Terms and Conditions of HYBE IM Mobile Game Services | BTS Island: In the SEOM
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Terms and Conditions of HYBE IM Mobile Game Services

Article 1 (Purpose)

The purpose of these Terms and Conditions is to stipulate the rights, obligations, responsibilities and other necessary matters of HYBE IM Co., Ltd. (hereinafter referred to as the “Company”) and its Members in connection with the use of games and other services provided by the Company.

 

Article 2 (Definition of Terms)

① The definitions of terms used in these Terms and Conditions shall be as follows:

1. “Member” means a person who agrees to these Terms and Conditions, enters into a service agreement, and uses the services provided by the Company;

2. “Temporary Member” means a Member who does not link or authenticate their Account Information with an external account, or uses part of the services through the guest login mode;

3. “Device” means Devices such as PCs, mobile phones, tablets, handheld game consoles, console game consoles, VR, etc. that can be used by downloading or installing content;

4. “Platform” means all programs and services provided to download, install and use content through a Device;

5. “Application” means any and all programs downloaded or installed through a Device to use the services provided by the Company;

6. “Game Service” means paid or free games and related services provided to Members by the Company;

7. “Content” means all paid or free content (characters, game money, items, etc.) created digitally in relation to all services provided by the Company;

8. “Payment” means payment through a payment company recognized by the Company in order to purchase or use Content of the service;

9. “Open Market” means e-commerce environments built to install Applications on Devices and make Payments;

10. “Account Information” means the information provided by the Member to the Company, such as the Membership number, external Account Information, Device information, nickname, profile picture, friend lists, game usage information (character information, items, levels, etc.), usage fee payment information, etc.;

11. “Partner Service” means a service provided by the Company through partnership with other service providers, and refers to all individual or all services that are provided so that the service can be used on a Device using the subscription information of the partnership service.;

12. “Post” means text, documents, pictures, audio, videos, or information comprised of a combination thereof posted by a Member in the course of using Game Services, etc.; and

13. “Termination of Membership” means the termination of a Member ‘s agreement of use of services, etc., with the Company.

14. “Place of residence” refers to the country or region in which the Member resides with the intentions of residence. For the purpose of this Terms and Conditions, the place of residence shall, in principle, be determined according to the IP address of the Member accessing the service at the time of registration, but if the Member repeatedly accesses the service over a long period of time, the relevant region may be considered as the place of residence.

② Definitions of terms used in these Terms and Conditions shall be governed by the relevant laws and other general commercial practices, except for those set forth in Paragraph 1 of this Article.

 

Article 3 (Provision of Company Information, etc.)

The Company shall indicate the following matters on the website (hereinafter referred to as “Website”) or service operated by the Company so that Members can easily understand them or make them visible through a connection screen:

1. Company name and name of representative;

2. Address of the place of business (including the address to file Member complaints);

3. Telephone number, e-mail address;

4. Business registration number, telemarketing business report number; and

5. Service Terms and Conditions and Privacy Policy

 

Article 4 (Effects and Amendment of Terms and Conditions)

① The Company shall post these Terms and Conditions on the Website or provide them as a connection screen within the service or as a link screen. In this case, important matters such as service suspension, subscription withdrawal, refund, cancellation and termination of the agreement, and the Company’s disclaimer etc. shall be clearly displayed or handled in a way that Members can easily understand them on a separate connection screen, etc.

② Members who agreed to these Terms and Conditions and sign up for Membership shall be subject to the agreed Terms and Conditions from the time they agree to the Terms and Conditions, and if there is a revision of the Terms and Conditions, they shall be subject to the revised Terms and Conditions from the time the revision takes effect. By agreeing to these Terms and Conditions, the Member agrees to visit the Website on a regular basis to check for any changes to the Terms and Conditions.

③ If deemed necessary, the Company may amend these Terms and Conditions. When amending the Terms and Conditions, the Company sets the terms of the changed Terms and Conditions and the effective date thereof, and notify them online through the Website or the connection screen within the service seven (7) days before the effective date. However, if the provisions of the Terms and Conditions are revised unfavorably to Members, thirty (30) days prior to the effective date, such shall be notified in the same way as in the text and notified to Members. In such cases, the provisions before and after the revision shall be clearly compared and displayed for Members to understand.

④ Members shall have the right to disagree with the revised Terms and Conditions. If Members has any objection to the revisions to these Terms and Conditions, he/she may terminate the terms of use (Termination of Membership) concluded under the previous Terms and Conditions and discontinue using the service. However, if the Member uses the service without expressing his/her intention to reject the revised terms and conditions by the effective date of the revised Terms and Conditions despite that he/she was notified that it would be otherwise deemed to have agreed to the revised Terms and Conditions, he/she shall be deemed to have agreed to the revised Terms and Conditions.

 

Article 5 (Operational Policy)

① In order to protect the rights and interests of Members and the matters necessary to apply these Terms and Conditions, and to maintain order in the service, the Company may establish a separate policy (hereinafter referred to as “Operational Policy”) for matters entrusted by prescribing a specific scope in these Terms and Conditions. By agreeing to these Terms and Conditions, Members shall be subject to the separate Operational Policy of each service and other additional services.

② The Company shall post the Operational Policy on the Website or service screen or by providing a connection screen so that Members can recognized the Operational Policy.

③ In the case of the Operational Policy amendment that has the same effect as bringing about a significant change in the rights or obligations of a Member or changing the the Terms and Conditions, the procedure in Article 4 (3) shall apply. However, if the revision of the Operational Policy does not fall under any of the following Subparagraphs or has the same effect as the change of the Terms and Conditions, the Company shall apply the revised Operational Policy after prior notice by the method described in Paragraph 2 of this Article:

1. Revising matters authorized in the Terms and Conditions by specifying a scope of authorization;

2. Revising matters not related to the rights or obligations of Members; or

3. Revising the Operational Policy without fundamentally deviating from those prescribed in the Terms and Conditions and are amended to the extent predictable by the Member.

 

Article 6 (Conclusion of Usage Agreement and Commencement of Use)

① A user intending to become a “Member” shall agree to the Terms and Conditions and apply for use in accordance with the form and procedure presented by the Company, and when the Company approving such application, a usage agreement shall be concluded between the Company and the user, provided, however that the form and procedure presented by the Company may differ depending on the Platform that the Member wishes to use.

② If the applicant is at an age that requires consent of a legal representative under the Personal Information Protection Act or is a minor, in accordance with the relevant laws and regulations, she/he is required to complete the consent process of the legal representative to continue using the service effectively. When applying for use, the user shall provide their actual information. Any Members who fail to comply with this shall not claim any rights, and may be punished according to the relevant laws.

③ The Company may vary the scope and time of use, etc. of the provided service according to the information provided by the Member at the time of application for use. If necessary to provide the above optional services or adjust the scope of the services being provided, the Company may request additional information from Members.

④ If Member uses a service provided by the Company through a third party partnership, he/she may be required to agree to separate service terms and conditions provided by the Company or the third party. The content of the service, the rights and obligations between the Company and third parties and Members, etc. shall be governed by the separate Terms and Conditions provided by the Company or the third party, the Operational Policy, etc.

⑤ In principle, the Company shall accept the Member’s application for use, provided, however, that the Company may refuse to accept any of the following applications for use or cancel them afterwards even if it has been approved:

1. where the requirements for providing services are not satisfied, such as falsely entering Member information, failure to obtain consent from a legal representative, or failing to confirm that consent has been obtained;

2. where the user intends to use the service, etc. in a country or region where the Company does not provide the service, or uses the service, etc. through an abnormal or indirect method;

3. where the maximum number of accounts available for each Platform provided by the Company is exceed;

4. where the user intends to use a service for an unjust purpose that hinders social well-being and order of society or good morals, or for the purpose of undermining the Company’s interests or pursuing profit;

5. where the user applies for re-enrollment after he/she withdraws Membership during temporary suspension for investigation of violation of the Terms and Conditions;

6. where a Member’s re-registration is restricted, such as when Members try to re-apply for Membership within one (1) month after Termination of Membership, etc.;

7. where the user applies for use of the service for the purpose of performing an act prohibited by the relevant laws such as the Game Industry Promotion Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.; or

8. where it is deemed inappropriate to provide services for other reasons equivalent to the reasons under the above each Subparagraph.

⑥ In a case falling under any of the following Subparagraphs, the Company may withhold its approval until the cause therefor is resolved:

1. where a person who wants to become a Member fails to completed the necessary procedures for application for use in accordance with the relevant laws and regulations;

2. where the Company’s facilities cannot handle it or have a technical problem;

3. in the event of  a service failure or service usage fee or payment method failure; or

4. where it is deemed difficult to accept an application for use due to other reasons equivalent to the above each Subparagraphs.

⑦ Upon completion of the consent process to the terms and conditions or input of information required to use services, the Company shall make the service available immediately if there is no reason to withhold or refuse its approval. For some services, the Company may start the service on a specified date as needed or if a separate agreement is required, the service may be initiated after the relevant procedures, including agreement to separate Terms and Conditions have been completed. However, if the matters under Paragraph 5 are confirmed afterwards, the agreement may be terminated without any restriction on use or refund of usage fee in accordance with the provisions of these Terms and Conditions.

⑧ In the event that the Company is unable to launch the service due to business or technical difficulties, inspections, etc., it shall be notify Members of the service on its  Websites or related websites such as individual services, or notified directly to Members.

⑨ The Company will provide information on the minimum or recommended technical specifications required to use each service through its Website or official community for each service. For the use of each service, the Member shall check whether the device specifications, wired/wireless communication network quality, etc. are suitable for the use of the service. For smooth use of the service, installation of additional programs may be required.

⑩ Due to environmental changes such as updates and technological advances, technical specification information necessary for use of services may be changed, and the Company is not responsible for changes in technical specification information.

⑪ Members shall be responsible for paying for Internet connection/mobile charges incurred to use the services provided by the Company. If a Member needs to check the Internet connection/mobile charges incurred by the service provided by the Company, he/she shall contact the mobile carrier or Internet Service Provider used by the Member before using the service provided by the Company.

⑫ The Company may provide a Temporary Membership for the service for the convenience of Members. During the use of the Temporary Membership, if any of the following cases apply, Account Information may be deleted or records may not be verified, and Account Information of services used through the Temporary Membership may not be linked or transferred later. In such cases, the Company does not guarantee the recovery of the Account Information and is not liable for compensation or damages, unless it is caused by willful act or gross negligence of the Company:

1. where the Device has been changed;

2. where the Device has been modified or reset; or

3. where the member deletes all or part of Content, such as Applications, from the Device.

 

Article 7 (Provision and Use of Services)

① In providing services to Members, the Company will provide additional services, including those stipulated in these Terms and Conditions.

② In addition to these Terms and Conditions, separate agreements for each service may be requested. Games requiring separate terms and conditions can be used by Members agreeing to the terms and conditions of the game, applying for use, and the Company approves the application.

③ The Company provides services, etc. for a fixed time according to the Company’s business policy. The Company shall inform the time of service, etc. in an appropriate way on the Website or the initial screen of the game. However, as needed for operation such as regular system inspection, server expansion and replacement, additional game content, various bug patching, and replacement with new services, the service may be suspended for a certain period of time and in such cases, the Company will inform the content and time in advance either on the Website or individual services in an appropriate way. However, in the event that the Company is unable to notify the user in advance due to an unavoidable reason, the Company may notify the user afterwards.

④ In providing services to users, the Company may restrict the use of some services in accordance with the relevant laws and regulations, the age of the user, and the procedure for using the service. In such cases, the Company will inform Members of the details in advance.

⑤ Members may use the services provided by the Company through the wireless Internet, open markets, Application stores, online sites (portal, game site, or company homepage, etc.) and other channels of mobile carriers for free or for a fee using the network, and a certain data fee prescribed by the mobile carrier may be charged.

⑥ For downloaded and installed applications or services used through network services, they are available to suit the characteristics of the Device or the mobile carrier. Changes, renumbering, or overseas roaming of devices may not be able to use all or a part of the features of the Service, in which case, the Company is not responsible. In addition, background work may take place, which may incur additional charges depending on the characteristics of the device or the mobile carrier, and the Company is not responsible for the charges.

 

Article 8 (Provision and Collection of Information)

① The Company displays the following information  on the Websites, initial screen of the service, or connection screen, within the game service, etc. in a way that makes it easier for members to understand.:

1. Game title;

2. Age rating;

3. Rating classification number;

4. Date of production;

5. Report number or registration number of game producer or distributor; and

6. Information related on Probabilistic Item that are obligated to be displayed pursuant to relevant statutes, such as "Game Industry Promotion Act."

7. Other matters the Company deems necessary.

② The Company may save and store all communication between Members within the service, such as chatting, letters, whispers, etc. The Company may access this information only in any of the following cases, and a third party may access this information only when authorized by law:

1. where it is necessary for mediation of disputes between Members, handling complaints, maintaining game order, or improving services;

2. where it is necessary to investigate fraudulent acts such as account theft, cash transactions, bug exploitation, in-game fraud and verbal abuse, etc.; or

3. where it is necessary for investigation, processing, confirmation, or remedy for other violations of laws and regulations or serious violations of the terms and conditions stipulated in Article 13 (Obligations of Members) of these Terms and Conditions.

③ In cases where the Company or a third party access information such as chats, letters and whispers of Members in accordance with Paragraph 2, the Company shall notify the Member of the reason and scope of access. However, in a case of Subparagraphs 2 and 3 of the preceding Paragraph, the reason for accessing the information and the part related to the person among the information accessed will be notified afterwards.

④ For smooth and stable operation and quality improvement of services, etc., the Company may collect and utilize the Member’s PC, mobile device settings and specification information, operating system, version, and information on programs that are currently running, etc.

⑤ The Company may request additional information from Members for the purpose of improving services and introducing services to Members, etc. Members may accept or decline such a request, and if the Company makes this request, the Member shall also be notified that he/she may reject this request.

 

Article 9 (Change and Suspension of Service)

① Members may use the services provided by the Company in accordance with these Terms and Conditions, Operational Policy, and rules set by the Company, and the Company shall have comprehensive rights regarding the production, change, maintenance, repair, etc. of the service.

② The Company may change the service in accordance with operational or technical needs to provide smooth service, etc., and prior to any change, shall notify thereof in the service. However, in the event of an unavoidable need for change due to bug fixes or emergency updates, if it is inevitable to change due to a bug or error or an emergency update, if it does not constitute a major change, or if there are unavoidable circumstances such as server equipment defects or emergency security issues, it can be notified afterwards.

③ The service may not be provided for a certain period of time in any of the followings, during which the Company is not obligated to provide the service:

1. where it is necessary for maintenance and inspection, replacement, regular inspection of information and communication facilities such as computers, or modification of game Content or the service;

2. where it is necessary for addressing electronic infringements such as hacking, etc.,  communication accidents, abnormal game usage behavior of Members, and unexpected service instability;

3. where the provision of services is prohibited or restricted by a specific time or method in the relevant laws, government policies, business association compliance rules, etc.;

4. where it is impossible to provide normal service due to natural disasters, emergencies, power outages, failure of service facilities, or congestion of service use, etc.; or

5. where there are serious business needs of the Company, such as a split off, merger, transfer of business, abolition of business, or deterioration of the revenue of the service, etc.

④ In the case of Paragraph (3) 1, the Company may suspend the Game Service, etc. by specifying a specific period of time in advance. In such a case, the Company shall notify the Member at least 24 hours in advance on the Website or the initial screen of the Game Service.

⑤ In the case of Paragraph (3) 2, the Company may temporarily suspend Game Services, etc. without prior notice. In such a case, the Company may notify the suspension on the Website or the initial screen of the Game Service afterwards.

⑥ In relation to the use of free services provided by the Company, the Company shall not be responsible for any damages incurred to Members, unless it is caused by a willful act or gross negligence of the Company.

⑦ Regarding the use of paid services provided by the Company, if the service is suspended or failure occurs continuously for longer than 4 (cumulative) hours per day without prior notice due to reasons attributable to the Company, the Company shall extend the usage time by 3 times the service suspension/disruption time free of charge for fixed-term paid service accounts, in which case the Member may not claim any other separate damages against the Company. In cases where the Company notified in advance of service suspension or failure due to server maintenance, etc., but the service suspension / failure time exceeds 10 hours, the use time shall be extended by the excess time free of charge, in which case the Member may not claim any other separate damages against the Company.

⑧ In cases falling under (3) 3 or 4, the Company may suspend all services, etc. due to technical and operational needs, and may suspend the provision of services by notifying the suspension on the Website 30 days in advance. In the event that there are unavoidable circumstances that cannot be notified in advance, notification may be given afterwards.

⑨ In the event that it is difficult to continue to provide services due to serious managerial reasons, such as the discontinuation of business due to business transfer, split off, merger, etc., expiration of agreements for the provision of services, etc., and significant deterioration in profits from the services, etc., the Company may suspend all services, etc. In such cases, the date of suspension, reasons for suspension, conditions of compensation, etc. shall be notified on the Website, initial screen of Game Service or a connection screen by 30 days before the date of suspension.

⑩ The Company is not responsible for refunds or damages, etc. for Content obtained free of charge by the Member, paid subscription or fixed-term paid items with no remaining period of use, or paid Content that has expired or does not have a period of use.

⑪ In the case of subparagraphs  8 and 9, the company shall establish and operate customer response measures such as a dedicated contact point to carry out the damage compensation procedures under subparagraph  10, for a period of not less than 30 days after the suspension of Services.

 

Article 10 (Purchase and/or Use of Content)

① The Company may provide Members with Content, including goods and items in the service (hereinafter collectively referred to as “Items”).

② The Company may provide Items separately, either for a fee or for free. The Company may determine the period and conditions of use of paid Items provided in the service in accordance with the Policy, which shall be notified to Members by posting on the service usage guide of the content or the payment screen, etc. Policies regarding the period of use of paid Items without separate notice shall be as follows:

1. Items can be used within 1 year from the date of purchase, and items that have not been used within 1 year may expire. For package Items, opening the package is regarded as the start of use;

2. Among the Items that have been used, Items with a separate use period may be used for the specified period of time;

3. Among the Items that have been used, paid Items marked “permanent” or paid Items without a period of use (hereinafter referred to as “Indefinite Items”) can be used during the period from the start if use and while the service continues, and in cases where the service is discontinued in accordance with Article 9 (3), the period of use shall be up to the date of discontinuation of the service notified;

4. In the event that the period of use elapses or the service is terminated, the use of the service is suspended/restricted, or the service usage agreement is terminated due to a Member’s violation of current laws or intentional or gross negligence, the Member may lose the right to use the Items, etc. In the event that a Member purchases an Item, etc. using a network service in a game Application, such as a service provided through a mobile Device, additional charges may be incurred, and this shall be borne by the Member; and

5. The Company may change the features of existing Items or make them unusable in accordance with changes in game Content, balance maintenance, Item policies, etc. In such cases, if a paid Item that has not expired becomes unusable, compensation shall be provided with equivalent paid Items or points corresponding to the remaining period of use of the paid Item.

③ In the case of items sold for a fee through the in-service store, the purchase shall be completed when the Company provides the paid content to the Member after the Member decides to make the purchase on the payment screen and proceeds with the payment. Except as otherwise provided in this Terms and Conditions, the Member may not cancel completed purchases and no refunds shall be available for completed purchases.

④ Items purchased by Members are classified into paid/free Items depending on the method of acquisition. In the event that the Member holds all of the paid/free Items and has used some of them, paid Items shall be deducted first, followed by free Items. In case of holding only paid Items, the order of use shall be on a first-in-first-out basis(the method of deducting in the order obtained first). However, it may be applied differently depending on the circumstances, and in such cases, it shall be notified in the service or through the community or Website, etc.

⑤ In a case of  services provided through mobile Devices, paid Items purchased by Members are bound to the Member’s Account Information and can be used on Devices logged in with the account. However, in case of Temporary Members, it can only be used on the Device where the Application was downloaded or installed. In case of Device change, number change, overseas roaming, etc., all or some of the paid Items may not be available, and in such cases, the Company shall not bear any responsibility for it.

⑥ The Company may provide “coupons” through the Website of the service, communities, Applications, etc. Members can exchange coupons for Items within the service by entering the provided coupon codes.

 

Article 11 (Protection and Use of Personal Information)

① The Company shall make an effort to protect the personal information of Members in accordance with the relevant laws and regulations. Regarding the protection of personal information of Members, relevant laws and the personal information processing policies separately notified by the Company shall be applied. However, the Company’s privacy policy does not apply to linked services other than those provided by the Company.

② The Company may not use personal information for any purpose other than previously notified, and shall immediately destroy it in a way that cannot be immediately reproduced  once the purpose is achieved.

③ Depending on the nature of the service, information introducing oneself, such as nicknames, character photos, status information, etc. that are not related to the Member’s personal information, may be disclosed to other Members.

④ In the event that there is a request from a related government agency, etc. in accordance with relevant laws and regulations, the Company may not disclose or provide a Member’s personal information to a third party without the Member’s consent, except as stipulated in these Terms and Conditions and the personal information processing policy.

⑤ Depending on the nature of the service, other social network accounts may be required to use the service. Actions taken or information shared on other social networking sites shall be processed in accordance with the terms of use and privacy policies of the applicable sites.

⑥ Members shall faithfully manage his/her personal information for the use of services, etc., and Members shall be responsible for damages caused by delays or omissions in changing his/her personal information. The Company is not responsible for any damage caused by leaked personal information or Account Information of Members due to reasons attributable to the Member.

 

Article 12 (Obligations of the Company)

① The Company shall comply with the relevant laws and regulations and these Terms and Conditions, and faithfully exercise the rights and fulfill the obligations stipulated in these Terms and Conditions.

② The Company shall have a security system to protect personal information (including credit information) so that Members can use the service safely, and disclose and comply with the personal information processing policy.

③ In order to provide continuous and stable service, in the event of equipment failure or loss or damage of data while improving the service, the Company shall do its best to repair or restore it without delay unless there are unavoidable reasons such as natural disasters, emergencies, defects and failures that cannot be resolved with current technology.

④ In the event that opinions or complaints raised by Members are recognized as legitimate, the Company shall process them immediately. However, if it is difficult to process such information immediately, the reason and processing schedule may be notified by phone or e-mail collected with prior consent from the Member.

 

Article 13 (Obligations of the Member)

① In using the services provided by the Company, Members shall not engage in any of the following acts, or for the purpose or intention of the followings:

1. When Providing personal information to the Company, such as Application for use, change of Member information, winning an event, etc., using information other than the real name or information of another person, or providing false information;

2. Illegal use, such as stealing personal information such as other Members’ accounts, game IDs and passwords, mobile phone numbers, or stealing credit cards, wire/wireless phones, bank accounts, etc. to purchase Items and Content fraudulently;

3. Transfer, sale, gift etc. of IDs, characters, items, game money etc. for a fee, or exchanging them for data of other services, etc., or using them as an object of a right (provision of collateral, rental, etc.) through services or unusual methods not provided by the Company;

4. Copying, distributing, facilitating, or commercially using the services provided by the Company or information obtained using them without the prior consent of the Company;

5. Generating property benefits to oneself or a third party by using the Company’s services, etc.;

6. Damaging the reputation of others or causing property damage to others;

7. Paying fees or charges by stealing payment methods such as credit cards, mobile phones, bank accounts, etc. without the consent or permission of the holder;

8. Infringement of the intellectual property rights of the Company or the intellectual property rights, portrait rights, etc. of third parties;

9. Collecting, storing, distributing, or posting personal information of other Members without the approval of the Company;

10. Exploiting bug in programs of the Services, or Registering or distributing computer virus-infected data that causes malfunctions of service-related facilities, destruction of information, etc., and causes confusion;

11. Intentionally interfering with the operation of the Company’s services, etc. or transmitting information that may interfere with stable operation, and advertising information against the explicit intention of other Members to refuse receiving;

12. Pretending to be another Member or falsely stating a relationship with another Member;

13. Exchanging or posting obscene or vulgar information, connecting (linking) to pornographic sites, or posting unauthorized advertisements or promotional materials;

14. Participating in, using, or inducing the services provided by the Company in a speculative or other unhealthy way, such as gambling with property;

15. Causing harm to other Members in relation to the use of the Company’s service or using the service for profit, political activities, election campaigns, etc. without the consent of the Company;

16. Transmitting, attaining, or disseminating words, sounds, texts, images, or videos that cause discomfort, disgust, or fear to other Members;

17. Unauthorized alteration of information posted on services, etc.;

18. Using information (computer programs) which of use, transmission, posting, etc. are prohibited by relevant laws and regulation, using, transmitting, posting, distributing information or materials containing software viruses, other computer source code, files, programs, etc. designed to disrupt or destroy the normal operation of the Company’s computer software, hardware, and telecommunications equipment;

19. Changing services, Applications, etc. or adding/inserting other programs, hacking/reversing the Company’s server or leaking/changing the source code or data of the program, building/operating a separate server, or arbitrarily changing/stealing parts of the Website of the Company and service without obtaining separate authority from the Company;

20. Posting messages or sending e-mail by disguising as or impersonating an employee or operator of a Company, or by stealing the identity of another Member; and

21. Other acts that violate relevant laws or induce or advertise acts equivalent to each of the above subparagraphs, or acts contrary to public order, morals, and other social norms

② Members shall check and comply with the relevant laws and regulations, provisions of this Terms and Conditions, precautions and notices announced in relation to the usage guide and Services, and other matters notified by the Company, etc. and shall interfere with the Company’s business.

③ Members shall not engage in business activities such as selling products using the Service, items and IDs obtained through the Service cannot be provided or received for transactions, acts such as hacking, profit through advertisements, and illegal distribution of commercial software cannot be performed, and arrangement or advertisement of any such activity is forbidden. The Member is responsible, and the Company is not responsible, for the results and losses of business activities caused by violation of this provision or legal measures such as arrest by the relevant organizations, etc. In the event that the Company suffers damages due to a Member’s actions, that Member shall be liable for damages to the Company.

④ Members shall be responsible for managing their accounts and Devices, and shall be responsible for damages caused by mismanagement or acceptance of use by a third party.

⑤ Members must set and manage payment passwords to prevent fraudulent payments for each open market. The Company is not responsible for any damages caused by the Member’s carelessness.

⑥ The Company may prescribe specific rules and standards for the following acts, and Members shall comply with them:

1. Names used in the game, such as the Member’s account name, character name, etc.;

2. Chat Content and methods;

3. Forum usage and service use methods; and

4. Partner Service policies and other necessary matters

 

Article 14 (Restrictions on Use)

① In the event that a Member falls under any of the following Subparagraphs, the Company may take reasonable measures such as suspending or restricting the Member’s use of the service until the cause is resolved in accordance with the operation policy for each service after notifying the Member concerned. However, for matters not stipulated in the operation policy for each service, reasonable measures may be taken in accordance with these Terms and Conditions after prior warning:

1. Where part of the personal information provided at the time of Application for usage is false or the personal information of others is stolen;

2. Where a Member engages in an act that offends others within the Company Website and services, etc.;

3. Where a Member interferes with the progress and operation of smooth services, etc.;

4. Where a Member uses or attempts to uses or distribute programs not permitted by the Company, to exploit system bugs, to hack, or otherwise damage systems;

5. Where fraudulent use, etc. by a third party occurs due to leakage of accounts and password information;

6. Where the use of an account is suspended or restricted by the Company’s other terms and conditions; or

7. Where any Subparagraph of Article 13 (1) of these Terms and Conditions is violated.

② In the event that the use of services, etc. is restricted due to Member’s violation of current laws or any Subparagraph of Paragraph 1 of this Article, refunds of contents on Items, etc. may be restricted.

③ For Members who repeatedly violate Paragraph 1 of this Article and the current laws and regulations, the Company may terminate the usage agreement and restrict re-registration with the same personal information or in the same region (including the same IP band).

④ For Members who have linked their account to other Platform Devices, if the linked account is subject to use restrictions, the use of the linked account with the other platform device shall be restricted.

⑤ In the event that an act specified in Paragraph 1 of this Article is reported or reasonably suspected, the Company may temporarily suspend the Member’s account until the investigation is completed. After the investigation is completed, the Company will extend the period of use of the Game Service, etc. for the suspended period to Members using paid services (Members using paid Items, etc.), unless the person is found to be an offender for any act in Paragraph 1.

⑥ Members may file an objection to restrictive measures under this Article in accordance with the procedures prescribed by the Company.

⑦ In the event that the service usage agreement between the Member and the Company is terminated, except as stipulated in the relevant laws and regulations, the Company may delete all Account Information in order to maintain a better service environment. Members shall separately back up information that needs to be stored prior to the termination of the usage agreement, such as services, and the Company is not liable for the deletion of the Member’s Account Information after the end of the usage agreement.

 

Article 15 (Service Recovery Provisions)

① In the event that information such as characters, Items, game money, etc. is lost or changed due to reasons attributable to the Company or technical errors in the service, the Company shall proceed with recovery of game information to the extent that objective data and information are confirmed through data.

② Damage caused by reasons attributable to the Member is not eligible for recovery or compensation. However, in case of account theft, recovery will be processed after investigation through the relevant legal procedures:

1. A negligent or reckless account transaction and management such as account sharing, transfer, sale, etc.;

2. A fraudulent damage caused by personal negligence;

3. An act that violates the Member’s obligations;

4. Loss or change of game information caused by failure to understand the information provided through the service or notice;

5. Damage caused by not accurately checking transaction information (amount, quantity, Item information, attributes, etc.) when using the exchange;

6. A case falling under situations such as usage (consumption), expiration, purchase, sale, disassembly, production, withdrawal, and guild dissolution by normal system; or

7. Problems caused by the Member’s game play environment or damage caused by the network environment without intentional or gross negligence of the Company

③ To apply for restoration, the Member themselves must submit an inquiry to the Customer Center directly with the account within 7 days from the date when the problem occurred. The Company cannot help a Member if the Member submits the application after 7 days have passed or through a third party or other account.

④ Items purchased or gifted by mistake due to the Member’s negligence is not eligible for recovery or cancelation.

⑤ Members may request the deletion of Items that cannot be deleted themselves.

⑥ If Account Information is lost due to Device change, reinstallation, loss, initialization, cache and data deletion, etc. while using the service in the guest (unlinked account or Temporary Member) account status, Members may request recovery once:

1. However, it is difficult for the Company to assist with recovery in a case falling under an account (Google, Apple, Facebook, Weverse, etc.) linked to the partnership service provided by the game being suspended, withdrawn, lost, or locked;

2. In case of recovering an account, the Company cannot restore the account unless the Member’s identity is confirmed. For identity verification, the Company may ask for additional information such as game information, screenshots and payment details.

 

Article 16 ( Ownership of Copyright, etc. and Restrictions on Use)

① Copyright and other intellectual property rights for all Content in the service produced by the Company belong to the Company or its right holder.

② The copyright of the post posted by a Member in the service shall belong to the copyright holder, and any loss or problem caused by a Member’s post shall be the individual Member’s sole responsibility and the Company is not responsible for it.

③ Posts posted by Members in the service (all materials such as conversations, images, sounds, etc.) may be used for search results, services, and related promotions, and may be partially modified, reproduced, edited and posted to the extent necessary for use. In such cases, the Company shall comply with the provisions of the copyright law, and Members may request measures such as deletion of the post at any time through the Customer Center or the management feature in the service.

④ In the event that the Company receives a claim for damages from another person for the reason that the Member’s post violates the rights of the another person, the Member who wrote the post shall actively cooperate to indemnify the Company, and if the Company is not indemnified, the Member shall bear the responsibility for it.

⑤ Members shall not use or cause a third party to use  information obtained while using the service or information for which copyright and other intellectual property rights belong to the Company or a third party, etc. for commercial purposes without prior consent from the Company or a third party by means of copying, transmission, etc. (this includes editing, publishing, performing, distributing, broadcasting, creating derivative works, etc. Hereinafter the same.)

⑥ Regarding Content in the service (including direct content such as characters, images, sound sources, and indirect content such as service-related information), Members shall allow the Company to use communications, images, sounds, and all materials and information, including conversation texts uploaded or transmitted by Members or other Members through the service (hereinafter referred to as “Member Content”), in the following ways and under the following conditions:

1. Making other modifications such as using, editing, or changing the format of the Member Content (Can be used in any form such as publication, reproduction, performance, transmission, distribution, broadcasting, creation of secondary works, etc., without restrictions on the period and region of use); and

2. Member Content is not sold, rented, or transferred to a third party for commercial purposes without the prior consent of the Member who created the Member Content.

⑦ In the event that a third party raises an objection to a Member’s post, etc. due to copyright issues, and it is determined that the objection is justifiable, or it falls under the content prohibited by Article 13, the Company may delete or refuse to register without prior notice, and matters such as suspension of posting due to copyright and infringement shall be subject to the Copyright Act and relevant laws.

⑧ In the event that the usage agreement, such as service under these Terms and Conditions, is terminated, Members shall immediately delete or return all Content of the Company, including game clients, etc.

⑨ Members whose legal interests have been infringed by information posted on bulletin boards operated by the Company may request the Company to delete the information or post a refutation of such. In such cases, the Company shall promptly take necessary measures and notify the requester.

⑩ This Article shall be valid while the Company operates the Service, and shall survive after the Termination of Membership.

 

Article 17 (Community Service)

① Community service means services such as bulletin boards provided by the Company so that a number of Members can freely exchange opinions, exchange information with interest and purpose on a specific topic, and promote friendships.

② Members may use community services by linking partnership service accounts or by other methods provided by the Company.

③ In the event that a Member subscribes to use a community service, Member information may be disclosed to the management team for smooth service operation.

④ In the event that community services are provided in conjunction with a partner service, the community service may not provide provide a normal service when if a Member loses or terminates membership in the partner service, normal service may not be provided.

⑤ The Company may include matters necessary for the protection of Members’ rights and interests and the provision of sound community services in the terms of use or set forth in a separate policy, and Members are obliged to comply with them. The Company shall notify Members by posting in the service or community service or providing a connection screen so that the contest of the operation policy or the separate policy can be known to the members.

 

Article 18 (Provision of Advertisements)

① The Company may place advertisements within the service in connection with service operation. Furthermore, the Company may send various information deemed necessary to Members and advertising information for commercial purposes by using text message (through short/long message services), push message, e-mail, etc., only with the Member’s prior consent. However, if the Member does not want to, the Member may withdraw consent any time, and the Company shall not send advertising information after a Member refuses to receive it.

② Through banners or links within the service provided by the Company, Members may be linked to advertisements or services provided by other companies.

③ In accordance with Paragraph 2, as loss and damages caused by Members participation, communication, or transaction in advertised products or services provided by third parties are not within the scope of the Company’s service so its reliability, stability, etc. shall not be guaranteed, and the Company does not assume any responsibility, unless the Company has willfully, or through gross negligence, facilitated the occurrence of damage or failed to take necessary measures.

④ The Company may request additional information about Members for the purpose of improving services and introducing services to Members, and the Members may accept or refuse this request.

 

Article 19 (Payments)

① The method of payment for service use may be made through the method pre-determined by the Company. Members who applied for the use of paid services shall faithfully pay the fee in accordance with the methods set by the Company.

② When using payment services provided by the external Platform, etc. in principle, the imposition and payment of the purchase price for the content shall be governed by the policy or method set forth by the platform operator, etc. The limits for each payment method may be adjusted in accordance with the policy set forth by the Company or platform operator or government’s policy.

③ In the case if paying the purchase price of the content in foreign currency, the actual amount charged may be different from the priced indicated in the store of the service due to exchange rates, fees, etc.

 

Article 20 (Withdrawal of Subscription and Refund of Purchase Amount)

The provisions of this clause and the member's right to withdraw their subscription shall apply exceptionally are applied only when the Member’s place of residence falls in following countries:

1. The Republic of Korea

2. Hong Kong SAR

3. Macao SAR

4. The Republic of China (Taiwan)

① If this provision applies, the Member may withdraw their subscription within a period of 7 days after the completion of the purchase, only for the content purchased directly for a fee and not used.

② Notwithstanding the preceding Paragraph, the Member may be restricted from withdrawing their subscription in the following cases, in which case the Company shall take measures as prescribed by relevant laws and regulations:

1. Content provided free of charge by the Company or a third party, such as gifts and events;

2. Content used immediately after purchase or applied directly to the service;

3. Content with additional benefits or content sold in bundles, where the additional benefits have already been used or partially used and cannot be recovered;

4. Opening of Content that can be regarded as the use thereof, or opening of Content of which effectiveness is determined upon opening; or

5. Paid Content such as Items lost or damaged due to reasons attributable to the Member.

③ In case of Content that cannot be withdrawn in accordance with the Subparagraph of Paragraph 2, the Company shall clearly indicate such in a place where Members can easily see, and in case that the Company provides a trial product for the content (temporary use permitted, provision for experience) or it is difficult to provide such product, the Company shall take measures to ensure that the exercise of the Member’s right to withdraw subscription is not hindered by providing information about the content. In the event that the Company fails to take these measures, the Member may withdraw the subscription despite the reasons for the restriction on subscription withdrawal in the Subparagraphs of Paragraph 2.

④ Notwithstanding Paragraphs 1 and 2, if the paid content purchased is different from the content of the display/advertisement or the content of the purchase agreement, Members may withdraw their subscription within 3 months from the date when the content was made available, or within 30 days from the date they knew or could have known the fact.

⑤ In the event of a subscription withdrawal made in accordance with the provisions of Paragraphs 1 through 4, the Company shall retrieve the Member’s paid content without delay and initiate the procedures necessary for the subscription withdrawal, such as requesting the third-party platform that provides payment services (hereinafter referred to as the “Third-party Platform”) to cancel the payment of the paid service within 3 business days.

⑥ If a Member withdraws their subscription, the Company may check their purchase history through a third-party platform. In addition, the Company may contact the Member through the information provided by the Member to confirm the legitimate cause for their withdrawal, and may request additional proof.

⑦ In refunding the above payment, the Company shall request the business operator who provided the payment method to suspend or cancel the payment without delay if the Member paid the payment by credit card or other payment method prescribed by the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce, etc. However, if the Company has already received payment from the payment provider, it shall refund the payment to the payment provider and notify the consumer of this. If the Member purchases a paid service on a “third-party platform” using a credit card or other payment method prescribed by the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce, etc., the procedure in this Paragraph may be carried out through the third-party platform.

 

Article 21 (Cancellation of Agreement by Legal Representatives of Minors)

① In the event that a minor makes a payment without the consent of their legal representative, the minor themselves or his/her legal representative may cancel such payment. However, if the minor’s payment for paid services is within the scope permitted by the legal representative, or it is caused by the minor’s fraud, cancellations may be restricted.

② Whether the party to the paid content purchase agreement is a minor shall be determined based on the Device in which the payment was made, information on the person executing the payment, and the holder of the payment method, and the Company may request submission of documents proving that the user is a minor and legal representative in order to confirm that the cancellation is legitimate.

③ In case of requesting a refund, the Company may ask the Member to submit a separate document for identification after checking the purchase details, and Members must submit the requested documents to the company by fax, etc. In such cases, the refund shall be based on the account of the Device holder. However, in the event that the legal representative requests a refund on behalf of the Member for the reason that the Member is a minor who has difficulty verifying the identity or account of the holder, additional proof documents may be requested, and once the legal representative is confirmed, a refund can be made by replacing it with the legal representative’s account.

④ The Company shall make its best efforts to complete the refund as soon as possible from the date of receiving the documents set forth in the preceding Paragraph from the Member.

 

Article 22 (Refund of Erroneous Payment)

① In the event a payment error occurs due to the Company’s intention or fault, the payment shall be refunded to the Member. However, in the event that a payment error is caused by a willful act of, or due to reasons attributable to, the Member, the cost incurred by the Company to refund the payment shall be borne by the Member within a reasonable extent.

② Refund of overpayments in accordance with Paragraph 1 shall be made in according to the operating system of the Device used by the Member, and shall be carried out in accordance with the refund policy of each platform operator or Company. However, in the case of the Apple App Store, the Member must apply for a refund directly to the Apple App Store.

③ Communication fees (call charges, data fees, etc.) incurred by downloading Applications or using network services may be excluded from refunds.

④ Content obtained free of charge while using the service without paying by the Member, or provided free of charge by the Company through internal or external partnership events, etc., is not eligible for refund.

⑤ The Company may contact a Member through the information provided by the Member in order to process the refund of the erroneous payment, and may request the provision of necessary information. The Company shall issue refunds within 3 business days from the date of receipt of the information necessary for refund from the Member.

 

Article 23 (Termination of Agreement)

① In the event that a Member does not wish to use the service at any time, he/she may terminate the usage agreement by withdrawing their Membership. Membership withdrawal can be carried out through the in-game withdrawal procedures and the Customer Center. Deletion of the Application or termination of linkage with partner services is not recognized as termination of the usage agreement.

② If a Member applies for withdrawal of Membership, the Company may verify whether the Member is the Member, and if the Member is identified as that Member, measures shall be taken in accordance with the Member’s application. Regarding the processing of personal information upon Termination of Membership, the Company’s personal information processing policy shall be followed.

③ When Termination of Membership is completed, all game use information held by the Member within the Service shall be deleted beyond recovery, and the Member will not be able to sign up as a Member within 1 month after the withdrawal.

④ The Company may notify a Member and terminate the usage agreement if the Member falls under any of the following Subparagraphs:

1. Where the entire personal information entered at the time of Application for use is false or the personal information of another person is stolen;

2. Where the Member steals other people’s payment information, etc. or makes transactions through fraudulent acts;

3. Where the Member uses programs not permitted by the Company, uses bugs in the system, hacks, or inflicts damage to other systems; or

4. Where the Member violates any item of Article 13 (1) of these Terms and Conditions or is suspended or restricted from using the service more than once by the Company.

⑤ In the event that the Company terminates or suspends the usage agreement in accordance with the provisions of the preceding Paragraph, the Member shall not use the service and Content, and shall not receive a refund of the content purchase amount, data call fee, monthly service fee, etc. that have already been paid.

⑥ In case of a serious cause that the Member cannot maintain this agreement, such as an act prohibited by these Terms and Conditions and various policies, the Company may prescribe a period of time to suspend service use or terminate the usage agreement, and if a large amount of abuse, hacking, or use of illegal programs is repeatedly confirmed in a specific IP band, service use in the corresponding IP band may be suspended.

 

Article 24 (Compensation for Damages)

① In the event that the Company suffers damage due to a Member’s violation of these Terms and Conditions, the Member is responsible for compensating for the damages, unless there is no intention or negligence.

② In the event that the Company is subject to a claim for damages, lawsuit or objection from a third party who is not a Member for a tortious act or a violation of these Terms and Conditions committed by a Member in using the service, the Member shall indemnify the Company at his/her own responsibility and expense, and if the Company is not indemnified, the Member shall be responsible for compensating for the damages caused to the Company. However, the Company shall be responsible for the part attributable to the Company.

③ In providing individual services to members in partnership with the individual service provider, if damage is inflicted due to reasons attributable to the individual service provider after the Member agrees to the individual service terms and conditions, the individual service providers shall be liable for any related damages.

④ In the event that the paid Content purchased by a Member from the Company is lost due to reasons attributable to the Company, the Company shall restore it to the state before the loss, and if it is impossible or difficult to restore it, it shall provide paid content of the same kind and with similar value. However, if it is impossible or difficult to provide paid Content of the same kind and with similar value, the Company shall refund the purchase price of paid Content previously paid by the Member.

 

Article 25 (Indemnification)

① The Company shall not be liable for any damages incurred in connection with a Member’s deletion of the service provided for free or the content or Account Information provided by the Company, except for damages caused by the Company’s willful intention or gross negligence.

② The Company shall not be responsible for the provision of the Service if it is unable to provide the Service due to technical defects that cannot be resolved with current technology or other force majeure event such as natural disasters, emergencies, exhibitions, etc.

③ The Company shall not be liable for damages to the Member due to the telecommunication carrier stopping or not providing the network service normally, or, damage occurs because the Member cannot use all or part of the content due to a change in the Device itself, number or operating system (OS) version, overseas roaming, or change in telecommunications carrier, unless the damage is caused by willful act or gross negligence of the Company.

④ In the event that the provision of services, etc. is suspended or a failure occurs due to unavoidable reasons such as maintenance, replacement, regular inspection, construction, etc. of facilities notified in advance, the Company is not liable unless it was caused by the willful act or gross negligence of the Company.

⑤ Some of the services provided by the Company may be provided through other business operators, and the Company shall not be liable for damages caused by services provided by other operators unless there is willful act or gross negligence.

⑥ The Company shall not be responsible for the suspension of the Service or disability of use of the service due to reasons attributable to the Member, or termination of the agreement, unless the Member has unavoidable or legitimate reasons.

⑦ The Company shall not be liable for any damages in use of services, etc., or unauthorized payments by third parties, etc., caused by Member’s negligence in managing passwords or authentication methods or not paying enough attention to prevent theft, forgery, or falsification, unless the damage is caused by willful act or gross negligence of the Company.

⑧ The company shall not be responsible for any problems such as installation of malicious programs caused by the user’s Device environment and Device settings, and the resulting damage, or for problems arising from the network environment that are not attributable to the Company.

⑨ The services provided by the Company may have various results depending on the individual actions of the Members, and the Company shall not be responsible for any loss or failure to obtain the results expected by the Member. Furthermore, the Company shall not be liable for damages caused by the Member’s choices, etc., unless there is a willful act or gross negligence of the Company.

⑩ The company shall not be responsible for any problems caused by reasons attributable to the Member, such as access to a site impersonating the Company’s service or access to a network service with altered APK, etc.

⑪ The company shall not be responsible for the reliability, accuracy, etc. of information, data, facts posted or transmitted by Members or third parties within the service or on the Website, unless there is a willful act or gross negligence of the Company.

⑫ The Company has no obligation to intervene in disputes between Members or between Members and third parties arising out of the Service, and is not responsible for any damages arising therefrom.

⑬ The Company shall not be responsible for any problems caused by reasons attributable to the Member, such as damage caused by a Member’s Device error or by incorrectly entering or not entering personal information or e-mail address.

⑭ Guest accounts held by Temporary Members may be deleted due to external factors unrelated to the Company’s services, such as Platform Device and network service errors. In such cases, the Company shall not be responsible for recovery and compensation unless the company has intentionally or grossly negligent.

⑮ The Company may limit service hours, etc. to Members in accordance with relevant laws and government policies, and the Company is not liable for any loss arising due to these restrictions.

 

Article 26 (Notice to Members)

① If necessary, the Company may notify the Member by e-mail address, e-note, in-service message, text message (SMS/LMS), etc.

② If a notification is made to all members the notification under the preceding paragraph may be substituted by posting in the service for more than 7 days or presenting a pop-up screen, etc.

 

Article 27 (Other Rules)

Matters not stipulated in these Terms and Conditions and interpretations of these Terms and Conditions shall be governed by the relevant laws and regulations, Operational Policies and customary practices set by the Company.

 

Article 28 (Separability)

If any part of these Terms is determined to be invalid or unenforceable by applicable law or a court of competent jurisdiction in the Member’s place of residence, such parts shall be construed in accordance with applicable law to most closely reflect the Company’s original intent, and the remainder of these Terms shall remain valid and enforceable.

 

Article 29 (Jurisdiction and Governing Laws)

① This Terms and conditions shall be governed and interpreted in accordance with the laws set forth in the following subparagraphs depending on the Member’s place of residence. Additionally, this Terms and  Conditions  shall expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods(the “CISG”), irrespective of the Member’s place of residence.

1. If the Member’s place of residence is in the Republic of Korea or any other region not falling within the purview of the subparagraphs stipulated herein:  Laws of the Republic of Korea

2. If the Member’s place of residence is in Japan:  Laws of Japan


② Disputes arising between the Company and Members in relation to service use shall be settled amicably by agreement between the parties.

③ If a dispute outlined in Paragraph 2 is not resolved amicably and results in litigation, the jurisdiction of the competent court shall be as forth in the followings:

1. If the Member’s place of residence is in the Republic of Korea: Courts specified the laws of the Republic of Korea

2. If the Member’s place of residence is in Japan: the Tokyo District Court

3. If the Member’s place of residence is in any other region that does not fall under any of the above items: Seoul Western District Court in the Republic of Korea


 

Addendum 1

These Terms and Conditions shall be effective as of Aprill 25, 2024 (KST)


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