This English translation is provided for convenience only. In the event of any discrepancy between the Korean original and this translation, the Korean version shall prevail.
Chapter 1 General Provisions
Article 1 (Purpose)
These Terms and Conditions (the “Terms”) set forth the rights, obligations and responsibilities of NITROS (the “Company”) and users of the service, and other necessary matters, regarding the use of the game services provided by the Company through mobile devices and the network, website and other services incidental thereto (collectively, the “Service”).
Article 2 (Definitions)
① The terms used in these Terms are defined as follows.
1. “Company” means a business operator that provides the Service through mobile devices.
2. “Member” means a person who enters into a service agreement under these Terms and uses the Service provided by the Company.
3. “Temporary Member” means a person who provides only part of the required information and uses only part of the Service provided by the Company.
4. “Mobile Device” means a device on which content can be downloaded or installed and used, such as a mobile phone, smartphone, personal digital assistant (PDA) or tablet.
5. “Account Information” collectively means the information a Member has provided to the Company, such as the Member’s member number, external account information, device information, nickname, profile picture and friend list, together with game usage information (character information, items, levels, etc.) and payment information for service fees.
6. “Content” means all paid or free materials produced digitally by the Company in connection with the provision of the Service so that they can be used on Mobile Devices (games and network services, applications, game money, game items, etc.).
7. “Open Market” means an e-commerce environment established so that game content can be installed and paid for on Mobile Devices.
8. “Application” means any program downloaded or installed and used through a Mobile Device in order to use the Service provided by the Company.
9. “Game Service” means, as one of the services provided by the Company, the game that a Member runs on a Mobile Device and the services incidental thereto.
② Except as defined in Paragraph 1 of this Article, the definitions of terms used in these Terms shall be governed by relevant laws and the policies for each service, and matters not provided for therein shall follow general commercial practice.
Article 3 (Provision of Company Information, etc.)
The Company shall display the following matters within the Game Service so that Members can easily identify them. However, the Privacy Policy and these Terms may be made available to Members through a linked screen.
1. Trade name and name of the representative
2. Address of the place of business (including the address where Member complaints can be handled)
3. Telephone number and e-mail address
4. Business registration number
5. Mail-order business report number
6. Privacy Policy
7. Terms of Service
Article 4 (Effect and Amendment of the Terms)
① The Company shall post the contents of these Terms within the Game Service or on a linked screen so that Members can be aware of them. In doing so, important contents of these Terms, such as suspension of the Service, withdrawal of subscription, refunds, cancellation or termination of the agreement and the Company’s exemption from liability, shall be clearly indicated in bold type, color, symbols or the like, or presented through a separate linked screen so that Members can easily recognize them.
② When the Company amends these Terms, it shall notify Members by posting the effective date, the amended contents and the reason for the amendment within the Game Service or on a linked screen from at least seven (7) days before the effective date. However, if the amendment is unfavorable to Members or constitutes a change to a material matter, the Company shall give notice in the same manner from at least thirty (30) days before the effective date and shall also notify Members by the method set forth in Article 27, Paragraph 1. In such case, the contents before and after the amendment shall be clearly compared and displayed so that Members can easily understand them.
③ When the Company amends these Terms, it shall confirm whether Members consent to the application of the amended Terms after giving notice of them. When giving the notice or notification under Paragraph 2, the Company shall also state that a Member who does not express consent or refusal regarding the amended Terms may be deemed to have consented, and a Member who does not express refusal by the effective date of the amended Terms may be deemed to have consented to them. If a Member does not agree to the amended Terms, either the Company or the Member may terminate the service agreement.
④ The Company shall take measures so that Members can ask questions and receive answers from the Company regarding the contents of these Terms.
⑤ The Company may amend these Terms to the extent that doing so does not violate relevant laws, including the Act on the Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Game Industry Promotion Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and the Content Industry Promotion Act.
Article 5 (Conclusion and Application of the Service Agreement)
① The service agreement is concluded when a person who wishes to become a Member (an “Applicant”) agrees to the contents of these Terms and applies to use the Service, and the Company accepts the application.
② In principle, the Company shall accept an Applicant’s application. However, the Company may refuse to accept an application that falls under any of the following.
1. Where the Applicant has entered false information in the application or does not satisfy the application requirements
2. Where the Applicant uses the Service through abnormal or circumventing means in a country where the Company does not provide the Service
3. Where the application is made for the purpose of engaging in acts prohibited by relevant laws, such as the Game Industry Promotion Act
4. Where the application is made for the purpose of disturbing public peace and order or good morals
5. Where the Applicant intends to use the Game Service for improper purposes
6. Where the Applicant intends to use the Game Service for the purpose of pursuing profit
7. Where acceptance is otherwise deemed inappropriate for reasons comparable to the foregoing
③ The Company may withhold acceptance until the relevant cause is resolved in any of the following cases.
1. Where the Company’s facilities lack capacity, support for a particular Mobile Device is difficult, or there is a technical problem
2. Where a failure occurs in the Service, or a problem arises with service fees or payment methods
3. Where acceptance of the application is otherwise deemed difficult for reasons comparable to the foregoing
Article 6 (Rules Outside the Terms)
Matters not provided for in these Terms and the interpretation of these Terms shall be governed by relevant laws, including the Act on the Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Game Industry Promotion Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and the Content Industry Promotion Act, or by commercial practice.
Article 7 (Operating Policy)
① Matters necessary for applying these Terms and matters delegated by these Terms within a specific scope may be set forth in the Game Service operating policy (the “Operating Policy”).
② The Company shall post the contents of the Operating Policy within the Game Service or on a linked screen so that Members can be aware of them.
③ Amendments to the Operating Policy shall follow the procedure in Article 4, Paragraph 2. However, where an amendment to the Operating Policy falls under any of the following, advance notice shall be given by the method in Paragraph 2.
1. Where the amendment concerns matters delegated by these Terms within a specific scope
2. Where the amendment concerns matters unrelated to the rights and obligations of Members
3. Where the Operating Policy is amended within a scope that Members can foresee and the amended contents are not fundamentally different from what is set forth in these Terms
Chapter 2 Management of Personal Information
Article 8 (Protection and Use of Personal Information)
① The Company endeavors to protect Members’ personal information as provided by relevant laws, and the protection and use of personal information shall be governed by relevant laws and the Company’s Privacy Policy. However, the Company’s Privacy Policy does not apply to linked services other than the services provided by the Company.
② Depending on the nature of the Service, content introducing the Member that is unrelated to the Member’s personal information, such as nicknames, character pictures and status information, may be made public.
③ Except where requested by relevant government agencies in accordance with relevant laws, the Company shall not provide a Member’s personal information to third parties without the Member’s consent.
④ The Company shall not be liable for damage arising from the leakage of personal information due to causes attributable to the Member.
Chapter 3 Obligations of the Parties to the Service Agreement
Article 9 (Obligations of the Company)
① The Company shall faithfully and in good faith exercise its rights and perform its obligations as provided by relevant laws and these Terms.
② The Company shall maintain a security system to protect personal information (including credit information) so that Members can use the Service safely, and shall publish and comply with its Privacy Policy. Except as provided in these Terms and the Privacy Policy, the Company shall ensure that Members’ personal information is not disclosed or provided to third parties.
③ If a failure occurs in the facilities or data is lost or damaged while the Company is improving the Service in order to provide continuous and stable service, the Company shall make its best efforts to repair or restore it without delay, unless there are unavoidable circumstances such as natural disasters, emergencies, or failures or defects that cannot be resolved with current technology.
Article 10 (Obligations of Members)
① Members shall not engage in any of the following acts in connection with the use of the Service provided by the Company.
1. Entering false information when applying for the Service or changing Member information
2. Selling or giving away cyber assets (IDs, characters, items, game money, etc.) through services not provided by the Company or by abnormal means, or acquiring and using such assets
3. Posting content or sending e-mail while impersonating an employee or operator of the Company or using another person’s name, or impersonating another person or falsely stating a relationship with another person
4. Purchasing paid Content by misappropriating another person’s credit card, landline or mobile phone, bank account or the like, or wrongfully using another Member’s ID and password
5. Collecting, storing, posting or distributing other Members’ personal information without authorization
6. Using the Service in an unwholesome manner, such as engaging in or inducing gambling or other speculative acts, exchanging or posting obscene or vulgar information or linking to obscene websites, or sending or distributing to others words, sounds, text, images, photographs or videos that cause shame, disgust or fear
7. Using the Service without authorization for purposes other than its intended use, such as for profit, business, advertising, promotion, political activities or election campaigns
8. Reproducing, distributing or encouraging the distribution of, or commercially using, information obtained through the Company’s Service without authorization, or using the Service by exploiting known or unknown bugs
9. Deceiving others to gain a benefit, or causing damage to others in connection with the use of the Company’s Service
10. Infringing the intellectual property rights or portrait rights of the Company or others, or defaming or causing damage to others
11. Intentionally transmitting, posting, distributing or using information whose transmission or posting is prohibited by law, or viruses, computer code, files or programs designed to interfere with or destroy the normal operation of computer software, hardware or telecommunications equipment
12. Modifying the Application, adding or inserting other programs, hacking or reverse-engineering servers, leaking or modifying source code or Application data, building separate servers, or arbitrarily modifying or misappropriating parts of the website to impersonate the Company, without having been granted special rights by the Company
13. Any other act that violates relevant laws or is contrary to good morals or generally accepted social norms
② Members are responsible for managing their accounts and Mobile Devices and shall not allow others to use them. The Company shall not be liable for damage arising from poor management of a Mobile Device or from allowing another person to use it.
③ Members shall set up and manage a payment password function in each Open Market so that unauthorized payments are not made. The Company shall not be liable for damage arising from a Member’s negligence.
④ The Company may determine the specific details of the following matters, and Members shall comply with them.
1. Members’ account names, character names, guild names and other names used within the game
2. Chat contents and methods
3. Methods of using bulletin boards and the Service
4. Policies for affiliated services on external mobile platforms, such as Kakao, Facebook and Google+
Chapter 4 Use of the Service and Restrictions on Use
Article 11 (Provision of the Service)
① The Company shall make the Service available immediately to Members whose service agreement has been completed in accordance with Article 5. However, for some services, the Company may commence the service from a designated date as needed by the Company.
② When providing the Game Service to Members, the Company may also provide other additional services together with the services set forth in these Terms.
③ The Company may classify Members into grades and differentiate their use by subdividing usage time, number of uses, scope of services provided and the like.
Article 12 (Use of the Service)
① The Game Service is provided during the hours determined in accordance with the Company’s business policy. The Company shall announce the hours of the Game Service by an appropriate method, such as on the initial screen of the game Application or in Game Service notices.
② Notwithstanding Paragraph 1, the Company may temporarily suspend all or part of the Service in any of the following cases. In such case, the Company shall announce the reason for and period of the suspension in advance on the initial screen of the game Application or in Game Service notices. However, where there are unavoidable circumstances that make advance notice impossible, notice may be given afterwards.
1. Where necessary for system operation, such as regular system inspections, server expansion or replacement, or network instability
2. Where normal provision of the Service is impossible due to power outages, failures of service facilities, surges in service use, or facility maintenance or inspections by common carriers
3. Where circumstances beyond the Company’s control occur, such as war, incidents, natural disasters or comparable national emergencies
③ The Company provides the Service using a dedicated Application for Mobile Devices or a network. Members may use the Service free of charge or for a fee by downloading and installing the Application or by using the network.
④ Paid Content may be used only upon payment of the fee specified for the relevant service. When downloading the Application or using the Service through a network, separate charges determined by the Member’s mobile carrier may be incurred.
⑤ Services used through a downloaded and installed Application or through a network are provided in accordance with the characteristics of the Mobile Device or mobile carrier. In the event of a change of Mobile Device, change of phone number or overseas roaming, all or part of the Content may become unavailable, and the Company shall not be liable in such case.
⑥ Services used through a downloaded and installed Application or through a network may perform background operations. In such case, additional charges may be incurred in accordance with the characteristics of the Mobile Device or mobile carrier, and the Company shall not be liable in this regard.
Article 13 (Change and Suspension of the Service)
① The Company may change the Service as necessary for operational or technical reasons in order to provide a smooth Game Service, and shall announce the relevant details within the Game Service before the change. However, where a change is unavoidably necessary, such as fixing bugs or errors or performing emergency updates, or where the change is not material, notice may be given afterwards.
② The Company may suspend the entire Service where it is difficult to continue the Game Service due to material business reasons, such as discontinuation of business following a business transfer, division or merger, expiration of the game provision agreement, or a significant deterioration in the profitability of the relevant Game Service. In such case, the Company shall announce the suspension date, the reason for suspension and the compensation terms on the initial screen of the game Application or a linked screen by at least thirty (30) days before the suspension date, and shall notify Members by the method set forth in Article 27, Paragraph 1.
③ In the case of Paragraph 2, the Company shall refund paid items that have not been used or whose usage period remains in accordance with Article 24, Paragraph 3.
Article 14 (Collection of Information, etc.)
① The Company may store and retain the contents of chats between Members, and this information is held only by the Company. The Company may access this information only for the purpose of mediating disputes between Members, handling complaints or maintaining order in the game, and third parties may access it only where authorized by law.
② When the Company or a third party accesses chat information in accordance with Paragraph 1, the Company shall notify the relevant Member of the reason for and scope of the access in advance. However, where access to this information is necessary in connection with the investigation, handling or confirmation of prohibited acts under Article 10, Paragraph 1, or the remedy of damage caused by such acts, notice may be given afterwards.
③ The Company may collect and use information about Members’ Mobile Devices (settings, specifications, operating system, version, etc.), excluding Members’ personal information, for the smooth and stable operation of the Service and the improvement of service quality.
④ The Company may request additional information from Members for purposes such as service improvement and introducing services to Members. Members may accept or decline such requests, and when making such a request, the Company shall also inform the Member that the request may be declined.
Article 15 (Provision of Advertisements)
① The Company may place advertisements within the Game Service in connection with the operation of the Service. In addition, the Company may send advertising information by e-mail, text message (LMS/SMS), push notification or similar methods only to Members who have consented to receive it. In such case, Members may refuse to receive such information at any time, and the Company shall not send advertising information to Members who have refused.
② Banners, links or the like within the Service provided by the Company may connect to advertisements or services provided by third parties.
③ Where a Member is connected to an advertisement or service provided by a third party in accordance with Paragraph 2, the services provided in that area are not within the Company’s service domain, and the Company therefore does not guarantee their reliability or stability and shall not be liable for any damage to the Member arising therefrom. However, this shall not apply where the Company has intentionally or by gross negligence facilitated the occurrence of the damage or failed to take measures to prevent it.
Article 16 (Attribution of Copyright, etc.)
① Copyright and other intellectual property rights in Content within the Game Service produced by the Company belong to the Company.
② Of the information obtained by using the Game Service provided by the Company, Members shall not use for commercial purposes, or allow third parties to use, information in which intellectual property rights belong to the Company or its providers, by means of reproduction, transmission or the like (including editing, publication, performance, distribution, broadcasting and the creation of derivative works; the same applies hereinafter) without the prior consent of the Company or the provider.
③ Members grant the Company permission to use, in the following manner and under the following conditions, all communications including chat text, images, sounds and all other materials and information that Members or other users upload or transmit through the game Application or the Game Service and that are displayed within the game or relate to the Game Service (“User Content”).
1. Using the User Content, changing its editorial format and otherwise modifying it (it may be used in any form, including publication, reproduction, performance, transmission, distribution, broadcasting and the creation of derivative works, without limitation as to period or region of use)
2. Not selling, renting or transferring the User Content for the purpose of trade without the prior consent of the user who created it
④ The Company shall not use a Member’s User Content that is not displayed within the game and is not integrated into the Game Service (for example, posts on general bulletin boards) without the Member’s explicit consent, and Members may delete such User Content at any time.
⑤ If the Company determines that a post posted or registered by a Member within the Service constitutes a prohibited act under Article 10, Paragraph 1, the Company may delete or move it or refuse its registration without prior notice.
⑥ A Member whose legal interests have been infringed by information posted on a bulletin board or the like operated by the Company may request the Company to delete the information or to post a rebuttal. In such case, the Company shall promptly take the necessary measures and notify the requester.
⑦ This Article remains in effect while the Company operates the Game Service and continues to apply after a Member’s withdrawal.
Article 17 (Purchase, Usage Period and Use of Paid Content)
① Paid Content purchased by a Member within the Game Service may be used only on the Mobile Device on which the relevant Application was downloaded or installed.
② The usage period of paid Content purchased by a Member shall be the period specified at the time of purchase. However, where the Service is suspended in accordance with Article 13, Paragraph 2, the usage period of paid Content without a fixed period shall end on the suspension date announced in the notice of service suspension.
Article 18 (Restrictions on Members’ Use of the Service)
① Members shall not engage in acts that violate their obligations under Article 10. If a Member engages in such acts, the Company may take restrictive measures, including restricting the Member’s use of the Service according to the following categories, deleting related information (text, photos, videos, etc.) and other measures. The specific grounds and procedures for restrictive measures shall be set forth in the Operating Policy of each game in accordance with Article 19, Paragraph 1.
1. Restriction of certain privileges: restricting certain privileges such as chatting for a certain period
2. Restriction of character use: restricting the use of the Member’s character for a certain period or permanently
3. Restriction of account use: restricting the use of the Member’s account for a certain period or permanently
4. Restriction of Member use: restricting the Member’s use of the Game Service for a certain period or permanently
② Where a restriction under Paragraph 1 is justified, the Company shall not compensate the Member for damage suffered as a result of the restriction.
③ The Company may suspend the use of the Service for the relevant account until the investigation of any of the following causes is completed.
1. Where a legitimate report has been received that the account has been hacked or stolen
2. Where the Member is suspected of being a user of illegal programs, an operator of a gold farm or another person engaged in illegal activity
3. Where provisional measures regarding use of the Service are otherwise necessary for reasons comparable to the foregoing
④ After the investigation under Paragraph 3 is completed, in the case of a paid Game Service, the Company shall extend the Member’s usage period by the duration of the suspension or compensate the Member with an equivalent paid service or cash credits. However, this shall not apply where the Member falls under any of the causes in Paragraph 3.
Article 19 (Grounds and Procedures for Restrictive Measures)
① The Company shall set forth the specific grounds and procedures for restrictive measures under Article 18, Paragraph 1 in the Operating Policy, taking into account the nature, degree, frequency and consequences of the prohibited acts under Article 10, Paragraph 1.
② When the Company takes a restrictive measure under Article 18, Paragraph 1, it shall notify the Member of the following matters in advance. However, where urgent action is necessary, notice may be given afterwards.
1. The grounds for the restrictive measure
2. The type and period of the restrictive measure
3. The method of filing an objection to the restrictive measure
Article 20 (Procedure for Objecting to Restrictive Measures)
① A Member who wishes to contest a restrictive measure taken by the Company shall submit to the Company an objection stating the reasons for the objection, in writing, by e-mail or by a comparable method, within fourteen (14) days from the date of receiving notice of the measure.
② The Company shall respond to the reasons for the objection in writing, by e-mail or by a comparable method within fifteen (15) days from the date of receiving the objection under Paragraph 1. However, if the Company is unable to respond within this period, it shall notify the Member of the reason and the schedule for handling the objection.
③ Where the reasons for the objection are justified, the Company shall take measures accordingly.
Chapter 5 Withdrawal of Subscription, Refund of Overpayments and Termination of the Service Agreement
Article 21 (Payment)
① In principle, the imposition and payment of purchase prices for Content shall follow the policies and methods determined by mobile carriers, Open Market operators and the like. In addition, limits for each payment method may be granted or adjusted in accordance with the policies of the Company or the Open Market operator or government policy.
② When the purchase price of Content is paid in a foreign currency, the actual amount charged may differ from the price displayed in the Service’s store or the like due to exchange rates, fees and the like.
Article 22 (Withdrawal of Subscription, etc.)
① A Member who has entered into an agreement with the Company for the purchase of paid Content may withdraw the subscription within seven (7) days from the later of the date of the purchase agreement or the date the Content becomes available, without bearing any separate fees, penalties or the like.
② A Member may not withdraw a subscription under Paragraph 1 against the Company’s will in any of the following cases. However, in the case of a purchase agreement consisting of divisible Content, this shall not apply to the remaining portion of the divisible Content that does not fall under any of the following.
1. Paid Content that is used or applied immediately upon purchase
2. Content for which additional benefits were provided and those additional benefits have been used
3. Content for which the act of opening can be regarded as use, or whose utility is determined upon opening, where the act of opening has occurred
③ For Content for which withdrawal of subscription is not possible under the items of Paragraph 2, the Company shall clearly indicate that fact in a place where Members can easily see it, and shall provide a trial version of the Content (such as permitting temporary use or providing a trial version) or, where this is difficult, provide information about the Content, so that the Member’s exercise of the right to withdraw is not hindered. If the Company fails to take such measures, the Member may withdraw the subscription notwithstanding the grounds for restricting withdrawal under the items of Paragraph 2.
④ Notwithstanding Paragraphs 1 and 2, if the contents of purchased paid Content differ from what was displayed or advertised, or the purchase agreement was performed differently from its terms, the Member may withdraw the subscription within three (3) months from the date the Content became available, or within thirty (30) days from the date the Member became aware or could have become aware of such fact.
⑤ When a Member withdraws a subscription, the Company shall verify the purchase history through the platform operator or Open Market operator. The Company may also contact the Member using the information provided by the Member in order to confirm the Member’s legitimate reasons for withdrawal, and may request additional supporting evidence.
⑥ When a subscription is withdrawn in accordance with Paragraphs 1 through 4, the Company shall retrieve the Member’s paid Content without delay and refund the payment within three (3) business days. If the Company delays the refund, it shall pay interest for the period of delay calculated at the rate set forth in the Act on the Consumer Protection in Electronic Commerce, etc. and Article 21-3 of the Enforcement Decree of the same Act.
⑦ When a minor enters into a Content purchase agreement on a Mobile Device, the Company shall inform the minor that the minor or the minor’s legal representative may cancel the agreement if the consent of the legal representative has not been obtained, and if a minor enters into a purchase agreement without the consent of the legal representative, the minor or the legal representative may cancel the agreement with the Company. However, the agreement may not be canceled where the minor purchased the Content with property that the legal representative permitted the minor to dispose of within a specified scope, or where the minor used deception to make others believe that the minor was an adult or that the legal representative’s consent had been obtained.
⑧ Whether a party to a Content purchase agreement is a minor shall be determined based on the Mobile Device on which the payment was made, the information of the person who made the payment, the holder of the payment method and the like. The Company may also request the submission of documents proving the status of the minor and the legal representative in order to confirm whether the cancellation is legitimate.
Article 23 (Refund of Overpayments)
① Where an overpayment occurs, the Company shall refund the overpayment to the Member. However, where the overpayment occurred due to the Member’s fault without any intent or negligence on the part of the Company, the actual costs required for the refund shall be borne by the Member within a reasonable scope.
② Payments through the Application shall follow the payment methods provided by the Open Market operator, and where an overpayment occurs during the payment process, a refund must be requested from the Company or the Open Market operator.
③ Telecommunications charges (call charges, data charges, etc.) incurred from downloading the Application or using network services may be excluded from refunds.
④ Refunds shall be processed in accordance with the refund policy of each Open Market operator or the Company, depending on the operating system of the Mobile Device on which the Service is used.
⑤ The Company may contact the Member using the information provided by the Member in order to process the refund of an overpayment, and may request the provision of necessary information. The Company shall make the refund within three (3) business days from the date it receives the information necessary for the refund from the Member.
Article 24 (Termination of the Agreement, etc.)
① A Member may terminate the service agreement at any time by withdrawing membership if the Member no longer wishes to use the Service. Upon withdrawal, all game usage information held by the Member within the Game Service will be deleted and cannot be recovered.
② Where there are material reasons that make it impossible to maintain this agreement, such as a Member engaging in acts prohibited by these Terms or the Operating Policy or service policies thereunder, the Company may give prior notice a reasonable time in advance and suspend the Member’s use of the Service for a specified period or terminate the service agreement.
③ Refunds and compensation for damages under Paragraphs 1 and 2 shall be handled in accordance with the Content User Protection Guidelines.
④ In order to protect the personal information of Members who have not used the Company’s Service for one (1) consecutive year from the date of last use (“Dormant Accounts”), the Company may terminate the service agreement and take measures such as destroying the Member’s personal information. In such case, the Company shall notify the Member, by thirty (30) days before the date of such measures, that measures such as termination of the agreement and destruction of personal information will be taken, together with the personal information to be destroyed.
Chapter 6 Compensation for Damages and Exemption from Liability, etc.
Article 25 (Compensation for Damages)
① If the Company or a Member causes damage to the other party by violating these Terms, it shall be liable to compensate for such damage. However, this shall not apply where there is no intent or negligence.
② Where the Company enters into an affiliation agreement with an individual service provider and provides an individual service to Members, and a Member suffers damage due to the intent or negligence of the individual service provider after agreeing to the terms of use of that individual service, the individual service provider shall be liable for such damage.
Article 26 (Exemption of the Company from Liability)
① The Company shall not be liable for the provision of the Service where it is unable to provide the Service due to natural disasters or comparable force majeure.
② The Company shall not be liable for damage arising from the repair, replacement, regular inspection or construction of service facilities or other comparable causes. However, this shall not apply where the damage is due to the Company’s intent or negligence.
③ The Company shall not be liable for disruptions in the use of the Service due to a Member’s intent or negligence. However, this shall not apply where the Member has unavoidable or legitimate reasons.
④ The Company shall not be liable for the reliability, accuracy or the like of information or materials posted by Members in connection with the Service, unless due to the Company’s intent or gross negligence.
⑤ The Company has no obligation to intervene in transactions or disputes arising between a Member and other Members or third parties through the Service, and shall not be liable for damage arising therefrom.
⑥ The Company shall not be liable for damage to Members arising in connection with the use of services provided free of charge. However, this shall not apply where the damage is due to the Company’s intent or gross negligence.
⑦ The Company shall not be liable for a Member’s failure to obtain, or loss of, profits expected from using the Service.
⑧ The Company shall not be liable for the loss of a Member’s in-game experience points, grades, items, game money or the like. However, this shall not apply where the loss is due to the Company’s intent or negligence.
⑨ The Company shall not be liable for third-party payments arising from a Member’s failure to manage the Mobile Device password, the password provided by the Open Market operator or the like. However, this shall not apply where the damage is due to the Company’s intent or negligence.
⑩ The Company shall not be liable where a Member is unable to use all or part of the functions of the Content due to a change of Mobile Device, change of Mobile Device phone number, change of operating system (OS) version, overseas roaming, change of mobile carrier or the like. However, this shall not apply where the damage is due to the Company’s intent or negligence.
⑪ The Company shall not be liable where a Member deletes Content or Account Information provided by the Company. However, this shall not apply where the damage is due to the Company’s intent or negligence.
⑫ The Company shall not be liable for damage arising from a Temporary Member’s use of the Service. However, this shall not apply where the damage is due to the Company’s intent or negligence.
Article 27 (Notice to Members)
① When the Company gives notice to a Member, it may do so by the Member’s e-mail address, electronic memo, in-game message, text message (LMS/SMS) or the like.
② When the Company gives notice to all Members, it may substitute the notice under Paragraph 1 by posting the notice within the Game Service for seven (7) days or more or by presenting a pop-up screen or the like.
Article 28 (Jurisdiction and Governing Law)
These Terms shall be governed by and construed in accordance with the laws of the Republic of Korea. If a lawsuit is filed regarding a dispute between the Company and a Member, the court determined in accordance with the procedures prescribed by law shall have jurisdiction.
Article 29 (Handling of Member Grievances and Dispute Resolution)
① Taking Members’ convenience into consideration, the Company shall provide guidance within the Game Service or on a linked screen on how Members can submit opinions or complaints. The Company shall operate dedicated personnel to handle such opinions and complaints from Members.
② Where an opinion or complaint raised by a Member is objectively recognized as justified, the Company shall handle it promptly within a reasonable period. However, where handling requires a long period, the Company shall announce within the Game Service, or notify the Member in accordance with Article 27, Paragraph 1, of the reason for the delay and the handling schedule.
③ Where a dispute arises between the Company and a Member and a third-party dispute mediation body mediates the dispute, the Company shall faithfully substantiate the measures taken against the Member, such as restrictions on use, and may comply with the mediation of the mediation body.