Vespa Inc. Terms of Service

Article. 1 (Purpose)

The following Terms of Service regulate all the game and general services provided by Vespa Inc. (hereinafter referred to as ‘Company’).
 

Article. 2 (Specific Terms)

Below is the list of used terms.

1. ‘Users’ are referred to the consumers who are using all games and other services (Including general members and temporary members), and can be categorized as below.
1) General Members: The members who have received an official company account after providing personal information. ‘An account’ is a combination of numbers and characters that can identify the user about service use.
2) Temporary Members: The members who are using the service with a temporary account that they have received without providing their personal information. When temporary members reset their device or delete the content from their device, the temporary account will be reset and game data will be reset as well.
2. "content(s)"means information such as text, audio files, music, images, videos, software, programs, computer code, and the like that are used at information and communications network (In accordance with Subpara. 1 of Para.1 of Art.2 of the law regarding promotion of information and communication network use and protection of information). It includes all digital components for the Service, such as game, network service, application, game money, item money.
3. “Charged content’ is the content that users can purchase by making payments to acquire charged game cash (Para.1 of Art.16), and other game related items.
4. “Post” is referred top all information that is uploaded on the company’s official cyber bulletin board (Company’s official website (www.vespainc.com), In-app board and company’s official social network service board), including characters, documents, images, voices, videos, and mixture of listed.
5. ‘Device’ is referred to electronic equipment which can be used to download and install content, such as PC, smartphone, and tablet.
6. ‘Service’ is referred to entire network service provided from the company, regardless of the type of devices.
7. “Application” is referred to all types of downloadable or installable programs via devices (Para.1) to use provided service from the company.
8. “Open Market Provider” is referred to an e-commerce provider that allows you to install the game any make payments (A provider that allows you to make in- game payments, including a telecommunication company).
(i.e. Google Play Appstore, Apple Appstore, and etc)
9. “Payment Gateway” is a merchant service provided by an e-commerce application service provider that authorizes payments via web. Payment Gateway system is valid only in Thailand and Vietnam.
10. “Platform Provider” is a provider or a service that provides cooperate services to a client’s game services.
11. “Cash” is a virtual data that is being used in game applications provided from the company. Users can use cash for the company’s charged service and purchasing in- game content or items
12. “In-App Payment” is referred to all in-app payments that are provided by the company for purchasing cash, items, and other charged content.
13. “Web Payment” is referred to all payments via a website provided by the company to purchase cash, items, and other charged content.
14. Definition of terms used in Terms of Service will be based on the related laws, except the definitions that are set as default in this Terms of Service.
 

Article. 3 (Provision of Company Information)

The Company must provide the following information in an easy to read fashion on the initial screen of the Service or the Company website(www.vespainc.com) for the User to easily identify. However, the Privacy Policy and Terms of Service can be seen by utilizing a link to another page.
1. Name of Business and Representative
2. Business Address (Including the address of which Users can file complaints to.)
3. Phone number, e-mail address
4. Company Registration Number
5. Mail Order Business Identification Number
6. Privacy Policy
7. Terms of Service
 

Article. 4 (Effects, modifications, applications of the Terms of Service)

1. Terms of Service will go into effect when a user installs and runs the downloaded application.
The company must display detailed Terms of Service on the company’s website (www.vespainc.com) or application screen.
2. The Company may modify the Terms of Service or Separate Terms and Conditions when the Company deems necessary, without providing prior notice to Users complying with “Regulation of Standardized Contracts Act” and “the law regarding promotion of information and communication network use and protection of information”
3. In case that the company modifies the Terms of Service in accordance with Art 2, the company must post an announcement on the company’s official homepage (www.vespainc.com), café, and application bulletin board about the modification minimum 7 days, maximum 30 days prior to the modification. However, if the modified Terms of Service include important or unfavorable details, the company must notify of modified details to the users via one of the listed methods: email, app messages, agreement pop-up window upon login, and mobile text messages in addition to the 30 day prior notification.
4. Users have rights to reject the modified Terms of Service. Any users who have an objection to the modified Terms of Service may stop and cancel the service (Cancel the membership).
5. If a user does not declare objection until the stated date of application even after confirming the detailed modification notice complying with Art 3, it will be considered that the user has agreed to all modified Terms of Service.

 

Article. 5 (Regulations outside of Terms of Service)

Article and Item details outside of stated Terms of Service will comply with regulations of the company’s Terms of Service the law regarding promotion of information and communication network use and protection of information, and the protection of consumers. If there are not detailed regulations stated in company’s Terms of Service and other laws, details will comply with normal commercial practice.
 

Article. 6 (Operational Policy)

1. Articles and Items required to apply the Terms of Service and details delegated by deciding a specific scope can be specified in the Service Operational Policy (hereinafter referred to as ‘Operational Policy’).
2. The Company must provide the details of the Operational Policy to the User by means of displaying it on the Service website, official community or link to specific webpage.
3. Any changes, including the following Subparagraphs, to the Operational Policy shall adhere to the process stated in Para 3. of Art 4.
1) If any changes are made to the delegated details specified by the Terms of Service
2) If any changes are made that are not related to the User’s Rights or Responsibilities
3) If the content of the Operational Policy is not different from what the Terms of Service specifies and the changes made can be predicted by a reasonable User
 

Article. 7 (Providing User Consent)

1. Users that wish to access Service being provided by the Company must agree to the Terms of Service and provide the Company with their consent by a separate initial page or form provided on the Service Website(www.vespainc.com).
2. Users must provide any information requested by the Company when agreeing to the Terms of Service and providing consent.
3. The Company may require the User to verify their identity. The process and method will adhere to any related regulations.
4. Users must provide accurate information when requesting to use the Service in accordance to Para 1. Users will not be able to make claims based on the User Rights specified in this Terms of Service should they have provided false information or information of another User. The Company has the rights to terminate or suspend the Service agreement in such cases and the User shall not be eligible for refunds
5. Minors(Users under the age of 18) will require the consent of a legal guardian in order to request to use the Service. The specific procedures will be provided by the Company in accordance with the Juvenile Protection Act.
 

Article. 8 (Agreement of Terms of Service)

1. Users will be accepting the Terms of Service by installing the application and ticking ‘Vespa Game Service Terms of Service’. The company must approve the user’s agreement for the service use.
2. The Company has right to disapprove or cancel the agreement afterwards under conditions in subparagraphs.
1) If a user requests access to the Service in violation of Art. 7 such as providing false personal information, provision of other’s personal information or in case a user did not provide necessary information.
2) If a user does not have the ability of paying required payments or the payments cannot be verified due to erroneous payments
3) If a Minor has not received the consent of their legal guardian or if the Company cannot verify the consent
4) If a user has record of being suspended from the Service in the past 3 months
5) If a user has record of purchasing charged content by using other’s credit card, wire phone/mobile phone, or bank account without permission
6) If the Company must restrict access to players from a certain nation that is not yet being directly serviced in order to comply with the agreements of a local service provider
7) If a user has an intention to use the Service as a means to conduct illegal actions outlined by the 『GAME INDUSTRY PROMOTION ACT』or any related regulations
8) If the Company deems the request otherwise inappropriate in accordance to subparagraph 1 or 7
9) Application under the purpose of activities that may hinder public order or customs
10) If a user has an intention to use the Service for purposes other than the Service's true intent.
11) If a user has an intention to use the Service for other commercial purposes.
12) If a user has violated any one of stated regulations
3. Company has rights to hold the approval until the issues are solved under stated subparagraphs
1) If the company does not own enough equipment for stable service
2) If the company is not capable of stable service due to unexpected business or technical issues
3) If there is a technical or business issue with providing Service
4) If the company cannot approve the user’s agreement for any other reason that conform to the other subparagraphs
5) If there is any ‘member’ found who is capable of taking inappropriate actions
4. If there is any case the company approves, declines, or holds the user’s agreement on Terms & Service in accordance with the stated Article, the company has a duty to inform the fact to the user.
 

Article. 9 (Protection & Usage of Personal Information)

1. The Company will take appropriate measures in order to protect User personal information and the protection & usage of collected personal information will comply with the related law and Privacy Policy. However, the Privacy Policy shall not apply to any services outside of the Service provided by the Company.
2. Certain information that is not related to the Personal Information of a User such as nicknames · character image · status and other information can be used to present oneself may be published due to the characteristic of the Service.
3. The Company shall not provide the personal information of a User without the consent of the User unless requested by the investigating agencies of regulatory bodies following the appropriate procedures.
4. The Company shall not be responsible for User’s leaked information due to cause attributable to the User.
 

Article. 10 (Company’s Obligation)

1. The Company has the obligation not to hinder any of stated Terms of Service and constantly try their best toprovide stable service.
2. The Company ought to try their best to protect user’s personal information (Including credit information) for stableservice, hence complying with Privacy Statements is a must.
3. The Company must try their best to fix or restore any technical issues or data loss issues to maintain a continuous and stable Service unless unable to do so due to natural disasters, national emergency or technical issues that cannot be solved by contemporary technology.
4. The company must try their best to construct and to maintain their system and manpower for processing user’s discontent and loss recovery request at any time. If the user’s opinions or complaints are objectively admitted, they ought to handle the issue within the reasonable period, but if it is going to take longer than expected, the company must inform the user of the reason and further process schedule.
5. The company must make it a rule to provide stable service for 24 hours a day throughout the year, unless the company has business or technical issues. However, the company also has rights to stop or limit the service in accordance with Art. 13 Para.2.
 

Article. 11 (User Responsibility)

1. Users must not do any action that violates stated subparagraphs while using the company’s service.
1) Users must not provide another user’s information or false information to the company when sending personal information about user inquiry, charged content recovery or refund request, and event winning.
2) Activities that lead to misrepresentation of a third party, or intentionally providing false information, provision of other’s personal information, registered information, purchasing charged content by using other’s credit card, wire phone/mobile phone, or bank account without permission.
3) Activities that exchange the right to use the Contents(ID, character, items, game money etc) into cash, property or other economic benefits without Company's authorization.
4) Activities of duplicating, distributing, using company’s information via service and application without company’s prior approval, or abusing its service by means of known or unknown bugs.
5) Activities that allow you/or a third party to gather economic benefits by using the company’s service or provided application.
6) Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract.
7) Activities that deceive any third party to make profits, or give damage to any third party by means of unfair play.
8) Activities of defamatory and inflicting damage to others.
9) Activities such as publishing unauthorized advertisement or promotion materials, posts that include links to pornographic websites, or exchanging obscene information.
10) Activities of sending or spreading sounds, texts, images, video clips to the other party that lead to humiliation and displeasure.
11) Activities that induce users to bet their fortune for gambling and speculation.
12) Activities of sending, publishing, spreading, using virus, other computer codes, files, and programs that were intentionally created for the purpose of interrupting or destroying device functions, computer software, hardware, or information that is forbidden to be uploaded (Computer program) in accordance with the stated Terms of Service.
13) Activities that gain unauthorized access to the Service, accounts registered or others’, or to networks from which portions of the Service are provided, including by circumventing or modifying, attempting to circumvent or modify, or assisting or encouraging any other person to circumvent or modify, any security, technology, device, or software that is part of the Service
14) Activities of publishing or sending mails by means of impersonating any other person, including a representative or employee of the company.
15) Activities that use the Service for sales, marketing, advertisement, political activities, illegal election campaign purposes without the Company’s approval.
16) Activities of intentionally interfering with the Company’s operation of the Service, and sending false information that can interfere with stable operation of the Service.
17) Activities that may hinder public order or customs, or that may be in contravention of stated Terms of Service.
2. Users have the obligation to check the notice and modifications regarding Terms of Service frequently via the Company’s website (www.vespainc.com) or application, and they must not to take any action that can interfere with the Service.
3. Users must not allow a third party to use their personal accounts. If the user finds out that his/her account or personal information has be used by the third party, the user must notify it to the Company and has to follow further guides, and if the user does not follow as the Company’s guide, the user has full responsibility of possible damages and loss (e.g. Even if a third party made a payment on the charged content, the user is still responsible for the payment).
4. Users must use and manage password functions to prevent third parties from using their account to make purchases on the open market. The Company will not be held responsible for damages caused by the User’s irresponsibility.

 

Article. 12 (Service Provision)

1. The Company shall allow access the Service to Users that have agreed to the Terms of Service in accordance with Art. 7 and 8. However, the Company may provide access to certain Services from a specified date should the Company need to do so.
2. The Company may provide other services to the User in addition to the Service specified by this Terms of Service.
3. The Company may identify Users into categories and differentiate access time, number of uses, content a User can access based upon the aforementioned categories.
 

Article. 13 (Service Access)

1. Service will be provided at designated times in accordance with the Company’s business policy. The Company shall announce the designated times on the application screen or Service website.
2. Despite Art. 1 the Company can limit or stop some or entire Service in accordance with the stated subparagraphs. In any cases, the Company shall inform Users of details in the official website and application. However, the Company may inform the Users afterwards if there is an irresistible reason to do so.
1) In case of system maintenance, server expansion or exchange, network instability or other reasons required to operate and sustaining the system
2) In case of blackout, system failure, heavy network traffic, equipment or service maintenance of a telecommunication service
3) In case of irresistible force such as war, natural disaster, or state of national emergency
3. The Company shall provide Service for mobile devices via a dedicated application or network. Users will be able to access the Service for free or paid for bey downloading and installing the application or network.
4. Paid content must be paid for in full to the amount stated for the relevant Service in order to be accessed. Additional costs may occur when downloading the application by a network or accessing the Service based on the agreement with the User and their Open Market Provider.
5. Applications that are downloaded and installed or Services accessed by networks are provided according to the Device or Open Market Provider. Users may be unable to access all or certain content when changing Devices or phone numbers or when using overseas roaming functions. The Company shall not be responsible for the inability to access content in such cases.
6. Applications that are downloaded and installed or Services accessed by networks may run in the background. Extra costs may occur according to Device or Open Market Provider characteristics. The Company shall not be responsible for the extra costs that occur in such cases.
 

Article. 14 (Service Modification and Termination)

1. The Company has the rights to modify the Service if required to do so by operational or technical needs in order to provide better Service and will notify Users of such changes before they are implemented. However, the Company may notify the Users about the changes after the fact if the Service requires immediate changes due to issues such as, but not restricted to, Bugs · Errors and other problems that may greatly affect the Service.
2. The Company has the rights to terminate the Service if it is no longer possible to provide the Service in such cases as business closure due to business transfer · division · merger, expiration of the Service contract, management issues due to decrease in profits from the Service etc. The Company must notify the Users at least 30 days prior to the termination with information on the Termination Date · Reason for Termination · Compensation Conditions on the initial Service screen or a linked webpage.

 

Article. 15 (Collection of Information)

1. The Company may collect · store chat records between Users and only the Company shall have access to these records. Restricted access to these records may be provided to the Company in order to mediate issues between Users, resolve complaints or to maintain order within the Service and to third parties that have been granted rights by local jurisdiction and regulations.
2. The Company must provide prior notification to the User of the reason and range of records being viewed if the Company or third party access the records in accordance to Art. 1. However, the Company may provide notification after the fact if the records need to be accessed in order to investigate · process · verify prohibited acts stated in Art. 11 subparagraph 1 or in order to remedy damages caused by such actions.
3. The Company may collect information User device information(settings, specifications, operation system, version etc) excluding User personal information in order to provide better and more stable operations and to improve service quality.
4. The Company may request additional information from Users in order to improve the Service or introduce User specific Services. The User may accept or refuse such requests and the Company must notify the User that they can refuse the request when notifying the User.
 

Article. 16 (Provision of Advertisements)

1. The Company reserves the right to show advertisements related to Service operations within the game Service. The Company may also send information or advertisements via e-mail, SMS(LMS), Smart phone notification (Push Notification) etc to Users that have agreed to receive them. The User may at any time decline to receive such information or advertisements and the Company must not send information or advertisements once the User has declined.
2. Third party advertisements or services may be introduced by banners or links provided within the Service provided by the Company.
3. The Company cannot guarantee the reliability, stability, etc for any service that is provided by a third party through advertisements or links as mentioned in subparagraph 2 as it is not included in the Service provided by the Company. As such, the Company shall not be held responsible for any damages that occur by using such a service. However, the Company may be help responsible in such a case where measures to facilitate the occurrence of damage or to prevent damage was not taken by intention or negligence of the Company.
4. The User’s consent to this Terms of Service includes consent to advertisements on the Company webpage or in the Service.

 

Article. 17 (Attribution of Copyrights)

1. The copyrights of content and other intellectual rights within the game service created by the Company shall belong to the Company.
2. Users must not use or allow others to obtain commercial benefits without the prior consent of the Company or provider through means of copy⋅transfer (including editing, publication, performance, distribution, broadcasting and creation of secondary works) from information obtained while using the Service provided by the Company that belongs to the intellectual property of the Company or provider.
3. Users agree to the Company using communications including chat text, images, sounds and all other data and information(hereinafter referred to as ‘User Content’) shown within the game or uploaded or transmitted through the application or game service by the User or another User under the following conditions.
1) Using, changing the editing format and other factors of the User Content(can be used in any form such as publication, reproduction, performance, transmission, broadcasting, creation of secondary works, etc and will have no restrictions on usage period or region)
2) The Company shall not sell, rent or transfer User Content for commercial purposes without the prior consent of the User that created the User Content
4. The Company shall not use User Content that is not unified with the game service(posts on third party webpages) and not shown in the game without the explicit consent of the User and the User may at any time delete such User Content.
5. The Company may without prior notification delete, transfer or deny the registration of User Content that it deems to be in violation of Art 11 Subpara 1.
6. Users that have had their legal interests infringed due to information on a website that the Company operates may request that the Company deletes or refutes the publicized content. The Company shall immediately take any necessary actions and will notify the applicant of such measures.
7. This Article shall remain valid throughout the game service even after a User withdraws their membership.
 

Article. 18 (Purchase, Expiry Date, Usage of Charged Content)

1. Users can make a payment to purchase all charged content related to the Service. With regards to this, detailed cost or payment method may differ from the type of Service, telecommunication provider, platform provider, or open market provider’s business policy.
2. A User can use purchased content only via the device installed with the application.
3. When purchasing charged content, a User must follow the expiry date stated on the content. However, in case of the Service suspension in accordance with Art.13 Para.2, charged content with unlimited period shall be expired on the stated date in the Service Suspension notice.
4. Users must use their purchased content in their account only, unless the Company mentioned another way to use it, and Users may not transfer or lend their account to any third party nor may their accounts inherited by any third party.

 

Article. 19 (In-App Payment)

1. The Company’s Application includes In-App payment function for purchasing items.
2. Users have a responsibility to utilize password settings function from the device, and password settings functions provided by open markets to prevent a third party from unauthorized In-App payment via the User’s device, and the Company bears a responsibility to apply In-App payment module & library in the application, in accordance with authentication procedures provided by local Communication Commission’s regulations, or ‘Open Market Mobile Content Payment Guide line’.
3. The Company shall not be responsible for any In-App payment damages inflicted by a third party upon the User’s negligence, such as not using the device or open market’s password settings function, and exposing the password to a third party.
4. If a User is using the Minor telecommunication plan to make an In-App payment from the device, it will be considered the user already had consent from parents or legal guardian.
5. A User bears a responsibility to pay the right amount of cost when making In-App purchase.
 

Article. 20 (Web Payment)

1. The Company provides a Web Payment other than In-App payment for the Service.
2. The Company shall not be responsible for any Web payment damages inflicted by a third party upon User’s negligence of exposing his/her account or password information.
3. Web payment is another way of payment method by purchasing prepaid card, and it is available only in Thailand & Vietnam.
 

Article. 21 (Cash & Points)

1. There are two types of cashes for the Service; (i) Cash that can be purchased via In-App payment (hereinafter referred to as ‘Paid Cash’) and (ii) Cash that can be acquired as a reward of in-game events or from the Company (hereinafter referred to as ‘Free Cash’), and they will be managed individually.
2. The Company can provide Mileage Points that can be used in the game service for free of charge (hereinafter referred to as “Free Point”).
3. If a User possess Paid Cash, Free Cash, and Free Points, and use them to purchase or use in-game content, (i) Paid Cash, (ii) Free Cash, (iii) Free Points will be deducted respectively as used amount.
4. Free Cash and Free Points are not eligible for the refund and compensation, and the Company shall not be responsible for possible requests.
5. Free Cash and Free Point use may be limited on their use in accordance with conditions. The Company shall notify Users of specific conditions (Expiry date, range of use, or others) via a notice.
 

Article. 22 (Purchase Withdrawal & Purchase Refunds)

1. Users reserve the right to make a withdrawal request (Purchase cancelation) regarding purchases that were made without commission via web payment site or application within 7 days of purchase or within 7 days of usable date.
2. Users cannot get a purchase withdrawal as stated on Para.1 under conditions stated on following subparagraphs that will be against the Company’s intent. However, with regards to the purchase of separate content, a purchase withdrawal will be valid except stated conditions on the following subparagraphs.
1) A charged content which will take effect right upon the purchase
2) A bonus content which has been used upon receiving it.
3) A content which can be considered ‘used’ upon opening it.
4) In the case where the content has gone through a process of consent on a screen related to the transfer of the Paid Content such as the message box or present box.
3. In the case of content that cannot be withdrawn pursuant to the provisions of Paragraph 2, the Company shall clearly indicate the fact in a place where the member can easily view, and provide a product for trial use of the content (allowing for temporary use, providing for experience, etc.) or if it is difficult to provide such a trial product, the Company shall provide information on the content so that the User may exercise their right to withdraw purchases. If the company does not take such measures, Users may withdraw purchases notwithstanding the purchase withdrawal restrictions stated in Para.2.
4. Para.1 and Para.2 notwithstanding, Users may withdraw purchases within 3 months of the content being available or within 30 days of knowing the fact that the Paid Content was different from what was notified · advertised or was implemented differently from the content of the contract.
5. Refunds will be processed in accordance to the refund policies of the relevant Open Market Provider and the specific procedures will be in accordance with Para.6. Any Paid Content will be deducted accordingly.
6. If a User sends purchase withdrawal or refund request, it will go through the personal information usage consent process by the Company customer center or the consigned company. Then, the Company shall confirm the User’s purchase list with the Platform Provider or Open Market Provider. During the process, the Company reserves a right to contact the User with provided information from the User for more precise confirmation, and also has a right to request an additional documented evidence. [e.g. A document which includes personal information registered in the Platform Provider, Purchase record in the Open Market, and a document that can prove the purchase had been made against the User’s will.]
7. The Company shall notify that purchase withdrawals may be requested by the Minor or legal guardian in the case where apurchase has been made by a Minor on a mobile device without the consent of the legal guardian. If a Minor has purchased charged content without legal guardian’s consent, the Minor or legal guardian are eligible for the withdrawal. However, if a Minor has made a payment within an approved amount of cost from the legal guardian or if the Minor made a payment by deceiving his/her age, withdrawal qualification will be limited.
8. The age of a User who made a payment on the content will be judged based on the registered personal information in the device or payment method such as credit card. In order of a Minor to send a purchase withdrawal request in accordance with Art.19, the Minor or legal guardian shall submit a document which can prove them as the Minor or the legal guardian upon Company’s request.

 

Article. 23 (Withdrawal for Minors)

1. If a Minor has purchased charged content without legal guardian’s consent, the Minor or legal guardian are eligible for the withdrawal.
2. If Minor has made a payment within approved amount of cost from the legal guardian or if the Minor made a payment by deceiving his/her age, withdrawal qualification will be limited, which is stated in Para.1
3. The age of a User who made a payment on the content will be judged based on the registered personal information in the device or payment method such as credit card.
4. In order of a Minor to send a purchase withdrawal request in accordance with Art.19, the Minor or legal guardian shall submit a document which can prove them as the Minor or the legal guardian upon Company’s request.

 

Article. 24 (Refunds of Erroneous Payments)

1. The Company shall refund any erroneous payments back to the User should such a case occur. However, if the erroneous payment was due to a mistake of the User and was not caused by the Company intentionally or by the Company’s negligence, the User will bear the actual cost required to refund the payment within a reasonable range.
2. Payments made via application shall follow the payment method provided by the Open Market Provider. Should an erroneous payment occur during the payment process, the User must request a refund from the Company or the Open Market Provider.
3. Any telecommunication costs(call charges, data usage costs) that occur whilst downloading the application or using network services may not be subject to refund.
4. The refund will be processed in accordance to the refund policy of the Company or the Open Market Provider being serviced on the operating system of the device the User accessed the Service from.
5. The Company may contact the User through the provided information to request specific information required to process the refund of erroneous payments. The Company shall process the refund within 3 business days after receiving the information required to process the refund from the User.

 

Article. 25 (User Service Restrictions)

1. Users must not violate User Responsibilities stated in Art.11. If the User violates the User Responsibilities, the Company may restrict the User’s access to the Service, delete relevant information (posts, images, videos etc.) and otherwise restrict the User from accessing the Service. The specific reasons and procedures for the restrictions shall be designated in a separate Operational Policy in accordance to Art.25 Para.1.
1) Restrictions from accessing certain functions: Restrictions on accessing certain functions such as chat for a limited period of time
2) Restrictions from accessing characters: Restrictions on accsing characters for a limited or permanent time period of time
3) Restrictions from accessing the User’s account: Restrictions on accessing the User’s account for a limited or permanent period of time
4) Restrictions from accessing the Service: Restriction from accessing the Service for a limited or permanent period of time
2. The Company shall not be responsible for any losses or damages the User experiences due to the restrictions levied in accordance to Para.1 should they be found to be justifiable.
3. The Company may restrict an account’s access to the Service until investigation is carried out under the following subparagraphs.
1) When a justifiable report is made stating that the account has been hacked or stolen
2) When the account is suspected of violating the Terms of Service such as using unauthorized programs or botting etc.
3) Any other reason that may require access to the Service to be restricted for an amount of time
4. The Company shall compensate the User with regards to Paid Services by extending the duration of the Paid Services equal to the amount lost or by providing the Paid Service or Cash equivalent for the time it took to investigate the account in accordance to Para.3. However, the Company shall not provide compensation if the User is found to be guilty of the reasons stated in Para.3.
5. The Company reserves the right to terminate the User’s Service contract after prior notification should the User be found to be in violation of the following subparagraphs or this Terms of Service, Operational Policy, related legislation. However, the Company terminate the Service contract without prior notification should the User be found in violation of legislation, important policies or if otherwise noted in the Operational Policy. In the case that the User is in possession of multiple accounts on the Service, the Company may terminate the Service contracts for one or multiple accounts.
1) In the case where the User provided false information when agreeing to the Terms of Service
2) In the case where the User fully hindered and interrupted the Service operations
3) In the case where the User stole another’s Service account and password information
4) In the case where the User purposefully transmits massive amounts of data or advertisement data in order to interrupt the stable operations of the Service.
5) In the case where the User engages in activities to spread virus programs that cause damage to the Company or other Users
6. If the User does not access any particular game under the “Service” of the Company for 5 years, the Company may consider that this contract has been terminated and all content information of the User for the game will be deleted and may not be recoverable.
7. The Company may restrict access of a User in the case where the User is attempting to re-register to the same or otherGame Services provided by the Company after the contract has been terminated due to the User violating one of the stated subparagraphs in Para.5 or after being permanently banned in accordance with Art.25 or the Operation Policy.

 

Article. 26 (Reasons & Procedures for Service Restrictions)

1. The Company specifies Art.25 Para.1 the reasons and procedures of the Service Restriction in accordance to the content · severity · frequency · results stated in Art.11 Para.1 in the Operational Policy.
2. The Company notifies the User of the following when restricting service to a User in accordance to Art.25 Para.1. However, the Company may notify the User after the fact if the restriction must be implemented immediately.
1) Reason for the Service Restriction
2) Type and period of Service Restriction
3) How to appeal against the Service Restriction
 

Article. 27 (Appeal Procedure against Service Restrictions)

1. In order to appeal against Service Restrictions imposed by the Company, the User must submit an appeal to the Company in writing, e-mail, or a similar method within 14 days from the date of receipt of the notification of this action.
2. The Company shall respond in writing, e-mail, or a similar method within 15 days from the date of receipt of the appeal in Para.1. However, if it is difficult to answer within this period, the company will notify the reason and expected process schedule.
3. The Company shall take necessary measures if the reason for the appeal is valid.
 

Article. 28 (Service contract Termination)

1. A User reserves a right to terminate the Service contract by quitting the account if the User no longer desires to use the Service.
2. If the member does not want to terminate the service use contract, he or she can withdraw his / her intention to withdraw within 7 days from the date of application for withdrawal of membership, and if 7 days elapse, the withdrawal (cancellation) process is completed. Upon completion of withdrawal (cancellation) due to membership withdrawal, all game use information held by the member within the game service will be deleted and recovery will be impossible.
3. If a User has violated one of the stated subparagraphs in Art.11 Para.1, the Company reserves a right to terminate the User’s contract or suspend the use of service for a certain period.

4. In case of service termination or service suspension, the Company shall notify the user of the reason or effective date via e-mail, in-game mail, or other methods.
5. If the service has been terminated or suspended in accordance with Para.3, the User no longer can use the Service content, and also not eligible for refunds on currency, mobile data fee, fixed monthly service fee that were made for using the charged content.
6. The Company does not collect personal information such as e-mail account address, password from a temporary user. If the device or platform has been reset, of if the game has been deleted, the Company cannot recover game information & data for the temporary user, and also shall not be responsible for the damage.
7. Upon Service contract termination, the Company shall delete all User’s personal information and data (Including content information in the account) except information which the Company shall keep in accordance with the Company’s regulation or Privacy Policy. If a User did not take any action even after the Company had notified the User of information deletion details, the Company shall not be responsible for inflicted damages.

 

Article. 29 (Compensation for Damage)

1. If the Company or a User has inflicted damage by violating the stated Terms of Service, each party shall be responsible for compensation for the damage. However, if it was the unintentional damage, each party shall be exempted from the responsibility.
2. If damage has been inflicted intentionally/unintentionally by the Individual Service Provider after a User has agreed to the Individual Service Terms of Service while the Company has a partnership with the Individual Service Provider, the Individual Service Provider shall be responsible for the compensation.

 

Article. 30 (The Company’s Exemption of Liability)

1. The Company is exempted from responsibility of service suspension caused by War, natural disaster, a state of national emergency, technical flaws that cannot be fixed, or other irresistible forces.
2. The Company shall not be responsible for service suspension/error due to cause attributable to the User.
In addition, the Company is exempted from responsibility for damage inflicted due to service suspension or error by a telecommunication provider.
3. The Company shall not be responsible for inevitable service suspension or error caused by Service repair, replacement, maintenance, and construction that had been announced in advance.
4. The Company shall not be responsible for any User’s discomfort of not achieving the target score or rank, and also shall not be responsible for damages inflicted by User’s choices that were made by their will.
5. The Company shall not be responsible for disadvantages or information loss caused by the User after changing personal information by himself/herself (Including account information).
6. The Company shall not be responsible for the User not being able to access all or certain content due to the User changing devices, phone numbers, Operating System(OS) updates, overseas roaming, telecommunication companies and other Service problem or network issues that are not related to the Company’s end. However, the Company shall be responsible in the case that damages that were caused by the Company intentionally or by the Company’s negligence.
7. The Company shall not intervene or be responsible for disputes between Users or between a User and a third party, and also no responsible for compensation for damages caused by the dispute.
8. The Company shall not assume responsibility for compensation to a User regarding free of charge service or content, unless the Company has a special regulation in the Terms of Service. However, the Company shall be responsible in the case that damages that were caused by the Company intentionally or by the Company’s negligence.
9. The Company shall not be responsible for damages caused by the User deleting content or account information provided by the Company. However, the Company shall be responsible in the case that damages that were caused by the Company intentionally or by the Company’s negligence.
10. The Company shall not be responsible for any losses experienced by a Temporary Member while accessing the Service. However, the Company shall be responsible in the case that damages that were caused by the Company intentionally or by the Company’s negligence.

 

Article. 31 (User Notification)

1. The Company reserves the right to notify Users by such methods as e-mail, e-memo, messages within the game service, SMS(LMS), etc.
2. In case of notifying all Users, the Company may replace the notification of Para.1 by announcing the notification in the game service or by popup screen for more than 7 days.
 

Article. 32 (Governing Law & Jurisdiction)

1. In the event of all contradictions between the Company and Users of Korea/Asia/America/Europe servers, both parties shall follow the Governing Law of Korea.
2. In the event of all contradictions between the Company and Japan sever Users, both parties shall follow the Governing Law of Japan.
3. In the event of all contradictions between the Company and TW,HK,MO sever Users, both parties shall follow the Governing Law of Taiwan.
4. In case there is any article that cannot be applied nor be enforced in accordance with legal judgment, it will be regarded as not valid. However, other articles will still be in effect.
5. All contradictions happened between the Company and the User regarding the Service must come to a peaceful and satisfactory settlement under an agreement from both parties.
6. If the contradiction cannot be closed as stated in Para.1, each party reserves a right to send dispute conciliation to Content Dispute Resolution Committee in accordance with the Cultural Industry Promotion Basic Act. Conflicts that arise from the Service or conflicts between Users and the Company related to the Service will be governed primarily under the exclusive jurisdiction of a competent court.
 

Article. 33 (User Grievance and Dispute Resolution)

1. The Company shall provide a way for Users to provide their feedback or complaints in the game service or linked webpage for User convenience. The Company shall assign dedicated personnel to address such feedback or complaints.
2. The Company must resolve the feedback or complaints provided by the Users within a reasonable period if they are objectively recognized to be legitimate. However, if the process is taking a long time, the Company may notify the User for the reason and expected process schedule within the game service or in accordance with Art.31 Para.1.
3. In the case where a third party arbitration agency mediates the dispute between the Company and User, the Company may follow the mediation of the agency by faithfully proving the actions levied against the User including Service Restrictions.
 

Article. 34 (Special Article Regarding Game Services for Testing Purposes)

1. The Company may conduct game services for the purpose of testing(called hereafter as “CBT”) before officially launching the service for the Users.
2. The CBT service may be subject to change, addition, deletion of game data in order to provide stable service and no compensation in the form of restoration, extension of play time, or compensation for damages will be provided. Any items, game money, characters etc that the User may have obtained during the CBT period will be reset at the end of the CBT period and may not be recoverable.
3. The Company reserves the right to suspend the CBT service without prior notice due to unexpected problems.
4. The CBT service period will be notified via the website or application of the Company or relative service.
5. In the event of all contradictions between the rest of the Terms of Service and this Article, this Article will have precedence over the Terms of Service.
 

Article. 35 (Some Service Limits for Minors)

1. Minors under the age of 19 are not eligible for any content that is harmful to juveniles serviced by the Company, in accordance with Juvenile Protection Act.
2. If a user desires to use content that is harmful to juveniles, he/she must go through with age verification in accordance with the related law. If the user does not accept the procedure stated in the Article, all related service content will be limited.
 

Article. 36 (Post Management)

1. The Company reserves the right to move User’s posts within the site if necessary, without any prior notice, and also has the right to delete the posts without prior notice if the Company has unavoidable reason, such as lack of system storage.
2. Users shall bear all responsibility for their posts, and they shall not post anything that infringes a third party’s rights. If a third party has filed objections and complaints regarding possible violations of their rights due to other Users’ posts, the Company reserves the right to take a temporary measure in accordance with the Terms & Conditions and notify the User.
3. If a third party makes the Company take legal responsibility, such as compensation for infringement of their rights due to other Users’ posts, the Company shall fully cooperate for the Company’s indemnification, and the User out to be fully responsible for the problem, unless the Company is responsible for the incident.
4. The Company reserves the right to delete, move, or refuse to upload the posts without prior notice in accordance with subparagraphs.
1) Posts for the purpose of harassments or libelous attacks against other User or a third party
2) Posts that may hinder public order or customs
3) Posts about selling User’s account or points
4) Posts for commercial purposes
5) Posts that contain details about criminal activities
6) Posts that infringe a third party’s intellectual property rights or other rights
7) Posts that violate the Company post rules, or that don’t fit to the board’s purposes.
8) Posts that interfere with the Company’s operation
9) Posts that can be regarded as criminal activities
10) Posts that include unauthorized advertisements and promotion materials
11) Duplicated posts that include the same content
12) Posts that encourage any illegal copying or hacking activities
13) Posts that are deemed to be violating other Terms & Regulations
 

Article. 37 (Event Rewards & Prize Money)

1. The Company can hold an event of which Users can obtain event rewards or prize money for a certain period.
2. If a User has attended the Company’s official event with false personal information or with inappropriate way, the Company shall cancel the User’s winning rewards.
3. The Company shall deliver the event rewards or prize money to winners after the process of deducting withholding tax of Public Charge and Tax
4. If the event winner is under the age of 20, the Company shall deliver the even rewards or prize money after having consent from the winner’s parents or legal guardian.
5. The Company reserves the right to cancel the event winner if the winner does not receive the event reward or prize money within 1 month after the event winner announcement.
6. The Company reserves the right to collect and utilize User’s personal information for the event reward or prize money delivery, all details must comply with the Company’s Privacy Policy.

These Terms of Service will be effective as of March 9th, 2021. 

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