or transaction in regard to the advertising provided by the Company.
(3) In case that the Company provides advertising, etc. by applying the personal information collected from a User with the User's prior consent, the Company may send advertising through SMS(LMS), smart phone notification (push notification), e-mail address, etc., and when the User does not want it, the User may refuse to receive such advertising at any time; provided that if a separate consent is required for the transmission of advertising information, etc. under applicable laws, the Company will transmit advertising information only if the Company obtains such consent from the User in advance.
(4) The provision and collection of information in relation to this Article and Article 18(3) will be done in accordance with applicable laws, the Company's terms and conditions and the terms and conditions of the Platform Provider, App Market, etc. which provide the relevant information to the Company.
Article 20 (Purchase, Duration of Use and Use of Paid Contents)
(1) The Company may allow only those Users who paid the fees to use certain game's account or a portion of the Contents of Game Services.
(2) Fees for the use of paid Contents are to be paid in the method provided by the Company on the Game Services Homepage or within Game Services.
(3) Users must pay the fees for the use of paid Contents in good faith using the method of payment specified by the Company.
(4) The method of payment in Article 20(3) may include the method of payment through an App Market, telecommunications service provider, Platform Provider, etc. (hereinafter referred to as “App Market, Etc.”), and in such case, a User must make payments in accordance with the payment method and policy specified by App Market, Etc. In such case, there can be discrepancy in the amount of payment for the same paid Contents due to a difference in the payment policy of App Market, Etc.
(5) For paid Contents, the duration of use may be limited to a specific period of time, and they cannot be used after the applicable duration of use passes.
(6) Paid Contents can be used only for the User Account with which the purchase is made and may not be transferred, assigned, leased, sold or otherwise disposed of to another account of the relevant User or a third party; provided that the Company, depending on the games, may provide a method whereby such transfer, etc. is possible, and in such case, the transfer, assignment, lease, sale, etc. may be done in accordance with the applicable method.
(7) In case that a User who is a minor (under the age of 19) intends to purchase paid Contents for which payment needs to be made, the Company must obtain the consent of his or her legal representative, such as his or her parents, and the Company will notify prior to the payment for the purchase of paid Contents that the purchase of paid Contents without such consent may be cancelled by a legal representative; provided that if a User who has subscribed to a youth plan of a telecommunications service provider makes payment in a method connected to the relevant charge on the relevant Device, the legal representative will be deemed to have consented to the disposal of the amount of the upper limit of the applicable plan, and the cancellation right will be restricted within that limit.
(8) Users must prevent third parties from making unauthorized payments by using the password set-up function provided by the payment means, the payment method provider, etc., the Device locking function (including the password set-up function), etc. The Company will have no liability whatsoever for a third party's payment activity which occurs as a result of Users' not using such functions, etc. or carelessly controlling security means, such as passwords.
Chapter 5 Cancellation of Subscription, Termination of Contract
Article 21 (Cancellation of Subscription)
(1) The paid Contents that the Company provide to Users are provided, being divided into the Contents for which the subscription can be cancelled and the Contents for which subscription cancellation is not permitted.
(2) For the Contents for which the subscription can be cancelled, the subscription can be cancelled within 7 days from the purchase, and the subscription cannot be cancelled after the said period.
(3) The Contents for which subscription cancellation is not permitted mean the Contents which fall under the grounds for the restriction on subscription cancellation set forth in the Korean Act on the Consumer Protection in Electronic Commerce, Etc. and other applicable laws. For the Contents for which subscription cancellation is not permitted, the Company will indicate the fact that the subscription cancellation is not permitted on or through a pop-up, a link or others.
(4) Notwithstanding Article 21(1) through (3), in case that the paid services are different from the relevant indication or advertisement or performed differently from the contract, the subscription can be cancelled within 3 months from the date of purchase or the date when the paid contents were made available and within 30 days from the date when the User knew or could have known the fact.
(5) Users may cancel the subscription orally, in writing (including electronic documents) or by e-mail.
Article 22 (Effect of Cancellation of Subscription)
(1) In case that a User cancels the subscription, the Company will withdraw or delete the User's paid Contents immediately and refund the paid amount within 3 business days from the date of such withdrawal or deletion.
(2) In such case, if the Company delays in the refund to the User, the Company will pay a delay charge for the delay period in the amount calculated by multiplying by the interest rate set forth in the Korean Act on the Consumer Protection in Electronic Commerce, Etc. and its enforcement decree.
(3) For the refund of the above payment, if the User paid with a credit card or by other payment means set forth in the enforcement decree of the Korean Act on the Consumer Protection in Electronic Commerce, Etc., the Company will immediately request the company who provided the relevant payment means to stop or cancel the demand for payment; provided that if the Company already received payment from the payment method provider, the Company will refund the amount to the payment method provider and notify the User thereof.
(4) If a portion of the goods, etc. is used or consumed, the Company may claim against the User the amount equal to the profits acquired by the User from the use or consumption of the portion of the goods, etc. or the cost of the supply of the goods, etc.
(5) In case of a User's subscription cancellation, the User will be responsible for the cost of the return of the goods, etc., and the Company may not claim damages against the User for the reason of the subscription cancellation.
Article 23 (Refund)
(1) Except the cases of subscription cancellation pursuant to Articles 21 and 22, Users may receive a refund for all or a part of the purchase amount for paid Contents only in each of the following cases:
(a) In case that Game Services are closed pursuant to Article 16(7) (excluding the cases of temporary suspension which is not the close of Game Services, hereinafter, the same being applied in this Article.);
(b) In case that paid items (excluding paid Contents which are not items, hereinafter, the same being applied) contain a flaw or the data relating to the relevant paid items are deleted due to a reason attributable to the Company; or
(c) An overpayment or erroneous payment occurs (This means the cases where the purchase amount is received even though there is no record of purchase of paid Contents or an amount exceeding the purchase amount of paid Contents is received by the Company).
(2) The amount which can be refunded to Users pursuant to Article 23(1) is determined as follows:
(a) In case of Article 23(1)(a) (In case that Game Services are closed pursuant to Article 16(7)): The amount proportionate to the remaining duration after the close date out of the original duration of use of the relevant paid Contents (limited to those with a specific duration of use which have remaining duration after the close date)
(b) In case of Article 23(1)(b) (In case that paid items contain a flaw or the data relating to the relevant paid items are deleted due to a reason attributable to the Company): The entire purchase amount
(c) In case of Article 23(1)(c) (In case that an overpayment or erroneous payment occurs): The entire portion of the excess or the entire portion which is erroneously paid. However, if the overpayment or erroneous payment occurred due to a reason attributable to the User, the cost incurred due to the refund (e.g., charges of a financial institution or an App Market, etc.) may be deducted.
(3) In principle, the refund will be made to the party who entered into the contract for use with the Company. However, the party to whom the refund is to be made will be determined as follows, as there can be difficulties in ascertaining the User due to the method of the execution of the contract for use, etc.:
(a) In case that, for the execution of the contract for use, the Company did the identity verification through real name authentication, mobile phone authentication, a credit card, etc.: The person himself/herself
(b) Other than Article 23(3)(a), in case that the User executed the contract for use by way of a Platform-Based Account: The person whose identity is verified through the mobile phone, e-mail, etc. registered in the relevant Platform Provider
(c) Other than Article 23(3)(a) and Article 23(3)(b): The person whose name is registered in the payment means for the payment of the relevant purchase amount (credit card, account transfer, App Market, Platform Provider, telecommunications service provider, etc.)
(4) The Company may request certain documents, etc. in order to verify the party to whom the refund is to be made under Article 23(3).
(5) Notwithstanding Article 23(3), the Company may proceed with the refund process by using the same method used for the payment for the relevant paid Contents. For example, the Company may proceed with the refund process through the relevant App Market in case that a User purchased paid Contents through an App Market, and the Company may proceed with the relevant credit card's refund process, the refund process through the telecommunications service provider or others if a User made the payment by using a credit card, a telecommunications service provider or others. In such case, the Company will be deemed to have completed all of its obligations regarding refunds.
Article 24 (Termination by User)
(1) Users may terminate (hereinafter referred to as "Membership Withdrawal") the contract for use of Game Services. In case that a User applies for Membership Withdrawal, the Company may verify the User identity and, if the User identity is verified, will take measures in accordance with the User's application.
(2) In case of a User's Membership Withdrawal, the User may do so through a customer service center or the membership withdrawal procedure within the services.
Article 25 (Termination by Company and Suspension/Discontinuance of Use)
(1) In case that a User violates its obligation under these Terms of Service, the Company may terminate the contract or restrict the User's use of Game Services.
(2) In case that the Company terminates the contract for use or restrict the use, the Company will notify the User of each of the following in writing, by e-mail or by equivalent methods:
(a) Reason for termination or restriction on the use
(b) Termination date or duration of the restriction on the use
(3) The termination right or the right to restrict a User's use is not limited to the specific game or User Account where the User's violation of its obligation occurred. For the reason of a User's violation of its obligation in relation to a specific game or User Account, the Company may terminate or restrict the same User's other User Accounts or contract for use of Game Services for other games.
(4) In case that the contract is terminated or the use is restricted in accordance with this Article, the User may not claim any refund or damages therefor.
Article 26 (Restriction on Use as Tentative Measure)
(1) The Company may suspend a User Account until the investigation of any of the following problems is completed:
(a) In case that a proper report that an account is hacked or illegally used is filed;
(b) In case that there is reasonable suspicion that the User is a person who violated an obligation or committed an illegal act, such as a user of an illegal program or a game sweatshop; or
(c) In case that a tentative measure needs to be taken for a reason equivalent to any of the foregoing.
(2) For paid Contents with a specific duration of use or paid Contents with a specific term, after the investigation under Article 26(1) is completed, the duration of use will be extended by the time of the suspension of use; provided that the foregoing will not apply in case that, as a result of the investigation under Article 26(1), the User is determined to have breached an obligation or committed an illegal act.
Article 27 (Procedure for Making Objection to Restriction on Use)
(1) If a User wants to make an objection to the Company's restriction on use, the User must submit to the Company a statement of objection containing the reason for objecting to the Company's restriction on use in writing, by e-mail or by other equivalent methods within 15 days from the receipt of the Company's notification.
(2) When the Company receives the statement of objection under Article 27(1), the Company, within 15 days from such receipt, must respond to the User's reason for objection in writing, by e-mail or by other equivalent methods; provided that if it is difficult to respond within 15 days, the Company will notify the User of the reason and the schedule for the handling process.
(3) The Company must take measures in accordance with the above response.
Chapter 6 Intellectual Property Rights
Article 28 (Vesting of Copyrights, Etc.)
(1) The copyrights and other intellectual property rights in or to the Contents produced by the Company within Game Services will be owned by the Company.
(2) Users may not use or have a third party use, for commercial purposes, by copying, transmitting, publishing, distributing or broadcasting or by any other method, the information whose intellectual property rights are vested in the Company or the provider out of the information obtained by using Game Services provided by the Company, without prior consent of the Company or the provider.
(3) Users permit the Company to use, in the following methods and conditions, communications (including text conversation), images, sounds and all data and information which are seen within the game or which the Users or other Users upload or transmit through a game client or Game Services in relation to Game Services (hereinafter referred to as "User Contents"):
(a) To use, change in the form of editing and otherwise alter the applicable User Contents (They can be used in any form including publication, copying, performance, transmission, distribution, broadcasting, creation of derivative works, etc., and there is no limit on the duration and location of use.); and
(b) Not to sell, lease or transfer User Contents for the purpose of transaction without prior consent of the User who produced the User Contents.
(4) The Company will not commercially use a User's User Contents which are not seen within the game and are not integrated into Game Services (e.g., postings on the general bulletin board, etc.) without the User's express consent, and the User may delete such User Contents at any time.
(5) In case that the Company determines that the postings and the posted contents that a User posts and registers fall under the prohibited act under Article 14, the Company may delete them or refuse the movement or registration of them without prior notification.
(6) A User whose legal benefits are encroached on due to the information posted in the bulletin board, etc. operated by the Company may request the Company to delete the information or post refuting statements. In such case, the Company will take necessary measures in a speedy manner and notify the applicant thereof.
(7) Article 28(3) will apply during the period that the Company operates Game Services and will continuously apply after Membership Withdrawal.
Chapter 7 Damages, Etc.
Article 29 (Damages)
(1) In case that the Company causes damages to a User by willful misconduct or gross negligence, the Company will be liable for such damages.
(2) In case that a User causes damages to the Company due to the User's violation of these Terms of Service, the User will be liable to the Company for such damages.
Article 30 (Company Exemption)
(1) In case that the Company is unable to provide services due to a war, warlike incident, natural disaster, emergencies, technical flaws which cannot be solved by current technologies or other force majeure, the Company is exempt from liabilities.
(2) The Company is exempt from liabilities for the suspension or discontinuance of Game Services, an error on the use and the termination of contract which are due to a reason attributable to a User.
(3) The Company is exempt from liabilities in the absence of the Company's willful misconduct or gross negligence in case that a User suffers damages due to a telecommunication provider's suspension or discontinuance of or not properly providing telecommunication services.
(4) The Company is exempt from liabilities in the absence of the Company's willful misconduct or gross negligence in case that Game Services are suspended or an error occurs due to an unavoidable reason, such as a repair, replacement, regular inspection, construction, etc. of the equipment for Game Services which is notified in advance.
(5) The Company is exempt from liabilities for all problems which occur due to a User's Device environment or, in the absence of the Company's willful misconduct or gross negligence, all problems which occur due to the network environment.
(6) The Company is exempt from liabilities in the absence of the Company's willful misconduct or gross negligence for the reliability, accuracy, etc. of the information, data and facts posted or transmitted within Game Services or the website by a User or a third party.
(7) The Company has no obligation to intervene in the dispute arising from Game Services among Users or between a User and a third party and has no liabilities for any relevant damages.
(8) The Company will pay no damages in the absence of the Company's willful misconduct or gross negligence in case of free services out of the services provided by the Company.
(9) A part of Game Services may be provided through game services provided by a third party, and the Company is exempt from liabilities in the absence of the Company's willful misconduct or gross negligence for damages, etc. incurred due to the game services provided by a third party.
(10) The Company has no liabilities for a User's not obtaining expected results of or a User's losing character, experience point, item, etc. in the User's use of Game Services, and the Company is exempt from liabilities in the absence of the Company's willful misconduct or gross negligence for damages, etc. arising from a choice for or use of Game Services.
(11) The Company is exempt from liabilities in the absence of the Company's willful misconduct or gross negligence for a User's loss of cyber assets (game money) or ranking / experience point on the game.
(12) The Company is exempt from liabilities in the absence of the Company's willful misconduct or gross negligence in case that damages occur due to a User's Device error or in case that damages occur due to inaccurately entering or not entering personal information and e-mail address.
(13) The Company is exempt from liability for damages resulting from a User's violation of Article 10(3) and Article 20(8) of these Terms of Service.
(14) The Company is exempt from liabilities in the absence of the Company's willful misconduct or gross negligence in case that a User suffers damages due to an App Market, Platform Provider or other partner's suspension or discontinuance of or not properly providing the services.
(15) The Company may restrict the hours of Game Services, etc. depending on the Game Services or User in accordance with applicable laws, government policies, etc., and the Company is exempt from liabilities for such restrictions or all matters relating to the use of Game Services which arise due to such restrictions.
Chapter 8 Others
Article 31 (Effect of Terms of Service)
(1) By a User's consenting to these Terms of Service, these Terms of Service are incorporated into the contract for use between the Company and the User and applied.
(2) In case that these Terms of Service are changed in accordance with Article 4 and Users consent thereto (including the cases where Users are deemed to consent), the changed Terms of Service are incorporated into the contract for use and applied.
Article 32 (Handling of Users' Complaints and Dispute Resolution)
(1) The Company, for the purpose of accommodating Users, will indicate on the initial screen of the game or the Game Services Homepage how Users can present opinions or file complaints. The Company will operate a special team for the handling of such Users' opinions or complaints.
(2) The Company will handle Users' opinions or complaints within a reasonable period of time in a speedy manner if such opinions or complaints are deemed objectively reasonable; provided that if it takes a long time to handle such opinions or complaints, the Company will notify Users of the reason why it takes a long time and the schedule for the handling process on the Game Services Homepage, by e-mail or phone, in writing or by other methods.
(3) In case that a dispute between the Company and a User occurs and the dispute is referred to a third party dispute reconciliation institution, the Company may prove the measures taken in regard to the User, such as restrictions on the use, in good faith and follow the reconciliation institution's reconciliation.
Article 33 (Notification to Users)
(1) In case that the Company notifies a User, the notification can be made through an e-mail address, electronic memo or others designated by the User; provided that in case of a Platform-Based Account, the Company may notify a User using the function provided by the relevant Platform Provider, and that if there is no appropriate method of notifying a User or a notification is to be made for a Guest Account, the Company may use the message services within the game or notify a User in other appropriate methods.
(2) In case that the Company notifies all Users, the Company may substitute posting on the initial screen of the Company's game website or presenting a pop-up, etc. for not less than 7 days, for the notification under Article 33(1).
Article 34 (Jurisdiction and Governing Law)
(1) These Terms of Service will be governed and construed in accordance with the laws of the Republic of Korea.
(2) In case that a dispute between the Company and a User leads to filing of a lawsuit, the competent court will be the court determined pursuant to the procedures stipulated in laws; provided that a dispute between a User whose address is outside Korea and the Company will be subject to the jurisdiction of the Seoul Central District Court of Korea.
Article 35 (Language)
These Terms of Service are made both in the Korean version and the English version. In case of any dispute regarding construction, the Korean version will prevail.
These Terms of Service will enter into effect from [June] [30th], 2017.
1. Personal Information the Company Collects and Method of Collection
A. Personal Information the Company Collects
- Identification numbers provided through the services of Users' Platform Providers, names or nicknames of Users, device serial numbers (Device ID or IMEI), e-mail, etc.;
- Users' status, time of visit, records of the use of the services, records of improper use, etc.; and
- Credit card information, telecommunications service provider information, purchase details, gift certificate numbers and other payment-related information may be collected. Additional personal information may be collected in certain cases, such as the following: E-mail addresses and confirmation on purchase details may be collected for smooth customer service if a customer requests restoration of paid Contents and refunds, and real name and proof of family relation may be collected in order to verify payment by a different person.
B. Method of Collection
- Collection through Users' voluntary provision in the course of subscription to or use of the services
- Automatic collection through platforms being in partnership with the Company in relation to the provision of services
- Collection through automatic collection system, etc.
2. Purpose of Collection and Use of Personal Information
A. Performance of Contract and Payment of Fees
- Provision of basic game functions, provision of functions of communication among Users (such as invitation of friends and sending gifts), authentication of User Accounts, product shipping, billing, payment and collection of fees
B. Member Management
- Member authentication for the use of membership services, authentication of Users in relation to the provision of the Game Services, personal identification, prevention of improper members' misuse and unauthorized use, confirmation on the intent to subscribe, restriction on subscription and number of subscription, preservation of records for identity verification and dispute resolution, complaint handling and delivery of notices
C. Marketing and Promotion
- Development of new services, application to marketing/advertising, provision of customized services, provision of services and advertisement display in accordance with statistical characteristics, verification of effectiveness of services, provision of promotional event and advertising information as well as the opportunities to participate therein, and access frequency check and statistics on members' use of services
3. Period of Retention and Use of Personal Information
In principle, after the purpose of the collection and use of personal information is accomplished, the relevant information will be immediately destroyed; provided that in case that there is a need to preserve the information pursuant to the Company's internal policies and applicable laws, the Company will store the information for a certain period set forth in applicable laws as follows:
A. Grounds for Retention of Information Based on the Company's Internal Policies
- Records of improper use (Ground for retention: prevention of misuse, Period of retention: 1 year)
B. Reason for Retention of Information Based on Applicable Laws
- Records relating to contracts, cancellation of subscription or the like (Ground for retention: Korean Act on the Consumer Protection in Electronic Commerce, Etc., Period of retention: 5 years)
- Records relating to payments and provision of goods, etc. (Ground for retention: Korean Act on the Consumer Protection in Electronic Commerce, Etc., Period of retention: 5 years)
- Records relating to customer complaints or dispute handling (Ground for retention: Korean Act on the Consumer Protection in Electronic Commerce, Etc., Period of retention: 3 years)
- Records relating to visits (Ground for retention : Korean Protection of Communications Secrets Act, Period of retention: 3 months)
4. Procedure and Method of Destruction of Personal Information
Personal information of Users will be, in principle, immediately destroyed once the purpose of the collection and use of the personal information is accomplished. The Company's procedure and method of destruction of personal information are as follows:
A. Procedure of Destruction
- The information entered by Users for the subscription to services, etc. will be moved to a separate DB (in case of paper, a separate document box) after the purpose is achieved, and destroyed after being stored for a certain period in accordance with the ground for the information protection under the Company's internal policies and applicable laws (Refer to periods of retention).
- The said personal information will not be used for any purpose other than the purpose of retention unless otherwise prescribed by law.
B. Method of Destruction
- Personal information printed on paper will be destroyed by shredding through a shredder or incineration.
- Personal information stored in the form of an electronic file will be deleted through a non-recoverable technical method.
5. Provision of Personal Information
The Company, in principle, will not provide personal information of Users to a third party except for the following cases:
- In case that Users consent in advance; or
- Pursuant to applicable laws or in case of an investigation authority's request for investigation purposes pursuant to the procedures and methods set forth in laws.
6. Delegation of Collected Personal Information
The Company can delegates certain operation to outside entities for the performance of services as follows:
- Delegated entity: (None)
- Delegated matters: Customer service and support as well as service operation (such as operation of the relevant community)
7. Rights of Users and Their Legal Representatives and Method of Exercise of Such Rights
- Users may review or change their registered personal information at any time and request termination of subscription.
- A User may, after going through the identity verification procedure by clicking "Change of Personal Information" (or "Change of Member Information") in case that the User wants to review and change his or her personal information and "Membership Withdrawal" in case that the User wants subscription termination (revocation of consent), directly review and change his or her personal information or withdraw his or her membership.
- If a User contacts the person responsible for personal information management in writing, by phone or by e-mail, the Company will immediately take proper measures.
- In case that a User requests a correction of an error of the personal information, the relevant personal information will not be used or provided until the correction is completed. Further, if erroneous information is already provided to a third party, the Company will immediately notify the third party of the results of the correction and have the third party make the correction.
- The Company will handle the personal information terminated or deleted per a User's request in accordance with the "Period of Retention and Use of Personal Information the Company Collects" and prevent any review or use of such personal information for other purposes.
8. Installation / Operation of Personal Information Automatic Collection System and Refusal Thereof
The Company may automatically collect device identification numbers (Device ID, UDID or IMEI) when a User runs an Application for Game Services in order to generate account information. Also, in order to provide functions, such as friend registration or friend recommendation, the Company may automatically collect identification numbers of Users from Platform Providers and identification numbers related to a list of friends. If a User does not consent to the automatic collection of those identification numbers or device identification numbers, Game Services including friend invitation and sending gifts cannot be properly provided, and the User will not be able to properly use Game Services of the Company.
9. Measure for Securing Safety of Personal Information
The Company implements the following technical / administrative measures for securing the safety in order for personal information not to be lost, stolen, divulged, altered or damaged in the course of handling personal information of Users:
A. Measures against Possible Hacking, Etc.: The Company makes its efforts to prevent divulgence of or damages to members' personal information due to hacking, computer virus, etc. The Company frequently backs up records against possible damages to personal information, prevents divulgence of or damages to personal information or records of Users, and arranges safe transmission of personal information on the network through encoded communications, etc. Also, the Company controls unauthorized access from the outside through an intrusion blocking system and otherwise makes its efforts to have possible technical equipment for securing systematical safety.
10. Company's Policy Regarding Children
In principle, the Company's website and Game Services are not provided to children under the age of 14, and the Company will not, knowing that a User is a child under the age of 14, collect his/her personal information. If the Company later knows of the fact that the Company collected personal information from children under the age of 14, the Company will immediately delete such personal information and take reasonable measures in order to stop the use of the relevant services.
11. Dealing with "Do Not Track" Signals (Regarding Online Personal Information Protection Laws of the State of California of the U.S.A.)
The Company has no particular operation dealing with "do not track" signals or other similar technical mechanisms.
12. Contact Information of Person Responsible for and in Charge of Personal Information Management
You may report a complaint relating to personal information protection which occurs during your use of the Company's services to the person responsible for personal information management or the relevant division. The Company will provide sufficient responses to Users' complaints in a speedy manner.
Responsible Person in Charge: Sang-Won Lee
Team and Title: Development Team / CEO
Contact Information :
If you otherwise need to report or obtain counseling regarding personal information violation, please inquire of the institutions set forth below.
Korean Personal Information Violation Report Center (www.118.or.kr / 82-118)
Korean Information Protection Mark Verification Committee (www.eprivacy.or.kr / 82-2-580-0533~4)
Korean Supreme Prosecutors' Office Cyber Criminal Investigation Department (email@example.com / 82-2-3480-3571)
Korean National Police Agency Cyber Bureau (www.ctrc.go.kr / 82-2-392-0330)