Article 1 (Purpose)
The purpose of these Terms and Conditions is to stipulate the rights, obligations, liabilities, and other necessary matters of HYBE IM (the “Company”) and its Members in connection with the use of the mobile games and other services provided by the Company.
Article 2 (Definitions)
(1) The definitions used in these Terms and Conditions are as follows:
1. “Member” means a person who enters into a use agreement pursuant to these Terms and Conditions and uses the services provided by the Company;
2. “Temporary Member” means a Member who does not link or authenticate Account Information with an external account or uses part of the service through the guest login mode;
3. “Game Services” shall mean paid or free games and all services provided by the Company to Members;
4. “ Devices” means devices such as mobile phones, smartphones, personal digital assistants (PDAs), tablets, PCs, and TVs that can download or install and use Contents.
5. “Payments” means payments through a payment company that is recognized by the Company to purchase or use the Contents, etc., of the services;
6. “Contents” means any and all of the contents, paid or free of charge, that are digitally created related to the services provided by the Company, including all games, network services, Applications, game money and game items;
7. “Open Market” means an electronic commerce environment built to install Applications and make Payments on Devices;
8. “Account Information” means information provided by Members to the Company, such as membership numbers and external account information, Device information, nickname, profile pictures, and friend lists, game usage information (character information, items, levels, etc.), usage fee payment information, etc.;
9. “Partnership Services” means services that the Company provides through partnerships with other mobile service providers, and refers to each or all of the individual services that provide access to the service on Devices by using subscription information, etc. of the partnership mobile services; and
10. “Applications” means any and all programs that are downloaded or installed through a Device to use the services provided by the Company.
(2) The definitions of terms used in these Terms and Conditions, except as set forth in Paragraph 1 of this Article, shall be in accordance with the relevant laws and other general commercial practices.
Article 3 (Provision of Company Information, etc.)
The Company shall indicate the following on the website operated by the Company (the “Website”) or within the services so that Members can easily understand them:
1. Company name and representative name;
2. Address of business office (including address where Members’ complaints can be processed);
3. Telephone number, email address;
4. Business registration number and mail-order business report number; and
Article 4 (Effect and Amendment of Terms and Conditions)
(1) The Company shall post the contents of these Terms and Conditions within the Game Services or connected screens and the Website so that the Members can understand them. In such case, the important content of these Terms and Conditions, such as suspension of services, retraction of subscription, refund, agreement cancellation or termination, indemnification of the Company, etc., shall be emphasized and indicated clearly, shown through a separate screen, etc. so that Members can easily see them.
(2) The Company may amend these Terms and Conditions if it deems necessary. In cases where the Company amends these Terms and Conditions, the Company shall determine the details and date of application of the amended Terms and Conditions and shall announce them by posting them on the Game Services or connected screens 7 days prior to the date of application; provided, however, that if these Terms and Conditions are amended to the disadvantage of Members, the announcement shall be made by the same method as provided above 30 days prior to the date of application and shall be notified to the Members. In such case, it shall clearly compare the details before and after the amendment and indicate them so that Members can easily understand them.
(3) Members have the right not to agree to the amended Terms and Conditions. If a Member has an objection to the amendment of these Terms and Conditions, such Member may terminate the service use agreement executed through the previous Terms and Conditions (membership cancellation) and suspend the use of the services; provided, however, that if the Member uses the services without an explicit expression of intent of refusal even after the Company has publicly announced or notified the Member that they shall be deemed to have agreed to the amended Terms and Conditions if they do not express their intent of refusal, they shall be considered to have agreed to the amended Terms and Conditions.
(4) The Company shall take measures so that Members may inquire and respond about the contents of these Terms and Conditions to the Company.
Article 5 (Execution of Use Agreement and Commencement of Use)
(1) A user intending to become a Member shall apply for use in accordance with the forms and procedures presented by the Company after agreeing with the contents of these Terms and Conditions, and by the Company approving the details of such application, the use agreement between the Company and such user shall be executed; provided, however, that if the applicant is of such age that the consent of a legal guardian is required under the Personal Information Protection Act, or is a minor, valid use may continue only after the consent procedure of the legal guardian pursuant to the relevant laws. The user must record their actual information when applying for use. A Member that does not comply with the above may not assert any rights and may be subject to penalties under applicable law.
(2) In principle, the Company shall accept the Member’s application; provided, however, that the Company may refuse to accept any of the following applications for use.
1. The Member information is falsely stated or the service provision conditions are not met;
2. If the services are intended to be used through irregular or roundabout methods in a country where the Company does not provide services;
3. The services are used for the purpose of engaging in activities prohibited by the relevant laws and regulations;
4. If the services are intended to be used for the purpose of harming social peace and order or public morals, or harming the Company’s interests;
5. If the services are intended to be used for the purpose of illegal use or profit-making; or
6. If the provision of services is deemed inappropriate due to reasons such as the above.
(3) In any of the following cases, the Company may defer approval until the grounds are resolved.
1. If there is no room in the facilities of the Company, support for a specific Device is difficult, or there are technical problems;
2. If there is an impediment in the services or in service usage fees or payment methods; or
3. If it is deemed difficult to accept the application for use due to reasons such as the above.
(4) Upon completion of the consent procedure for the Terms and Conditions or the input of information necessary for the use of the services, the Company shall allow the services to be used immediately if there are no circumstances to withhold or refuse consent; provided, however, that if the matters in Paragraph 2 are identified later, use may be restricted or the agreement terminated in accordance with the provisions of these Terms and Conditions.
(5) Members shall be responsible for making internet connection/mobile payments that are incurred for the use of the Game Services provided by the Company. In cases where it is necessary to confirm the internet connection/mobile payment that may be incurred due to the Game Services provided by the Company, Members shall inquire from the mobile communication service provider or the internet service provider used by the Members before using the services provided by the Company.
(6) The Company may provide some services for a fee.
(7) In cases where the Company fails to commence services due to work or technical obstacles, inspections, etc., the Company shall publicly announce such fact on its Website or notify the Members thereof.
(8) The Company may provide temporary membership functions for the Game Services for the convenience of Members. During the use of the Temporary Member function, issues may arise in which the Account Information may be deleted or the records may not be confirmed if any of the following applies, and it may not be possible to link or transfer the Account Information on the Game Services that were used through the Temporary Member function thereafter. In such cases, the Company does not guarantee restoration of Account Information, and is not liable for compensation or damages; provided, however, that the foregoing shall not apply in cases of willful misconduct or gross negligence of the Company.
1. If the Device is changed;
2. If the Device is reformatted or reset; or
3. If all or part of the Contents such as Applications are deleted on the Device.
Article 6 (Operating Policies)
(1) In order to protect the rights and interests of its Members and to maintain the order in the game world, the Company may determine the matters delegated thereto by setting a specific scope to the Terms and Conditions as separate policies (the “Operating Policies”). By agreeing to these Terms and Conditions, Members are subject to the individual Operating Policies for each Game Service and other additional services.
(2) The Company shall notify the Members of the contents of the Operating Policies by posting them on the Website or on a screen within the Game Services or providing a linked page so that the members may know the details of the Operating Policies.
(3) If there is an amendment of the Operating Policies which results in a material change to the rights or obligations of Members or has the same effect as amending the content of the Terms and Conditions, the procedures in Article 4, Paragraph 2 shall be followed; provided, however, that in cases where the amendment of the Operating Policies falls under any one of the following subparagraphs or has the same effect as amending the content of the Terms and Conditions, the Company shall apply the amended Operating Policies after giving prior notice through the method in Paragraph 2 of this Article.
1. If matters delegated by setting a specific scope to the Terms and Conditions are amended;
2. If matters not related to the rights and obligations of Members are amended; or
3. If the contents of the Operating Policies are amended within the scope of being not fundamentally different from the contents set forth in the Terms and Conditions and able to be expected by the Members.
Article 7 (Provision of Services)
(1) The Company shall allow Members whose use agreements have been executed pursuant to Article 5 to use the services immediately; provided, however, that for some services, the services may commence from the designated date as required by the Company.
(2) In providing services to the Members, the Company shall also provide additional services, including the services set forth in these Terms and Conditions.
(3) In addition to these Terms and Conditions, separate agreements for each service may be requested. Games requiring separate terms and conditions may be used by Members by their application for use upon the member’s agreement with the terms and conditions of the relevant game and the approval of the Company.
(4) In order to ensure the smooth and stable operation of the services and improve the service quality, the Company may collect and utilize the information of the Devices (settings, specifications, operating system, version, etc.) of the Members, excluding the personal information of the Members.
(5) The Company shall provide the services for a fixed period of time in accordance with the business policies of the Company; provided, however, that if necessary for operation, such as for regular system inspection, expansion or replacement of servers, addition of new game content, bug patches, replacement with new services, etc., the services may be temporarily suspended for a certain time or period, and in such case, the Company shall give notice of such contents and time thereof in advance through the appropriate means on the Website or within the individual services; provided, however, that if there is an unavoidable reason that prevents the Company from giving notice in advance, the Company may give notice after the fact.
(6) With respect to the provision of the services to the users, the Company may restrict the use of some services in accordance with the relevant laws, the ages of the users, the procedures for the use of the services, etc. In such cases, the Company shall give advance notice of such details.
Article 8 (Use of Services)
(1) Members may use the services provided by the Company free of charge or for a fee using the network through the mobile carrier’s wireless internet, Open Market stores, application stores, online sites (portal, mobile game sites, the Website, etc.), and other channels through the network.
(2) In cases where a Member purchases mobile games or Applications through mobile internet and Open Market stores or application stores or uses network services by a mobile carrier, the required data communication fee determined by the mobile carrier may be imposed.
(3) In the case of downloaded and installed Applications or services used through the network, background tasks may be carried out. In such cases, additional charges to fit the characteristics of the Device or mobile carrier may occur, and the Company shall not be liable in this regard.
(4) Downloaded and installed Applications and services used through network services are provided in accordance with the characteristics of the Device or mobile carrier, and it may not be possible to use all or a part of the functions of the Game Services in the event of a change of Device, change of number, or overseas roaming, and the Company shall not be liable in such cases.
(5) The Company shall provide the information on the minimum technical specifications necessary for the use of the services on its Website, etc. For the use of each service, the Member shall confirm whether the specifications of the Device to be used for the service, the quality of the wired or wireless communication network, etc. are appropriate for the use of the relevant service. The information on the technical specifications necessary for the use of the services may change due to changes in circumstances such as service updates and technological advancements, and the Company shall not be responsible for any changes to the information on technical specifications.
Article 9 (Changes to and Suspension of Services)
(1) The Company may change the services according to operational or technical needs. In any of the following cases, the services may be temporarily suspended for a certain time or period, and such details shall be notified within the service before any changes are made; provided, however, that if the Company inevitably needs to change or suspend the services due to bugs or errors, server equipment defects, etc., or if the changes do not constitute significant changes in the servers, the notification can be given after the fact.
(2) Notwithstanding Paragraph 1, in cases falling under any one of the following subparagraphs, it is possible for the Game Services not to be provided for a certain period of time, and the Company has no obligation to provide the Game Services during such time:
1. If it is necessary for a repair inspection, replacement, or regular inspection of the information and communications facilities such as computers or revisions to the game contents or Game Services;
2. If it is necessary to respond to electronic intrusions such as hacking, communications accidents, abnormal use of games by Members, and unexpected instability of the Game Services;
3. If the provision of Game Services is prohibited or restricted for a certain time or through a certain method in the relevant statutes, government policies, the business association’s self-compliance regulations, etc.;
4. If normal Game Services cannot be provided due to natural disasters, emergencies, power failure, service facility malfunction, extremely high rate of service usage, etc.; or
5. If it is due to a material business necessity, such as the Company’s split-off, merger, business transfer, business closure, worsening profits of the relevant Game Services, etc.
(3) The Company may suspend all services in cases where the services are difficult to continue due to serious business reasons such as discontinuance of business due to business transfer, split-off, merger, etc., expiration of the game provision agreement, significant worsening of service profits, etc. In such cases, the date of suspension, reasons for suspension, compensation conditions, etc. shall be notified on the initial screen of the Game Services or their connected screens or on the Website, etc. at least 30 days prior to the date of suspension. Upon the termination of Contents and services acquired freely by Members, there shall be no liability for refunds, damages compensation, etc. regarding flat-rate or limited-time paid items whose period of use has expired and paid Contents whose use has expired or whose period of use has expired in accordance with Article 9, Paragraph 2.
(4) The Company shall not be liable for any problems arising from the change or suspension of the services unless there is an intentional act or gross negligence on the part of the Company.
Article 10 (Use of Contents)
(1) The Company may provide Members with Contents, including items. For Contents provided in the services, the time limit and conditions for use by Members may be determined in accordance with the Company’s policies, and this shall be notified to the Members by being posted on each guide to Contents service use or payment screens, etc.
(2) The Company may provide Contents by distinguishing them as free or paid, and the policies related to the period of use of paid Contents shall be as follows:
1. Items can be used within 1 year from the date of purchase, and items whose use has not commenced within 1 year can be extinguished. The use of package items shall be deemed to commence upon the opening of the package.
2. For items whose use has commenced and there is a separately specified period of use, they may be used during the specified period.
3. For items whose use has commenced and the period of use for the Contents is indicated as “permanent” or the period of use for the Contents is not indicated (“Indefinite Contents”), they may be used while the Game Services continue starting from the time their use commences, and if services are suspended pursuant to Article 8, Paragraph 3, the period of use shall be until the date of service suspension announced when the service suspension announcement is made. The right of use may be lost if the warranty period expires or the services are terminated. When a Member purchases items, etc. using the network services within the games or Applications, additional fees may occur.
4. The Company may change the functions, etc. of existing items or make them unusable according to changes in game contents, balancing, item policies, etc. In such case, if it becomes no longer possible to use a paid item whose period of use has not elapsed, compensation shall be provided through paid items or points, etc. equivalent to the remaining period of use of the paid items that have been purchased.
(3) Contents paid through Payments within the services may be used on Devices on which accounts containing the Members’ Account Information have been logged in; provided, however, that Temporary Members may only use such Contents on Devices with the Application downloaded or installed.
(4) Contents purchased by Members shall be distinguished as free or paid based on the method of acquisition, and if part of the owned Contents are used, the paid Content shall be deducted first, and then the free Content shall be deducted. When only paid Contents are owned, the order of deduction shall be first in, first out (deduction in the order of when the Contents were first obtained); provided, however, that this may be applied differently depending on the circumstances, and in such cases, this shall be announced within the Game Services, or the community, Website, etc.
(5) Members may establish/enroll in a community that enables chatting and cooperation with other Members within the game. Depending on the nature of the Game Service, such group may be referred to as a clan, club, guild, community, and other such various terms.
1. Community members (Members) may request a change of manager through the customer center in cases where the Member who has established their affiliated community and thus has managerial control has not accessed the game for at least 30 days and thus the operation thereof is determined not to be proceeding smoothly. In addition, if the manager determines it difficult to perform the managerial role, such as by being restricted from accessing the game, the manager may request a change.
2. If the Company determines that it is difficult to operate the community based on the request in Paragraph 1, the Company may take measures based on such request and may refuse the request due to unavoidable circumstances such as technical issues and the characteristics of the services.
3. The community name may be changed at will if it is determined to be unsound or inappropriate, as stated in the provisions on name violations in Article 14, Paragraph 8.
Article 11 (Protection and Use of Personal Information)
(2) Depending on the nature of the service, information unrelated to the personal information of the Member to identify such Member such as nickname, character photograph, status information, etc., may be disclosed.
(3) The Company shall not provide the personal information of a Member to other Members without the consent of such Member, except in cases where requested by related government agencies, etc., in accordance with the relevant laws and regulations.
(5) The Company shall not be liable for any damages arising from a Member’s personal information or Account Information being leaked for reasons attributable to the Member.
Article 12 (The Company’s Obligations)
(1) The Company shall comply with the relevant laws and these Terms and Conditions, and shall exercise the rights and perform the obligations set forth in these Terms and Conditions in good faith.
(3) In order to provide continuous and stable services, the Company, in cases where facilities are disabled or data are destroyed or damaged in the process of improving the services, shall make best efforts to repair or restore the facilities and/or data without delay unless there are unavoidable reasons such as natural disasters, emergencies, defects and malfunctions unable to be resolved by current technologies, etc.
(4) The Company shall immediately handle any opinions or complaints raised by Members if they are deemed reasonable; provided, however, that if immediate handling is difficult, Members may be notified of the reasons and handling schedule by telephone or email collected with prior consent.
Article 13 (Members’ Obligations)
(1) In using the services provided by the Company, Members shall not engage in any of the following acts or in any acts with the purpose or intent corresponding to any of the following acts:
1. Using non-real name information or the information of another person when providing personal information to the Company to win events, etc., or entering false information;
2. Stealing another Member’s credit card, wired/wireless telephone, bank account, etc., to purchase Contents or stealing or improperly using another Member’s personal information, including another Member’s ID or password or another Member’s mobile phone number;
3. Trading or selling game items, game money, etc. accumulated to a game ID with other Members through services not provided by the Company;
4. Reproducing, distributing, promoting, or commercially using the services of the Company or information obtained by using the services without the prior consent of the Company;
5. Generating financial benefits for oneself or another Member using the Company’s services;
6. Damaging the reputation of or causing damages to other Members;
7. Paying service fees by stealing one’s means of payment without the consent or approval of the nominal person;
8. Infringing the Company’s intellectual property rights, third-party intellectual property rights, portrait rights, or other rights;
9. Collecting, storing, disseminating or displaying the personal information of other Members without the approval of the Company;
10. Registering or disseminating computer virus infection material that exploits bugs in the program or which causes the malfunction of facilities related to the services or causes the destruction or disruption of information, etc.;
11. Transmitting information that intentionally interferes with the Company’s operation of services or can interfere with the stable operation of the services, or advertising information that goes against the receiver’s explicit refusal to receive such information;
12. Disguising as another Member or falsely stating the relationship with another Member;
13. Exchanging or posting obscene or vulgar information, linking to obscene sites, or posting unauthorized advertisements or promotional materials linking to pornography, exchange or posting of rapid information, connecting or unauthorized advertising or publicity material;
14. Inducing or participating in speculative acts, such as gambling with property;
15. Transmitting, delivering, or distributing words, sounds, texts, images, or footage that could cause discomfort, disgust, or fear in the other party;
16. Acquiring profits by damaging or deceiving other Members in connection with the use of the Company’s services
17. Changing the information posted on the services;
18. Transmitting, posting, disseminating, or using information (computer programs) whose transmission or posting is prohibited under the relevant laws or data containing software viruses or other computer codes, files or programs designed to disrupt or destroy the normal operation of computer software, hardware, or telecommunications equipment;
19. Changing the Application or adding or inserting other programs in the Application without being granted specific authority from the Company to do so, hacking or reverse engineering the servers, releasing or changing the source code or application data, establishing a separate server, or altering or plagiarizing a part of the website at one’s own discretion to impersonate the Company;
20. Posting text or sending emails by pretending to be or impersonating an employee or operator of the Company or by using the name of another Member; or
21. Any other violation of public order and morals, illegal or unjust acts, or violation of the relevant laws and regulations.
(2) Members shall confirm and comply with the relevant laws and regulations, the provisions of these Terms and Conditions, the precautions notified with respect to the user guide and Game Services, the matters notified by the Company, etc., and shall not engage in any other acts that interfere with the business of the Company.
(3) Members shall not engage in business activities such as sale of products using the services; provide or be provided with items, IDs, etc. acquired through the services through transactions; conduct acts such as hacking, profiting through advertisements, illegally distributing commercial software, etc.; nor prepare for or advertise such acts. With respect to the results and losses of the business activities that have occurred due to the violation of the above, the Member shall bear the responsibility for legal measures, etc. such as imprisonment by the relevant authorities, etc., and the Company shall not bear the responsibility therefor. If the Company is damaged due to such Member’s act, the Member shall bear damages liability to the Company.
(4) Members shall be responsible for the management of their own Member’s account and Device, and Members shall also be liable for any damages arising from insufficient management thereof or the allowing of use by a third party.
(5) Members shall establish and manage a payment password to prevent illegal payments from being made on each Open Market. The Company shall not be liable for any damages caused by the Member’s negligence.
(6) The Company may establish specific rules, standards, etc., with respect to each of the following acts, and Members shall comply therewith:
1. Member account name, character name, and other names used in the games;
2. Chat contents and methods;
3. Methods of using forums and services; and
4. Other necessary matters such as Partnership Service policy.
Article 14 (Provisions Concerning Restrictions on Use)
(1) Members shall not engage in acts that violate the Members’ obligations set forth in Article 12 of these Terms and Conditions, and the Company may take measures such as restricting the use of services or deleting relevant information (game information, texts, photographs, footage, etc.) in accordance with the following classifications based on the degree of violation. Specific actions subject to restrictions on use of the services are as set forth in Paragraph 8 of this Article.
1. Restriction of certain permissions: Restriction of certain permissions such as chatting for a certain period of time;
2. Restriction of character use: Restriction of the use of the Member’s character for a certain period or permanently;
3. Restriction of account use: Restriction of the use of the Member’s account for a certain period or permanently; or
4. Restriction of use by Member: Restriction of the use of Game Services by the Member for a certain period or permanently.
(2) If the degree of violation of the act subject to restriction of use is deemed insignificant, a simple warning may be given; provided, however, that if two or more warnings are issued (including cases in which they are not of the same type), a weighted measure may also be taken in consideration of actions that had been previously warned against.
(3) If the degree of violation of the act subject to restriction of use is serious, the Company may take the maximum measures without a separate warning, and even if there is not a direct violation, if it is confirmed that the act is related to such violation, the use of the games may be restricted through the same item as a violating account.
(4) In cases where the restriction of use in Paragraph 1 is justified, the Company shall not compensate the losses suffered by the Member due to the restriction of use.
(5) The Company may suspend the use of the services by the relevant account until the investigation of any of the following issues is completed:
1. If a reasonable report is received that the account has been hacked or stolen;
2. If there are suspicions of an illegal actor, such as an illegal program user, work site, etc.; or
3. If provisional measures for the use of the services are necessary for reasons similar to the above subparagraphs.
(6) After the completion of the inspection in Paragraph 5, for Contents provided through Payments, the Member’s use period shall be extended by the amount of suspended time or compensated for through the corresponding Contents, etc.; provided, however, that if the Member falls under any of the grounds in Paragraph 5, the foregoing shall not apply.
(7) In cases where the Company takes measures restricting use, it shall notify the Members of the following in advance; provided, however, that if there is a need to take urgent action, notice may be given after the fact:
1. Grounds for restriction of use;
2. Type and duration of restriction of use; and
3. Methods for objecting to restriction of use.
(8) Acts subject to restriction of service use:
1. Even if an act is not specified as one of the acts subject to restriction of use above, the use of the services may be restricted if details of use or play that affects the game environment are confirmed, and temporary access restrictions may be carried out for investigation if matters that require urgent blocking of risk or damage are discovered or reports are received.
2. If violations of the above Operating Policies are detected, the use of some Contents of the games, such as transaction systems and stores, may be restricted during the investigation or justification process.
3. Repeated restrictions of the use of the game for the same reason may result in a permanent restriction of use.
4. The reporting system may automatically restrict the use of warnings and chats when the number of reports accumulates.
5. Depending on the details of the report, the warning chat restriction (1 day) may be applied before the restriction of game use.
6. When game use is restricted due to violations of Operating Policies, the violator may be excluded from game participation, event prizes, and rankings. In addition, no support can be provided regarding any damages (compensation related to rankings) arising from the exclusion from the rankings.
7. Abnormally acquired goods may be recovered (deducted) together with measures taken in accordance with the violation; provided, however, that if the acquired items, goods, experience, etc. are transferred or damaged so that they cannot be recovered (deducted), restriction of the account’s use of the games, a permanent restriction of game use may be imposed or game data (goods, items, etc.) may be reset.
8. For accounts against which measures have been taken for violations or accounts that have been confirmed to be related to such accounts, character restrictions may be imposed and goods, items, etc. may be recovered (deducted).
9. The period for handling justifications will apply separately from the Operating Policies, and independent of the results of the justifications, the measures to recover (deduct) the unfair profits shall be maintained.
10. For the purpose of recovering (deducting) unfair profits, temporary game use restrictions may be applied until the recovery (deduction) on a case-by-case basis, and this shall not be included in the restriction period for game use as set forth in these Operating Policies.
11. For the raising of objections against the abuse of the Open Market store process (justification, request for unfair profit recovery), guidance may be requested and received through the game customer center. It may not be possible to confirm or provide guidance on objections (justifications) after 2 months from the start of the use restriction due to the end of the retention period for the data serving as the basis for the game use restriction.
12. In the event of abuse of the Company/open market store processes by an individual or multiple IDs or organizational abuse for profit, legal action may be taken in accordance with the severity of each violation for the protection of the Members and the Game Services.
13. To minimize the spread of the same damage, Devices and networks used to access accounts against which actions have been taken under these Operating Policies and accounts that appear to have been stolen may be blocked at the same time.
14. The games provided by the Company are optimized for smartphones and tablet devices. The Company cannot provide support for any damages or disadvantages that may arise from playing on other environments or using programs not provided by the Company.
15. If cash transactions are involved or Account Information is shared with other Members, it will not be possible to handle the resulting matters.
※ The detailed terms for restriction of use are defined as below.
(9) If a Member intends to object to the Company’s use restriction measures, such Member must submit an objection application in writing, email, or other similar means stating the reason for objection within 14 days from the date notice of the measure was received.
(10) The Company shall respond to the reason for objection in writing, email, or other similar means within 15 days from the date of receipt of the objection application in Paragraph 9; provided, however, that in cases where it is difficult for the Company to respond within this period, the Company shall notify the reasons and schedule for handling such matter, and if the reason for objection is reasonable, measures shall be taken accordingly.
(11) In cases where the Company’s restriction of use is appropriate, the Company shall not compensate the losses suffered by the Members due to the restriction of use and the termination of the agreement, and no compensation or refunds for the remaining services, such as the balance, remaining period, etc. for the use of paid services, shall be provided.
Article 15 (Service Restoration Provisions)
(1) In cases where information such as characters, items, game money, etc. is lost or changed due to reasons attributable to the Company or technical errors in the services, the Company shall restore the game information to the extent that objective materials and information are confirmed through the data.
(2) Restoration and compensation is not possible for damages due to reasons attributable to the Member; provided, however, that in the case of account theft, restoration will be processed after investigation through the relevant legal processes.
1. Neglect or carelessness in account transactions and management, such as account sharing, transfer, sale, etc.;
2. Damages caused by personal negligence;
3. If a Member commits an act that violates the obligations thereof;
4. If game information is lost or changed due to a failure to understand the details notified through the Game Services or announcements;
5. Damages occurring due to failure to accurately confirm transaction information (amount, quantity, item information, characteristic, etc.) when using exchanges;
6. Circumstances of use (consumption), expiration, purchase, sale, disassembly, production, withdrawal, club dissolution, etc. under the normal system; or
7. Issues arising from a Member’s game play environment or damages caused by a network environment that does not involve the willful misconduct or gross negligence by the Company.
(3) The application for restoration must be received by the customer center directly from the Member through the relevant account within 7 days from the date the issue occurred. Support cannot be provided if the application is received after 7 days or if received through a third party or a different account.
(4) Any item that was erroneously purchased or gifted due to the Member’s own negligence cannot be restored or cancelled.
(5) Members may request deletion for items that they cannot delete on their own.
(6) Members may request restoration only once in the event the Account Information is lost due to changes in Devices, re-installment, loss, resetting, cash or data deletion, etc., while using the Game Services in the guest account status (unconnected with account or Temporary Members).
1. However, if accounts linked to Partnership Services provided in the game (Google, Apple, Facebook, Weverse, etc.) are suspended, withdrawn, lost, dormant, or locked out, it is difficult for the Company to provide support with restoration.
2. If identity cannot be verified during the restoration process, it is difficult to assist with the restoration, and additional information may be required to verify one’s identity such as game information, screenshots, and payment details.
Article 16 (Ownership of Copyrights, etc. and Restriction of Use)
(1) The copyrights and other intellectual property rights of all Contents within the services produced by the Company belong to the Company.
(2) The copyright of posts posted by Members within the services shall belong to the relevant copyright holder, and any losses or problems arising from the Member’s posts shall be the responsibility of the individual Member, and the Company shall not be liable therefor.
(3) Posts posted by Members within the services may be exposed to search results, services, related promotions, etc., and may be posted after being partially modified, reproduced, or edited to the extent necessary for such exposure. In such cases, the Company shall comply with the Copyright Act, and the user may take measures such as deleting the post through the customer center or the management functions of the services at any time.
(4) Members shall not use or enable a third party to use information falling under the intellectual property rights of the Company or the provider gained while using the services by reproducing, transmitting, etc. such information for profit (including, but not limited to, editing, publishing, performing, distributing, broadcasting, producing derivative works, etc.; the same hereinafter).
(5) Members shall allow the Company to use communications, images, sounds, and all materials and information, including conversation text uploaded or transmitted through the services by the Member or another Member in relation to the Contents (including direct content such as characters, images, sounds, etc. and indirect content such as service-related information) (the “Member Contents”) in the following manner and under the following conditions:
1. Use, edit or otherwise modify the Member Contents (which may be used in any form, such as publication, reproduction, performance, transmission, distribution, broadcasting, and creation of derivative works, with no restriction of the use period or territory); and
2. Member Contents shall not be sold, leased, or transferred to a third party for commercial purposes without the prior consent of the Member who created the Member Contents.
(6) In cases where there is an objection from a third party regarding the posts of a Member due to copyright or other issues and it is deemed that there is a valid reason for such objection, the Company may delete the posts or refuse the registration itself without prior notice, and matters regarding the suspension of the posting of posts due to copyrights and infringement of rights shall be governed by the Copyright Act and the relevant laws and regulations.
(7) This Article shall be valid while the Company operates the services and shall continue to apply after the Member unsubscribes from the services.
Article 17 (Member Posts)
(1) Any losses or issues arising from a Member’s post shall be the responsibility of the individual Member, and the Company shall not be liable.
(2) In cases where the Company receives a claim for damages, etc., from a Member for the reason that the posts of another Member infringe on the rights of thereof, the Member who wrote the posts shall actively cooperate to indemnify the Company, and if the Company is not exempt from indemnity, the Member who wrote the posts shall be responsible for the issues arising therefrom.
(3) The Company may delete, move, or refuse the registration of posts or details posted or registered within the Game Services by a Member if they are deemed to fall under the prohibited acts prescribed in Article 12 or if they fall under any of the following subparagraphs.
1. If they slander other Members, infringe privacy, or damage reputation through defamation;
2. If they cause or are likely to cause disruption to the stable operation of the services;
3. If they are deemed to relate to criminal conduct; or
4. If they infringe the intellectual property rights or other rights of the Company or a third party.
Article 18 (Community Services)
(1) Community services refer to services such as forums provided by the Company so that multiple members can freely exchange opinions, exchange information with interest and intent regarding specific topics, and promote friendship.
(2) Members may use the community services through linked Partnership Service accounts or other means provided by the Company.
(3) When a Member subscribes for the use of community services, the Member’s information may be disclosed to management for the smooth operation of the services.
(4) In cases where the community services are provided in connection with the Partnership Services, in the event that the Member loses membership status of each Partnership Service or leaves, it may not be possible to provide the community services as usual.
(5) The Company may include matters necessary for the protection of the rights and interests of Members and the provision of sound community services in the Terms and Conditions or set them forth in separate policies, and Members have the obligation to comply therewith. The Company shall notify the Members of the Operating Policies or separate policies by posting them within the services or community services or providing a linked page so that the Members can know the details of such policies.
Article 19 (Advertising)
(1) The Company may run advertisements to maintain the services, etc. In addition, limited to cases in which the Member’s prior consent has been acquired, the Company may send various information and for-profit advertising information that the Company deems necessary to the Members through SMS (long SMS), smartphone notifications (push notifications), email, etc.; provided, however, that Members may withdraw their consent at any time if they no longer wish to be sent such information, and the Company shall not send any advertising information if the Member refuses to receive such information.
(2) The advertisements and/or services provided by other companies may be linked through banners or links within the services provided by the Company.
(3) The Company shall not be liable for any losses or damages arising from the Member’s participation in, contact with, or transaction of the products or services being advertised under Paragraph 1 by a third party; provided, however, that this shall not apply in cases where the Company facilitated the occurrence of damages due to willful misconduct or gross negligence or did not take the necessary measures.
(4) The Company may request additional information regarding Members for the purpose of improving the services and introducing the services to Members, and Members may accept or refuse such requests.
Article 20 (Payments)
(1) In principle, the imposition and payment of purchase prices for Contents shall be in accordance with the policies determined by mobile communication companies and Open Market business operators, etc. In addition, the limits for each payment instrument may be set or adjusted in accordance with the policies set by the Company or Open Market business operators or the policies of the government.
(2) In cases where the purchase price of Contents is paid in foreign currency, the actual invoice amount may differ from the price indicated in the store, etc. of the services due to exchange rates, commissions, etc.
Article 21 (Withdrawal of Subscription and Refund of Purchase Price)
(1) Paid Contents provided by the Company to Members shall be divided into Contents for which withdrawal of subscription is possible and Contents for which withdrawal of subscription is restricted. For paid Contents that were directly purchased and for which withdrawal of subscription is possible, the subscription may be withdrawn within 7 days after purchase.
(2) In any of the following cases, withdrawal of subscription may be restricted, and in such cases, the Company shall take measures in accordance with the relevant laws and regulations.
1. Contents provided free of charge by the Company or a third party such as gifts and events;
2. Contents used immediately upon purchase or applied directly to the Game Services;
3. If, for Contents providing additional benefits or bundled sale Contents, the additional benefits have already been used or a part has been used so that recovery is not possible; or
4. If there is an opening of Contents which can be viewed by opening or for which the utility is determined upon opening.
(3) In the case of Contents for which withdrawal of subscription is not possible pursuant to the subparagraphs of Paragraph 2, the Company shall clearly indicate such fact at a location that the Members can readily recognize, and in cases where trial products of the Content in question are provided (temporary use is permitted or offered for experience), or provision thereof is difficult, the Company shall provide information on the Contents and take measures to prevent the Members’ exercise of rights from being hindered. If the Company fails to take such measures, Members may withdraw subscription regardless of the grounds for withdrawal of subscription set forth in the subparagraph of Paragraph 2.
(4) Notwithstanding Paragraphs 1 and 2, if the details of the paid Contents that were purchased are different from the details being indicated or advertised or perform differently from the details of the purchase agreement, Members may withdraw subscription within 30 days from the date they became aware of such fact or could have known such fact, and within 3 months from the date the Contents in question become available for use.
(5) In the event of withdrawal of subscription pursuant to Paragraphs 1 through 4, the Company shall immediately recover the paid Contents of the Member and refund the price within 3 business days. In such cases, if the Company delays the refund, the Company shall pay delay interest calculated by multiplying the delay period by the interest rate prescribed by the Act on the Consumer Protection in Electronic Commerce, Etc. and Article 21-3 of the Enforcement Decree thereof.
(6) In the event a Member withdraws subscription, the Company may verify the details of the purchase through the Open Market business operator. In addition, the Company may contact the Member through the information provided by the Member in order to confirm the Member’s justifiable reason for withdrawal, and may request additional evidence.
(7) If a minor makes a payment without the consent of the legal guardian, such minor or legal guardian may cancel the payment; provided, however, that cancellation may be limited in cases where payment for paid services by the minor is within the scope permitted by the legal guardian to be disposed or where the payment is due to the deception of such minor. Whether a party to a Content purchase agreement is a minor shall be determined based on the Device on which the payment was made, payment executor information, the account holder of the payment instrument, etc., and the Company may request the submission of documents that can prove that the minor and legal guardian’s identities in order to confirm whether the cancellation is legitimate.
(8) In cases where a refund is requested, after verifying the payment details, the Company may request the Member to submit separate documents to confirm their identity, and the Member shall submit the requested documents to the Company by means of fax transmission, etc. In such cases, the refund shall be based on the account of the account holder of the Device; provided, however, that if the legal guardian requests a refund on behalf of the Member because the Member is a minor who cannot confirm their identity or the account of the account holder themselves, additional proof may be requested, and if the legal guardian is confirmed, the refund may be given instead to the legal guardian’s account.
(9) The Company shall use its best efforts to complete the refund as soon as possible after receiving the documents prescribed in the previous paragraph from the Member.
Article 22 (Refund of Overpayments or Erroneous Payments)
(1) In the event of an overpayment or erroneous payment due to the intent or fault of the Company, the Member shall be refunded such payment; provided, however, that in cases where an overpayment or an erroneous payment has occurred due to the intent or fault of the Member, the expenses required for the Company to refund such payment shall be borne by the Member within the reasonable scope.
(2) Refunds of overpayments or erroneous payments under Paragraph 1 shall be carried out in accordance with the refund policies of each Open Market business operator or the Company in accordance with the operating system of the Device used by the Member; provided, however, that for the Apple App Store, Members must apply for a refund directly to the Apple App Store.
(3) Communication charges (communication fees, data fees, etc.) due to the download of the Application or use of network services may be excluded from refunds.
(4) Any Contents acquired free of charge by a Member during the use of the service without Payments or provided by the Company through internal or external partnership events, etc. are not refundable.
(5) In order to handle the refunds of overpayments or erroneous payments, the Company may contact the Member through the information provided by the Member, and may request the necessary information. The Company shall process the refund within 3 business days from the date the Company receives the information necessary for the refund from the Member.
Article 23 (Termination)
(1) At any time, if a Member does not wish to use the services, such Member may terminate the use agreement by withdrawing from membership. All game use information will be deleted in the Game Services from the Member’s withdrawal of membership, and will not be restorable. The deletion of Applications or the termination of the linking with Partnership Services is not recognized as a termination of the use agreement.
(2) If there is a material reason why the Company cannot maintain this agreement, such as a Member engaging in an act prohibited by these Terms and Conditions and various policies thereunder, etc., the Company may determine a time and suspend the use of services or terminate the use agreement, and if a large volume of abusive acts, hacking, illegal program use, etc. is repeatedly confirmed in a specific IP band, the use of services in the relevant IP band may be suspended.
(3) The Company may, in cases where a Member falls under any of the following subparagraphs, notify the relevant Member through valid means, deprive the Member of membership and restrict the Member from resubscribing with the same personal information:
1. If all of the personal information registered at the time of membership registration is false;
2. If the Member uses the services by stealing the name or personal information of another Member;
3. If the Member steals the payment information, etc. of another Member or engages in transactions through improper acts;
4. If the Member uses programs unauthorized by the Company, uses bugs in the system, engages in hacking or causes other damage to the system; or
5. If the Member engages in any of the acts set forth in Article 12, Paragraph 1 of these Terms and Conditions.
(4) If the Company terminates or suspends the use agreement in accordance with the provisions of the previous paragraph, the Member may not use the services and Contents, and shall not receive a refund of the purchase price already paid for Contents, data communication fees, monthly fixed service usage fees, etc.
Article 24 (Damages)
(1) If the Company incurs damages due to the violation of these Terms and Conditions by a Member, the Member in violation of these Terms and Conditions shall be liable for the damages incurred by the Company; provided, however, that the Company shall be liable for any portion the Company is at fault for.
(2) If, due to illegal acts or violations of these Terms and Agreements in the use of the services by a Member, the Company receives claims for damages or objections, including litigation filings, from a third party, such Member shall indemnify the Company at their own liability and expense, and if the Company is not indemnified, such Member shall be liable for compensating the Company for damages incurred thereby; provided, however, that the Company shall be liable for any portion the Company is at fault for.
(3) If the Company enters into a partnership agreement with an individual service provider and provides individual services to Members, if damages are caused by reasons attributable to the individual service providers after the Member consents to the terms and conditions of the individual services, the individual service provider shall be liable for such damages.
Article 25 (Indemnification)
(1) The Company shall not be liable for any damages arising from the services provided free of charge; provided, however, that the foregoing shall not apply to damages caused by the willful misconduct or gross negligence of the Company.
(2) The Company shall not be liable for suspension, failure to use, or termination of agreement due to the fault of the Member; provided, however, that the foregoing shall not apply if the Member has an unavoidable circumstance or justifiable reason.
(3) The Company shall not be liable for the inability to provide the services in cases where the services cannot be provided due to natural disasters or force majeure events equivalent thereto.
(4) If damages occur because a mobile communications operator suspends network services or fails to provide them normally, the Company shall be indemnified from liability unless there is any willful misconduct or gross negligence of the Company.
(5) The Company shall not be liable for any problems arising from the user’s Device environment, the installation of malicious programs that arise from the Device settings, nor any damages arising therefrom or problems arising from the network environment that are not attributable to the Company.
(6) As there may be various results in the Game Services provided by the Company depending on the individual acts of the Members, the Company shall not be liable for any problems arising from the choices of Members, etc.
(7) The Company shall not be liable for any problem that arises due to a cause attributable to a Member, such as a Member accessing a website that impersonates the services of the Company or an APK, etc. accesses altered network services, etc.
(8) The Company shall not be liable for the reliability, accuracy, etc. of information, materials, or facts posted or transmitted by Members within the services or on the Website unless there is any willful misconduct or gross negligence of the Company.
(9) The Company shall not have any obligation to intervene in disputes between Members or between a Member and a third party arising out of the services, and shall not be liable for damages arising therefrom.
(10) The Company shall not be liable for any problems arising from causes attributable to the Member, such as the damages arising from the Member’s Device errors or the damages caused by incorrect entries of or failure to input personal information or email addresses, etc.
(11) The Company shall not be liable for losses of the class, items, Contents, etc. that a Member has acquired while using the services (excluding those directly purchased through the Company), except for cases caused by the willful misconduct or gross negligence of the Company or its employees.
(12) The Company shall not be liable for any damages caused by the Temporary Member’s use of the services; provided, however, that the foregoing shall not apply in cases of willful misconduct or negligence of the Company.
Article 26 (Notification to Members)
(1) The Company may, if necessary, give notice to Members through email addresses, electronic memos, messages within the Game Services, text messages (SMS/long SMS), etc.
(2) Notification to all Members under the previous paragraph may be substituted by posting within the Game Services or presenting a pop-up screen, etc. for at least 7 days.
Article 27 (Other Rules)
Matters not set forth in these Terms and Conditions and the interpretation of these Terms and Conditions shall be in accordance with the relevant laws and regulations and customary practices.
Article 28 (Dormant Accounts)
In order to protect the personal information of Members who have not used the Company’s services for 1 year consecutively from the date of last use of the services (“Dormant Accounts”), the Company may terminate the use agreement and take measures such as the destruction of the Member’s personal information. In such cases, the Member shall be notified of the fact that measures such as termination of agreement, destruction of personal information, etc. will be taken and the personal information to be destroyed, etc. by at least 30 days prior to the date of such measures.
Article 29 (Severability)
If any portion of these Terms and Conditions is determined to be invalid or unenforceable by any applicable local law or any court of competent jurisdiction, such portion shall be interpreted in accordance with the applicable laws as it most closely reflects the Company’s original intent, and the remainder of these Terms and Conditions shall remain valid and enforceable.
Article 30 (Jurisdiction and Governing Law)
(1) These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Korea.
(2) Any disputes arising between the Company and its Members regarding the use of the services shall be amicably resolved by the agreement of the parties.
(3) If a lawsuit is filed because a dispute under Paragraph 2 cannot be resolved amicably, the competent court shall be the court in accordance with the procedures prescribed in the relevant laws and regulations.
These Terms and Conditions shall be effective as of May 30, 2023.