Article 1 Purpose
These terms and conditions are intended to specify the basic provisions
related to the use of the service between the service user (hereinafter
referred to as the User) who uses all game services, website services and
other related services (hereinafter referred to as service(s)) provided
by DAERISOFT (hereinafter referred to as the Company) via a device, and
the Company.
The table of contents of these terms and conditions is as follows.
Article 1 Purpose
Article 2 Terms and definitions
Article 3 Effectiveness, application and changes of the terms and
conditions
Article 4 Rules and regulations other than the terms and conditions
Article 5 Entering into a service use agreement
Article 6 Protection and use of personal information
Article 7 Company's obligations
Article 8 User's obligations
Article 8 Copyright for posts
Article 10 Provision of information and Advertisement Insertion
Article 11 Provision of service
Article 12 Use of service
Article 13 Change and termination of service
Article 14 Limitation of service use
Article 15 Purchase, term of use and use of paid contents
Article 16 Payment
Article 17 Withdrawal of subscription and refund of purchase price
Article 18 Effectiveness of subscription withdrawal
Article 18 Refund of overpayment
Article 20 Termination of contract and service use
Article 21 Compensation for damages
Article 22 Disclaimers
Article 23 Jurisdiction and applicable law
Article 2 Terms and definitions
The terms and definitions used in these terms and conditions are as
follows.
1. User refers to a person (member or nonmember) who uses all games and
related services provided by the Company after entering into a use
contract with the Company in accordance with these terms and conditions.
2. Contents refer to all digitally produced contents associated with the
services, including all games, network services, applications, game
money, game items, etc., provided by the company to be used via a device.
3. Device refers to equipment with which the user can use any downloaded
or installed contents, such as PC, mobile phone, smartphone, PDA, tablet
PC, handheld game console or game console.
4. Application refers to all programs downloaded and installed by the
user to the device described in Phrase 1, Clause 3 above for the purpose
of using the services provided by the Company.
5. Services refer to all services provided by the company to enable a
user to register his or her ranking, prepare a post, purchase game money
or items or use network games via either wired or wireless network
communication.
6. Nickname refers to a combination of letters or numbers that is
selected by the User and granted by the Company to identify the user for
the use of services.
7. Nickname information refers to general information which contains
information input or agreed upon by the user at the time of subscription,
and the User's game-related information including his or her character on
the service, items, experience level, etc.
Terms and definitions used in these terms and conditions shall be in
compliance with the provisions specified in related regulations and/or
the Company's policy for each service, with the exception of those
specified in Article 2, Paragraph 1 above. Those that are not specified
in any of these shall be in accordance with general commercial practices.
Article 3 Effectiveness, application and changes of the terms and
conditions
These terms and conditions become effective immediately when these
terms and conditions are stipulated in the Company's website or the
contents for the use of services, and the user installs and runs the
applicable contents.
Agreeing to these terms and conditions means that the user consents to
check and confirm any changes in these terms and conditions on a regular
basis.
The Company may change all or part of these terms and conditions
according to related laws and regulations or in order to improve the
User's rights and obligations where deemed necessary, and any changes to
the terms and conditions shall be announced to the user for 7 days (30
days for changes that may significantly affect the User's rights and
obligations) prior to their effectuation, via the Company's website or by
other available means. The changes shall become effective on the date on
which such changes are applied.
If the Company changes the terms and conditions, the User shall have
the right to disagree with all or part of the revised version of the
terms and conditions (refusal of agreement on revised terms and
conditions). In this case, the user may terminate his or her use of the
service and cancel the subscription. However, if the User does not
express his or her disagreement with the revised terms and conditions to
the Company within 30 days from the date on which the revised terms and
conditions take effect, he or she shall be deemed as having consented to
the revised terms and conditions.
Article 4 Rules and regulations other than the terms and conditions
Items not specified in these terms and conditions shall be in accordance
with the Act on Promotion of Information and Communications Network
Utilization and Information Protection, Etc., the Electronic
Communication Fundamental Law, the Telecommunications Business Act, the
Criminal Law, the Civil Law and other related regulations. However,
rights and obligations may be guarantetheed or limited pursuant to other
policies specified by the Company, such as terms and conditions for paid
services or service operation policy.
Article 5 Entering into a service use agreement
The use contract shall be entered into by the request of the user for
the use of service, including the installation of the application and
consent to the terms and conditions, and the acceptance of such request
from the User by the Company.
Consent to the terms and conditions shall be expressed by agreeing to
the terms and conditions provided by the Company on its website, or by
the collection of personal information in the application together with
the agreement to the statement, "I agree to the terms and conditions
associated with the use of DAERISOFT service." The agreement is entered
into immediately when the application is run. Running the application
without the process of consent prior to the revision date or effective
date shall be deemed as consent. However, if the User does not agree, the
User may cancel his or her consent by logging out of the application and
deleting it.
Article 6 Protection and use of personal information
The Company shall strive to protect the personal information of the
User in accordance with the related laws and regulations, and shall
comply with the related laws and regulations as well as the Company's
policy on privacy protection. However, the Company's privacy policy does
not apply to websites linked to the Company's official website.
Depending on the characteristics of the service, the user's nickname
and photo or other information introducing him or herself may be
disclosed.
Where necessary, the Company may request the User to submit a copy of
his or her identification card or equivalent after the notification of
the reason (intended use) for such request. The Company shall not be
allowed to use the information contained in the copy of the User's
identification card for purposes other than those notified in advance,
and the aforementioned information shall be disposed of immediately when
the intended purpose of its collection has been achieved.
The Company shall not provide the User's personal information to a
third party without the consent of the User, except when requested by a
government agency pursuant to the related laws and regulations.
Article 7 Company's obligations
If an opinion or complaint raised by the User is deemed to be
objectively legitimate, the company shall take appropriate action within
a reasonable period of time. However, if immediate handling is impossible
or impractical, the Company shall report the reason for the delay in
corrective action and the expected handling schedule to the User.
The company shall protect the User's personal or privacy information
including his or her account information, not only to prevent a leak from
the service system under the Company's control but also to prevent its
disclosure or provision to a third party.
In the event of equipment failure or loss of data during the service
improvement activities for constant and stable service, the company shall
strive to repair or restore the situation without delay unless there are
unavoidable factors such as natural disasters, emergency situations or
technical difficulties that are difficult or impossible to resolve.
Article 8 User's obligations
The User shall comply with the provisions specified in these terms and
conditions, other related regulations defined by the Company and
notifications from the Company. In addition, the User shall not perform
any act that may disturb the Company's activities or besmirch the
Company's reputation.
The User shall comply with the related laws and regulations including
the Juvenile Protection Act. Violation of related laws and regulations
including the Juvenile Protection Act shall be punished pursuant to the
applicable laws and regulations.
The user shall not be allowed to engage in any business activities
using the service provided by the Company without the prior approval of
the Company, and the responsibility for the outcomes of such business
activities shall lie with the User. In addition, if such business
activities performed by the User cause any damages to the Company, the
Company may restrict the use of the service for the User or demand the
User pay compensation for losses to the Company through legal procedures.
The User shall frequently check the notifications posted on the
Company's website and changes in the terms and conditions.
Article 9 Copyright for posts
The rights and responsibilities for the works posted by the User while
he or she is using the service shall belong to the User.
The copyright and other intellectual property rights for the works
created by the Company shall belong to the Company.
If any of the following is deemed to be applicable to post(s) made or
delivered by the User, the Company may delete such post(s) without prior
notification, and may refuse the registration of such post(s).
1. Post includes content that defames, infringes privacy or affects the
reputation of another user or a third party
2. There is a possibility that the post may adversely affect the stable
operation of services
3. The post is considered to be related to criminal acts
4. The post includes content that infringes the intellectual property
right or other rights of the Company or a third party
Article 10 Provision of information and Insertion of Advertisements
The Company may insert advertisement(s) in order to maintain the
service, and the User shall agree to the insertion of advertisements that
will be exposed while using the service.
The Company shall not take any responsibility for damages or losses
generated from the participation, communication or transaction by the
User with the advertisement specified in Paragraph 1 above, which is
provided by the Company but is subject to a third party.
The company may request additional personal information of the User
for the purpose of service improvement or service introduction. The User
may accept or refuse the request to provide his or her additional
personal information.
The advertisements specified in Paragraph 1 above or information
specified in Paragraph 3 above provided using the personal information
collected from the User with prior consent may be sent or forwarded via
SMS, smartphone notification or email, and the User may refuse to receive
such advertisement or information at any time.
Article 11 Provision of service
The service use contract shall be deemed to have been entered into at
the time when the User agrees to these terms and conditions, downloads
the game(s) developed by the Company or uses the contents through the
network connection. However, some services may be commenced on a
designated date according to the Company's needs.
The Company may provide game service to the User and may provide other
additional services associated with the game service, including services
specified in these terms and conditions.
The Company may grade users depending on the use hours, number of uses
and scope of service provided.
Article 12 Use of service
The Company shall provide its services 24 hours a day and 7 days a
week unless there is an operational or technical problem. However, when
deemed necessary for operational purposes such as regular system
maintenance, expansion and replacement of servers or unstable network
conditions, the Company shall notify users of the temporary suspension of
service(s) in advance on its website.
Notwithstanding the provision stated in Paragraph 1 above, the Company
may temporarily limit or suspend its service(s) without prior
notification for emergency or unavoidable reasons. In this case, the
Company may notify users of the service suspension in an ex post facto
manner.
The company may perform regular maintenance to ensure stable service
provision, and the regular maintenance schedule shall be announced on its
website.
In the event of an uncontrollable situation such as war, incident,
natural disaster or equivalent national emergency, or circumstances in
which normal service provision is deemed to be impossible due to
blackout, service equipment failure, service use congestion or
maintenance of a key telecommunications service provider's equipment, the
Company may suspend all or part of its services, and notify users of the
reason and period of such suspension on its website in advance or in an
ex post facto manner.
The company shall provide services via dedicated application or
network for smart devices, and the user shall download and install
required application(s) via the network communication to use the
service(s) on a free or paid basis.
Paid service shall be available to use after the payment of the fee
specified in the applicable service is completed. Separate fees may be
charged to the User by the wireless carrier to which the User subscribes
in the course of downloading the application or using the service.
Service that can be used with the application downloaded and installed
on a mobile device or via the network service shall be provided according
to the characteristics of the smart device or wireless carrier. In the
event of a smart device change, phone number change or international
roaming, all or part of the content functions may be disabled. In this
case, the Company takes no responsibility.
The Company may restrict or limit the service use hours depending on
the service provided or the user pursuant to the related laws and
regulations or the government's policies. In addition, the Company does
not take any responsibility for issues related to the restriction or
limitation on the use of game(s).
Article 13 Change and termination of service
The Company may change its service as needed for operational or
technical purposes. Details of the service to be changed and the change
schedule shall be provided to the users in advance via the Company's
website or on the app start screen. However, in unavoidable circumstances
that cannot be controlled or handled by the Company, such as fatal bugs,
equipment defects or urgent security issues, the Company may notify users
in an ex post facto manner.
If it is necessary to suspend all or part of the service for reason of
changes in the market environment, technical needs, decreased preference
of users for individual service or other circumstances related to
planning, operation or an emergency situation in the Company, the Company
may suspend the provision of service after announcing such suspension of
service 30 days prior to the suspension date on its website or on the
start screen of the app, or through a notice in the game environment. In
the event of the aforementioned suspension of service, the User shall not
have any right to request the provision of service or compensation for
the suspension of service.
In any of the following circumstances, the Company may restrict or
suspend all or part of the service.
1. A force majeure situation such as war, incident, natural disaster or
national emergency
2. Normal use of service is affected by blackout, failure of related
equipment or excessive use requests
3. Maintenance is required on service related equipment
4. The company's internal circumstances prevent the provision of service
The company does not take any responsibility for issues or problems
originating from the change or suspension of service.
Article 14 Limitation of service use
The User shall not engage in any of the following acts. If the user
engages in such acts, the Company may restrict the user's ability to use
the service, delete the related information (writings, photos, videos,
etc.) or take other use limitation measures.
1. Input of false information at the time of application, changes or
registration, or deception on others.
2. Illegal use of another person's information
3. Change to the program belonging to the Company without any authority
granted by the Company, hacking of the Company's server(s), arbitrary
change to all or part of the Company's website or information posted
thereon or abnormal use of service provided by the Company
4. Impersonation of an executive or employee of the Company
5. Abuse of bugs detected in the program developed by the Company
6. Acquisition, transfer or trading of service assets (ID, character,
item, game money, etc.) in an abnormal or unauthorized manner.
7. Harm to service or intentional service disturbance
8. Any business activities using the Company's service without prior
approval
9. Reproduction of information obtained from the Company's service for
purposes other than the use of the service without prior approval from
the Company, use of such information for publishing or broadcasting
purposes or provision of such information to a third party
10. Circulation of content that infringes patents, trademarks,
confidential operational information, copyrights or other intellectual
property rights, through transmission, post or other available means
11. Circulation of vulgar or obscene contents in the form of information,
text, images, sound or video which are in breach of the Juvenile
Protection Act or other laws through transmission, post or other
available means
12. Circulation of vulgar or obscene contents that depict criminal acts
or incite criminal acts in the form of information, text, images, sound
or video that are against public order and morals, by means of email or
other available means
13. Circulation of contents by means of transmission, post or other
available means, which are severely insulting or related to personal
information that may defame or infringe another person's reputation or
privacy
14. Harassment or threats against other user(s), or action against a
particular user that causes pain or discomfort in a continual manner
15. Collection or storage of personal information of other user(s)
without approval from the Company
16. An act that is objectively judged to be related to crime
17. Violation of these terms and regulations as well as related rules
and/or use conditions defined by the Company
18. Other acts in violation of other related laws and regulations
Article 15 Purchase, term of use and use of paid contents
The User may purchase paid contents according to the payment policy of
each app store operator depending on the kind of terminal the User uses
for the service. Due to differences in the payment policies, the payment
amount may vary. In addition, the purchase amount of paid contents is
charged according to the method and policy specified by the wireless
carrier associated with the app store operator, platform operator or app
store operator. The payment method or procedures may also vary depending
on the policy of each operator.
The paid contents purchased by the User in the game service can be
used only with the terminal to which the required application is
downloaded and installed.
The term of use of a unit of paid content purchased by the User shall
be 1 year in principle. After the term of use has expired, the User shall
lose the right to use the applicable paid content. However, paid contents
with a separate term of use shall be subject to the specified term of
use. The User is allowed to use paid contents only on his or her account
unless specified otherwise by the Company, and paid contents shall not be
transferred, leased or traded to a third party.
Article 16 Payment
Payment amount for a unit of paid content shall be charged according
to the policy and method specified by the wireless carrier or app store
operator, and payment shall also be made in accordance with the
prescribed method. Payment limits may be granted or adjusted for each
payment method depending on the Company and the payment method provider
(wireless carrier, app store, etc.) and the government's policy.
If the User does not use the password setting function for the
terminal or open market, or inadvertently exposes his or her password,
the Company take no responsibility for any consequential damages or
losses such as payment to a third party.
Article 17 Withdrawal of subscription and refund of purchase price
Purchase of any paid contents by the User may be cancelled within 7
days from the contract date or the date on which the use of paid contents
purchased is available without any extra charges. However, in relation to
paid contents provided for free from the Company or a third party as a
gift or giveaway, paid contents that have already been used at the time
of cancellation request, paid contents that are considered to have been
used, or some paid contents with characteristics equivalent to the
aforementioned ones, the cancellation of subscription (or purchase) may
be restricted pursuant to Article 17, Paragraph 2, Clause 2 or 3 of the
Act on the Consumer Protection in the Electronic Commerce Transactions,
etc., or Article 16-2 of the Online Digital Content Industry Development
Act. In such case, the Company shall take an appropriate measure
specified by related laws and regulations, such as providing notification
to the User at the time of purchasing the paid content.
In the following cases, the cancellation of subscription to paid
contents shall be restricted and the Company shall notify the user of the
restriction on the cancellation of subscription at the time of purchasing
the applicable paid content.
1. Item whose use starts simultaneously to its purchase, or which is
applied to the application immediately
2. Item obtained without payment in the process of normal use of the
application
3. For an item that comes with additional benefits, when the additional
benefits are used
4. A part of a bundle type item is used
5. A capsule type/stochastic type item for which the opening of the item
can be regarded as the start of use, or the opening determines its
benefit
The refund shall be in accordance with the refund policy of each app
store operator depending on the operating system of the terminal in use.
Paid contents the User has obtained through compensation during the
game service rather than through a payment process which provides a
normal purchase history, or which have been provided by the Company as
gifts or giveaways for internal events or external partnership events
shall not be refundable.
Cancellation of a subscription or refund requested by the User shall
be preceded by a separate consent to the privacy information handling and
the confirmation of purchase history reviewed by the Company. In this
process, the confirmation of purchase history is carried out by the
platform operator or app store operator. The Company may contact the User
to verify the integrity of the legitimate reason for cancellation of the
subscription, and may request the submission of additional evidence.
The purchase of paid contents on sale in the application by a minor
without consent from his or her legal representative may be cancelled by
the minor or the legal representative. However, if such payment is within
the scope of property that is permitted or approved by the legal
representative to be spent or disposed of by the minor, or resulted from
the minor's act of deceiving the Company into believing that he or she
was a legitimate adult, the cancellation may be restricted. The
verification of whether or not the user purchasing paid contents is a
minor shall be based on the information for the payment method, such as
the terminal or credit card with which the payment is made. If a minor
requests the cancellation of a payment that has already been made, the
documentary evidence demonstrating the identity of the minor and his or
her legal representative may be required to be submitted, where
necessary.
Payment through the application shall be made in accordance with the
payment method provided by the open market operator. Therefore, any
request for the refund of overpayments occurring in the payment process
shall be submitted to the open market operator. However, when possible
depending on the open market operator's policy or system, the Company may
request the open market operator to implement the necessary refund
procedures.
Payments for paid contents made through the gift function are not
refundable in principle unless the paid contents purchased have a defect.
For a paid content with defects, only the user who sent the paid content
as a gift may request the refund.
The Company shall strive to complete the refund process as soon as
possible after the date on which the related documents necessary for the
refund are delivered from the User.
Article 18 Effectiveness of subscription withdrawal
If the Company receives goods from the User, the Company shall refund the
money within 3 business days. However, for a payment method requiring
receipt confirmation, the applicable money shall be refunded within 3
business days from the date on which the receipt is confirmed. In this
case, if the Company delays the refund, the Company is responsible for
the penalty interest calculated based on the interest rate prescribed by
the related laws and regulations.
Article 19 Refund of overpayment
Overpayments attributable to the Company's fault, whether intentional
or not, shall be refunded to the User. However, if there are any
overpayments originating from the User's fault, whether intentional or
not, the expenses incurred from the refunding process shall be charged to
the User, within a reasonable scope.
Payment through the application shall be made in accordance with the
payment method provided by the open market operator. Therefore, the
request for the refund of overpayments occurring in the payment process
shall be submitted to the open market operator. However, where available
depending on the open market operator's policy or system, the Company may
request the open market operator to implement the necessary refund
procedures.
Fees (telephone charge, data charge, etc.) incurred from application
download or the use of network service may not be refundable.
Article 20 Termination of contract and service use
The User may terminate the contract through the termination of his or
her subscription or the withdrawal of membership whenever he or she does
not want to maintain the use of service. In the event of the withdrawal
of membership, all the information of contents the User possesses at the
time of withdrawal is deleted and is not recoverable.
In any of the following circumstances, the use contract may be
terminated or the service use may be restricted for a specific period of
time.
1. User registers false information at the time of application for
service use
2. User intentionally disturbs or hinders the operation of services
3. User illegally uses another person's service ID and password
4. User transmits a large amount of information or advertisement
information for the purpose of disturbing the stable operation of
services
5. User circulates computer virus programs, causing damages to the
Company and/or users
6. User defames another person's reputation, or engages in acts causing
disadvantages to another person
7. User infringes the intellectual property rights belonging to the
Company, another member or a third party
8. User reproduces or distributes information obtained from the service
provided by the Company without prior approval from the Company, uses
such information for commercial purposes, or transmits messages in the
name of the Company
9. User inserts pornography or links to pornographic sites into the
service
10. User engages in other violations of Company's service policy
In the event of the termination or suspension of the use contract
according to the previous provision above, the applicable User shall
neither be able to use the contents downloaded, nor be eligible for the
refund of the prepayments of paid contents, data use charges and monthly
plan.
Article 21 Compensation for damages
The Company takes no responsibility for any damages to the User
related to the use of the free service provided by the Company. However,
the Company shall compensate the User for damages that are deemed to be
attributable to the Company.
For an individual service provided to the User by the Company in
partnership with an individual service provider along with the User's
consent to the terms and conditions for the individual service, the
responsibility for any damages to the User that are attributable to the
individual service provider shall lie with the individual service
provider.
Any damages to the Company that are attributable to the User violating
his or her obligations specified in these terms and conditions or that
have been caused by the user while using the service shall be compensated
by the User.
If the Company is subject to a lawsuit or complaint including a damage
claim suit from a third party due to an illegal act or a violation of
these terms and conditions by the User in the course of using the
service, the applicable User shall be responsible for indemnifying the
Company at his or her own expense. If the User fails to indemnify the
Company, the User shall be responsible for making compensation for any
consequential damages to the Company.
Article 22 Disclaimers
In the event that it is impractical to provide services due to natural
disaster or equivalent force majeure, the Company shall be exempted from
all responsibilities related to the service provision.
The Company shall be exempted from all responsibilities related to
damages attributable to unavoidable reasons such as maintenance,
replacement, regular inspection or installation of service equipment.
The Company does not take any responsibility for the suspension or
failure of service attributable to the User. The Company shall be
exempted from all responsibilities for damages to the User if such
damages originated from the suspension or abnormal provision of
communication service by the key telecommunication service provider.
The Company does not take any responsibility for the credibility,
accuracy, etc. of the information and materials posted by the User with
regard to the service.
The Company is not obliged to intervene in a conflict between Users or
between a User and a third party in terms of or in the process of service
use, and is not responsible for making compensation for any damages
thereof.
Free services and contents provided by the Company are not included in
the scope of damages subject to compensation. However, damages
attributable to an intentional or significant fault on the part of the
Company shall be subject to compensation.
The Company shall not take any responsibility for the User in terms of
failure to achieve the anticipated points or rankings in the use of
service, and is exempted from the responsibility for damages or losses
caused by the selection or use of options by the User.
The Company shall not take any responsibility for losses to the User's
experience level, ratings, items, game money, and the like unless such
losses are attributable to the Company.
The Company shall not take any responsibility for problems caused by
faults or malfunctions of the User's terminal environment or network
environment which are not attributable to the Company.
Article 23 Jurisdiction and applicable law
If an issue not specified in these terms and conditions is defined by
related laws and regulations, such issue shall be handled in accordance
with the applicable laws and regulations.
Any litigation over the conflict between the Company and the User with
regard to the use of service shall be filed to the court of competent
jurisdiction based on the related laws such as the Civil Procedure Code.
Litigation between the Company and the User shall be subject to the
laws of the Republic of Korea.
These terms and conditions shall be effective on August 26, 2013.
Date notified: August 19, 2013
Date enforced: August 26, 2013