Article 1 [Purposes]
This term and condition shall have its purposes to stipulate rights & obligations and other necessary rules between the company and users in connection with mobile game services provided by YHDATABASE Co., Ltd (Hereafter refer to “The company”)
Article 2 [Definition for Terms]
Terms used by this agreement shall be defined as following
1. “Users” shall be those who agreed with these terms and conditions specified by the company and continue to receive the company’s information and use the company’s service continuously. “Temporary users” shall indicate those who use game service without official subscription to the service.
2. “Service” indicates all of mobile game services provided by the company
3. “Handset” indicates mobile phone, smart phone, PDA, tablet, portable game machine and console game machine.
4. “Application” means all programs which are downloaded or installed via handset in Clause 3 of Article 2 to use service provided by the company.
5. “Open Market Entrepreneur” indicates an e-commerce company (Including payment company in game) which enables users install the company’s games and pay for them. (For example, Google Player, App Store, Apple App Store, T-store, Olleh Market and U-Plus App market)
6. “Platform Entrepreneur” indicates entrepreneurs who provide services via partnership with the company to let users know the company’s games or to use them(Example: KaKao, Line)
7.“Account information” shall indicate created information such as general identifications provided by users including user’s ID, game membership number, Device information, Alias, Profile photo, Friend list and game usage information (Character information, Item, Level), billing and payment information.
8. “Paid-in content” indicates a series of online contents that users buy via open market entrepreneurs in order to get special effect or efficacy in connection with use of service.
9. “Free contents” indicates a series of online contents which can be acquired under name of gifts between users or use of game without buying paid-in content stipulated by Clause 8 of Article 2.
10. “In-App payment (In App Purchase)” is an action of payment to purchase items, game money and other paid contents within application.
11, Terms used by this agreement indicates relevant laws and general commercial customs except Articles defined by Article 2.
Article 3 [Rules besides these terms and conditions]
Articles which are not specified by this agreement shall follow operation policies of the company, related laws and commercial practice.
Article 4 [Duty of the company]
1. The company shall comply with related laws and exert its rights and perform its obligations specified by this agreement sincerely and faithfully.
2. If the company deems that opinions and claims filed by users are reasonable and proved objectively, then it shall solve them quickly within reasonable time. However, if its processing time takes longer, the company shall be obliged to notify users of its causes and schedules for such solving.
3. The company shall be equipped with security system to protect a series of personal information including credit information so that users can use services safely and shall publish privacy policies and comply with such policies. The company, except provisions specified by these terms and conditions and personal information policies, shall ensure that personal information for members is not disclosed or provided to a third party.
4. When there is any defect on devices or data loss occurred during improvement of service to provide services continuously and safely, the company shall make best efforts to repair or recover such defect and losses immediately unless there is inevitable cause such as natural disaster, emergent situation and technical defect or disorder which can’t be solved by current technologies.
5. The company shall make efforts to provide users with conveniences related to users’ contract or its contents such as establishment of contract for use, changing and terminating contract
Article 5 [Obligations of users]
Users shouldn’t use the company’s services for other purposes than its original game services nor do they below behaviors. In addition, users shall check revision of these terms and conditions at all times.
1. If users use others’ personal information or write false information when they provide their personal information to the company in connection with customer counselling, recovery of paid contents, claiming refund and winning events,
2. When users pretend to be others or provide false information for other’s relationship, steal others’ ID and passwords and use them illegally and purchase paid contents by stealing other’s credit card, wire / wireless telephone and bank accounts.
3. If users trade paid-in contents with others or sell them via other services not provided by the company
4. When users copy, distribute, commercially use information acquired by the company’s services or provided applications without prior consent from the company or they use the company’s services using unknown bugs,
5. When users do activities to generate profits for themselves or others using the company’s services and provided applications.
6. When users infringe intellectual properties of the company or third parties or acquire, save, distribute, post or use others’ personal information,
7. If users acquire profits by deceiving any third party or use the company’s services unhealthily and damage third parties,
8. If users modify applications, add or insert other programs without getting special permission from the company or they hack or reverse design server, disclose or change source codes or applications, build additional server or deceive the company by changing or stealing parts of web site at their discretion,
9. If users impersonate the company’s staffs or operators pretending to be them or post others’ contents or mail them by stealing their names
10. When users send advertisement information without prior consent from the company,
11. If users violate public orders or good customs and commit illegal, unfair behaviors or violate other related laws,
12. If users upload or share others’ images which are likely to portrait rights (Or production stage), images whose copyright is not user’s one (Or production image), or illegal images violating public orders or good customs (Or production stage)
Article 6 [Available time for service and stopping service]
1. The company shall initiate its services when a user subscribed to membership. However some services may be provided at a certain designated date if it’s necessary for the company.
2. The company shall provide its services around clock and 356 days unless otherwise there is any particular technical or business barrier. However, the company shall be able to suspend its service for a certain period if it’s necessary for service operation such as regular checking of system, increasing and replacing servers, adding new game contents, various patches against bugs, replacing service into new ones or other operational necessities.
In this case, the company shall notify its contents and time onto application or other method. However, if there is any inevitable case unable to notify it in advance, the company shall be able to notify it later.
Article 7 [Service contents and its modification]
1. Users shall be able to use the company’s game services complying with these terms and conditions, operational policies and rules set by the company.
2. The company shall comprehensive rights for production, modification and maintenance for the services which are provided to users.
3. The company, if it’s necessary for service operation and technical issues such as new game and various bug patches, shall be able to modify, add and delete all or parts of services at all times. Such notification for members shall be replaced by posting game services to be modified and its available date into games.
4. If the company needs to suspend whole services due to service planning, operational or emergent situations, it shall be able to suspend such services by notifying it in games. In this case, users shall not be able to call refund for paid contents whose available time is not left when service is terminated.
5. The company shall be able to restrict or suspend whole or some of services if one of following cases is true.
(1) If there is any cause of Force Majeure such as war, incident, natural disaster or national emergent situations,
(2) If there is any barrier against service use such as power failure, malfunctioning of machine or sky-rocketing network traffic,
(3) If there is any inevitable cause such as repairing service machine and construction
(4) If service is not available due to the company’s overall issues,
6. In the event that any service is suspended due to Article 3, the company shall notify it onto Naver Café or inside application. However, if it’s impossible to notify such suspending of services due to uncontrolled causes by the company, the company shall not have to do it.
7. The company, except changed or suspended services caused by negligence or serious faults from the company, shall not take responsibilities against problems caused by changing and suspending of services.
Article 8 [Providing information and posting of advertisement]
1. The company shall be able to use information acquired from platform entrepreneur and open market entrepreneur and also request additional information for individual user in order to introduce or improve game services for users. Users, platform entrepreneur or open market entrepreneur and users shall be able to reject such requests for additional information providing for relevant services.
2. The company shall be able to post advertisement to maintain this service and users agree with such advertisement posting when they use services.
3. The company shall not take responsibility against losses or damages which may be caused by users’ attending, exchanging or trading with such advertisement specified by previous article.
4. When the company provides information or post advertisement mentioned Clause 1 using personal information collected by users’ agreement, it shall be able to send them using SMS (LMS), smart phone notification (Push notification) and mail addresses and users shall be able to reject it whenever they don’t want it.
Article 9 [Purchasing paid contents and their use]
1. Users shall be able to buy paid contents complying with operational policies for open market entrepreneur depending on handsets that they use and there might be difference occurred for payment limitation due to payment policies. In addition, purchasing price for paid contents shall be charged by billing or policies proposed by mobile carriers, platform entrepreneur or open market entrepreneur and payment method shall also follow such entrepreneurs’ policies.
2. Paid contents inside game purchased by users shall be used only on handset where game applications are downloaded or installed.
3. “Temporary users” are unable to use payment service. Moreover “Temporary users” may be limited to some of services and they may be excluded from events and promotion events.
Article 10 [In-App payment]
1. The company’s application shall include In-App payment function to purchase paid contents.
2. Users should prevent any third party from In-App payment using passwords setting functions on handsets or those provided by open markets and the company, apart from recommendation of Korea Communications Commission and open market mobile content payment guideline, shall apply modules and libraries for In-App payment which contain authentication procedures provided by open markets
3. The company shall not take any responsibility against any third party’s In-App payment which occurred due to password exposures caused by users’ not-using passwords setting functions in handsets or open markets or their negligence.
4. In the event that users subscribed to juvenile’s billing system for mobile carriers, if they perform In-App payment in their handsets, it shall deem to be agreed by their legal representative.
5. Users shall be responsible to pay In-App faithfully complying with policies and methods of open market entrepreneurs and payment limitation may be charged for each payment method.
Article 11 [Cancelling subscription and refund]
1. Users shall be able to cancel subscription (cancelling purchase) for paid contents without additional charge within 7 days from the date of contract or available date to use such paid content. However, paid contents provided by gifts, events, the company or third parties or ones which have already been used or deemed to be used at the time of requesting cancellation of subscription and some paid contents equivalent to them might be limited for cancellation of subscription (cancelling purchasing) according to Article 2-2 or Article 2-3 of Provision 17 of ‘Laws on protection of consumers in e-commerce’ and Article 1 of Provision 27 in ‘Content Industry Promotion Law’
In this case, the company shall take measures specified by laws such as notifying users when they purchase relevant paid contents.
2. If users are unable to use purchased paid contents due to negligence or serious faults of the company, the company shall provide same paid contents to users for free or fully refund such contents regardless of date of contract (date of purchasing)
3. Refund shall be basically carried out by payment method used for such purchasing within 3 business days provided that payment is verified. However, each open market’s refund policies might be applied depending on operating system on handsets using services. For more dialed refund policies, users shall follow notification posted by the company’s web site or application. In addition, paid contents in game shall be deducted by amount of such refund
4. If a user opened paid contents (example: moving content from deposit box) or click button on them, the company shall deem that they agreed to use such contents and if purchasing unit for contents in game is damaged due to use of whole or partial contents, the company shall also deem that a user agreed to use contents. In addition, if users went through agreement procedures in paid content screen such as acceptance from message box and gift box, this shall deem that users have agreed to use such contents. These shall be also applied when contents are purchased through others against customer’s intention.
5. Contents which are acquired without payment as a compensation during game service or paid for free through internal event or external joint events can’t be refunded.
6. Requests for cancellation of subscription or refund shall be processed only after personal information processing is agreed with the company’s customer center or third party designated by the company and after the company checked statement of content purchasing and these processes include contents purchasing verification through platform entrepreneur and open market entrepreneur. In this case, the company shall be able to verify a user’s cancellation of subscription correctly by contacting him or her using personal information provided by them in order to check causes of cancellation correctly and also be able to request additional evidence (Example: personal information registered by platform entrepreneur, payment statement from open market entrepreneur and document proving that content was purchased against intention of customer <Example: family registration>)
7. For following cases, cancellation of subscription to paid contents shall be restricted and such contents shall be marked as cancellation restricted ones before In-App payment.
(1) If paid content began to be used immediately or applied for application after it was purchased
(2) If additional benefit is used from paid content whose benefit exists
(3) If some of paid contents are used when they are sold as a pack
(4) If opening deems to be used or if contents are paid ones with capsule / probability type whose availability is determined at the time of opening,
8. If an under aged person paid for In-App to buy content in application without approval from his or her legal representative, such under age person or legal representative shall be able to cancel In-App payment. However, if under age person’s In-App payment is within consumption of asset approved by his or her legal representative or if under age person made others believe that he or she is adult, then such case shall not be cancelled. Whether a buyer of paid content is under age shall be determined by names under handsets where In-App payment is performed or names under credit card or other payment methods. If a user requests cancellation of payment, such user shall submit document to prove under age and legal representative on demand of the company.
9. In-App payment which has been paid by sending gift function shall not be cancelled or refunded excepting there is any defect on such paid content, and refund caused by defect on paid content is only available for a user who sent gift. Bills which occurred by downloading application or network service may be excluded from refund (Ex: voice or data communication)
Article 12 [Terminating contract and suspending use of services]
1. Users shall be able to terminate contract through unsubscribing membership whenever they want. Membership can be unsubscribed immediately and all contents owned by user are deleted and irrecoverable.
2. The company shall be able to terminate contract or suspend service for a certain period when users committed one of following activities.
(1) If users registered false information for service
(2) If users interrupted service operation intentionally
(3) If users stole other’s ID and passwords and used them,
(4) If users send huge amount of information or commercial information to interrupt stabilized operation of service,
(5) If users spread virus programs which cause damages on the company and users,
(6) If users caused interruption over the company’s service violating obligations of users stipulated by Article 6,
3. If contract for service is terminated or suspended according to previous articles, users are unable to use downloaded contents and they can’t be refunded from pre-paid contents, data transmission fee and monthly service charge.
Article 13 [Damage compensation]
1. The company shall compensate for users’ damage occurred only by negligence or serious faults of the company in connection with using free service provided by the company.
2. If users agreed with third party’s terms and conditions in connection with services provided by the company after the company contracted with such third party and any damage occurred due to faults of individual service provider, then such damage shall be compensated by third party.
3. If the company is claimed against damage, lawsuit and other appeals from third party other than users, which was caused by user’s illegal actions or violation of this contract in connection with use of services, such users shall be responsible to compensate for damages caused by such claims.
Article 14 [Exemption from responsibilities]
1. The company shall be exempted from responsibility in the event that it is unable to provide paid services due to war, incident, natural disaster, national emergent situation, unsolved technical defect and Force Majeure.
2. The company shall not be responsible for suspended or disordered services which is caused by faults of users and the company shall be also exempted from responsibilities against damages on users because facilities-based telecommunications entrepreneurs suspended telecommunication service or did provide such services normally.
3. The company shall be exempted from responsibilities if its services are stopped or disordered due to inevitable causes such as emergent and notified maintenance, replacement, checking and construction of facilities unless there is negligence or critical fault of the company.
4. The company shall not take responsibility against cases that users were unable to acquire their expected score and ranks and the company shall further be exempted from responsibilities against damages occurred due to selection and use of service unless otherwise there is negligence or critical fault of the company.
5. The company shall not take responsibilities against the company’s free service unless there is negligence or critical fault of the company.
6. The company shall not take responsibilities against users’ losses from level of experience, grade, item and game money unless there is negligence or critical fault of the company.
7. The company shall not take responsibilities against users’ demerit and loss of information caused by changing their personal information (including account) unless there is negligence or critical fault of the company.
8. The company shall not take responsibility against all problems caused by user’s handset environment or network trouble not caused by faults of the company.
9. The company shall not be obliged to intervene disputes over services between users or between users and third parties nor take responsibilities for damage compensation from such disputes.
10. The company shall be able to limit time for game service depending on related laws, government policies, game service or members and these restrictions or all related issues for game service shall exempt the company from its responsibilities.
11. The company shall not take any responsibilities against all problems which might be caused by “Temporary users” who didn’t duly subscribe to the company’s services. If someone uses services as a temporary user, then his or her service usage and trading records may be deleted and unidentified if one of following cases occurs.
In this case, the company shall not take any responsibility. In addition, the company shall not take responsibilities either against results from that any third party manipulated handset information of “Temporary user” and used services illegally.
(1) Changed mobile device
(2) Revised or initialized mobile device
(3) Deleted applications or contents from mobile devices
12. The company shall not be responsible for any claim (copyright, infringing portrait rights and inappropriate image) related to images (Or production stage) that users uploaded.
Article 15 [Special provisions for game service test]
1. The company shall be able to consider a test-purposed game service (Hereafter refer to “OBT”) with a certain period for users before it launches new game commercially
2. OBT could be modified, added and deleted for stability of relevant game services and these activities shall not accompany any compensation such as recovery, extending time and damage. In addition, items, game money and characters shall be initialized after test period is finished.
3. If any unexpected problem occurred during CBT, then the company shall be able to stop OBT without prior notice.
4. OBT period shall be notified via the company’s web site and application
5. In the event there is any conflict between overall agreement and this article, then this article shall override overall of this agreement.
Article 16 [Jurisdiction and governing law]
1. If any article which is not specified by this agreement is stipulated by related law, then it shall be required to follow such article
2. In the event that there is any lawsuit filed by dispute over service usage, then both parties shall comply with corresponding laws under jurisdiction.
3. Lawsuit filed between the company and users shall apply laws of Republic Of Korea