Terms & Conditions of Service
Article 1 (Purpose)
The purpose of these Terms & Conditions("Terms of Service") is to specify the rights and obligations, responsibilities between Clover Games Corp.("Company") and Members and to set forth other necessary details in connection with any and all game services provided by Company via mobile devices and ancillary networks, websites and other services (collectively, "Services")
Article 2 (Definition)
(1) Terms used in these Terms of Service have the meanings set forth below:
- "Company" means the business operator that provides Services.
- "Member" mean the person who enters into the service agreement in accordance with these Terms of Service and uses the Services provided by Company.
- "Temporary Member" means the member who uses the Services without synchronization or authentication of account information with external accounts or uses the Services through guest log-in mode.
- "Mobile Device" means the device, including, without limitation, smart phones, PDA(Personal Digital Assistant), tablet, which enable download or installation of Contents through networks.
- "Account Information" refers collectively to the information provided by user to Company for the purpose of use of Services, the information related to the use of games(data of game characters, items, levels, etc.), and the information related to payment for the Service, etc.
- "Contents" means any and all contents(including but not limited to the game and network services, applications, game money, and game items) available at a cost or free of charge, which Company creates in digital format with respect to provision of Service that can be used on mobile devices.
- "Payment" means the act of making payment through any payment company approved by Company, so that the Contents can be purchased or used by Members within Services.
- "Open Market" means the e-commerce environment established for installation of applications and payment via mobile devices.
- "Online Payment Company" means any company that provides the means of electronic payment such as credit cards, mobile payment, which can be used in open markets.
- "Application" means any and all programs downloaded onto or installed on mobile devices to use the Service provided by Company.
- "Game Service" refers to a type of Service provided by Company, which means any games that Members run on their mobile devices or any Service auxiliary to such games.
(2) Any terms used in these Terms of Service have the meanings assigned to them in related laws and regulations other policies in the Service unless such terms are defined in Paragraph 1 of this Article.
(3) All title of laws and regulations under this Terms of Service indicates the laws and regulations of Republic of Korea.
Article 3 (Effectiveness and Revision of the Terms of Service)
(1) Company discloses there Terms of Service on the initial page(hereinafter, including the linked screen) which the Members view for the first time in using Service.
(2) In the event that Company revises these Terms of Service, Company will notify the Members by posting a notice within Game Service or on its linked page, specifying the date of effectiveness, details of revision, reason of revision, etc., from at least seven(7) days before the revision comes into effect. If the revision is disadvantageous to any Member or is concerned with material change, the Company will make announcement as specified above and provide notice to the Member pursuant to Paragraph 1, Article 28 until the date thirty (30) days before the revision become effective. In such a case, Company will provide clear comparison between pre-revision details and post-revision details to increase understanding of Member.
(3) In the event that Company revises these Terms of Service, Company will confirm whether the Member give their consent to the revised Terms of Service after announcement is made on the revised Terms of Service. Company will also make a public announcement or provide a notice as specified in the foregoing Paragraph 2, accompanied by that it may be deemed that the Member has agreed to the revised Terms of Service if the Member does not express their acceptance or rejection thereof before the date of effectiveness of these Terms of Service. If a Member disagrees to the revised Terms of Service, then Company or the Member may terminate the contract for the Service.
Article 4 (Execution and Application of the Contract for the Service)
(1) The contract for the Service is executed when any person intending to be a Member(hereinafter referred to as "Membership Applicant") agrees to these Terms of Service and signs up as a Member to use the Service and Company accepts such application for use of Service.
(2) In principle, Company accepts the application for use of Service by Membership Applicant. However, Company may reject the application in any of the following cases:
- If the Member falsified any information required by Company for use of Service, provided any false information upon the request of Company for personal information necessary for provision of Service, or is not a person qualified to sign up for Service, for example, any person under certain age
- If application for use of Service is submitted through abnormal or indirect methods in any country where Company does not provide Service or has not decided to provide Service
- If application for use of Service is intended for engaging in any behaviors prohibited by current laws including, without limitation, the Game Industry Promotion Act
- If application for use of services is intended for causing disruption to the security, order or public customs and morals of the society or impeding the interest of Company
- If application for use of Service is submitted for the purpose of causing damage, whether it is tangible or intangible, to Company and other Member, including but not limited to the purpose of slandering other Member who use the Service provided by Company
- If application for use of Service is intended for pursuing commercial profits
- If application for use of Service is submitted through any mobile devices, programs, etc., of which use is restricted by Company
If the Membership Applicant meets the conditions related to the residence and age specified below:
A. If the Membership Applicant resides in EU member state of Europe and corresponds to the age of child (under 16-years-old) specified by EU-GDPR(European Union General Data Protection Regulation)
B. If the Membership applicant resides in the United States and corresponds to the age of child(under 13-years-old) specified by COPPA(Children's Online Privacy Protection Act)
If the Company consider that approval of the application is not appropriate for the reasons similar to the above.
(3) Company may withhold its approval until concerned circumstances cease to exist in any of the following circumstances:
- If Company does not have any capacity of facilities for providing Service or has difficulty in providing Service for specific mobile devices or faces any technical problem
- If there is any technical disruption which impedes Service, payment related to the Service, etc.
- If there is other circumstances, similar to the aforesaid circumstances, which make it difficult to approve the application for Service for the Company.
(4) Once a Member completes entering the information required in the procedure for acceptance of the Terms of Service or necessary for use of Service, Company will allow Member to use the services immediately, unless Company finds any reason for withholding its approval or rejecting the application for use of Service. However, if the application is found to have been in any circumstance listed in Paragraph 2 above, Company may restrict the use of the Service pursuant to these Terms of Service or terminate contract for the Service.
Article 5 (Mutatis Mutandis Application of Laws Other than the Terms of Service)
Matters not specified in these Terms of Service should be in accordance with related laws including but not limited to the "Act on the Consumer Protection in the Electronic Commerce Transaction, Etc.", "Act on the Regulation of Terms of Service", "Game Industry Promotion Act", "Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.", and "Contents Industry Promotion Act".
Article 6 (Operation Policy)
(1) Company may establish the operation policy (hereinafter referred to as "Operation Policy") for the matters necessary for application of these Terms of Service and the matters delegated within the extent specified by these Terms of Service.
(2) Company displays the details of the Operation Policy on the webpage, within Game Service, or on the linked page for Member.
(3) In the event that the Operation Policy is revised, the revision is made in accordance with the procedures for revision of the Terms of Service as prescribed in Article 3. However, public announcement will be made in advance pursuant to the Paragraph 2 above if the revised details correspond to any of the following cases:
- In the event of revision, regarding the matters delegated within the extent specified in the Terms of Service
- In the event of revision to the matters unrelated to any rights and obligations of Member
- If details of revision is not fundamentally different from the Terms of Service, and the revision made to the Operation Policy can be predicted by Member
Article 7 (Protection and Use of Personal Information)
(2) Company is not responsible for any damages caused due to the leakage of personal information, account information, etc., of Member with the fault of Member.
Article 8 (Obligations of Company)
(1) Company endeavors to provide Service in a constant and stable manner.
Article 9 (Obligations of Members)
(1) Member shall comply with overall provisions set forth in these Terms of Service, Operation Policy, and other regulations specified by Company, requirements announced by Company, and related laws and regulation including but not limited to the Juvenile Protection Act of Korea in the course of use of the Service.
(2) Member shall not be involved in any of the behaviors corresponding to any of the followings in the use of services provided by Company.
- Falsification of facts at the application for use of Service or at the revision of membership information; or, use of other person's personal information
- The act of acquiring, using, buying, selling, donating, and transferring any game information (ID, character, item, game money, etc.) or any attempt to do so through any services not provided by Company or through abnormal methods
- The act of posting any writings or sending any mails under the name of any employee or operator of Company or under any name stolen from others; or falsifying the relationship with other persons by pretending to be other persons
- The act of buying the Contents by using the credit cards, wired/wireless phones, bank accounts, etc., stolen from other persons; the act of fraudulently using the IDs and passwords of other Member
- The act of collecting, storing, displaying or distributing the personal information of other Member without authorization
- The act of using the services in an undesirable way, like engaging in inducing speculative behavior such as gambling, exchanging or displaying obscene and vulgar information or creating links to obscene sites, or transmitting or disseminating any words, sounds, pictures, photos or images, which evoke feelings of humiliation, aversion, or fear
- The act of using the Service for any purposes other than those originally intended, such as profit-seeking behaviors, sales, advertising, promotion, political activities, election campaigns, etc., without authorization
- The act of copying, replicating, disseminating the information obtained by using the Service provided by Company, or the act of encouraging such behaviors or using such information for commercial purposes, or the act of using the Service by abusing any known or unknown bugs
- The act of making unfair profits by deceiving others; the act of causing damage to others in connection with the use of services provided by Company
- The act of causing damage to intellectual property rights or portrait rights of Company or other persons; the act of causing damage to reputation of others or causing damage to others
- The act of transmitting or displaying the information(including computer programs) prohibited by the laws; the act of intentionally transmitting, displaying, disseminating or using any viruses, computer codes, files, programs designed to cause interruption to or destroy computer software, hardware or electrical communication equipment
- The act of altering or modifying the applications without special rights granted by Company, or the act of making addition to or insertion into other programs, the act of hacking or reverse engineering or leaking and modifying any source codes or application data or building separate server or arbitrarily changing any part of website or plagiarizing or misappropriating any part thereof to make false representation as Company
- The act of using and disseminating the software, applications, etc., which are specified in Subparagraph 11 through 12 above, or the act of attempting to do so
- The act of requesting other persons to play games to boost the status of the Member by making payment of money or valuables
- The act of slandering or expressing hatred against or encouraging perpetration of violent actions against individuals or groups based on race, nationality, religion, gender, sexual orientation, age, etc.
- The act of displaying or disseminating false information
- The act of engaging in any behavior that contravenes related laws or good custom or social norm
(3) Member is responsible for managing their accounts and mobile devices, and shall not allow other persons to use their own accounts and mobile devices. Company will not be responsible to Member for any loss caused as a result of neglect in the management of their mobile devices or as a result of allowing another person to use their own devices.
(4) Member shall take and manage security measures, such as payment password functions, etc., in Open Market, to prevent fraudulent payment in respective Open Market. Company will not be responsible for any damage caused due to neglect of Member.
(5) Company may specify details of each items below, and the Member shall comply with it.
- Account name of Member, lord name, alliance name, guild name, and other names used in the game
- Details and methods of chatting
- Method for use of bulletins and Service
- Other matters necessary for operation of Service within the extent not causing any infringement upon the essential rights of Members in the use of Service
Article 10 (Provision of Service)
(1) Company should immediately provide Service to the member upon approval of the application for use of Service pursuant to Article 4. However, for part of the Service, Company may begin to provide the Service from any specific date designated as deemed necessary or according to the circumstances of Company.
(2) Company may provide other additional services, including the services specified by these Terms of Service, in the course of the provision of Service to Member.
(3) Company may restrict the use of part of Service considering related laws, age of member, Membership Application, service utilization procedure, etc., while providing Service to Member. In such a case, Company will provide prior notice on the details of the restriction.
Article 11 (Use of Services)
(1) Game Service will be provided for the time specified in accordance with the business policy of Company. Company will provide proper guidance through notice within Game Service or public announcement, informing the Member of the time that the Service is available. In principle, the Service will be provided in 24-hours-a-day basis, unless there is any separate indication or public announcement.
(2) Notwithstanding the provision set forth in the foregoing Paragraph 1, Company may suspend the Service in whole or in part if required by related laws or any of the following cases occurs. In such a case, Company will announce the reason and period of suspension via the initial page of game application or within Game Service. However, such announcement may be made later if there are any unavoidable circumstances that preclude prior announcement.
- If suspension is necessary for reasons of modification of game details, repair, inspection, expansion, replacement of facilities, including servers, such regular inspection of system, electronic infringements such as hacking attacks, communication incidents, abnormal use of game by users, unstable networks, or as deemed necessary for operation of system
- If Service cannot be provided normally due to power failure, interruption of facilities, crash due to heavy traffic, repair and inspection of facilities by key telecommunication service providers, etc.
- If any situations occur which are beyond control of Company, including, without limitation, war, insurrection, natural disaster or equivalent national emergencies
- Other circumstances that give reasonable justification to suspension of services
(3) Company provides Service by using the applications dedicated to mobile devices or using the networks. Member may use the Service free of charge or at a cost by downloading or installing the applications or by using the networks.
(4) Company may provide some contents at a cost (hereinafter referred to as "Charged Contents") among the Contents that it provides. The Charged contents can be used only by paying the charges specified for concerned services. For any download of applications or use of services via the networks, separate charges, specified by the mobile telecommunication service provider, may be imposed. In such a case, background tasks(update, etc.) may be carried out and additional charge may be imposed pursuant to the policy of mobile devices or mobile telecommunication service providers, and Company will not be responsible for any matters related thereto.
(5) The downloaded applications or the services using the networks are provided pursuant to the policy of mobile devices or mobile telecommunication service providers, and in case of change in mobile devices or telephone number or in the event of overseas roaming, the entirety of or part o of Game Service may become unavailable, and in such a case, Company will not be responsible.
(6) Additional charge may be imposed pursuant to the policy of mobile devices or mobile telecommunication service providers, and Company will not be responsible for any matters related thereto. Notwithstanding the provision set forth in the foregoing Paragraph 1, Service may not be provided if the provision of services is prohibited or restricted during specific time or through specific method pursuant to related laws, compliance regulations of proprietor groups, etc., and Company will not be responsible for any matters associated therewith.
Article 12 (Affiliated Services)
(1) Affiliated Service is a type of function allowing Member to use the Service provided by Company with other Member who use third party platforms (Facebook, etc.).
(2) Prior to the use of Affiliated Service, Member should agree to the provision and use of personal information for the third party platforms. If the Member disagrees, use of Service may be restricted.
(3) Affiliated Service is the service using the membership information of third party platforms affiliated with the Company. Therefore, Service may not be provided in a normal manner if the Member loses membership for third party platforms or withdrew the membership.
(4) If the installed application is removed, the account information of Member may be deleted. Therefore, check the account information before removing the applications.
Article 13 (Community Service)
(1) Community service means the services, such as the bulletins, provided by Company to promote free exchange of ideas and friendship among Member.
(2) Member may use the community service through synchronization of account of Affiliated Service or through other methods specified by Company.
(3) In cases where Member sign up for and use the community services, the information of Member may be disclosed to operation personnel for the purpose of providing undisrupted operation of services.
(4) In the event that the community services are provided in synchronization of account of Affiliated Service, the community services may not be provided in a normal manner if member loses membership of each affiliated service or withdrew membership.
(5) Company may include necessary provisions into Operation Policy or other policy for protecting the rights and interest of Member and for providing desirable community services, and the Member have obligation to comply with such policies. Company will disclose the details of the Operation Policy or the separate policy within the service or community services or provide the linked screen for perusal of Member.
Article 14 (Modification and Suspension of Services)
(1) Company may modify the Service as deemed necessary for operation or technical reasons in order to provide Service without disruption, and will announce concerned details within the Service prior to modification. Provided that, such details may be announced after the modification if the Service needs to be unavoidably modified due to debugging or correction of errors, etc., or urgent updates or that the modification is not a major modification.
(2) Company may suspend the services in whole if it is considered difficult to provide Service continuously for material reasons including but not limited to business shutdown arising from transfer, division, merger of business, expiration of game provision contract, or significant loss in revenue. In such a case, Company will make public announcement, specifying the date of suspension, reason of suspension, conditions for compensation, etc., on the initial page of Game Service or on the linked page thirty(30) days prior to the scheduled date of suspension, and provide notice thereupon to Member through the methods pursuant to Paragraph 1, Article 27.
(3) In the event of Paragraph 2 above, refund will be made pursuant to Paragraph 3 Article 24 for any unused contents or any Charged Contents with residual period beginning on the date of suspension prior to expiry of usage period specified separately.
Article 15 (Collection of Information)
(1) Company may store and keep details of chatting between Member (including the details of communication, such as messages and whispers between users within services). This information will be kept only by Company. Company may access this information only to the extent that it is necessary to mediate disputes between Member, handle complaints, and maintain the order of games. This information may be only accessible to any third party authorized by laws.
(2) In the event that Company or any third party accesses the information such as chatting details, etc., pursuant to Paragraph 1 above, Company will notify concerned Member in advance of the reason and scope of the access. However, the notice may be sent later, provided that such information needs to be accessed in connection with investigation, handling, and verification of behaviors prohibited as stipulated in Paragraph 2, Article 9 or any remedy for damage which arises from such prohibited behaviors.
(3) Company may make request to Member for additional information for the purposes including but not limited to those of improvement of services and introduction of services to Member. Members may accept or reject such request, and in the event that Company makes such a request, Company will inform the member may elect to reject.
Article 16 (Provision of Advertisement)
(1) Company may place advertisements within the Service in connection with operation of Service. Moreover, Company may transmit advertising information through, including but without limitation, email, text message (LMS/SMS), and push notification, to the Member who had agreed to receive advertisements. In such a case, Member may reject advertisements at any time and Company will not transmit any advertising information to Member who refuse to receive advertisements.
(2) Member may be linked to third party advertisements or services through the banners or links, etc., within the services provided by Company.
(3) In cases where Member are linked to any third party advertisements or services as specified in the foregoing Paragraph 2, such services provided to the Member will fall out of the scope of the services provided by Company, and therefore, Company will not guarantee the reliability and stability. Company will not be responsible for any damage caused to Member by such third party advertisement, except that Company facilitated such damage to arise by intent or by gross negligence or failure to take any action to prevent such damage.
Article 17 (Copyright)
(1) The copyrights and intellectual property rights to any and all Contents and works (including but not limited to patent rights and trade marks) within the Service, which have been created by Company, are property of Company. Members using the Service retain the right to use within the scope of Service provided by Company. In other words, Member are entitled to use the Service within the scope of each service provided by Company for certain period, and shall not use them through any methods other than those specified by Company.
(2) Member shall not use any information obtained by using the Service provided by Company, in which Company or other provider has intellectual property rights for such information, or allow other persons to use such information by means of replication, transfer, etc.(including, without limitation edition, public announcement, performance, distribution, broadcasting, and creation of secondary works; the same applies hereinafter) without prior consent of Company or the provider.
(3) Company allows the communications, images, sounds and any and all data and information, including the dialogue texts which are uploaded by Member in Service or transferred by Member (hereinafter referred to as "User Contents") in Service in connection with the Content (including the contents themselves such as characters, images, sound sources, etc., and related contents such as service-related information), to be used by Members through the methods and under the conditions specified below:
- Use, modification, edition, and other modifications of User Contents (in any forms including, without limitation, public announcement, replication, performance, transfer, distribution, broadcasting, secondary works creation; no restriction is imposed on the period of use and the regions)
- No sale, lease, rent, transfer of any User Contents shall be made for commercial purpose without prior consent by creator of the User Contents
(4) Company will not use any contents created by Member which is not related to the Service (writings and other postings in ordinary bulletins, etc., which are practically unrelated to the Contents of Game Service) without explicit consent of Member. Members may remove such contents at any time, and concerned Member have the rights to and responsibility for suck contents.
(5) Company may, without prior notice, remove and relocate any contents posted or registered by Member within the Service or reject such posting or registration if such contents are considered to fall into the prohibited behaviors specified in Paragraph 2, Article 9.
(6) In the event that any information posted on bulletin boards operated by Company infringes upon legal rights of any Member, the Member may make request to Company for removal of concerned information or for display of contents of rebuttal, and in such a case, Company will take necessary action pursuant to the laws and provide notice to the Member.
(7) This Article will remain in full effect during the operation of Service by Company and continue to be effective even after withdrawal of membership of the Member.
Article 18 (Use of Contents)
(1) Contents purchased by a Member within the service (hereinafter "Charged Content") belongs to the Member's account and can be used on the mobile device logged in with the account. However, Temporary Member can only use the device that has downloaded or installed the application.
(2) If the period of use of the Contents provided by the purchase of Charged Contents is specified separately at the time of purchase, the period of use of the Contents shall last until the specified period. However, if the Service is discontinued pursuant to Paragraph 2, Article 14, the period of use of the Contents without a fixed period shall last until the period announced by the Company at the time of the service discontinuation notice.
(3) Contents purchased by the Member are classified into paid/free attributes according to the method of acquisition, and if some of the Contents contains both attributes are used, paid attributes shall be deducted first, and then free attributes are deducted. If the Contents contains paid attributes only, the order of deduction shall be based on a first-in-first-out method (deduction in the order of acquisition). However, deduction order may vary depending on the circumstances of the game, in this case, the Company will notify the deduction order within the Game Service or website, etc.
- Supplier: Clover Games Corp.
- Usage rating: Depends on the usage rating separately displayed for each product (displayed in the sales screen or game operation page)
- Payment amount: Depends on the separately announced payment amount for each product
- Product supply method: Provided within game
- Minimum system specifications, OS: Depends on the minimum specifications separately notified for each Content
- Required software: Depends on the minimum specifications separately notified for each Content
- Cancellation, termination refund, etc.: Depends on the provisions of Articles 22 to 24 of these Terms of Service
- Consultation method: In-game customer center (1:1 inquiry)
(5) If Member does not begin to use the Contents or Charged Contents within 1 year from its acquisition or purchase, such Contents or Charged Contents may be eliminated and Company will not be responsible for such elimination due to the non-beginning of use.
(6) Other matters regarding cancellation, termination, refunds, restrictions on the use of Contents, etc., are subject to the other provisions of this Terms of Service.
Article 19 (Restriction on Service Use)
(1) Members shall not engage in any act that violates other member's obligations pursuant to Article 9. In the case of such conduct, the Company may restrict the use of the Service, delete related information (text, photo, video, etc.) and take other measures according to the following:
- Restriction of part of rights: Restrict certain rights such as chat restrictions for a certain period of time and game information initialization
- Restriction on the use of character: Restrict the use of characters for a certain period of time or permanently
- Restriction on the use of account: Restrict the use of accounts for a certain period or permanently
- Restrictions on member: Restrict the members' use of Game Services for a certain period or permanently
(2) If the restriction of use in Paragraph 1 is justifiable, the Company does not take measures such as indemnifying the Member for damages caused by the restriction or refunding Charged Contents.
(3) The Company may suspend the use of account until the investigation on the following issues is completed:
- When there is a legitimate report that the account has been hacked or stolen
- When the user of the account is suspected to be an illegal program user, workplace, etc.
- Other cases similar to the above, where provisional measures for service use are necessary
(4) After the investigation in Paragraph 3 is completed, the Company may extend the Member's usage hour of the Charged Contents by the amount of time suspended or compensate the Member with the Contents corresponding to it. Provide, however this is not the case if it is confirmed that the Member falls under each of the items of Paragraph 3.
Article 20 (Reasons and Procedures for Restriction on Use of Service and Objection)
(1) The Company may establish operation policy that includes the specific reasons and procedures for the restriction of use pursuant to Paragraph 1, Article 19, considering various circumstances such as the content, degree, frequency, and consequences of violations.
(2) When the Company takes measures to restrict use of Service pursuant to Paragraph 1, Article 19, the following items shall be notified to the Member in advance and announced in the Service. However, there is unavoidable reason, it may be notified afterwards.
- Reasons for restriction of use
- Types and period of restriction
- How to file an objection to the restriction of use
(3) When a Member wishes to object to the Company's decision of restriction on use of Service, he or she must submit an objection form stating the reason for objection to the Company's restriction on use of Service within 15 days from the date of notification in writing or electronically.
(4) The Company shall respond in writing or electronically to the reason for objection of the Member within 15 days from the date of receipt of the objection pursuant to Paragraph 3 and shall take appropriate measure. Provided however, if it is difficult to answer within 15 days, the Company may notify the Member of the reason of delay and processing schedule.
(5) If the reason for the Member's objection is valid, the Company shall take measures accordingly.
Article 21 (Payment Method)
The payment method or purchase procedure for the Contents shall be subject to the policy or method set by the mobile communication company or Open Market operator used by the Member.
Article 22 (Cancellation)
(1) When a minor enters into a purchase agreement on a mobile device, the Company notifies the minor that the agreement can be cancelled by minor or his/her legal representative without the consent of the legal representative and the minor or legal representative can cancel the agreement with the Company. However, if a minor purchases the Contents with the property that the legal representative allowed the disposition, or if the minor made the Company believe that he/she is an adult or that he/she received the consent of the legal representative, the minor cannot cancel the agreement.
(2) Whether a party of purchase agreement is a minor shall be determined based on the mobile device in which the payment is made, information on the payment entity, and the name of the holder of payment method. In addition, the company may request the submission of documents to confirm whether it is a legitimate cancellation.
(3) Except for the cases under Paragraph (1) and (2) of this Article 22 and Article 23, any purchase made for the Contents in the Service cannot be cancelled or refunded in any circumstance. All purchase and redemptions of Contents or other service made through the Service are final and non-refundable.
Article 23 (Refund of Overpayment)
(1) If the Company receives more money than the amount a Member decided to pay (hereinafter referred to as "Overpayment"), the Company shall return the Overpayment to the Member. However, if such Overpayment is caused by the Member and without the intention or negligence of the Company, the cost occurred in refund process shall be borne by the Member, to the extent such cost is reasonable.
(2) When a Member pays through the Open Market, the Member shall follow the payment method provided by the Open Market operator. In this case, the Member shall request the Open Market operator to refund the Overpayment. However, if it is possible for the Company to substitute or support the refund procedure according to the policy and system of the Open Market operator, the Company may support the refund or refund substitute for Open Market operator.
(3) Communication charges (call charges, data call charges, etc.) incurred by downloading applications or using network services may be excluded from the refund amount.
(4) The Company may contact the member using the information provided by the Member to process the refund of Overpayment and can request the Member to provide necessary information for the refund. The Company will refund within (3) three business days from the date of receiving the necessary information from the member.
Article 24 (Termination of Contract)
(1) Member can apply for membership withdrawal at any time using the menu within the Service. The Member's game information (score, character, item, game money, etc.) shall be maintained for (7) seven days from the date of membership withdrawal, and after 7 days, all information is deleted and cannot be restored. Deletion of the application or termination of linkage to Affiliated Services is not recognized as membership withdrawal.
(2) In the event that there is a significant reason that the Member cannot be a party of this Terms of Service, such as committing an act prohibited by these Terms of Service and related operating policy, the Company may suspend Service use of the Member for a certain period of time or terminate the Terms of Service with prior notice.
(3) Any Charged Contents Member holds at the membership withdrawal or termination of use of Service will not be refunded or compensated. Member cannot be refunded or compensated for any Charged Contents or purchased services when the account of Member is closed, whether such closure was voluntary or involuntary.
(4) In order to protect the personal information of Members who have not used the Company's Services for one year in succession from the date of use of the latest service (hereinafter referred to as "Dormant Account"), the Company may terminate the contract and take necessary measures such as destruction of personal information of Members. In this case, the Company shall notify Members at least (30) thirty days before taking measures such as termination of the contract and destruction of personal information.
Article 25 (Indemnity)
(1) If the Company or Member(hereinafter referred to as "Indemnifying Party") inflicts damage to the other party(hereinafter referred to as "Indemnified Party") by violating these Terms of Service, the Indemnifying Party shall indemnify and hold Indemnified Party harmless from such damage. Provided however, the Indemnifying Party shall only be liable for its own negligence and willful misconduct.
(2) The Company may enter into partnership agreement with an individual service provider and provide individual services to Members. If the Member suffer damage due to the reasons attributable to such individual service provider in the process of using the individual service after the Member agrees to terms and conditions of individual service, the individual service provider shall solely be liable for such damage.
Article 26 (Limitation of Indemnification of the Company)
(1) Company shall not be held liable for damages caused due to the force majeure event such as natural disasters, technical problems that cannot be solved with current technology etc.
(2) The Company shall not be held liable for damages caused by maintenance, replacement, regular inspection, construction, etc. of service facilities, or damages caused by the telecommunications service provider's suspension or failure to provide telecommunication services. Provided that, this is not the case if such damage is caused by Company's negligence and willful misconduct.
(3) The Company shall not be held liable for any failure due to a Member's mobile device error, a problem caused by the Member incorrectly filling in information or not reflecting any changes of information, or other unavailability of the Service caused by the Member's negligence and willful misconduct.
(4) The company shall not be held liable for the reliability and accuracy of information or data posted by the Member in connection with the Service unless it is caused by Company's gross negligence and willful misconduct.
(5) The Company is not obligated to intervene in transactions or disputes between Members or Member and third party arising from the Service, and the Company shall not be held liable for any damages caused by such transactions or disputes.
(6) The company shall not be held liable for any failure or loss of the Member's expected profits by using the Service.
(7) The company shall not be held liable for the loss of Member's game information (experience, rating, items, free game money, etc.) unless it is caused by the Company's negligence and willful misconduct.
(8) Members shall not be held liable for unintended payments caused by not properly managing the password setting function of the mobile device or the password setting function provided by the Open Market.
(9) The Company shall not be held liable for the unavailability of all or part of the Service due to change of mobile device, change of mobile phone number, upgrade and change of operating system (OS), roaming abroad, change of telecommunication company, etc.
(10) If a Member deletes the Contents or account information provided by the Company, the Company shall not be held liable for it.
(11) The Company shall not be held liable for any damages arising from the Temporary Member's use of the Service or the deletion of the Temporary Member's account information pursuant to these Terms of Service unless caused by the Company's negligence and willful misconduct.
Article 27 (Notice to Members)
(1) The Company may notify the Member, through Member's e-mail address, e-memo, service message, LMS/SMS, etc.
(2) If the Company notifies all Members, the Company may replace the notice of Paragraph 1 by posting or presenting a pop-up screen on the Company homepage, Service homepage, Game Service.
Article 28 (Governing Law & Jurisdiction)
These Terms of Service are governed by and construed in accordance with the laws of the Republic of Korea ("Korea") and any and all laws and regulations to be applied to and referred by these Terms and Services shall be laws and regulations of Korea. Any dispute, arising between the Company and Members shall be brought before the Seoul Central District Court in Korea as the exclusive jurisdiction court of first instance.
Article 29 (Dispute Resolution Procedure)
(1) In consideration of the Member's convenience, the Company shall inform the procedure of how to present the Member's opinion or complaint in the Game Service or on its connection screen. The Company operates dedicated personnel to handle the opinions and complaints of Members.
(2) If the opinions or complaints raised by the Members are objectively recognized as legitimate, the Company shall promptly deal with them within a reasonable period. Provided, if the processing takes a long time, the reason for the long period and the processing schedule shall be notified to the Member in the Game Service or in accordance with Article 27.
(3) If a dispute arises between the Company and a Member and a third dispute mediation agency mediates it, the Company shall faithfully prove the matters taken to the Member, such as restriction of use, and may comply with the mediation agency's mediation.
These Terms & Conditions take effect from January 1st, 2020.