Terms of Use for NAVER Webtoon Game Services

 

Article 1 (Purpose)

The purpose of these Terms of Use is to specify the rights and duties, responsibilities, and other pertinent matters between the Company and its members regarding the use of all game services provided by NAVER Webtoon Corp. (includes the affiliates of NAVER Webtoon Corp. for the purpose of these Terms of Use) through mobile devices and the network, website, and other services (hereinafter referred to as the “Services”) that are ancillary to said game services.  

 

Article 2 (Definitions)

     Definitions of the terms used hereafter are as follows:

1.     A “Member” is a person who enters into a user agreement pursuant to these Terms of Use to use the Services provided by the Company.

2.     A “Temporary Member” is a member who uses the Services provided by the Company without linking his or her account information with an external account or by logging in as a guest.

3.     A “mobile device” is a device, such as a mobile phone, smart phone, personal digital assistant (PDA), or tablet computer, that can be used for downloading and installing content through networks.

4.     “Account Information” collectively refers to the information provided by a member to the Company such as their membership number, external account information, device information, nickname, profile photos, and friends list as well as game usage information (character information, items, levels, etc.) and service fee payment information.

5.     “Contents” are any paid or free content (game or network services, applications, game money, game items, etc.) digitally created by the Company in order to provide the Services to be used on mobile devices.

6.     “Payment” is any payment transmitted through a payment company recognized by the Company in order to purchase or use the Contents offered through the Service.

7.     “Open Market” means an e-commerce environment that has been established which allows application installment and payment to be done through mobile devices.

8.     “Affiliated Services” refers to any Services provided by the Company jointly through or with other platform service providers such as Facebook, etc., which can be used on mobile devices by using the subscription information, profile pictures, etc. of the affiliated mobile platforms.

9.     A “Payment Company” is a company that offers means of electronic payment for use in the Open Market such as credit cards, mobile payment, etc. 

10.  An “Application” refers to any program downloaded and installed on mobile devices in order to use the Services provided by the Company. 

11.  “Game Service” is a game or other ancillary service used by a Member on a mobile device as one of the Services provided by the Company.

     The definitions of the terms used in these Terms of Use shall be pursuant to the relevant laws, regulations, and policies set forth for each service except for those prescribed under Article 1 above, and the definitions not specified in these Terms of Use shall be subject to general commercial practices.

 

Article 3 (Provision of Company Information, etc.)

The Company shall display the following information throughout its game services or on its websites that offer such game services so that Members can easily find it. However, the Privacy Policy and the Terms of Use may be accessed and viewed through a link.

1.     The name of the Company and its representative

2.     The address of the business location (including the address where Members’ complaints are processed)

3.     The telephone number and email address

4.     Business registration number

5.     Mail-order business registration number

6.     Privacy Policy

7.     Terms of Use

 

Article 4 (Effects of and Modifications to the Terms of Use)

     The Company shall display the contents of these Terms of Use throughout its game services or through a link for Members to be able to easily find and understand them. For this, important contents such as discontinuance of services, withdrawal of subscription, refunds, cancellation and termination of agreements, and disclaimers by the Company shall be clearly marked in bold, colored letters, by using special symbols, or through a separate link to help Members easily identify these contents.  

     When and if the Company modifies these Terms of Use, it shall specify the effective date of the modified terms, any modifications made, and the grounds for such modifications and it shall notify its members of this information by publishing them through its game services or through a link at least seven (7) days prior to the effective date. However, if the modified terms are adverse to the members or concern important issues, such modifications shall be announced at least thirty (30) days prior to the effective date in the same manner described above, and members shall be notified to Article 28, paragraph 1. In such cases, the terms as they were before and will be after the modification shall be clearly compared to each other to ensure that members can easily understand the implications of such changes.

     In the event that the Company modifies its Terms of Use, the Company shall determine whether members consent to the modification after notification of the modified terms has been transmitted. In case of the announcement or notification under paragraph 2, the Company shall publish or notify that one’s failure to express his or her intent to consent or refuse consent to the modified terms shall be regarded consent, and if a member fails to express his or her intent by the effective date of such modified terms, this shall be considered consent. 

     The Company shall take appropriate measures in order to enable Members to raise any questions they have in related to these Terms of Use and to provide corresponding answers.

     The Company may modify these Terms of Use to the extent that such modification does not violate relevant laws and regulations such as the Guidelines for Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Condition, 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 User Agreement)

     A User Agreement is entered into by any person who wishes to become a member (hereafter referred to as a "Membership Applicant"), who agrees to the content of these Terms of Use, and applies for service use. This status shall be concluded once the Company’s approves the application.

     In principle, the Company shall have the right to approve or deny any application. However, the Company will refuse to approve applications for any of the circumstances provided as follows:

1.     The application for use has been submitted with false information or the conditions for application have not been met;  

2.     An application has been submitted from a country in which the Company does not provide Service or has not decided to provide Service and the application has been received through abnormal or circumvention means;

3.     An application has been submitted for the purpose of committing conduct that is prohibited under current statutes, such as the Game Industry Promotion Act;

4.     An application has been submitted for the purpose of hindering the well-being, order, or moral welfare of society, or stymieing the interests of the Company;

5.     An application has been submitted to use the Services with intention to pursue illegal gains;

6.     An application has been submitted through a mobile device, program, etc., that has been blocked for use by the Company;

7.     In cases where an applicant under fourteen (14) years of age has failed to obtain the consent of his or her legal guardian (parents, etc.);

8.     In cases where the approval is impermissible due to attributes of the applicant or an application has been filed in violation of another stipulations;

9.     In the event that approval is determined inappropriate for reasons that are deemed equivalent to conditions provided in another section.

 

     The Company may request a professional institution to verify the real name and identity of the applicant for any type of membership for any application submitted, pursuant to item 1 above.

     In the event where an application falls within any of following items, the Company may withhold its approval until such matters are resolved:

1.     In cases where the Company’s facilities have insufficient capacity, it is difficult to provide support for certain mobile devices, or there are other technical defects;   

2.     In cases of technical difficulty such as failure of the Service or the means of payment;

3.     In cases where approval is determined as inappropriate for a reason deemed equivalent to those provided in the items above.

     The Company shall allow members to use the Service immediately upon complete entering of the information required for the approval process or service use, insofar as there are no grounds to withhold or refuse approval. However, in cases where something included in article 2 is discovered after approval, the service use may be limited or the agreement may be terminated under the provisions of these Terms of Use.

     The Company may provide Temporary Membership functionality to its game services for the convenience of users. During the use of Temporary Membership, account information may be deleted or records may become inaccessible if any of the following items becomes applicable, and the account information used through the Temporary Membership function may not be linked or transferred after the occurrence of such an event(s). Temporary Members are not permitted to file a separate application for the termination of their agreement, and the Company does not guarantee permanent use to the Temporary Members. Additionally, regarding Temporary Members, the Company does not guarantee the restoration of deleted account information and shall not be held liable for any compensation or damages. However, these items shall not apply to actions which would constitute intentional or gross negligence of the Company.

1.     In cases where the mobile device has been changed;

2.     In cases where the mobile device has been modified or reset;

3.     In cases where all or some of the Application or Contents on mobile device have been deleted.

 

Article 6 (Other Rules and Regulations)

As for matters not specified in these Terms of Use, the interpretation of such cases shall be subject to relevant statutes such as the Guidelines for Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, 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 other general commercial practices.

 

Article 7 (Operation Policy)

     The details necessary to apply the Terms of Use and the matters germane to the specific scope of such terms may be determined by the operation policy of the game services (hereafter referred to as the "Operation Policy").

     The Company shall ensure that the Operation Policy is available through its game services or posted in a link to help Members identify and understand its terms. 

     In cases where the Operation Policy is to be modified, it shall be carried out pursuant to Article 4 paragraph 2 above. If the modified terms are included under any of the following items, the notification of modification shall be enforced pursuant to paragraph 2:

1.     In the event that the Terms of Use is set and authorized matters of a specific scope are revised;

2.     In the event that matters unrelated to Member’s rights and duties have been modified;

3.     In the event that the terms of the Operation Policy do not fundamentally differ from provisions under the Terms of Use, and its modification is carried out within a scope that does not exceed Members’ expectations.

 

Article 8 (Uses and Protections of Personal Information)

     The Company shall strive to protect the personal information of Members according to relevant statutes, shall comply with relevant statutes, and the Company’s Privacy Policy for the uses and protections of personal information. However, the Company’s privacy Policy shall not apply to affiliated services that are not provided by the Company.

     Depending on the characteristics of the Service, information such as nicknames, character photos, and status information that are unrelated to Members' personal information may be subject to disclosure.

     The Company shall not provide Members' personal information to others without prior consent, except in cases where such provision is requested by relevant government agencies under relevant law.

     The Company shall not be held liable for any damage caused by the leakage of a Member's personal information or account information that is the result of reasons attributable to the Member.

 

Article 9 (Duties of the Company)

     The Company shall exercise its rights and comply with its duties as set forth in the relevant statutes and these Terms of Use.

     The Company shall maintain a security system for the protection of personal information (including credit information) so as to ensure that Members can safely use the Service and the Company shall make the Privacy Policy publicly available, complying with the terms of this policy. The Company shall not disclose or provide any Member’s personal information to any third party except as described in the Terms of Use or Privacy Policy.

     The company shall do its best to repair and restore, without delay, any faults in its facilities or the destruction or corruption of data that arise during attempts to improve services in order to ensure the continuous and stable provision of Service, unless the events are caused by something unavoidable, such as a natural disaster, emergency, or other failures or defects that cannot be resolved through current technology.

 

Article 10 (Duties of the Members)

     A Member shall not engage in any of the activities set forth in the following items in relation to the use of the Services provided by the Company:

1.     Providing false information and using information of a third party when applying for use or modifying Membership information;

2.     An act that gives rise to the suspicion of acquiring, using, selling, granting, or transferring of game information (IDs, characters, items, game money, etc.) or an attempt to engage in such activities through services not provided by the Company or other abnormal methods;

3.     Posting or sending an email by impersonating an employee or operator of the Company, stealing the identity of a third party, pretending to be someone else, or by stating a false relationship;

4.     Purchasing Content by stealing another person’s credit card information, wire telephone/mobile phone number, bank information, or illegally using another Member’s ID or password;

5.     Collecting, storing, posting, or disclosing another Member’s personal information;

6.     Immoral use of Services including engaging in or prompting gambling activities, exchanging or posting obscene or vulgar information, posting links to obscene websites, or sending or distributing statements, sounds, texts, or photographic and/or video images that may cause humiliation, repugnance, or fear to others;

7.     Using the Service for purposes other than its original purpose such as generating profits, sales, advertising, publicity, political activities, or campaigning without permission;

8.     Unauthorized reproduction, distribution, promotion, or commercial use of information obtained using the Company's Service, or exploitation of known or unknown bugs;

9.     Obtaining benefits by fraud or causing damage to others in relation to the use of the Company's Services;

10.  Infringing on the intellectual property or portrait rights of the Company or any other person or defaming or damaging the reputation of another;

11.  Intentionally transferring, posting, or distributing information, (a computer program), computer software, hardware that is prohibited from being transmitted or posted by the law, viruses, or computer codes/files/programs that have been designed for the purpose of destroying or interfering with the normal operation of electronics or communications devices;

12.  Making changes to applications, adding or inserting other programs to applications, hacking or reverse designing of servers, leaking or modifying source codes or application data, establishing separate servers, or arbitrarily altering or stealing parts of the website to steal the identity of the Company without being granted the special rights to do so by the Company;

13.  Using or distributing or any attempt to use or distribute software, applications, etc. that fall within the descriptions in items 11 or 12;

14.  An act of requesting others to play the game (raising characters in lieu of the user) in exchange for compensation such as money, etc.;

15.  Any other act that violates relevant laws, customs, or social norms.

     Members shall be responsible for the management of their accounts and mobile devices and shall not make them available to others. The Company shall not be held liable for any damage that may arise by improper management of mobile devices or by allowing others to use said account or mobile device.

     The Members shall establish and manage security measures, such as using the payment password function to prevent fraudulent payments from occurring in the Open Market. The Company shall not be held liable for any damage caused by the negligence of Members.

     The Company shall be entitled to set details regarding each item below, and Members shall comply with such terms:

1.     A member’s account name, character name, guild name, and other nicknames used for the game;

2.     Chatting methods and contents;

3.     Methods of using services, such as the bulletin board; 

4.     Other necessary matters such as affiliate service policies.

 

Article 11 (Provision of Service)

     The Company shall ensure that the Service is available to Members whose User Agreement has been completed pursuant to the provisions under Article 5. However, some services may be made available on a specified date according to the needs of the Company.

     The Company may provide other additional services, including those set forth in these Terms of Use, for the purpose of providing appropriate services to its Members.

     The Company may classify the Members according to the Company's policies and subdivide the service hours, frequency of use, and the scope of the Service to provide differentiated services.

 

Article 12 (Use of Service)

     Game services shall be provided for a fixed period of time according to the Company's sales policy. The Company shall provide guidance regarding service provision time through the game application or the game service announcement in an appropriate manner. If no separate display or notice is provided, 24-hour game service shall be provided by default.

     Notwithstanding the provision under paragraph 1, the Company may suspend all or part of the Service in the following cases, and during this period of time the Company shall not be obliged to provide any Service. In such cases, the Company shall give notification, in advance, regarding the grounds and period for such suspension through game applications’ initialization screen or on the notice board for game services. However, in case of unavoidable circumstances that may prevent such notification from being announced in advance, the notification may be made available after suspension.

1.     In cases where suspension of service is considered necessary for the system’s operation, such as regular inspection of the system, extension and replacement of servers, instability of the network, or in response to abnormal service use by Members;

2.     In cases where it has become impossible to provide normal services due to power outage, a failure in the service facilities, extreme use of services, or during maintenance or inspection of the service facilities by basic communications service providers;

3.     In circumstances beyond the control of the Company, such as war, military conflict, natural disaster, or equivalent national emergencies.

     The Company shall provide Services using specially-designed applications or networks for mobile devices. Members may download and install the applications or use the Services with or without charge by using the network.

     For paid Content, Members shall be required to pay specified fees to use the Service. If an application is downloaded or a service is used over the network, a separate fee amount, as prescribed by the mobile service provider to which the member is subscribed, may be imposed.  

     In cases where a downloaded or installed application or service is used through network services, the Service shall be provided to suit the characteristics of each mobile device or mobile service provider. In cases where the mobile device or number is changed, or the Service is during overseas roaming, all or part of the game services may not be available, and the company shall not be held liable in such an event.

     Background work may be carried out for the downloaded and installed applications or services used over the network. In such cases, additional charges may be incurred for services optimized for the characteristics of each mobile device or mobile service provider, and the Company shall not be held liable for any related charges.

     Notwithstanding paragraph 1, Service may not be provided if the Youth Protection Act or any other related statute, including the Regulations for Self-compliance of Business Organizations, prohibits or limits the service provision for a certain time or method related to a specified age group or other user, and in such cases the Company shall not be held liable.

 

Article 13 (Affiliated Services)

     Affiliated services are provided for Members to use the Services together with other Members who use other mobile platforms (Facebook, etc.).

     Prior to the use of the affiliated services, a Member shall agree to the provision and use of personal information, including the personal profile of the mobile platform, which is required for the use of such affiliated services. If the Member refuses to agree to such terms, his or her use of the affiliated services may be subject to restriction.

     The Company may provide a wide range of services through its affiliated services. If a Member who subscribes to several services wishes to cancel the use of the Service, they must apply for the cancellation (membership cancellation) for each service they had subscribed to.

     As affiliated services are provided based on the member’s information with the corresponding affiliates, if that Member loses or cancels his or her membership to that service, normal services may not be provided.

     In cases where an installed application is deleted, the Member’s account information may also be deleted, and in such cases, the Company shall not be held liable for any damage.

 

Article 14 (Community Service)

     Community Service refers to a bulletin board provided by the Company for the purpose of enabling multiple users to freely exchange their opinions and socialize with each other.

     A Member may use the Community Service by linking his or her account with one of the affiliated services or via other means provided by the Company.

     When a Member subscribes to the Community Service, his or her information may be disclosed to the administrators of the Community Service for the purpose of maintaining effective operation of the service.

     In the event that the Community Service is provided jointly with an affiliated service, a Member may not be provided with the Community Service if he or she loses or cancels his or her membership with the affiliated service.

     The Company may include any matters necessary to protect the rights of Members and provide effective Community Service in the Operation Policy or by determining a separate policy. The Company shall publish such matters to the Members by posting them through the game services, on the Community Service, or by providing a link. The members who wish to use the Community Service are obliged to comply with the applicable policies of the company.

 

Article 15 (Alteration and Discontinuance of the Service)

     The Company may alter the Service out of operational or technical necessity in order to provide effective service, and shall provide notification for any such alteration through the game services prior to the effective date of the alteration. However, if it is deemed necessary for reasons such as fixing bugs, other errors, or emergency updates, etc., or if it does not constitute a major alteration, the notification may be made after the effective date.

     The Company may discontinue the entire Service if it becomes critically difficult to continue on managerial grounds, such as the abolition of operations due to transfer of operations, company division or merging, the expiration of the agreement to provide games, or a significant decrease in profits generated from Services. In such a case, the discontinuance date, reasons for the discontinuance, and the compensation conditions shall be announced for Members on the game service’s initial screen or through a link, and the Company shall notify each Member through the means described in Article 28 paragraph 1 herein. 

     As for paragraph 2, the Company shall offer refunds for unused contents purchased by the Member through Payment or content that has a remaining period of usability according to Article 25 paragraph 3.

 

Article 16 (Collection of Information)

     The Company may store and preserve the contents of chats between Members (including communications such as messages, whispers, etc.), and this information shall be retained by the Company only. The Company may access this information if it is authorized to do so, pursuant to the law, in order to settle disputes between the members, handle complaints, or to maintain order within the game.

     If the Company or a third party access information such as chat data in accordance with paragraph 1, the Company shall notify the concerned Members in advance informing them of the reason and the scope of such access. However, if this information is required in relation to an investigation, handling, verification of prohibited acts pursuant to Article 10 paragraph 1 or the relief of damages caused by such acts, the notification may be made afterwards.

     The Company may collect and utilize Members' mobile device information (settings, specifications, version of operating system, subscribed telecommunications service provider, etc.) except Members' personal information for effective and stable operation and quality improvement of the Service.

     The Company may request additional information from Members for the purpose of improving the Service and introducing other Services to the Members. In response to this request, the Member may accept or reject such request, and if the Company files a request, it shall also inform the Member that he or she may refuse such a request.

 

Article 17 (Provision of Advertisement)

     The Company may place an advertisement on Services related to its operation. In addition, advertising information by e-mail, text messages (LMS/SMS), and push notification may be sent to those who have agreed to receive advertising information. In such a case, the Member may refuse to receive such information at any time, and the Company must cease sending advertising information after the Member has done so.

     A banner or link within the Service provided by the Company may be connected to advertisements or services provided by a third party.

     In cases where an advertisement or service provided by a third party is connected to the Service offered by the Company pursuant to paragraph 2, the Company does not guarantee the reliability or stability of services advertised as they do not fall within the scope of the Services provided by the Company, and the Company shall not be held liable for any damage to the Members that may arise from the use of advertised services. However, this paragraph shall not apply to cases where the Company fails to take any action to facilitate or prevent damages due to the extent of intentional or gross negligence of the part of the Company.

 

Article 18 (Copyright Ownership)

     The copyright and other intellectual property rights related to all the Content of the Service created by the Company belong solely to the Company.

     Members are not permitted to use or allow others to use intellectual property, owned by the Company or the information provider, obtained through use of Services provided by the Company without obtaining prior consent of the Company or the information provider through means (includes editing, publishing, displaying, distributing, broadcasting, or creating the derivative works) of reproduction or transmittance for the purpose of generating profits.

     Members must allow the Company to use communications, images, sounds, or any other data or information (hereafter referred to as “User Content”) including the texts of conversations that a Member or other user uploads or sends through the Service in relation to their content (includes direct content such as characters, images, and music sounds as well as indirect content in related to the Service) in the Service in the following manner and conditions:

1.     Using User Content to alter it through editing or other kinds of alteration (may use it in any form such as public announcement, reproduction, display, transfer, distribution, broadcasting, or creating secondary works, with no restrictions on the duration or area of use applicable)

2.     The Company shall not sell, rent, or transfer User Content without the prior consent of the user who created the corresponding content.

     The Company shall not use User Content which is not expressed in the Service or not related to the Service (e.g. posts not substantially related to the content of the game service such as posts on general bulletin boards) without prior express consent of the concerned Member, and the Member may delete such User Content at any time, and the rights and duties regarding that content shall fall to the Member on their own.

     The Company may delete, move, or refuse to register any post in the Service, which a Member posts or registers, without prior notice, if it is determined to fall within the list of prohibited acts pursuant to Article 10 paragraph 1.

     A member whose legal interest is violated by information posted on a bulletin board managed by the Company may request that the Company delete the information or publish a statement of refutation. In such a case, the Company shall promptly employ the necessary action and notify the applicant.

     This article shall be valid throughout the operational period of the Company, and it shall remain effective even after Members unsubscribe from the Service.

 

Article 19 (Use of Contents)

     Contents purchased by a Member through Payment within the Service shall be preserved in connection with the Member's account information and such content may only be used on mobile devices that are logged in with the said account. However, regarding temporary members, the application shall be available only on devices in which such content has been downloaded or installed.

     The period of use for content provided through Payment shall follow the period specified separately at the point of purchase. However, in the event where the service becomes discontinued pursuant to Article 15 paragraph 2, the period of use for paid-for content without a prescribed time of termination shall be discontinued on final date of service announced in the notice of service termination.

     With regards to exchanges for other content within the Service, or if content is consumed during use (hereafter referred to as the “Game Commodities”), it may be provided through Payment or free-of-charge depending on the service.

     Game Commodities obtained through Payment shall be used first unless the order of use has been predetermined.

 

Article 20 (Restrictions to Service Use)

     A member shall not violate his or her duties under Article 10 and if they do engage in such activities the Company may take measures that restrict the Member's service use, including imposing restrictions on the Member's service use, the deletion of related information (written statements, pictures, video images, etc.) and other such measures laid out below. The specific grounds and procedures for Members' violation of their duties who are subject to restriction shall be set forth in the Operation Policy of individual games pursuant to Article 21 paragraph 1.

1.     Restrictions of certain rights: Certain rights can be restricted through means such as the restrictions on chatting for a limited period of time or restrictions on the ability to initialize the game.

2.     Restricted use of characters: The use of characters can be restricted for a limited period of time or for perpetuity.

3.     Restricted use of account: The use of the Member’s account can be restricted for a limited period of time or for perpetuity.

4.     Restriction of Member’s use: The Member’s use can be restricted for a limited period of time or for perpetuity. 

     In the event that the restriction on use under paragraph 1 is justified, the Company shall not indemnify the Member for any damage caused by such restriction.

     The company may suspend the service use of an account until the investigation of any of the following issues is completed:

1.     In the case of the submission of a reasonable report, which claims that an account has been hacked or stolen;

2.     In cases where a user is suspected of engaging in the use of illegal programs, running illegal workplace, etc.;

3.     In the event that temporary measures for the service use are required for reasons that are deemed equivalent to the grounds provided in the above paragraphs.

     Upon completion of the investigation specified under paragraph 3, the Member's time of use shall be extended the same amount that it had been suspended for and content provided through Payment or the Member shall be compensated through other content equivalent to the damage suffered. However, this paragraph shall not be applicable for cases that fall within any subparagraph of paragraph 3 above.

 

Article 21 (Reasons and Procedures for the Restrictions on Use and Subsequent Objections)

     The Company shall determine the specific reasons and procedures for restricting service use pursuant to Article 20 paragraph 1 in consideration of all circumstances such as the details, degree, frequency of occasion, and the outcome of the violation in matters related to the carrying out of its Operation Policy.

     In the event that the Company takes measures to restrict service use pursuant to Article 20 paragraph 1, matters in the following items shall be notified to the concerned Member in advance and a relevant notification may also be published through the Service. However, under unavoidable circumstances, the notification may be issued after the fact.

1.     Reasons for restricting use

2.     Type and period of the restriction of use

3.     Method of filing an objection to the restriction of use

     In case a member wishes to object to the Company's measures of restriction on use, they can submit an objection to the Company in written or electronic form within fifteen (15) days from the date of the notification.

     The Company shall reply to the reasons for the Member’s objection within fifteen (15) days from the date of receipt of the objection, pursuant to paragraph 3, in written or electronic form and take appropriate action. However, the Company shall notify the member of the reason(s) and the schedule for processing the objection if the reply cannot be provided within the fifteen (15) day period.

 

Article 22 (Payment)

     In principle, the charged amount and the payment for purchased contents shall be in accordance with the policies or methods set forth by the mobile service provider or Open Market operator. In addition, limits for each payment method may be imposed or altered according to the policies prescribed by the Company, Open Market operator, payment service provider, or the governmental policies.

     If the purchase price of content is paid in foreign currencies, the actual amount specified in the bill may differ from the price indicated in the store of the service due to exchange rates and commission fees.

 

Article 23 (Cancellation of Purchase)

     A member who enters into a contract with the company, regarding the purchase of content, may cancel their purchase within seven (7) days from the later of the date of purchase agreement or the date on which the use of the contents becomes available without needing to pay a separate fee or penalty.

     A member may be restricted from cancelling a purchase if that member falls under any of the following subparagraphs, in which case the company shall take action pursuant to the relevant statutes:

1.     Content received free of charge from the Company or any third party, such as gifts and events;

2.     Content that are available for use immediately after purchase or that are applied directly to game services;

3.     Additional benefits have already been used for content that offer such benefits, or part of the contents have already been used in bundled sales contents and cannot be recovered;

4.     In cases where opened products may be considered as being used or the content has been opened while its utility is determined at the time of its opening.

     The Company shall clearly mark content that cannot be returned, pursuant to the provisions of paragraph 2 above, so that Members can easily identify them and shall provide trial products for such content (temporary use of the content, provision of the content for free trial, etc.), or provide information regarding said content where the provision of the products becomes difficult in order to ensure that the exercising Members’ right to cancel their purchase is not in any way interfered with. In the event that the Company fails to provide such measures, the Member may cancel his or her purchase notwithstanding the reasons for restricting cancellations on purchases under the subparagraphs of paragraph 2.

     Notwithstanding paragraphs 1 and 2, if the paid content is different from what was suggested in advertisement or contained in the purchase agreement a member may cancel their purchase within three (3) months of the date of purchase, the date the product has become available for use, or within thirty (30) days of the date they became aware of, or should have been aware of, such fact.

     In the event where a Member cancels their purchase agreement, the Company may identify the purchase details through the platform provider or Open Market operator. In addition, the Company may contact the Member through the information they have provided to identify the legitimate reason(s) for cancellation and may require additional evidence.

     In the case where the purchase is cancelled pursuant to the provisions under paragraphs 1 through 4, the Company shall promptly recover the paid-for content of the member and refund payment within three (3) business days. In such a case, the Company shall pay the delayed interest calculated by multiplying the rate stipulated in Article 21 Paragraph 3 of the Act on the Consumer Protection in Electronic Commerce, etc. to the refunded amount for the delayed period.

     If a minor enters into a purchase agreement on a mobile device, the Company shall notify that the minor or their legal representative may cancel such agreement in the absence of the consent of their legal representative, and if a minor enters into a purchase agreement without the consent of their legal representative, the minor or their legal representative may request the Company to cancel such agreement. However, if a minor purchases content with property that their legal representative has allowed for the minor’s disposal by establishing the scope of its use, if the minor induces the Company to believe that they are an adult, or has the consent of their legal representative by fraudulence or trickery, the cancellation of the purchased content cannot be carried out.

     The decision as to whether the party of the content purchase agreement is a minor shall be made on the basis of various factors such as the mobile device used for purchase, the information of the person who has approved the payment, and the name registered for the payment method used. The Company may also request the submission of documents that would serve as evidence to prove one’s status as a minor and their status as the purchaser’s legal representative to determine whether the cancellation is legitimate.

 

Article 24 (Refund of Mistaken Payment)

     In the event of a mistaken payment, the Company shall refund the amount mistaken payment to the Member. However, the actual expenses for the refund shall be borne by the member to a reasonable extent if such mistaken payment is attributable to the member's negligence without any intentional act or negligence on the part of the Company.

     Payment shall be made pursuant to the payment method set forth by the Open Market operator and in the event of a mistake in the payment process, a request for refund shall be submitted to the Company or the Open Market operator. However, depending on the policies and procedures of the Open Market operator, the Company may request that the Open Market operator carry out the required refund procedure.

     Communications charges (calls, data, call charges, etc.) that arise from the download of applications or the use of network services are not be subject to refund.

     Refunds shall be made pursuant to the policies of the Open Market operator or the Company depending on the type of operating system on the mobile device used for the Service.

     Content that a member acquires free of charge during service use without making any payment or that are provided free of charge through internal or external affiliated events shall not eligible for refund.

     The Company may contact the Member through the information provided by said Member so as to process refunds of mistaken payments and may request the Member furnish additional necessary information. The Company shall provide the refund within three (3) business days from the date of receipt of the information necessary for refund.

 

Article 25 (Termination)

     In the event where a Member wishes to terminate their User Agreement, they may file an application to unsubscribe from the membership by following the procedures for cancelling their subscription or by contacting customer service (provided that the deletion of the application or the cancellation of links to affiliated services shall not be considered an application for subscription cancellation), and once the cancellation is complete, the Member’s game information (scores, characters, items, game money, etc.) shall all be deleted and shall not be recoverable. 

     The Company may suspend service use for a set period of time or cancel the User Agreement in cases in which reasons arise preventing a Member from abiding by the agreement, such as engaging in acts prohibited under the Terms of Use or the corresponding Operation Policy after notifying the concerned party a considerable period in advance.

     Refunds and damages pursuant to paragraphs 1 and 2 shall be dealt with pursuant to the "Content User Protection Guidelines".

     The Company may terminate the User Agreement and take measures such as deleting Members' personal information so as to protect the personal information of any Member who has not used the Service of the Company for a continued period of one (1) year (hereafter referred to as a "Dormant Account"). In such a case, the member shall be notified the measures, such as termination of the agreement, thirty (30) days prior to the date in which the measure will be enforced and of personal information deletion.

 

Article 26 (Damages)

     The Company or Member shall be liable for any damage they have caused to the other party in violation of these Terms of Use. However, this paragraph shall not be applicable in the absence of mal-intent or negligence.

     In providing individual services to Members through a partnership agreement with individual service providers, the individual service providers shall be held liable for any damage attributable to the individual service provider, which arise after the Member has agreed to the user agreement for the individual services.

 

Article 27 (Indemnity of the Company)

     The company shall not be held liable for the provision of services in the event that it is unable to provide services due to natural disasters or force majeure that is deemed equivalent to such disasters.

     The Company shall not be held liable for any damage caused by repair, replacement, regular inspection, construction of service facilities, or for other reasons that may be deemed equivalent to such events. However, this paragraph shall not be applicable in the event of intentional acts or negligence of the Company.

     The Company shall not be held liable for any interruption in the service use by a Member attributable to their own intentional act or negligence. However, this paragraph shall not be applicable in the event where unforeseeable or reasonable deniability exist for the Member.

     The Company shall not be held liable for the reliability and accuracy of information or data posted by Members in the Service, in absence of the Company’s mal-intent or gross negligence.

     The Company has no duty to intervene in the transactions or disputes that arise within the Service between a Member and a third party, and shall not be held liable for any damage caused by such transactions or disputes.

     The Company shall not be held liable for any damage to Members related to Service use provided free of charge. However, this paragraph shall not be applicable in the event of an intentional act or gross negligence on the part of the Company.

     The Company shall not be held liable for any failure or loss of benefit expected by a Member through the use of Service.

     The Company shall not be held liable for any loss of the member's game information (experience, class, item, game money, etc.). However, this paragraph shall not be applicable in the event of an intentional act or gross negligence on the part of the Company.

     The Company shall not be held responsible for third-party payments that arise is a Member fails to manage their password setting function on a mobile device or the password setting function provided by the Open Market. However, this paragraph shall not be applicable in the event of an intentional act or gross negligence on the part of the Company.

     In the event that a member is unable to use all or part of the functionality of the Content due to the change of his or her mobile device, alteration in his or her mobile phone number, an upgrade or change of operating system (OS), overseas roaming, or change in the communications service provider, the Company shall not be held responsible. However, this paragraph shall not be applicable in the event of an intentional act or negligence on the part of the Company.

     In the event that a Member has deleted Content or account information provided by the Company, the Company shall not be held responsible for any damage caused. However, this paragraph shall not be applicable in the event of intentional act or negligence on the part of the Company.

     The Company shall not be held liable for any damage caused by the service use of Temporary Members. However, this paragraph shall not be applicable in the event of intentional act or negligence on the part of the Company.

     The Company shall be exempted from liability for any damage to Members in the event that the basic communications service providers cease or fail to provide normal telecommunications services in the absence of any intentional act or gross negligence on the part of the Company.   

 

Article 28 (Notifications for Members)

     In the event that the Company is required to notify a Member, notification may be issued via e-mail, electronic message, in-service message, pop-up screen, or text message (LMS/SMS).

     The Company may satisfy the notice requirements under paragraph 1 above by posting a notification through the game services for more than seven (7) days or by offering a pop-up screen when notifying the entirety of the Member base.

 

Article 29 (Jurisdiction and Governing Law)

These Terms of Use shall be governed and construed pursuant to the laws of the Republic of Korea. A lawsuit that may arise from any dispute between the Company and its Members shall be resolved by any competent court of jurisdiction in accordance with the procedures set forth in the law.

 

Article 30 (Grievance Procedures and Dispute Resolution for Members)

     The Company shall provide information regarding the method of submitting Member opinions or complaints through the game services or through a link. The Company operates a dedicated staff to handle Member opinions or complaints.

     In case the Company objectively acknowledges certain opinions or complaints raised by Members as legitimate, the Company shall promptly deal with such matters within a reasonable period of time. However, in the event where the procedure of handling such a matter requires a long period of time, the Member(s) shall be notified of the reason and the handling schedule through the game services or as is pursuant to Article 28 paragraph 1.

     In the event of any dispute that arises between the Company and Members which requires settlement by a third-party dispute resolution agency, the Company may prove measures taken against the Member such as the restrictions of use and comply with the settlement of the arbitration agency.

 

<Addendum>

These Terms of Use shall be effective from March 15, 2019