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 PIVOTGAMES,
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.)
The Company will
publish each of the following on the initial screen of Game Services or the
homepage of Game Services (www.PIVOTGAMES.com, hereinafter referred to as the
¡°Game Services Homepage"), so that Users can easily see them; provided
that the Personal Information Handling Policy (hereinafter referred to as the
"Privacy Policy") can be made accessible to Users through a link:
(a) Company name
(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
(e) Privacy Policy
(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)
(1) The Company
makes its efforts to protect personal information of Users including account
information in accordance with applicable laws. For the protection and
use of Users' personal information, applicable laws and the Privacy Policy
separately notified by the Company will apply.
(2) The Company's
Privacy Policy does not apply to services provided by a third party simply
through a link on homepages (including, but not limited to, the Game Services
Homepage), Game Services, etc., excluding the links provided as a part of the
services.
(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.
(2) The Company
will keep all personal information including Users' account information from
being leaked from the service system managed by the Company and protect Users'
personal information from being disclosed or provided to a third party except
for the cases specified in the relevant terms and conditions (including these
Terms of Service and the Special Terms) and the Privacy Policy.
(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.
(5) The Company
will publish and comply with the Privacy Policy for the protection of personal
information.
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.PIVOTGAMES.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.
Addendum
These Terms of
Service will enter into effect from [August] [30th], 2016.