[eN] Terms of Service on BigRadar Mobile Service

쇼호스트
2020-10-20
조회수 126

Article 1 Purpose

The purpose of this Terms of Service is to prescribe the rights, duties, responsibilities, and other necessary matters between BigRadar Co., Ltd. (hereinafter referred to the “Company”) and service users (hereinafter referred to as the “Member”) who use the game services provided by the “Company” through the device and relevant network, website and any other services (hereinafter referred to as the “Service”) provided by the other company.


Article 2 Definitions of Terms

1. The terms used in this Terms of Service shall be defined as follows:

1). The “Company” shall mean a business operator that provides “Service” through the devices;
2). The “Member” shall mean a person who enters into a service contract under this Terms of Service, consents to provide personal information, and uses the services provided by the “Company”;
3). The “Guest Member” shall mean a person who provides only some information and uses only part of the service provided by the “Company”;
4). The “Device” shall mean a device that may be used by downloading or installing content, such as mobile phones, smartphones, personal digital assistants (PDAs), tablets, and other devices that can be used by downloading or installing content or through the network;
5). The “Account Information” shall collectively mean information provided by “Member” such as membership information, external account information, device information, personal profile (including a membership ID number, nickname, profile photo given to identify users on mobile platform services), and generation information such as game use information (e.g., character information, item, level), usage fee payment information, etc.;
6). The “Contents” shall mean all paid or free contents created digitally (e.g., games and network services, applications, game money, game items) in connection with the services provided by the “Company through” the device;
7). The “Open Market” shall mean e-commerce environment built to install and pay for game content on your device;
8). The “Application” shall mean any program to be downloaded or installed through the device in order to the service provided by the “Company”;
9). The “Game Service” shall mean games that “Member” plays on its device as part of services provided by the “Company” and any relevant service thereto;
10). The “Affiliated Service” shall mean an individual or any “Service” that the “Company” provides by entering into a partnership contract with mobile platform service providers such as Google, Apple, Facebook, Kakao, Line, etc. in order that “Member” may use “content” on its “device” using membership information, profile photo, etc. on an affiliated platform.

2.  Except as otherwise provided for in the subparagraphs of paragraph (1) of this Article, the definitions of terms used in this Terms of Service shall be governed by the relevant Act and its subordinate statutes and the policies by “Service,” and the those not provided for herein shall be governed by commercial practice.


Article 3 Provision of Company Information, etc.

The “Company” shall display each of the following subparagraphs in the game service so that the “Member” may easily recognize them; Provided, however, that the privacy policy and the Terms of Service may be viewed by the “Member” through the link page:

1. Company name and representative name;

2. Address of the business office (including the address where Member’s complaint may be resolved);

3. Telephone number and e-mail address;

4. Business registration number;

5. Report number of mail order business;

6. Privacy policy;

7. Terms of Service


Article 4 Validity and Amendment of the Terms of Service

1. The “Company” shall post the contents of this Terms of Service within the game service or its link page so that the “Member” may easily understand it. If the “Member” clicks the Accept button on this Terms of Service, he or she shall be deemed to have consented to this Terms of Service. In this case, important contents such as service interruption, withdrawal of subscription, the refund of overpayment or erroneous payment, cancellation or termination of the contract, and exemption of company shall be treated in bold letters, colors, signs, etc. or through a separate link page, etc. for easy understanding by the “Member.”

2. If the “Company” amends this Terms of Service, it shall notify the “Member” by posting the date of application, details, and reasons of amendment in the game service or on the link page from at least seven (7) days before the date of application until a considerable period elapses after the date of application; Provided, however, that any change in matters unfavorable to or important to the “Member” shall be announced by the same method as in the main provision thirty (30) days before the date of application, and the “Member” shall be notified by the method referred to in Article 28 (1). In this case, the contents before and after the amendment shall be clearly compared and marked for the “Member” to easily understand.

3. Where the “Company” amends this Terms of Service, it shall confirm whether the “Member” consents to the application of the amended Terms of Service after the notice of the amended Terms of Service. Where the “Company” gives a notice or announcement under paragraph (2), it also states that the “Member” will be deemed to have accepted unless he/she expresses his/her intention to refuse, it may be deemed that the “Member” has consented to the amended Terms of Service by the date of its enforcement. The “Member” shall have the right to disagree with the amended Terms of Service, and if the “Member” does not consent to the amended Terms of Service, the “Company” or the “Member” may terminate the service contract.

4. The “Company” shall take measures so that the “Member” may inquire and respond to the “Company” about the contents of this Terms of Service.

5. The “Company” may amend this Terms of Service to the extent that it does not violate the relevant laws of the Republic of Korea, such as the “Act on the Consumer Protection in Electronic Commerce, etc.,” the “Act on the Regulation of Terms of Service,” the “Game Industry Promotion Act,” the “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.,” and the “Content Industry Promotion Act.”


Article 5 Conclusion and Application of Service Contract

1. If the user willing to become a “Member” shall enter into a service contract with the “Company.” The service contract shall be made when the “Company” approves the user’s access if the user applies for the service by providing personal information necessary for the service provision and consenting to this Terms of Service.

2. In principle, the “Company” shall approve the service use in the order in which the user applies for the service. Provided, however, that in cases falling under any of the following, the approval may be withheld until the reasons are resolved:
1). In the event that there is no room for the Company’s facilities, the support of a particular device is difficult, or there is a technical failure;
2). In the event of a service failure, service charge, or payment method failure;
3). In the event of youth (as defined in paragraph 2 of this Article) without the consent of the legal representative or not being able to confirm that the consent of the legal representative has been obtained (Provided, however, that if the Company’s services are provided through mobile platforms such as Google, Apple, Facebook, Kakao, and Line, the consent of this Article shall mean that the membership and consent procedures of the mobile platform may not be verified);
4). In the event that it is impracticable to approve the access due to the Company’s circumstances for any other reasons commensurate with the aforementioned subparagraphs.

3. The “Company” may not approve the access in the following cases or restrict the use of the “Service”:
1). In the event that the details of an application for use are falsely stated or the requirements for application for use are not met;
2). In the event of stealing someone else’s information or device;
3). In the event of using the “Service” for the purpose of criminal acts prescribed by the Criminal Act;
4). In the event of using the “Service” for purposes contrary to the purpose of the Youth Protection Act;
5). In the event of using the “Service” for the purpose of pursuing profit;
6). In the event that the “Member” who is competitive with the “Service” applies for the purpose of undermining the interests of the “Company”;
7). In the event that the “Company” needs to restrict the provision of the “Service” in connection with a contract concluded with an overseas service provider or with the provision of services to “Member” who access in a particular country when the “Service” is used in a country other than the Republic of Korea where the “Company” has not yet decided to provide the “Service”;
8). In the event of applying for the use of the “Service” on a device which the “Company” restricts the use of the “Service”;
9). In the event of applying for the use for the purpose of committing illegal acts prohibited by the “Game Industry Promotion Act,” the “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.,” and the relevant Act and its subordinate statutes of the Republic of Korea;
10). In the event of using the “Service” for the purpose of impeding social peace and order, or good social morals and customs or for improper use;
11). In the event that it is impracticable to approve the access due to the Company’s circumstances for any other reasons commensurate with the aforementioned subparagraphs.

4. The “Company” shall allow the “Member” to use the “Service” immediately if he/she completes the procedure for consenting to this Terms of Service or enters personal information necessary for the use of the “Service” unless there is any reason to withhold or deny approval; Provided, however, that if any reason to reject the approval is found afterward, the restriction of use or termination of the contract may be made in accordance with the provisions of this Terms of Service.


Article 6 Operation Policy

1. The “Company” may set the necessary matters for applying the Terms of Service and the matters delegated by the Terms of Service with specific scope and operation policies (hereinafter referred to as the “Operation Policy”) to protect the rights and interests of the “Member” and maintain order in the “Service.”

2. The “Operation Policy” is posted within the game service or on the link page.

3. The “Company” shall comply with the procedure under the Article 4 (2) when amending the “Operation Policy”; Provided, however, that if the amendment of the “Operation Policy” falls under any of the following, it shall be notified in advance by the method referred to in paragraph (2) of this Article:
1). In the event of amending matters delegated by this Terms of Service with a specific scope;
2). In the event of amending matters unrelated to the rights and obligations of the “Member”;
3). In the event of amending the “Operation Policy” to the extent that the contents of the “Operation Policy” are not fundamentally different from those prescribed in this Terms of Service and it is predictable by the “Member.”


Article 7 Protection and Use of Personal Information

1. The “Company” shall endeavor to protect the Member’ personal information as prescribed by the relevant Act and its subordinate statutes, and the protection and use of personal information shall be governed by the relevant Act and its subordinate statutes, and the Company’s privacy policy; Provided, however, that the Company’s privacy policy shall not apply to services provided by third parties other than services provided directly by the “Company.”

2. The Member’s status information, nicknames, photos, etc. are registered to explain themselves in the course of communication with other members. They may be disclosed to other members according to the characteristics of the “Service,” and if the “Service” is used through affiliated services, the “Member” shall consent that the service records may be exposed to third parties along with the Member’s profiles and nicknames on affiliated services.

3. The “Company” shall not be held liable for damages caused by personal information leakage due to reasons attributable to the “Member.”


Article 8 Provision and Change of Member Information

1. If the “Member” is required to provide information to the “Company” under this Terms of Service, the “Member” shall provide true information and shall not be protected from any disadvantages caused by the provision of false information.

2. If any changes have been made to the matters entered at the time of application for membership, the “Member” shall modify it online or notify the “Company” of the changes by other means.

3. The “Company” shall not provide the Members’ personal information to others without their consent unless requested by the relevant national agencies, etc. under the relevant Act and its subordinate statutes.

4. The “Company” shall not be held liable for any disadvantage to the “Member” and others caused by the failure of the “Member” to notify the “Company” of the change of information under paragraph (2) of this Article. If another person takes legal action against the “Company” or damages occur to the “Company” due to the above reasons, the “Member” shall resolve the matter at his or her own expense and responsibility.


Article 9 Company’s Obligations

1. The “Company” shall faithfully observe the exercise of the rights and obligations prescribed by the relevant Act and its subordinate statutes and this Terms of Service in accordance with good faith.

2. The “Company” shall have a security system for the protection of personal information (including credit information) so that the “Member” may use the “Service” safely, and shall announce and comply with the privacy policy. Except as otherwise provided in this Terms of Service and the privacy policy, the “Company” shall prevent the disclosure or provision of the Member’s personal information to third parties.

3. When equipment fails, or data is lost or damaged during service improvement in order to provide continuous and stable services, the “Company” shall do its best to repair or recover without delay, unless there are unavoidable reasons, such as natural disasters, emergencies, or problems or defects that cannot be solved by current technology.


Article 10 Member’s Obligations

1. When using the “Service,” the “Member” shall comply with the relevant Act and its subordinate statutes, such as the matters stipulated in this Terms of Service, “Operation Policy,” other regulations prescribed by the “Company,” matters notified by the “Company,” and the Youth Protection Act.

2. The “Member” shall not perform the following acts:
1). The act of entering false information when applying for use or changing member information;
2). The act of trading or donating or acquiring cyber assets (IDs, characters, items, game money, etc.) through services or abnormal methods not provided by the “Company”;
3). The act of changing an application without special rights from the “Company,” adding or inserting another program to the application, hacking or reverse-designing a server, leaking or changing source code or application data, building a separate server, or arbitrarily changing and stealing parts of the website to impersonate the “Company”;
4). The act of fraud related to payment, such as the purchase of paid contents by stealing other people’s credit card, wire/wireless telephone, bank accounts, etc., and the fraudulent use of other members’ IDs and passwords;
5). The act of unauthorized collection, saving, posting, or dissemination of other members’ personal information;
6). The act of improper use of services, including performing or inducing speculative acts such as gambling, exchanging and posting obscene information or connecting (link) pornographic sites, sending or distributing words, sounds, texts, pictures, photos, or videos that provoke shame, disgust or fear to others;
7). The act of unauthorized use of the “Service” for purposes other than the original such as profit, sales, advertising, public relations, political activities, election campaigns, etc.;
8). The act of unauthorized reproduction, distribution, incitement, commercial use of information obtained using the Company’s Service, and the use of “Service” by exploiting known or unknown bugs;
9). The act of affecting the outcome of a game, such as making a profit by deceiving others, damaging others in connection with the use of the Company’s Service, match-fixing, or forcing the game to end;
10). The act of infringement of intellectual property rights (including patents, trademarks, and other rights), trade secrets or portrait rights of the “Company” or others, defaming or damaging others;
11). The act of deliberately transmitting, posting, disseminating, or using information (computer programs) prohibited from being transmitted or posted by statute, or viruses, computer codes, files, programs, etc. designed to obstruct or destroy the normal operation of computer software, hardware, or telecommunication equipment;
12). The act of posting or sending mail under the guise of an employee or operator of the “Company” or by stealing the name of another person, masquerading as another person, or falsely stating the relationship with another person;
13). The act of interfering with the Company’s tasks or damaging the Company’s reputation;
14). The act of transmitting, posting vulgar and obscene information, sentences, shapes, sounds, videos in violation of the Youth Protection Act or other statutes, or distributing by any other means to others;
15). The acts in violation of relevant Act and its subordinate statutes or contrary to public order and good customs and other social norms.

3. The “Member” shall not engage in any business activities that generate profits in property to himself or others by using the “Service” without prior consent from the “Company” and the “Member” shall be fully responsible for the results of such business activities. If a third party makes complaints or claims damages against the “Company” due to the above business activities, the “Member” shall be responsible for indemnifying the “Company” at the Member’s expense, and if any damage occurs to the “Company,” the “Company” may request the “Member” to compensate for the damage caused by the above business activities, but this shall not apply if the “Company” by intention or gross negligence facilitates the occurrence of the damage or fails to take measures to prevent the damage.

4. The “Member” shall be responsible for the management of the Member’s account and device, and it shall not be allowed to be used by others. The “Company” shall not be responsible for damages caused by poor management of the device or by allowing others to use the device.

5. The “Member” shall manage the payment by setting the payment password function provided by each open market so that no fraudulent payment can be made. The “Company” shall not be responsible for any problems caused by the failure to set the payment password function.

6. The “Company” may determine the details of the following acts, and the “Member” shall follow them:
1). The Member’s account name, character name, guild name, and other names used in the game;
2). Chat contents and methods;
3). How to use bulletin boards and “Service”;
4). External mobile platform affiliated service policies, including Google, Apple, Facebook, Kakao, and Line.


Article 11 Provision of Services

1. The “Company” shall be able to provide services immediately to the “Member” whose service contract has been completed in accordance with Article 5; Provided, however, that for some services, the “Service” may be started from the designated date according to the company’s needs, and if there is no separate indication or notice, the service shall be provided twenty-four (24) hours a day annually.

2. When the “Company” provides game services to the “Member,” it may also provide other additional services, including those specified in this Terms of Service.

3. The “Company” may treat differentially in use by classifying the members’ ratings and subdividing the hours of use, frequency of use, the scope of service provided, etc.


Article 12 Service Use

1. The game services shall be provided for a fixed period of time according to the Company’s sales policy. The “Company” shall inform the game service delivery time in an appropriate way on the game application home page or in-game service announcement.

2.  Notwithstanding paragraph 1 of this Article, the “Company” may suspend all or part of the “Service” in the following cases. In this case, the “Company” shall notify the reason and duration of the suspension in advance on the game application home page or in the game service announcement; Provided, however, that if there are unavoidable circumstances that may not be notified in advance, the notice may be made afterward:
1). Where it is necessary for the operation of the system, such as regular inspection of the system, extension and replacement of servers, and instability of the network;
2). Where it is necessary to respond to electronic infringement accidents such as hacking, telecommunication accidents, abnormal game use behavior of members, and instability of game services that were not expected;
3). Where it is impossible to provide normal services due to power outage, failure of service facilities, excessive use of services, repair or inspection of facilities by a key telecommunications service provider, etc.;
4). Where a situation occurs beyond the control of the “Company,” such as wartime, an incident, a natural disaster, or a national emergency equivalent thereto.

3. The “Company” shall provide services using dedicated applications for devices or networks. The “Member” may download and install the application or use the network to access the service free of charge or for a fee.

4. For paid contents, the “Member” may pay the fee specified in the service to use it. If the “Member” downloads applications or uses services over the network, a separate fee set by its mobile carrier may be incurred.

5. Services used by downloaded and installed applications or services used over the network shall be provided to suit the characteristics of the device or mobile carrier. In the event of a device change, number change, or overseas roaming, all or part of the content may not be available, and the “Company” shall not be held liable in such cases.

6. For services used by downloaded and installed applications or services used over the network, background processing may be performed. In this case, additional charges may be incurred to suit the characteristics of the device or mobile carrier, and the “Company” shall not be liable for this.


Article 13 Changes and Suspensions of Service

1. The “Company” may change all or part of the game service at any time if necessary for the operation or technical reasons of the game service, such as new contents and various bug patches, and shall notify the details within the game service before the change. Provided, however, that if it is necessary to make changes inevitably, such as fixing bugs, errors, etc. or emergency updates, or if it does not constitute a significant change, it may be notified after the event.

2. If the company is unable to continue the game service due to major management or technical reasons, such as the abolition of business due to transfer of business, division, merger, etc., expiration of the contract for game service, and significant deterioration of profits of the game service, the “Company” may suspend all of the services and ultimately discontinue the provision of the “Service” with thirty (30) days’ notice in advance. In this case, the date of discontinuance, the reason for discontinuance, compensation conditions, etc. shall be announced on the game application home page or the link page before thirty (30) days prior to the discontinuance date, and the “Member” shall be notified by the method referred to in Article 28 (1)

3. In the case of paragraph (2) of this Article, the “Company” shall refund unused paid items or paid items with the remaining period of use in accordance with Article 25 (3).


Article 14 Collection of information, etc.

1. The “Company” may store and keep chat transcripts between members, and only the “Company” may hold this information. The “Company” may access this information only for the mediation of disputes among its members, handling customer service, or maintenance of the game order, and a third party may access only if the third party is authorized under the relevant Act and its subordinate statutes.

2. When the “Company” or a third party accesses chat information pursuant to paragraph (1), the “Company” shall notify the “Member” of the reason and scope of the access in advance; Provided, however, that if this information is to be accessed in connection with the investigation, process, confirmation of prohibited acts under Article 10 (2) or the remedy for damages caused by such acts, it may be notified after the fact.

3. The “Company” may collect and utilize the Member’s device information (setup, specification, operating system, version, etc.) except the Member’s personal information for smooth and stable operation of the “Service” and the improvement of service quality.

4. The “Company” may request additional information from the “Member” for the purpose of improving the “Service” and introducing the “Service” to the “Member,” etc. The “Member” may accept or reject this request, and in the event of the Company’s request, the “Member” shall also be notified that the “Member” may refuse the request.


Article 15 Provision of Ads

1. The “Company” may place advertisements within the game service regarding the operation of the “Service.” In addition, advertising information may only be sent to the members who consent to receive by e-mail, text (LMS/SMS), push notification, etc., and the “Member” consents to it. In this case, the “Member” may refuse to receive it at any time, and the “Company” shall not send advertising information when the “Member” refuses to receive it.

2. The “Member” may be connected to advertisements or services provided by others through banners or links among the services provided by the “Company.”

3. When connected to advertisements or services provided by others pursuant to paragraph (2), the “Company” shall not guarantee reliability, stability, etc. since the services provided in the relevant area are not the company’s service area, and the “Company” shall not be held liable for damages to the “Member.” Provided, however, that this shall not apply if the “Company” by intention or gross negligence facilitates the occurrence of damages or fails to take measures to prevent damages.


Article 16 Copyright Ownership, etc.

1. Copyright and other intellectual property rights of the contents of the game service produced by the “Company” belong to the “Company.”

2. The “Member” shall not use the information of which the intellectual property rights belongs to the “Company” or a provider of the information among the information obtained from the use of the “Service” provided by the “Company” for profit-making purposes or allow others to use it by means of duplication, transmission, etc. (including editing, publication, performance, distribution, broadcasting, and secondary production. same as above.) without prior consent from the company or the provider.

3. The “Member” shall allow the “Company” to use communications, images, sounds, and all materials and information (the “user content”), including dialogue texts that are shown within the game or are uploaded or transmitted through the game application or the game service by the members or other members in connection with the game service in the following ways and conditions:
1). Using the relevant user’s contents, changing the editing format, and other modifications (publication, reproduction, performance, transmission, distribution, broadcasting, secondary production, etc. are available in any form, and there are no restrictions on the period of use and the region);
2). Not selling, lending, or transferring user’s contents for the purpose of trading without the prior consent of the members who produced the user’s contents.

4. The “Company” shall not use the Member’s user contents (e.g., posts in general bulletin boards, etc.) that are not shown in the game and are not integrated with the game service without the explicit consent of the “Member,” and the “Member” may delete such user contents at any time.

5. The “Company” may delete or move certain posts without prior notice or refuse to register them if they are deemed to be defamation, violation of privacy, etc. or prohibited under Article 10 (2).

6. The “Member” whose legal interests are violated by the information posted on the Company’s bulletin board, etc. may request the “Company” to delete the information or post a rebuttal. In this case, the “Company” shall promptly take the necessary actions and notify the applicant.

7. This Article shall be valid during the Company’s operation of game services and continue to apply even after the account has been deleted.


Article 17 Purchase, Use Period and Use of Paid Contents

1. Paid contents purchased by the “Member” within the game service are only available on devices that have downloaded or installed the application.

2. The period of use of paid contents purchased by the “Member” shall follow the specified period at the time of its purchase. Provided, however, that in the event of a service discontinuance pursuant to Article 13 (2), the period of use of paid contents not specified with fixed period shall be until the date of service discontinuance announced at the time of notification of the service discontinuance.


Article 18 Affiliated Services

1. The “Company” may partner with the mobile platform service provider to allow the “Member” to use the services applied with the affiliate service function.

2. Before using the game service, the “Member” shall consent to provide and use personal information necessary for providing the “Service,” including personal profiles of mobile platforms such as Google, Apple, Facebook, Kakao, and Line. If not, there may be some restrictions on the use of some services.

3. The “Company” may provide various game services with its affiliates. Due to the nature of the game service, if the “Member” who has signed up with several services intends to cancel the service use, he/she shall apply for cancellation (account deletion) for each service he/she has signed up with.

4. Since the “Service” is provided using the member information of an affiliate when the “Member” loses the membership of each affiliate or deletes its account from the affiliate, the “Member” may not succeed to the Member’s service records or game records, etc. of the affiliated services, and the “Company” shall not assume any responsibility for the loss.

5. If the installed content is deleted, there may be cases where the Member’s items and usage information are deleted, so please check in advance before deleting them.


Article 19 Restriction on Member’s Use of Service

1. The “Member” shall not commit any act in violation of the Member’s obligations under Article 10 of this Terms of Service, and in the event of such act, the “Company” may take measures such as the restriction on the Member’s use of the “Service” according to the following classifications, the deletion of related information (writing, photo, video, etc.) and other measures. The specific reasons and procedures for the restriction shall be determined by the operation policy of individual games pursuant to Article 20 (1):
1). Restriction on partial access: Restriction on partial access, such as chatting, for a certain period of time
2). Restriction on character use: Restriction on the Member’s character use for a certain period of time or permanently
3). Restriction on account use: Restriction on the Member’s account use for a certain period of time or permanently
4). Restriction on the Member’s use: Restriction on the Member’s game service use for a certain period of time or permanently

2. If the restriction on use under paragraph (1) is justifiable, the “Company” shall not compensate for the damage suffered by the “Member” due to the restriction on use.

3. The “Member” shall be responsible for compensating the damages inflicted on the “Company” or other “members” for the reasons attributable to the “Member” by the preceding paragraph.

4. The “Company” may suspend the service use of the account until the investigation for the following reasons is completed:
1). In the event that a legitimate report is filed that the account has been hacked or stolen;
2). In the event of a suspected person of illegal activities, such as illegal program users or workplaces;
3). In the event that provisional measures for the use of the “Service” are required for other reasons commensurate with each of the subparagraphs.

5. After the investigation under paragraph (4) is completed, for the paid game service, the Member’s hours of use shall be extended as much as the suspended time, or the “Member” shall be compensated with the equivalent paid service or cash, etc.; Provided, however, that this shall not apply where the “Member” falls under the reasons referred to in the subparagraphs of paragraph (4)

6. If the restriction on the use by “Company” is justifiable, the “Company” shall not compensate for any damages inflicted on the “members” due to the restriction on use and termination of the contract, and no compensation or refund related to the remaining services, such as the balance and the remaining period related to the use of paid services, shall be available.


Article 20 Reasons and Procedures for Restricted Use Measures 

1. The “Company” shall determine the specific reasons and procedures for the restricted use measures under Article 19 (1) as an operation policy in consideration of the details, degree, frequency, results, etc. of prohibited acts under Article 10 (2).

2. If the “Company” takes restricted use measures prescribed in Article 19 (1), it shall notify the “Member” of the following matters in advance. Provided, however, that if it is necessary to take urgent action, it may be notified after the fact:
1). Reasons for restricted use measures;
2). Type and period of restricted use measures;
3). How to raise an objection to restricted use measures.


Article 21 Procedures for Objection on Restricted Use Measures

1. When the “Member” intends to disobey the Company’s restricted use measures, he/she shall submit an objection application stating the reasons for dissatisfaction to the “Company” in writing, by e-mail, or by other equivalent ways within fourteen (14) days from the date he/she is notified of the measure.

2. The “Company” shall respond to the reasons for dissatisfaction in writing, by e-mail or by other equivalent ways within fifteen (15) days from the date of receipt of the objection under paragraph (1). Provided, however, that if it is difficult to answer within this period, the “Company” shall notify the “Member” of the reason and the processing schedule.

3. If the reason for dissatisfaction is reasonable, the “Company” shall take action accordingly.


Article 22 Payment

1. In principle, the imposition and payment of the purchase price for the contents shall be in accordance with the policies or methods determined by mobile carriers or open market operators, etc. In addition, the limit for each payment method may be set or adjusted according to the policy set by the “Company” or open market operator or government policy.

2. If the purchase price of the contents is paid in foreign currency, the actual amount of the claim may be different from the price indicated in the service store, etc. due to the exchange rate, commission fee, etc.


Article 23 Member’s Withdrawal of Offer and Effect

1. The “Member” who has concluded a contract with the “Company” regarding the purchase of paid contents may withdraw his/her offer within seven days from the later date between the purchase contract date and the available date of the content without any additional charges, penalties, etc.

2. The “Member” shall not withdraw his/her offer under paragraph (1) against the Company’s will in any of the following cases:
1). In the case of paid content that is used or applied immediately after purchase;
2). In the case that content has come with additional benefits and the additional benefits have been used;
3). In the case of opening a content that is regarded as using it or opening the content whose utility is determined at the time of opening;
4). In the case of contents received free of charge through gifts from others or the Company’s events, etc. or obtained during the course of service use;
5). Some of the content sold in batches is used or applied.

3. In the case of contents of which the offer cannot be withdrawn pursuant to each of the subparagraph of paragraph (2), the “Company” shall clearly display the facts where the “Member” can easily know and provide products for trial use (permission of temporary use, provision for trial, etc.), or if it is difficult to provide such, the “Company” shall take measures to ensure that the Member’s right to withdraw his/her offer is not interfered by providing information on the contents. If the “Company” fails to take such measures, the “Member” may withdraw his/her offer despite the reasons for limiting the withdrawal of the offer under the subparagraphs of paragraph (2).

4. Notwithstanding the paragraphs (1) and (2), the “Member” may withdraw his/her offer within three months from the date the content becomes available or thirty (30) days from the date he/she becomes aware of or could have known the fact if the details of the purchased paid contents are different from the contents of the display advertisement or are implemented differently from the contents of the purchase contract.

5. If the “Member” withdraws the offer, the “Company” shall verify the purchase details through the platform operator or open market operator. In addition, the “Company” may contact the “Member” through the information provided by the “Member” and request additional evidence to confirm the proper reason for the Member’s withdrawal.

6. If the withdrawal of the offer is made in accordance with the paragraphs (1) through (4), the “Company” shall immediately recover the paid contents of the “Member” and refund the payment within three business days. In this case, if the “Company” delays the refund, the delayed interest calculated by multiplying the interest rate prescribed in the “Act on the Consumer Protection in Electronic Commerce, etc.” and Article 21-3 of “the Enforcement Decree of the same Act” shall be paid for the delay period.

7. If a minor enters into a contract to purchase contents on a device, the “Company” shall notify that if there is no consent from the legal representative, the minor himself or his legal representative may cancel the contract, and if the minor enters into a purchase contract without the consent of the legal representative, the minor himself or his legal representative may cancel the contract with the “Company.” Provided, however, that if a minor purchases the content with the property permitted to be disposed of within the scope by his legal representative, or if the minor tricks the “Company” into believing he is an adult or has the consent of his legal representative, it may not be canceled.

8. Whether the party to the content purchase contract is a minor is determined based on the device where the payment is made, the information of the payor, payment method holder, etc. In addition, the “Company” may request the submission of documents to prove that it is a minor or legal representative to verify that the cancellation is justifiable.


Article 24 Refunds of Overpaid or Erroneous Payments

1. The “Company” will refund the overpayments or erroneous payments to the “Member” in the event of overpayments or erroneous payments. Provided, however, that if the overpayment or erroneous payment is caused by the Member’s negligence without the intention or negligence of the “Company,” the “Member” shall bear the actual expenses incurred in the refund within reasonable limits.

2. Payment through the application shall be made in accordance with the payment method provided by the open market operator, and if overpayment or erroneous payment occurs during the payment process, a refund shall be requested to the “Company” or the open market operator. Provided, however, that if the open market operator’s policy or system supports the processing of refund procedures, the “Company” may refund instead or support the refund.

3. The refund shall be based on the type of operating system on the device using the “Service” and in accordance with the refund policy of each open market operator or “Company.”

4. Charges (call charges, data charges, etc.) incurred using application downloads or network services are not eligible for refunds.

5. The “Company” may contact the “Member” through the information provided by the “Member” and request them to provide the necessary information to handle the refund of overpayments or erroneous payments. The “Company” shall refund within three (3) business days from the date of receipt of the necessary information for the refund from the “Member.”


Article 25 Termination of Contracts

1. When the “Member” intends to terminate the service contract, he/she can apply to cancel the membership using the menu on the service page or through the customer center, and when the cancellation is completed, the Member’s usage information (scores, characters, items, game money, etc.) is all deleted and cannot be restored. Provided, however, that the “Company” may maintain membership information for a certain period of time after the application of membership cancellation by reason of the prevention of users’ illegal use of “Service” and the possibility of users’ error or mistake in operation, etc.

2. In the event that the “Company” is unable to maintain this contract, due to the Member’s act prohibited by this Terms of Service, its “Operation Policy,” or Service Policy, etc., the “Company” may suspend the “Service” use for the specified period of time or terminate the service contract, after notice of demand before a considerable period of time.

3. Refund and compensation for damage under paragraphs (1) and (2) shall be processed in accordance with the “Content User Protection Guidelines.”

4. The “Company” may terminate the contract and take necessary measures, such as destruction of personal information and separate storage, in order to protect the personal information of “members” (the “dormant accounts”) who have not used the Company’s services for one consecutive year from the latest date of “Service” use. In this case, the “Member” is notified of the fact that necessary measures are taken, the expiration date of the personal information retention period, and the items of personal information thirty (30) days before the date of the action.

5. If the “Member” terminates the service contract, all data, including the Member’s account information, shall be destroyed immediately after termination, except in the case that the “Company” retains the member information in accordance with the relevant laws and the privacy policy.


Article 26 Compensation for Damage

1. The “Company” or the “Member” shall be responsible for any damages caused to the other party in violation of this Terms of Service. Provided, however, that this shall not apply if there is no intention or mistake.

2. If the “Company” provides individual services to the “Member” by signing a partnership contract with the individual service provider, the individual service provider shall be responsible for the damages caused by the individual service provider’s intention or negligence to the “Member” after he/she consents to the individual service Terms of Service.


Article 27 Company’s Exemption

1. The “Company” shall not be held liable for the “Service” provision if it is unable to provide the “Service” due to the inability to use the communication network, its disability, natural disaster or national emergency, power outage, or equivalent force majeure situation.

2. The “Company” shall not be liable for any failure, suspension, restricted use, data deletion, or failure of “Service” use due to the Member’s intention or negligence. Provided, however, that this shall not apply if there is an unavoidable or justifiable reason for the “Member.”

3. The “Company” shall not be held liable for any problems arising from the repair, replacement, regular inspection, construction, etc. of service facilities or any other similar reasons, or the use environment of various wired and wireless devices, such as members’ devices and PCs. Provided, however, that this shall not apply if this occurs by the Company’s intention or mistake.

4. The “Company” shall not be held liable for the reliability, accuracy, etc. of information or data posted by the “Member” in relation to the “Service” unless it is related to the Company’s intention or gross negligence.

5. The “Company” shall not be held liable for any disadvantages or loss of information caused by the Member’s change of personal information, etc. (including the account) unless it is related to the Company’s intention or gross negligence.

6. The “Company” shall not be responsible for third-party payments arising from the Member’s failure to manage the device password, the password provided by the open market operator, etc. Provided, however, that this shall not apply if this occurs by the Company’s intention or mistake.

7. The “Company” shall have no obligation to involve in any transactions or disputes arising from the “Service” as a medium between the “Member” and other members or others, and shall not be liable for any consequent damages.

8. The “Company” shall not be held liable for damages incurred to the “Member” in connection with the use of the “Service” provided free of charge. Provided, however, that this shall not apply if this occurs by the Company’s intention or gross negligence.

9. The “Company” shall not be responsible for not getting or losing the Member’s expected profits by using the “Service.”

10. The “Company” shall not be responsible for the loss of the Member’s experience point, grade and item in the game, and game money. Provided, however, that this shall not apply if this occurs by the Company’s intention or mistake.

11. The “Company” shall not be held liable for the Member’s inability to use all or some functions of the contents due to changes in the device, number of the device, and the operating system (OS) version, overseas roaming, carrier change, etc. Provided, however, that this shall not apply if this occurs by the Company’s intention or mistake.

12. If the “Member” deletes the contents or account information provided by the “Company,” the “Company” shall not be held liable for such deletion. Provided, however, that this shall not apply if this occurs by the Company’s intention or mistake.

13. The “Company” shall not be liable for damages caused by guest members’ “Service” use. Provided, however, that this shall not apply if this occurs by the Company’s intention or mistake.


Article 28 Notice to the Member

1. When the “Company” notifies the “Member,” the Member’s e-mail address, digital memo, messages in game service, or text message (LMS/SMS), etc. can be used.

2. When the “Company” notifies all members, it may replace the notice under paragraph (1) by posting it in the game service or presenting pop-up screens for more than seven days.


Article 29 Rules and Terms of Use

The “Company” may have separate Terms of Service and operation policies for individual game services (hereinafter referred to as the “individual Terms of Service”), and if the details conflict with this Terms of Service, the individual Terms of Service shall be applied preferentially. Matters not prescribed in this Terms of Service or interpretations of this Terms of Service shall be governed by the individual service terms, and conditions and the relevant statutes of the Republic of Korea, such as the “Act on Consumer Protection in Electronic Commerce, etc.,” the “Act on the Regulation of Terms of Service,” the” Game Industry Promotion Act,” the “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.,” and the “Content Industry Promotion Act,” or commercial practice.


Article 30 Governing Laws and Jurisdiction

1. The litigation between the “Company” and the “Member” shall be governed by the laws of the Republic of Korea.

2. The jurisdiction of the trial concerning disputes arising between the “Company” and the “Member” shall be the competent court in accordance with the procedures set forth in the statutes.


Article 31 Member’s Grievance Management and Dispute Settlement

1. The “Company” shall guide on how to raise the Member’s opinions or complaints within the game service or on the link page in consideration of the convenience of the “Member.” The “Company” shall operate personnel exclusively responsible for handling such members’ opinions or complaints.

2. The “Company” shall promptly handle any opinions or complaints raised by the “Member” within a reasonable period of time if they are objectively recognized as justifiable. Provided, however, that if processing takes a long time, the “Member” shall be notified of the reason why it takes a long time and the processing schedule in the game service or pursuant to Article 28 (1).

3. If a dispute arises between the “Company” and the “Member” and a third party dispute mediation agency arbitrates, the “Company” may faithfully prove the measures taken to the “Member,” such as restrictions on use, and comply with the mediation of the mediation agency.


<Addenda>

Date of announcement: September 29, 2020

Date of enforcement: October 6, 2019


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