if doing so would enable us to provide more effective services to you
-
if required due to integration with another service
-
if required to do so under law or our policies.
8.
Personal information
In accordance with applicable laws and our Privacy Policy, we will implement safeguards to protect your personal information.
We will endeavor to protect your personal information, in accordance with applicable laws and our Privacy Policy. By using and accessing the services and the gaming platform, and agreeing to this User Agreement, you agree to our collection, use and disclosure of your personal information as described in this User Agreement and our Privacy Policy.
We have the right to request additional information from you about yourself
for the purpose of improving our services and introducing new services. You
have the right to choose not to participate in such requests for
information.
Our Privacy Policy does not apply to third party sites which you access via
our gaming platform or website.
9.
Your obligations to us
You shall not do any of the following:
· use incorrect information for the application or alteration of personal
information
· misuse a third party's information (including personal and payment
information)
-
· impersonate as our employee, game master, or staff
-
· modify information posted by us
· transfer or post information (computer program, etc.) prohibited by us
· produce, distribute, use or advertise any computer program or device not
provided or authorized by us
· infringe our intellectual property rights (copyright, etc.) or those of a
third party
· defame or disturb our business or a third party's business
· publicize or post (i) any violent, threatening, abusive or obscene information, (ii) any sexual words or texts, videos or audio, including any nudity, pornography or bestiality, or (iii) any racially, sexually, religiously, politically or otherwise offensive or objectionable information, including material that depicts violence or criminal activity or any other information that are against good public order and customs
customs
· bully, harass, intimidate, abuse or harm, attempt to bully, harass, intimidate, abuse or harm, or encourage or incite bullying, harassment, intimidation, abuse or harm of or against another person
· perform any action that exploits, intimidates, harms, threatens or humiliates a child
· sell, transfer for profit, provide as security, or lend any game data (account, Character, game item, etc.)
· deceive another user to make profits or monetary gain
· sell, transfer for profit, provide as security, or lend any game data
(account, Character, game item, etc.),
· deceive another user to make profits or monetary gain.
· use our services for gambling or any other illegal activities
· change or modify STOVE client program without our permission, or hack our
server, or change any of the information posted on our website without our
consent, or use our services abnormally
· use the services for making a profit, selling, advertising, or doing
political activities without our consent
· create an account, or use or access the gaming platform if your account, use or access has previously been terminated by us due to a violation of law or our terms and conditions governing use of our gaming platform, including the User Agreement
· perform actions or use or access the gaming platform or services in a manner that is prohibited by relevant laws or actions that are against socially accepted ideas
· performactions prohibited by relevant laws or actions that are against socially accepted ideas.
· encourage or publicise activities listed above.
You are required to be familiar with the terms and conditions that apply to
your use of the services, including these terms and conditions and other
terms and conditions that may be set out in our Operation Policy, notices
related to our services, and information we notify you about. In addition,
we may prescribe specific requirements in these materials and you agree to
comply with them, including in relation to:
· Restriction of "account (ID)”, Character name, nickname and guild name of
a user
-
· Restriction of chat content and chat methods
-
· Restriction of use of message board
-
· Restriction of ways of using services
· Other things deemed necessary by us to provide the services without
violating fundamental rights to the use of services.
10.
Services
We may make changes to the gaming platform and our services at any time, at
our sole discretion, including for the purpose of maintaining order and
quality of the games.
While we will endeavor to provide services on our gaming platform in
accordance with the service period notified to you (on our website or
otherwise), we cannot guarantee this will occur when we encounter
operational and technical issues. Moreover, we will suspend services or use
of the gaming platform if we consider this is necessary so that we can
conduct activities to maintain our systems, add or replace servers, add new
game content, install patches or upgrades etc. If we plan to suspend the
services or use of the gaming platform, we will endeavor to post details of
this on our website prior to the suspension. However, if we have not
provided prior notice, we will endeavor to provide notice after the event.
You are reminded that using the services and downloading apps may incur
data usage fees and other fees as determined by your mobile carrier or
internet service provider.
Notwithstanding the above, we reserve the right to suspend services and use
of the gaming platform without providing any prior notice in the following
circumstances:
1. when maintenance, regular inspection or replacement of information
communications facilities, or modifications of services or game contents
are necessary
-
in this event, we may suspend services for certain hours each week
or every two weeks and will notify you 24 hours prior to such
suspension
2. when necessary action is needed to take measure against hacking, network
error, or abnormal use of the service by users, or when unexpected
instability of services occur
-
in this event, we may suspend services without prior notice and may
only notify you after the suspension
3. if relevant laws prohibit the provision of services at a certain time or
in a certain way
4. when services cannot be provided properly due to natural disaster,
emergency situation, blackout, service facility error or excessive use of
services
5. if we face important operational needs, such as spin-off, merger,
business transfer, business discontinuance, or profit aggravation of
services and the like
-
in the event of items 3-5, we may suspend services by posting a
notice on the website 30 days prior to the suspension unless we
consider such suspension inevitable, in which case we may only
notify you after the suspension. You agree that you will not be
entitled to file a complaint or ask for compensation for free
services (which means services that you can use without making any
form of payments) or Paid Services (including, but not limited to,
a continuous paid usage contract and for the limited-period paid
items) that has no remaining usage duration. For paid items without
a duration limit, the termination date of the services will be
taken to be the last available day of such item.
To the maximum extent permitted by law, we are not responsible for any damages or losses of free services provided by us unless such damage or loss is caused intentionally by us or by our gross negligence.
We will compensate you for damage and loss you incur due to any suspension of Paid Services, only in accordance with the following, and, subject to any consumer rights under laws applicable in the country or region of your residence, there will be no other compensation available:
· if we fail to provide the Paid Services for 4 hours a day (accumulative)
without prior notice due to our fault, we will provide a user who has paid
for the Paid Services with credit for 3 times the number of hours we failed
to provide the services
· if we have suspended services for server maintenance with prior notice
but the maintenance takes longer than 10 hours, we will provide a user who
has paid for the Paid Services with credit for the number of hours the
services were suspended for in excess of 10 hours
· with regard to Paid Services where a time extension cannot be applied, we
may provide compensation by way of offering another Paid Service or STOVE
cash in an amount equivalent to the loss; provided, however, that such loss
will be determined at our reasonable discretion.
We utilise systems to control access to age-restricted content. Accordingly, if you, or an account holder for whom you are responsible, are below the age rating for particular content, we may restrict your access to that content, or prevent you, or that account holder, from viewing, purchasing and using that content.
11.
Providing information to you
We will post information of the games we provide on our website or gaming
platform, including:
1. Company name
2. Game name
3. Rating or classification (as applicable in the country or region of your residence)
4. Rating classification No. in the Republic of Korea (if any)
5. Production date
6. Registration number of the game producer or distributor in the Republic
of Korea (if any)
7. Minimum device or technical requirements for using the game service
8. Other information deemed necessary by Company
We may provide various information necessary for using the services through
notices, e-mail, SMS, push notifications, and other available channels.
However, you have the right to refuse to receive promotional notifications, with
the exception of transaction information and customer service responses
based on relevant laws, by notifying us via the website or by changing the
game settings.
We will comply with relevant laws to acquire prior consent from you, as required, when
sending promotional information to you via telephone, fax, and SMS. However, we may
send information regarding member's transactions or customer inquiries to
you without such limitations.
We may post advertisements about the operation of services on the website,
gaming platform, or via email. You may refuse to receive email
advertisements by notifying us of your choice. Our gaming platform and
website will display various advertisements (e.g. banners and/or external
links), and provide access to third party websites. Third party websites
are not part of our service offering to you and we do not guarantee their
reliability and stability. We are not responsible for any damage and loss
that you may suffer from accessing third party websites.
12.
Collecting information
We may save, archive, and view chat contents between users. This is not a confidential service, and users should have no reasonable expectation of privacy with respect to the service.
We may view such contents when it is needed to mediate disputes between
users, to handle user’s complaints, or to maintain order within the game.
However, the abovementioned information shall be kept and viewed by us
only, and third parties without official authority under the law cannot
view such contents.
We will notify you of the reason for and range of viewing the chat contents before reviewing such information. However, in the case of account theft, selling an account or item for cash, verbal violence, in-game fraud, deception, bug abuse, violation of the law, harassment, bullying, pornographic materials, and when there is a need to review your chat information to investigate, process, confirm, and review serious violations stated in this User Agreement, including this item, we will provide the reviewed information to the user whose account it involves in such review.
We may collect and use your information such as device settings, system
specifications, and error information (except for the personal information
of which collection and/or use is limited by laws) to stabilize the program
and to fix bugs in order to improve the quality of our services.
13.
Service trial
We may provide you with certain services for trial purposes during a
certain period of time.
During the trial period, game and service data can be modified, added, or
removed to improve the stability of services, and we will not be
responsible to restore the data during this period.
Also, game money, character, and usage information that you acquire during
the trial may be reset when the service ends.
Should an unexpected problem occur during the trial period, we may
terminate the service without prior notice to you.
14.
Game specific terms and conditions
When providing services related to a game, we may ask you to agree to game
specific terms other than these terms and conditions. In order to play such
games, you will need to agree to these separate terms and conditions.
15.
Paid Content
When providing you with access to Paid content, we may set the usage
duration of the Paid contents based on our own internal policy. The usage
duration of Paid content can be found in the guidelines for use of each
Paid content, or can be found on the screen displayed during the payment
process.
Prior to using Paid content, you must check whether your device and/or
network meets the requirements of the device and quality of wired/wireless
network stated in detailed guidelines for the usage of the relevant Paid
content.
If you cannot use the Paid content due to our fault, during the usage duration purchased by you, we will provide the same or similar contents that can be used during the remaining duration or provide compensation with STOVE Cash equivalent to the loss; provided, however, that such loss will be determined at our reasonable discretion.
16.
Messenger Service
We may provide a messenger service to members. If required, members will
need to install relevant programs to use the messenger service.
Regarding the messenger service, we may request members to agree to a
separate set of terms and conditions, and by installing and using the
messenger program, the member would be deemed to agree to such terms and
conditions.
All programs, including the messenger program, cannot be reverse engineered, decompiled, or disassembled without our consent, unless and only to the extent that applicable copyright law expressly permits doing so. If the program is modified or processed (reverse engineered, decompiled, or disassembled) by a third party other than us or our nominee, we, to the maximum extent permitted by law, hold no responsibility for any damage or loss members have suffered from using such modified or processed software. A messenger or patch programs that are not downloaded from the official download link provided by us may contain modification or processing tools that we prohibit. Therefore, you must download the messenger or patch program from the official download link provided by us.
17.
Profile Service
We may provide a profile service which publicizes basic information of
members while they are using services.
A profile created by a member can be viewed by only selected members by
changing the profile settings.
A member can upload a photo, picture, or an image in the profile. However,
if a photo, picture, or an image that belongs to a third party is used, it
can only be used in the following circumstances:
· When the member holds a legal license granted by, and has all applicable rights and consents from, the copyright holder (or by an agent authorized by such copyright holder);
· When the member uses it within the permitted scope authorized by the
copyright holder (or by an agent authorized by such copyright holder); or
· When the member may legally use it according to the copyright law and/or
relevant laws.
We may restrict the use of or remove the photo, picture, or image uploaded
by a member in the following circumstances:
· If the owner claims violation of copyright, portrait rights, moral rights and other relevant rights;
· If pornography, defamation, insults, and other improper contents are
included;
· If the purpose is to use them for behaviors prohibited by these terms and
conditions; or
· If the content exhibits anything prohibited by relevant laws.
We reserve the right to take necessary actions to deal with any breaches of
this item.
18.
Payment for services
We may provide services to our users for free or for a fee. For example,
you may need to pay for certain content prior to gaining access to such
content. It is your responsibility to check whether the content or services
you are seeking to access is available for free or for a fee.
After applying to use the Paid Service, you must make prompt payment of the relevant fees through the payment methods nominated by us. However, if you choose to remit funds without a banknote as a payment option (if available), you must remit the due amount within 3 days. If not, the transaction is deemed withdrawn. You are solely responsible for paying any applicable taxes relating to the Paid Service.
When a user using the Periodic Payment option (i) fails to make a proper payment on the day it is due, or (ii) if a Paid Service for such Periodic Payment is terminated or modified, or (iii) if a user has not used a service for over 6 months, we may revoke the Periodic Payment service contract. However, if the Periodic Payment service contract ends due to the termination of Paid Service for Periodic Payment, we will give prior notice to the user explaining termination of the contract and the reason for termination.
Any Paid Service (with the exception of STOVE Cash) purchased by a user
shall be used within 1 year from the day of purchase, unless there exists a
certain usage duration set at the time of purchase of Paid Service.
19.
Paid Services
Separate terms and conditions for Paid Service (“ToPS”) will be applied to
the Paid Service and STOVE Cash.
We may set terms for using Paid Service such as payment withdrawal method,
withdrawal effect, recharge or use of STOVE Cash, and refund of excessive
payment in the ToPS.
We will post the ToPS on the Homepage or customer center webpage, or
through providing a linked screen, so that users can easily find it.
20.
Cyber Points
We may provide Cyber Points to members according to certain standards we
set (e.g. it can be provided to users purchasing Paid Services or achieving
certain activity conditions within STOVE), and the Cyber Point may perish
if not used before the expiration date set by Company, unless prohibited by law.
If an error is found in the accumulation of Cyber Points, the member can
request we correct the error for a certain period of time, and we may make
a correction to the Cyber Points after reviewing the case and notify the
user of the result.
We may terminate the Cyber Points service for operational or technical
reasons. However, in such cases, we will notify the user at least 1 month
prior to the termination of the service. In this case, Cyber Points not
used before the termination of the service shall perish.
21.
Ownership of
Copyright
, etc.
1. We own the copyright and all intellectual property rights on any and all
contents made or produced by us with regard to our services. We grant users
limited rights only to use games, Characters, game items, game money, Cyber
Points and etc. related to our services; and these cannot be shared with,
transferred, sold or provided as security to a third party.
2. You may not copy, transfer, publish, distribute, broadcast or use for
commercial purpose or let a third party use any information obtained while
using the services provided by us, of which intellectual property rights
are owned by us or a supplier, without the prior consent of the owner of
such rights.
3. We or the legal rights holders own and retain all rights, including
intellectual property rights, and authorities related to the game program
and spin-off products (i.e. all rights related to Character, scenario,
animation, music, effect, etc. related to the game) provided in the
services; and any information related to a member’s Character, name of the
Character, item and all other information within the game licensed to user
in accordance to Paragraph 7. The abovementioned information may be added,
removed or modified whenever we deem it necessary for planning or operating
of the game.
4. When the User Agreement is terminated, you shall immediately delete
contents described under Paragraph 1, including the game client.
5. A member shall be responsible for the legal measures and results in case
of a dispute with a third party over copyright, personal rights, etc. with
respect to the UGC provided by the member to the services. We explicitly
deny any and all responsibilities related to the UGC.
6. We do not allow infringement of copyright or intellectual property rights by the use of the services. If we receive a report or acknowledge that UGC uploaded or posted in our services materials that would infringe other’s rights, we may suspend or remove the UGC and related services according to the procedures set out in applicable copyright laws and other relevant laws and regulations. In addition, if we conclude that the UGC violates Article 9 of this User Agreement, or it interferes with our service operation, we may, without prior notice, remove, move to other places or refuse to post the respective UGC.
7. Each member agrees and allows us or such party as designated by us to
use UGC under the conditions set out in this User Agreement; the purpose
and the method are as follows:
1) Company may create derivative works by any means including translating, arranging, modifying, adapting, and/or recording UGC.
2) Company may duplicate, perform, transmit, display, distribute, and/or rent (Collectively referred as to “Duplicate”) UGC and its derivative works or allow its members or third parties to Duplicate UGC and its derivative works.
3) When Company wants to Duplicate certain UGC or allow its members or third parties to Duplicate it for profit, Company must seek agreement with the author of the UGC.
8. Terms and conditions for us to use the UGC created by a member according
to Paragraph 7 of this Article are as below:
1) The media/platform for the UGC to be used includes a PC, a portable
device, an application, etc. already known or all types of media, device or
technology to be developed.
2) The purpose of UGC usage may be commercial or non-commercial.
3) The scope of UGC use shall include copy, modification, editing, performance, exhibition, broadcast, distribution, rent, public transmission, creation of secondary copyright material, other uses and etc. You irrevocably consent (in accordance with applicable copyright laws) to us using, copying, modifying, editing, performing, exhibiting, broadcasting, distributing, renting, publicly transmitting and creating secondary copyright material in respect of your UGC without any further reference to you or attribution of authorship.
4) The conditions for use of UGC shall be non-exclusive and continuous
transferrable free right, and the UGC is impossible to cancel and subject
to sublicensing.
9. For the future, a member may withdraw the permission to use his/her UGC
in accordance with Paragraph 7 of this Article based on the procedures
notified or individually instructed by us.
10. A user who has suffered a legal damage from the information posted on
the message board and etc. provided by us may explain the infringement of
his/her rights to us and request removal of such information or make a
request to post a refutation message. In such cases, we will quickly take
necessary actions and notify the applicant of the request of the result.
11. Paragraph 4 of this article shall be effective during our operation of
the services and shall continue to apply after withdrawal of membership.
12. Members retain the intellectual property rights for any derivative works based on their UGC, except when such intellectual property rights are attributed to Company or a third party by relevant laws or per this User Agreement.
22.
Community Service
· We may provide community services such as boards and timelines, etc.
where users can upload postings (“Community Service”).
· Users shall comply with terms and conditions for use, operation policy
(“related terms”) and operation guidelines applicable to Community Service
(“Operation Guideline”) when using this Community Service.
· There shall be a community manager (“Community Manager”), managing the
community for each individual community established by a user; and the
Community Manager shall manage the community according to the related terms
and Operation Guideline.
· Community Manager holds the overall authority for operation within the
scope of related terms and Operation Guideline when users use the community
and shall continuously manage the community in order to prevent users from
any harm or disadvantage with respect to their postings.
· User shall not upload postings with contents prohibited by this User Agreement, the related terms and Operation Guideline when using the Community Service, and the user who uploads such posting shall be held accountable for the violation.
· We and the Community Manager may delete any posting prohibited by this User Agreement, the related terms and Operation Guideline, and the user who uploads such posting may be regulated according to this User Agreement, the related terms, Operation Guideline and applicable laws.
· If a community is not properly managed for a long period in spite of continuous postings prohibited by this User Agreement, related terms and Operation Guideline, we may force the community to close in order to maintain order within Community Service.
23.
Membership Withdrawal
A member has the right to terminate these terms and conditions (“ Withdrawal of Membership”). However, to prevent the
illegal use of Service for a certain period after the Withdrawal of
Membership, we may keep the personal information of the member and restrict
re-signing up for the game in accordance with the Privacy Policy.
Despite the abovementioned paragraph, a user can apply for Withdrawal of
Membership from each individual mobile game provided by us. When a member
applies for Withdrawal of Membership from each individual mobile game, such
Withdrawal of Membership will be completed after a certain grace period set
by each game's policy. Such grace period set by each game’s policy shall
not exceed 30 days.
When a member requests Withdrawal of Membership, it can be processed
accordingly through the customer center or other Withdrawal of Membership
methods provided within the services.
24.
Termination by us
We may terminate a user’s use of our services with prior notice when a user
breaches any of his/her responsibilities stated in these terms and
conditions. However, we may terminate without any prior notice to the user
when the user has violated a law or has caused damage to the Company
intentionally or by being grossly negligent. Such intentional or grossly
negligent breach, violation of a law or damage to the Company is determined
at our own discretion.
When we terminate your use, we will notify the user of the following in
writing, e-mail or other methods of the reason for termination and the
termination date.
You will lose your right to use any Paid Services and will not be able to
claim any refund or compensation from us.
25.
Service restrictions against users
We may restrict use in the following cases:
· Partial Character restriction: Restricts chat and other features of
Character for a certain period of time.
· Character restriction: Restricts user's Character for a certain period or
permanently.
· Account restriction: Restricts use of User’s account for a certain period
or permanently.
· User restriction: Restricts use of service by User for a certain period or permanently.
When we have the just and proper reason for restriction (e.g. when a user breaches any of his/her responsibilities stated in these terms and conditions), we will not make up for the loss to the user caused by the restriction.
Based on the Act on Promotion of Information and Communications Network Use
and Information Protection of the Republic of Korea and enforcement decree
thereof, we may terminate use for users who have not used service for 1
year (hereinafter referred to as “Dormant Account”) and discard personal
information and take necessary actions. In such cases, we will inform user
of the actions to be taken, retention period of personal information and
type of personal information to be kept 30 days prior to such action.
Despite the previous section, we may keep the personal information of the
user if a separate storage period is set by relevant laws or by the request
of the user.
Users may raise a formal objection to the restriction by following the
procedure we issue. If we consider that the formal objection has merit, we
will resume providing services promptly.
In addition, specific regulations of terms and conditions of service that
may restrict the user shall be set by each game's operation policy.
26.
Temporary restrictions
We may restrict a user account in the following circumstances until
investigation is complete:
-
· If the account is reported to be hacked or stolen
· If the user is suspected to have used an illegal program or work in an
illegal gaming workshop
If we consider there is a need to restrict the account due to circumstances
giving rise to concerns similarly raised in the above scenarios.
In these scenarios, we will provide the user with an amount equivalent to
the period of suspension and extend the user's service usage period. If
such extension is not available, we may compensate by providing an
equivalent Paid Service or STOVE Cash to the user. However, if the user is
found to have violated the terms as listed in this item, no compensation
shall be provided.
For each case of violation, we will take the details of violation, number
of violations, and violation results into consideration and set the
specific reason for restriction and procedure as per the Operation Policy.
When we restrict use of the services, this will be notified to the user by
e-mail or posting on the start screen of the service screen or on the
website. However, in the case of partial Character restriction (including
chatting or gift/item exchange restriction) in-game, prior notice may be
limited. We will inform the user of:
-
· Reason for usage restriction
-
· Type and period of restriction
-
· How to raise objections.
To raise an objection to restriction, the user shall submit a document
explaining the reason for raising objections to us in writing or by e-mail
within 15 days after the restriction.
After accepting the objection from the user, we will reply to the user
about the objection in writing or by e-mail, telephone, in-game counseling
or other methods within 15 days. If we do not reply to the user within 15
days, we will notify the user of the reason and processing schedule. We
will take necessary actions depending on the content of the reply.
27.
Compensation
If Paid Service you purchased is lost due to our fault, we will restore it
to the original status. If the lost data cannot be restored, we will make
compensation with another Paid Service equivalent to the one lost, or
refund the amount that was spent for the purchase of the Paid Service.
If you violate these terms and conditions and cause damage to us, you will
be liable for damage or loss which we suffer.
If damage is caused while you are using partnership services provided by
us, and if you agreed to the terms and conditions of the partnership
service, the provider of the partnership service shall be responsible for
the damage or loss.
28.
Limitation of Liability
Except for intentional conduct or gross negligence, and except as provided in Article 27, above, in no case will we be liable for an damages or losses arising through your use of, or the unavailability of our service, however caused. Without restricting the generality of the foregoing, we will not be liable for:
We will not be liable for:
· providing services in the event of an outbreak of war, natural disaster,
emergency situation, or technical malfunction hard to solve with current
technology
· interruption of services, service errors or termination of user’s use of
service caused by the user
· any damage or loss of the user caused by improper or discontinued network
service, unless it was caused intentionally by us or by our gross
negligence
· service error and/or discontinuance of services caused by the scheduled
repair, exchange, regular maintenance, temporary maintenance, construction
and other inevitable reasons, unless it was caused intentionally by us or
by our gross negligence
· any and all problems caused by user's device or network circumstances
that were not caused intentionally by us or by our gross negligence
· information, data, reliability, or accuracy of information posted by the
user or a third party within the services or the website, unless it was
caused intentionally by us or by our gross negligence
· disputes between you and a third party related to our services, and do
not have any responsibility to compensate for any loss caused by such
disputes
· services not meeting your expectations of or damage or loss caused by
your choice of services
We have no responsibility regarding any in-game virtual assets, rating,
rank, or points of the User.
To the maximum extent permitted by law, we are not responsible for the termination of partnership service, usage malfunction and other problems related to the partnership service unless it was caused by our fault.
We will be exempt from any responsibility in case of (i) damage or loss caused by user’s system error, (ii) damage or loss caused by absence or incorrectness of personal information or e-mail address to the maximum extent permitted by law, unless it was caused intentionally by us or by our gross negligence.
We may restrict service hours depending on the type of the user in
accordance with relevant laws or government policies, and shall not be
responsible for problems caused by such service restrictions.
Some services we provide are provided via engaging other service providers, and to the maximum extent permitted by law, we shall not be responsible for damage or loss caused by the service of other service providers, unless it was caused by us intentionally or by our gross negligence.
You acknowledge and agree that you are liable for the consequences of any
activities you engage in which are contrary to the User Agreement,
including any infringement of our intellectual property rights or a third
party's intellectual property rights. You also agree to indemnify us for
any losses, costs and expenses which we suffer directly or indirectly as a
result.
We have agreements with third party businesses to enable us to provide the gaming platform to you and are bound by the terms and conditions of those agreements. If you have a dispute with one of these businesses in connection with your use of the gaming platform, you agree that you will contact the business directly, that you will not involve us in your dispute and that we are not responsible for any losses, damage, or harm which you may suffer in relation to the use of our gaming platform.
where you suffer any loss in connection with the gaming platform, you must take all reasonable steps to minimise your loss, including notifying us without delay if there are steps we can take to help minimise your loss. Further, subject to Your Consumer Rights set out in Article 30, we are not liable:
· for any loss that was not reasonably foreseeable to you and us; and
· to the extent that your loss was contributed to by you or any other matter outside our reasonable control.
29.
Complaints
For your convenience, we provide ways to submit user claims on the
start screen of our gaming platform or on our website. We have a
department that handles user feedback or claims.
When feedback or claims submitted by users are acknowledged as being just, we will take necessary actions within a reasonable period of time, having regard to the nature of the complaint. However, if the estimated time to take such necessary action is too long, the reason for the delay and schedule will be notified to the user on the website, by e-mail or in writing.
If a third party mediator is involved to mediate a dispute between Company
and the user, Company may follow the mediation suggested by the mediator
with proving sanctions against the user in good faith.
30.
Guarantee
We provide services "as is" without any explicit or implicit guarantee.
Therefore, we do not guarantee any service status, continuous usage of
service, marketability, suitability for certain purpose, or
non-infringement in any way other than it is stated in these terms and
conditions, and you are responsible for any and all risk occurred while
using our services unless it was caused intentionally by us or by our gross
negligence. However, the abovementioned limitation, and any other limitations and exclusions under this User Agreement, may not be applied when relevant laws enforceable in the country or region of your residence do not allow any exclusion or limitation of your rights, including any implicit guarantee or consumer rights.
31.
User Notifications
We may notify you via email or by electronic message within our services.
Alternatively, we may notify you by sending notifications to all users by
way of posting the notification on our website or the gaming platform or on
a pop-up screen for 7 days or more. User shall comply with any policies or
notices we issue from time to time.
32.
Events that may cause us to reject your application for an account or
end our relationship with you
If you provide incorrect or false information when submitting the application form
we request or illegally use another person's personal information, the
rights granted to you shall be withdrawn, and in such circumstances we may
revoke or terminate our relationship with you and not provide you with any
compensation (including any refund, except as required by applicable law).
We may choose not to accept an application for use of our services or
revoke such acceptance and remove an account in the following circumstances:
· If an application does not include the information we request.
· If you fail to make payments or payment information cannot be
corroborated.
· If a credit card, wired/wireless phone, bank account or the like of a
third party is illegally used to make payments for our services
· If you access our services from a country we have not yet decided to
provide service in, and if there is a need for us to restrict provision to
users who access the service from certain countries or by agreements made
with foreign service providers
· If the purpose of application for use of our services, or the use of, or access to, the services itself, violates the law
· If we decide at our sole discretion that you are or have engaged in
illegal behaviors (e.g., use of illegal programs, fraud, hacking, etc.) or
there exists possibility of such illegal behaviors by you to interrupt our
business
· If the purpose of application for use is to make profits
· If the number of requested "account (ID)" exceeds the limit for each
service
· If your use has been terminated by us previously for violation of the
User Agreement and you have submitted a new application
· other cases where we consider such case improper to accept, due to
circumstances similar to those listed above.
In the following cases, we may postpone acceptance or revocation and removal of an account until the reason for postponing is cleared:
· If we do not have enough facilities or are experiencing technical
problems
· If there is an ongoing service error or a payment error
· other cases equivalent to the cases listed above, which Company considers
acceptance of the application for use of services impossible.
We may categorize users who have submitted an application based on Company
policies and relevant laws to differentiate range of services, service
hours, and service menus. We may request additional information to make
modifications to the range of services or to provide additional services.
33.
Monitoring and removing information
While we have no obligation to do so, we may, in our discretion from time to time, access, read, monitor and/or record any information or content you post, display or publish on the gaming platform, including your UGC and information or content in the messenger service, profile service or community service, and you consent to any such access, reading, monitoring and recording by us. Any information collected in this way may be used by us to ensure compliance with this User Agreement, including investigation of potential violations of this User Agreement, to ensure compliance with applicable laws and to protect the rights and personal safety of our users.
If, at any time, we choose to monitor the gaming platform, we nonetheless assume no responsibility for the content on the gaming platform and assume no obligation to modify or remove any inappropriate content.
We have the right, but not the obligation, in our sole discretion from time to time to modify, refuse to post, remove or disable access to, or otherwise make unavailable, any information or content on the gaming platform, including any UGC and information or content in the messenger service, profile service or community service, at any time and without notice, including if we consider that any such information or content is in violation of this User Agreement, harasses, bullies or is offensive or harmful to others, contains pornographic material or is otherwise not in the best interests of others.
We have the right to investigate violations of this User Agreement or any conduct that affects the gaming platform and services. We may also disclose any content or information to law enforcement authorities as required by applicable laws, and you expressly consent to this disclosure.
34.
Jurisdiction and Governing Law
In the event of a dispute, you agree to use your best endeavors to resolve such matter with us amicably. If a resolution cannot be reached, the matter may be submitted to the competent court in accordance with the Civil Procedure Act of the Republic of Korea. However, if you reside in a country outside of Korea, such disagreement, dispute, or controversy shall be submitted to the exclusive jurisdiction of the Seoul Central District Court in Seoul, Korea.
This User Agreement will be governed by and construed in accordance with the laws and regulations of the Republic of Korea.
If consumer laws applicable in the country or region of your residence require local law to govern or give you the right to resolve disputes in another forum despite this User Agreement, then this Article applies to the maximum extent permitted under the applicable consumer laws.
Notwithstanding any terms in this User Agreement, you may have other rights under laws enforceable in the country or region of your residence. This User Agreement does not alter, modify or exclude any rights under those laws to the extent that those laws do not permit us to do so.
If any provision of this User Agreement is invalid under the law enforceable in the country or region of your residence, that provision is enforceable in that country or region to the extent that it is not invalid, whether it is in severable terms or not.
