HELLO STUDIO
TERMS OF USE
(INTEGRATED GAME SERVICES)
CHAPTER 1 GENERAL
PROVISIONS
Article 1 (Purpose)
The purpose of these Terms of Use (hereinafter
referred to as ¡°Terms¡±) is to define the rights, obligations, and other
necessary matters between Hello Studio (hereinafter referred to as ¡°Company¡±)
and the Member in relation to the use of games and ancillary services provided
by the Company.
Article 2
(Definitions)
(1) The definitions of terms used in these Terms are as
follows:
1. ¡°Member(s)¡± refers to an individual who has entered
into a user agreement with the Company by agreeing to these Terms and thereby
has obtained the authority to use all Game Services provided by the Company.
2. ¡°Platform¡± refers to devices that enable the
download, installation, and use of content, including but not limited to
personal computers, mobile phones, tablets, handheld game consoles, console
game devices, arcade game machines, and VR devices.
3. ¡°Game Service(s)¡± refers to games and all ancillary
services provided by the Company to Members through the Platform.
4. ¡°Content¡± refers to all paid or free digital
materials created by the Company in connection with the provision of Game
Services, including but not limited to characters, game currency, and items.
5. ¡°ID¡± or ¡°Account¡± refers to a combination of letters,
special characters, and numbers selected by the Member and approved by the
Company for the purpose of identifying the Member and using the Game Services.
It may also refer to a login account from another social media service
previously used by the Member.
6. ¡°Guest ID¡± refers to a temporary account granted
without an identification process via a simplified application procedure
provided by the Company.
7. ¡°Account Information¡± refers to all information
related to the account or ID, including personal data provided by the Member
(e.g., account, password, name), device information, game usage data (e.g.,
character information, items, level), and payment information.
8. ¡°Game ID¡± refers to a separate combination of
letters, special characters, and numbers created by the Member and approved by
the Company, used exclusively within certain Game Services.
9. ¡°Password¡± refers to a combination of letters,
special characters, and numbers selected and managed confidentially by the
Member to access and protect their account and personal data.
10. ¡°Post(s)¡± refers to information composed of text,
documents, images, audio, video, or any combination thereof posted by the
Member during their use of Game Services.
11. ¡°Membership Withdrawal¡± refers to the act of the
Member terminating the use agreement with the Company regarding the Game
Services.
(2) Except as defined in paragraph 1, definitions of
terms used herein shall be governed by applicable laws and operating policies.
In cases not defined by law or policy, commonly accepted practices shall apply.
Article 3 (Provision
of Company Information)
The Company
shall make the following items easily accessible to Members on the official
website (www.hellost.kr) (hereinafter referred to as ¡°Website¡±) or within the
Game Services. However,
subparagraphs 6 and 7 may be provided through linked webpages.
1. Company name and CEO name
2. Address of business office (including the address for
handling Member complaints)
3. Phone number and email address
4. Business registration number
5. Telecommunication sales business report number
6. Privacy Policy
7. Terms of Use
Article 4 (Effect,
Application, and Amendment of Terms)
(1) The Company shall notify Members of the provisions of
these Terms by posting them on the Company¡¯s official website operated by the
Company or by providing a linked screen, in a manner that allows Members to
easily understand the details thereof.
(2) A Member who agrees to these Terms and completes
membership registration shall be subject to the Terms from the time of such
agreement, and in the event of any amendment to the Terms, the amended Terms
shall apply from the time such amendment becomes effective. Agreement to these
Terms also means agreement to regularly visit the website to check for any
modifications to the Terms.
(3) The Company may
amend these Terms if deemed necessary. In the event of an amendment to the
Terms, the Company shall specify the amended provisions and the effective date
thereof and shall post them online via the website or on the Game Service
screen at least 7 days prior to the effective date. However, if the amendment
is disadvantageous to the user, the Company shall notify the Member no less
than 30 days prior to the effective date by the same method or by sending a
notification to the email address registered by the Member at the time of
membership registration. The amended Terms shall take effect from the effective
date as publicly announced or notified.
(4) Members reserve the right to object to the amended
Terms. Members who object to the amended Terms may cease use of the services
and terminate their user agreement. If a Member continues to use the services
after the effective date of the amended Terms, the Member shall be deemed to
have agreed thereto.
Article 5 (Governing
Law and Other Applicable Rules)
Matters not stipulated in these Terms and the
interpretation of these Terms shall be governed by the individual Terms of Use
and Operating Policies established by the Company as well as relevant laws and
regulations, including but not limited to the Act on the Consumer Protection in
Electronic Commerce, the Act on the Regulation of Terms and Conditions, the
Game Industry Promotion Act, the Act on Promotion of Information and
Communications Network Utilization and Information Protection, the Content Industry
Promotion Act, and the Personal Information Protection Act.
Article 6 (Operating
Policies)
(1) The Company may establish separate policies
(hereinafter referred to as ¡°Operating Policies¡±) within the scope specifically
delegated by these Terms so as to apply these Terms, protect the rights and
interests of Members, and maintain order within the game environment. Members,
by agreeing to these Terms, are also subject to the Operating Policies
applicable to each Game Service and any other supplemental services.
(2) The Company must notify Members of the details of the
Operating Policies by posting them on the website or on the Game Service
screen, or by providing a linked screen.
(3) In the event that an
amendment to the Operating Policies results in a significant change to a
Member¡¯s rights or obligations, or has the same effect as an amendment to these
Terms, the procedures set forth in Article 4(3) shall apply. However, in cases
where the amendment to the Operating Policies falls under any of the following
subparagraphs or does not have the same effect as an amendment to these Terms,
the Company shall notify Members in advance in accordance with paragraph 2 of
this Article and apply the revised Operating Policies:
1.
When
amending matters specifically delegated within a defined scope by these Terms;
2.
When
amending matters not related to the rights or obligations of Members;
3.
When
the amendment to the Operating Policies does not fundamentally differ from the
provisions set forth in these Terms and remains within the reasonably
foreseeable scope for Members.
CHAPTER 2 PERSONAL
INFORMATION MANAGEMENT AND PROTECTION OF RIGHTS
Article 7 (Protection
and Use of Personal Information)
(1) The Company shall endeavor to protect the personal
information of Members in accordance with the applicable laws and regulations.
The protection and use of personal information shall be governed by relevant
laws and regulations as well as the Company¡¯s separate Privacy Policy publicly
disclosed thereby.
(2) The Company shall not use personal information for
purposes not previously notified, and shall irreversibly destroy such
information upon fulfillment of its intended purpose.
(3) The Company¡¯s Privacy Policy does not apply to
services provided by third parties, including those linked to the main website
or individual Game Service websites.
(4) Depending on the Member¡¯s choices or the nature of
the service, certain self-introduced information (e.g., nickname, character,
photo, status message) may be disclosed to other Members.
(5) Members shall manage their personal information in
good faith for the purpose of using the Game Services, and shall update such
information in the event of any changes. Any loss or damage resulting from
delayed or omitted updates to personal information shall be the responsibility
of the Member. The Company shall bear no responsibility for any personal
information leaked due to a Member¡¯s fault.
(6) The Company shall delete personal information upon
the Member¡¯s request, which may be submitted through one-on-one inquiry on the
main website or via email. All Members may request deletion of personal
information, and no fee shall be charged in relation to such request.
CHAPTER 3 EXECUTION OF USER
AGREEMENT FOR GAME SERVICES
Article 8 (Application
for Use and Method)
(1) Any person desiring to use the Game Services provided
by the Company shall submit an application for membership (hereinafter referred
to as ¡°Application for Use¡±) by agreeing to these Terms and following the
procedures provided on the Company¡¯s website or on the initial screen of each
Game Service or Platform.
(2) Applicants must provide all information requested by
the Company at the time of application. However, the information required may
differ depending on the Platform the Member wishes to use.
(3) Anyone wishing to become a Member must enter his/her
real information in accordance with relevant laws and regulations when applying
for use in accordance with paragraph 1. If false names or identification
information are provided, or another person¡¯s identity is fraudulently used,
the applicant shall not be entitled to assert any rights as a Member under
these Terms, and the Company may cancel or terminate the user agreement without
any refund.
(4) Upon the conclusion of user agreement between the
Company and the Member, the Company shall manage the Member through their
account, and the Member may use the Game Services in accordance with applicable
laws, these Terms, and the Operating Policies.
(5) The Company may impose differences in the scope,
time, or availability of Game Services based on the information provided by the
Member during the application process. To provide optional services or adjust
the range of existing services, the Company may request additional information
from the Member.
(6) If an applicant is
a minor (defined as a person under the age of 18, including students enrolled
in high schools pursuant to Article 2 of the Elementary and Secondary Education
Act), the Company may require the consent of a legal representative.
(7) If the Member wishes to use services provided by the
Company through cooperation with a third party, separate terms of use provided
by the Company or such third party may require the Member¡¯s agreement. Matters
concerning the details of such service and the respective rights and
obligations between the Company, the third party, and the Member shall be
governed by separate terms, Operating Policies, etc., provided by the Company
or the third party.
Article 9 (Acceptance
and Restriction of Application for Use)
(1) As a general rule,
if an applicant accurately provides actual personal information and submits an
Application for Use, the Company shall accept such application unless there
exists a substantial reason not to do so. However, in the event any of the
following applies, the Company may deny the application or cancel its
acceptance even after the fact:
1.
If
the application violates Article 8 or Article 11(1) of these Terms;
2.
If
the applicant fails to obtain the consent of a legal representative pursuant to
Article 8(6), or such consent cannot be verified;
3.
If
the applicant falls under the category of Members whose re-enrollment is
restricted pursuant to Article 25(4) of these Terms;
4.
If
the applicant attempts to re-register within 1 month of voluntary withdrawal of
membership;
5.
If
the applicant attempts to access Game Services from countries or regions where
the Company does not provide such services, or by abnormal or circumventing
methods;
6.
If
the application is made for purposes prohibited by applicable laws and
regulations such as the Game Industry Promotion Act or the Act on Promotion of
Information and Communications Network Utilization and Information Protection,
etc.;
7.
If
the number of available IDs or Game IDs per Platform exceeds the limits set by
the Company, or the total ID retention exceeds the allowable limit;
8.
If
the application is made for fraudulent purposes or for pursuing commercial
profit through the use of Game Services;
9.
If
there exists any other reason similar to the above that renders acceptance of
the application inappropriate.
(2) The Company may
defer acceptance of the application until the relevant reason is resolved, if
any of the following applies:
1.
If
the Company lacks sufficient facilities or encounters technical difficulties;
2.
If
the applicant fails to follow the format or procedures designated by the Company;
3.
If
the applicant fails to complete mandatory procedures required under applicable laws and regulations;
4.
If
any other reason similar to the above renders the acceptance of the application difficult.
CHAPTER 4 OBLIGATIONS
OF CONTRACTING PARTIES
Article 10 (Company¡¯s
Obligations)
(1)
The Company shall comply with the
relevant laws and regulations and shall perform the exercise of rights and the
fulfillment of obligations as prescribed under these Terms in good faith.
(2)
The Company shall be equipped with
a security system for the purpose of protecting the personal information (including
credit information) of the Members, so as to ensure that the Members can use
the services in a safe and secure manner, and shall disclose and comply with
its Privacy Policy.
(3)
Except as otherwise provided by
applicable laws and regulations, these Terms, or the Company¡¯s Privacy Policy, the Company shall
not disclose or provide any personal information of the Members to any third
party.
(4)
In the event that a malfunction
occurs in the equipment or data is lost or damaged and thereby impedes the
provision of services, the Company shall use its best efforts to promptly
repair or recover the same unless such malfunction or failure results from a
force majeure event, emergency situation, or any defect or issue which is
impossible to resolve with the current level of technology.
(5)
If any opinion or complaint raised
by a Member is deemed to be reasonable by the Company, the Company shall
make efforts to address it immediately. If immediate resolution is difficult,
the Company may notify the Member of the reason for the delay and the expected
timeline for handling the issue via the telephone number or email address
provided by the Member.
Article 11 (Member¡¯s
Obligations)
(1) In using the Game
Services provided by the Company, Members shall not commit, nor intend or
attempt to commit, any of the following acts:
1.
Providing false information or using another person¡¯s
information when applying for use or modifying Member information;
2.
Stealing
or fraudulently using another Member¡¯s Account, Game ID, or Password;
3.
Transferring
(including by sale, donation, etc.), exchanging, or using as an object of
rights (including for collateral or rental purposes), for a fee, any in-game
data (e.g., IDs, characters, items, in-game currency, etc.) acquired through
the Game Services via methods not made available by the Company;
4.
Reproducing,
distributing, or commercially using, without prior approval from the Company,
any Content or information acquired through the Game Services provided by the
Company;
5.
Deceiving
others by using the Game Services to confer financial benefit to oneself or a
third party;
6.
Defaming
or inflicting economic damage upon others;
7.
Using
payment methods (e.g., credit card, mobile phone, bank account) without the
consent or authorization of the account holder to make payments or settle
service charges;
8.
Infringing
the intellectual property rights, publicity rights, or other rights of the
Company or any third party;
9.
Collecting,
storing, distributing, or posting the personal information of other Members
without their consent or the Company¡¯s approval;
10. Exploiting bugs or errors in the Game Services;
11. Deliberately disrupting the operation of the Game
Services, or sending unsolicited advertising or promotional messages contrary
to the expressed refusal of other Members;
12. Impersonating another Member or misrepresenting the
relationship with another Member;
13. Posting obscene or vulgar content or linking to
pornographic websites, or posting unauthorized advertisements or promotional
materials;
14. Using the Game Services in a manner involving
gambling or in other inappropriate or illicit ways;
15. Using the Game Services without the Company¡¯s consent
for commercial, promotional, political, electoral, or other purposes beyond the
intended use of services;
16. Sending messages, sounds, text, images, or videos to
other Members that cause embarrassment, disgust, or fear;
17. Unauthorized modification of existing information
posted within the Game Services;
18. Using or transmitting information or materials that
include viruses, source code, etc., designed to interfere with, destroy, or
impair the normal operation of the Company¡¯s software, hardware, or
telecommunication equipment;
19. Modifying the Game Services, adding/inserting other
programs into the Game Services, hacking or reverse engineering the Company¡¯s
servers, leaking or changing the source code or data of the Company¡¯s programs,
constructing or operating separate servers, or arbitrarily altering or
misappropriating portions of the Company¡¯s website without specific
authorization;
20. Impersonating or posing as the Company¡¯s employees or
operators, or posting messages or sending emails under another Member¡¯s name;
21. Promoting or advertising the acts described in
subparagraphs 1 through 20;
22. Any act that violates applicable laws and regulations
or is contrary to public morals or community standards, and is analogous to the
acts specified in the foregoing subparagraphs.
(2) If a Member
violates any of the subparagraphs of paragraph 1 above or incurs economic loss
or legal action as a result thereof, the Member shall bear full responsibility,
and the Company shall not be held liable in any respect. Furthermore, if a
Member causes damage to the Company by engaging in any of the aforementioned
acts, the Member shall be obligated to fully compensate the Company for all
such damages.
(3) Members shall have
an obligation to regularly review and comply with the provisions of these
Terms, the operating policies, and any other precautions or notifications
announced or communicated by the Company in relation to the Game Services.
(4) Members shall bear
full responsibility for the management of their account, personal computers,
mobile devices, and all authentication measures. The Company shall not be held
liable for any damages incurred due to a Member¡¯s negligence in managing their account,
personal computer, mobile device, or authentication measures, or for permitting
use thereof by a third party.
(5) Members are
required to establish and manage security features (e.g., password
configuration) to prevent unauthorized transactions on the Company¡¯s website
and the Platform in use. The Company shall not be held liable for any damages
arising from the Member¡¯s negligence in managing such security measures.
(6) The Company may set
forth specific details regarding the acts described in paragraph 1 through 5
above and the following matters in the operating policies, and Members shall
have an obligation to comply with such policies:
1.
Restrictions
on the use of account names, character names, guild names, and other in-game
identifiers set by Members;
2.
Restrictions
on the content and method of Member chat communications;
3.
Restrictions
on the use of the bulletin board and other service-related functionalities by
Members;
4.
Restrictions
on gameplay methods within the Game Services;
5.
Matters
deemed necessary by the Company for the operation of the Game Services,
provided that such matters do not infringe upon other Members¡¯ essential rights
to use the Game Services;
6.
Policies
related to ancillary services offered outside the Game Services;
7.
Policies
regarding affiliate services provided through external platforms.
CHAPTER 5 USE OF GAME
SERVICES AND RESTRICTIONS THEREON
Article 12
(Commencement of Service Use)
(1) The Company shall, in accordance with the provisions
of Article 9, enable a Member whose application for use has been duly accepted
to commence use of the Game Services without delay. However, with respect to
certain services, the Company may, at its discretion, initiate such services
from a date separately designated by the Company, or, where the execution of a
separate agreement is required, may commence provision of the service upon the
completion of the relevant procedures, including the consent to such separate
terms and conditions.
(2) In the event that the Company is unable to initiate
services due to operational or technical difficulties, it shall provide notice
thereof via the homepage or the respective Game Service website, or notify the
Members directly.
(3) The Company shall disclose the minimum or recommended
technical specifications required for use of each Game Service via the official
websites or community pages designated for each respective Game Service.
Members shall verify, at their sole responsibility, whether their device
specifications and the quality of their wired or wireless communication
networks meet the requirements necessary to use the relevant Game Service. For
the effective operation of the Game Services, installation of additional software
or programs may be required.
(4) Due to changes in environment (e.g., software
updates, technological advancements), the technical specifications required for
use of the Game Services may be subject to modification, and the Company shall
not bear liability for any consequences arising therefrom.
Article 13 (Provision
and Suspension of Services)
(1) When providing
Game Services, the Company may, in addition to the services stipulated under
these Terms, concurrently provide ancillary or supplementary services to
Members.
(2) The Company shall render the Game Services during
specific hours as determined in accordance with its operating policies. The
Company shall notify Members of the Game Service provision schedule through
appropriate means on its website or the initial screen of the Game Services.
(3) Notwithstanding
paragraph 2 above, the Company may suspend the provision of Game Services for a
certain period of time in any of the following circumstances:
1. Where it is necessary for maintenance, replacement or
regular inspection of ICT devices and equipment (e.g., computers), or for
modifications to the Game Services;
2. Where it is required to respond to electronic
intrusions (e.g., hacking), network outage, abnormal user behavior, or
unanticipated instability within the Game Services;
3. Where provision of the Game Services at certain times
or by certain methods is prohibited by applicable laws and regulations;
4. Where Acts of God, states of emergency, power
outages, service facility failures, or excessive service demand render normal
provision of the Game Services unfeasible.
(4) In the event
set forth under subparagraph 1 of paragraph 3, the Company may schedule a
suspension of Game Services in advance for a fixed duration. In such cases, the
Company shall notify Members at least 24 hours in advance via the website or
the initial screen of the Game Services.
(5) In the event set forth
under subparagraph 2 of paragraph 3, the Company may suspend Game Services
temporarily without prior notice. In such circumstances, the Company may
subsequently notify Members of the suspension via the website or the initial
screen of the Game Services.
(7) The Company shall
not be held liable for any damages incurred by Members in relation to the use
of free Game Services provided by the Company, provided, however, that the
foregoing shall not apply in cases where such damages arise from the Company¡¯s
willful misconduct or gross negligence.
(8) If, due to reasons
attributable to the Company, paid Game Services are suspended or malfunction
for a cumulative duration of 4 consecutive hours or more in a single day
without prior notice, the Company shall, only for accounts subscribed to
time-limited paid services, extend the access period free of charge by a
duration equivalent to 3 times the length of the interruption or malfunction,
and Members shall not be entitled to claim separate damages against the Company
in such instances. If the Company provides advance notice of a suspension or
malfunction due to reasons such as server maintenance, but the actual duration
of such suspension or malfunction exceeds 10 hours, the access period shall be
extended free of charge by the amount of excess time, and Members shall not be
entitled to claim additional damages against the Company.
(9) In the event
described in subparagraphs 3 and 4 of paragraph 3, the Company may terminate
the entirety of Game Services for technical or operational reasons, and shall
provide at least 30 days prior notice on the website prior to the suspension of
services. If advance notice is not feasible due to compelling circumstances,
the Company may provide notice after the incident.
(10) In circumstance in
which continuation of the Game Services becomes impracticable due to
substantial business reasons (e.g., business transfer, division, merger),
expiration of contract for provision of the Game Services, or significant
revenue loss, the Company may permanently discontinue all Game Services. In
such event, the Company shall notify Members, prior to the termination, of the
date of discontinuation, the reason therefor, and the terms of any applicable
compensation via the website, the initial screen of the Game Services, or
linked screens, and shall notify Members pursuant to the procedure set forth
under Article 38(1).
(11) In the event of
termination of the Game Services pursuant to paragraphs 8 or 9 above, Members
shall not be entitled to claim compensation for the termination of free Game
Services or paid Content with no remaining access period.
(12) Where the Game
Services are provided via mobile devices, such services shall be rendered in
accordance with the specifications and characteristics of the relevant mobile
device or mobile carrier. If the Member changes their mobile device or phone
number, or uses international roaming, certain or all Content provided by the
Company may become inaccessible, and the Company shall not be held liable in
such instances.
(13) Background
processing may occur in connection with Game Services rendered via mobile
devices. In such circumstances, additional charges may be incurred depending on
the specifications of the mobile device or mobile carrier, and the Company
shall not be held liable for such charges.
Article 14
(Modification of Services)
(1) Members shall use the Game Services in accordance
with these Terms, Operating Policies, and rules established by the Company, and
the Company shall retain comprehensive authority concerning the development,
modification, maintenance, and repair of the Game Services.
(2) The Company may, for operational or technical reasons
necessary to ensure effective provision of the Game Services, modify the
services and shall provide prior notice of such modifications within the Game
Services, Provided, however, that in circumstances involving urgent updates,
bug or error corrections, or where such modifications do not constitute
material changes, or are necessitated by unforeseen circumstances (e.g., server
equipment failure, urgent security issue), the Company may notify Members after
the modifications have been made.
Article 15 (Data
Provision and Collection)
(1) The Company shall clearly display the following
matters in a manner easily accessible by the Member on the website hyperlink or
the initial screen of the Game Services:
1. Title of the Game Product;
2. Rating Classification;
3. Classification Number of Rating;
4. Date of Production;
5. Declaration or Registration Number of the Game
Developer or Distributor;
6. Any other matters deemed necessary by the Company.
(2) The Company may
record and retain all communications exchanged between Members of the Game
Services, including but not limited to chats, letters, and private messages.
Where it becomes necessary for the purposes of dispute resolution between
Members, complaint handling, maintenance of order within the Game Services,
improvement of service, or investigation, handling, confirmation or remedy of
violations of laws, or material breaches of these Terms as defined under
Article 13 hereof, the Company may review such communications. Third parties
may only review such information if duly authorized under applicable laws and
regulations.
(3) In the event that
the Company or a third party accesses such communications pursuant to paragraph
2, the Company shall notify the relevant Member of the grounds for such access
and the scope thereof.
(4) The Company may
collect and leverage information regarding the settings and specifications of
Member terminals (e.g., computers), information regarding running programs, and
information concerning mobile devices (e.g., settings, specifications,
operating system, version, etc.), for the purpose of the stable and seamless
operation of the Game Services and quality improvement.
(5) The Company may
request additional information from the Member for the purposes of improving
the Game Services or providing information related thereto. In such
circumstances, the Member may either consent to or refuse such request, and the
Company shall notify the Member that refusal is an available option.
Article 16 (Provision
of Advertising)
(1) The Company may post advertisements within the Game
Services in relation to its operation. In addition, the Company may, with the
prior consent of the Member, transmit advertising information via electronic
mail, text message (LMS/SMS), push notification, or other communication
methods. In such cases, the Member may at any time refuse to receive such
advertising communications, and the Company shall cease sending such
communications upon refusal.
(2) Members may, through banners or links provided within
the Company¡¯s services, be connected to advertisements or services provided by
third parties.
(3) In the event a Member
is connected to advertisements or services provided by third parties pursuant
to paragraph 2, the Company shall not be held liable for any damages incurred
by the Member arising therefrom, as such services fall outside the domain of
the Company¡¯s services, and the Company does not guarantee their reliability or
stability. However, the foregoing shall not apply where the Company has
facilitated such damages through willful misconduct or gross negligence.
Article 17 (Ownership
of Copyrights and Other Intellectual Property Rights)
(1) Copyrights and
other intellectual property rights in and to the Content provided within the
Game Services shall be owned by the Company or the respective rights holder.
The Member is granted a limited right to use such Content solely within the
scope defined by the Company in relation to the use of the Game Services.
(2) The copyrights and
other intellectual property rights in and to materials posted by the Member
within the Game Services shall vest in the respective Member. However, the
Company may relocate or delete such posts without prior notice where necessary
for administrative or policy-related reasons.
(3) Any liability
arising out of posts made by a Member shall be borne solely by the Member, and
the Company shall not be held liable in relation thereto. In the event the
Company is subject to a claim for damages or other legal action due to a
Member¡¯s post infringing the rights of a third party, the Member who posted the
infringing content shall fully actively cooperate with the Company¡¯s defense,
and if the Company is not relieved of liability, such Member shall be held
liable for any damages incurred.
(4) The Member shall
not, for profit-making purposes or for the purpose of enabling a third party to
profit therefrom, reproduce, transmit, publish, distribute, broadcast, or
otherwise use or allow a third party to use Content to which copyrights or
other intellectual property rights are owned by the Company or a third party,
without prior written approval.
(5) Upon termination of
the user agreement under these Terms, the Member shall immediately delete or
return all Content provided by the Company, including the game client.
(6) Materials posted by the Member within the Game
Services (including but not limited to conversations, images, and sounds) may
be used in search results, services, or related promotional activities and may
be modified, reproduced, or edited by the Company to the extent necessary for
such uses. In such instances, the Company shall comply with applicable
copyright and other intellectual property laws. The Member may at any time
request the deletion, exclusion from search results, or privacy setting of such
posts via the Company¡¯s customer support or management functions within the
Game Services.
(7) In the event the Company receives a reasonable objection or
claim from a third party regarding a Member¡¯s post on the grounds of
infringement of copyrights or other intellectual property rights, or where such
post is deemed to contain prohibited content as defined under Article 13(1)
hereof, the Company may delete or reject the registration of such post without
prior notice. Matters regarding the posting suspension due to copyright or
intellectual property rights infringement shall be governed by the Copyright
Act and other relevant laws.
(8) Where a Member¡¯s statutory interests are infringed by
information posted on message boards run by the Company, such Member may
request the deletion of such information or the posting of a rebuttal. In such
case, the Company shall take necessary measures without delay and shall notify
the requesting Member thereof.
(9) This Article shall remain effective during the
Company¡¯s operation of the Game Services and shall continue to apply even after
the Member¡¯s withdrawal.
Article 18 (Hello
Cash)
The Hello Cash used for paid access of the Game
Services provided by the Company shall be governed by the ¡°Hello Cash Terms of
Use¡± separately set out by the Company.
Article 19 (Points)
(1) The Company may, during the course of providing the
Game Services, additionally grant points. Points may be awarded by the Company
either free of charge or for a fee in connection with access to particular
services, as compensation, prizes, or through events. Content obtained using
points provided free of charge shall not be subject to withdrawal of agreement
or refund.
(2) Details regarding the availability, nomenclature,
methods, and manner of using points may vary across different Game Services,
and certain points may only be used through separately operated pages by the
Company. Detailed guidance on how to use the points shall be provided via the
page for the respective service.
(3) The validity period of
points shall be as specified at the time of provision of the service, and where
unspecified, the validity shall be 3 months. Where points are not used within
the specified validity period or the default period of 3 months, they may
expire.
(4) In the event a
Member deletes their account, any points earned in such account may expire.
(5) The Company may
discontinue the points service for managerial, technical, or operational
reasons and shall notify the Members thereof at least 30 days in advance via
the website or other appropriate means. In such event, any unused points as of
the pre-announced termination date of the service shall expire.
Article 20 (Coupons)
(1) The Company may provide coupons, either for
consideration or free of charge, via the respective Game Service website or
application. Members may redeem coupons by entering their respective PINs and
exchange them for in-game items commensurate with the coupon¡¯s value.
(2) Members may purchase coupons via the payment methods
provided by the Company. The type of redeemable items, pricing, expiration
dates, and other characteristics of coupons shall vary, and the Company shall
provide detailed information enabling Members to make informed decisions.
(3) If a Member who purchased a paid coupon does not use
it within 7 days from the date of purchase, they may withdraw their agreement.
Upon such withdrawal, the Company shall promptly reclaim or delete the issued
coupon. Coupons that are beyond such period or that fall within the
restrictions on withdrawal of agreement pursuant to the Act on Consumer
Protection in Electronic Commerce, etc. or other relevant laws and regulations
shall not be subject to withdrawal. For such non-withdrawable coupons, the Company
shall disclose the restriction on withdrawal of agreement via a pop-up screen
or linked screen.
(4) In the event the Member is found to have violated
Article 13 of these Terms in relation to the purchase of a coupon, the Company
may deny the purchase approval or revoke the approval ex post facto, and may
restrict the use of the coupon or access to the Game Services. The Company
shall not be held liable for any resulting damages unless caused by willful
misconduct or gross negligence.
Article 21 (Selection
and Sponsorship of Creators)
The Company may designate certain Members of the Game
Services as creators and offer sponsorship services accordingly. The procedures
and criteria for application, selection, activity, rewards, and sanctions
related to Creators shall be governed by separate ¡°Creator Operating Policies,¡±
etc.
Article 22 (Messenger
Services)
(1) The Company may provide Messenger Services
(hereinafter referred to as ¡°Messenger Services¡±) to Members who use the Game
Services. In order to gain access to the Messenger Services, Members shall be
required to install the relevant software programs as designated by the
Company.
(2) Members shall not use
the Messenger Services to infringe upon the rights of others or for any
unlawful purpose, including but not limited to the storage or transmission of
content deemed harmful to minors or materials that constitute illegal copies. The Company shall bear no liability for any damage arising from
information sent or received between Members via the Messenger Services.
Article 23 (Test
Services)
(1) Prior to the official release of Game Services, the
Company may provide test services (hereinafter referred to as ¡°Test Services¡±)
to a limited number of Members for the purpose of testing the stability of the
Game Services. In such cases, the Company may require Members to enter into
separate agreements for participation in the Test Services, subject to
procedures outlined during the application process.
(2) Throughout the
duration of the Test Services, the Company may, for the purpose of ensuring
service stability and achieving test objectives, alter, modify, add, or delete
game data, and shall bear no obligation to restore such data. Furthermore,
following the conclusion of the Test Services, the Company may delete all or
part of the in-game currency, characters, or other data acquired by Members
during such period.
Article 24 (Content
Services)
(1) The Company may offer paid Content, including but not
limited to virtual assets and Hello Items (hereinafter collectively referred to
as ¡°Items¡±), through the Game Services.
(2) The Company may
distinguish between paid and complimentary Items and offer them accordingly for
use within the Game Services. The Company may, at its sole discretion,
prescribe the access period and conditions applicable to paid Items, which
shall be disclosed to the Member via the service information page or the
payment interface prior to purchase. Absent separate notice, the policy on
access period for paid Items shall be as follows:
1.
Items
shall remain available for use within 1 year from the date of purchase, after
which unused Items may expire. In the case of packaged Items, the unsealing of
the package shall be deemed commencement of access.
2.
Paid
Items with a defined access period shall only be available for the period
explicitly specified.
3.
Paid
Items indicated as ¡°permanent¡± or for which no access period is stated
(hereinafter referred to as ¡°Permanent Items¡±) shall be available for use
during the continued provision of the Game Services, commencing from the point
at which access begins.
4.
Should
the access period expire, the Game Services be terminated, or the Member¡¯s
access be suspended or terminated under Article 25 due to violations of
applicable laws and regulations or acts of willful misconduct or gross
negligence, the Member may lose the right to use the Items. Where Items are
purchased through in-app network services within mobile applications,
additional charges may accrue and shall be borne exclusively by the Member.
5.
The
Company may, based on changes in game Content, balance adjustments, or
modifications in Item policies, alter the functionality of existing Items or
render them unusable. In such cases, if a paid Item becomes unusable prior to
expiration, the Company shall compensate the Member with equivalent paid Items
(or points) corresponding to the remaining access period.
(3) If a Member holds both paid and complimentary
versions of an Item, the paid version shall be deducted prior to the
complimentary version. If a Member¡¯s paid Content holds only paid attributes,
the deduction shall follow the first-in, first-out (FIFO) method, whereby items
are deducted in the order they were acquired. For certain Game Services, an
alternative deduction method may apply, in which case notice shall be given via
the website, in-game screen, or official community.
(4) As a general rule,
paid Items purchased via mobile devices may be used only on the device on which
they were originally downloaded or installed. However, depending on the open
market or app store policies, Items may be transferred to another device if it
is permitted to share the account with other devices. Where a device change,
phone number change, or international roaming occurs, certain functionalities
of paid Content may become inaccessible, and in such cases, the Company shall
bear no responsibility.
Article 25
(Restriction of Service Use and Termination of Agreement)
(1) In the event that a
Member falls under any of the following categories, the Company may, pursuant
to Article 33(1) or by any other valid means of notification, suspend or
restrict the use of the Game Services until such cause has been resolved, in
accordance with the operating policies for each individual Game Service. Where
the operating policies for the relevant Game Service do not specifically
address a given violation, the Company may take reasonable actions based on
these Terms following prior warning:
1.
Where
any of the personal information provided during application is found to be
false or has been unlawfully obtained from a third party;
2.
Where
the Member engages in conduct that causes discomfort to others on the website
or within the Game Services;
3.
Where
the Member interferes with the operation or integrity of the Game Services;
4.
Where
unauthorized programs are used or distributed, system bugs are exploited,
hacking occurs, or any attempt to damage the system is made;
5.
Where
the Member¡¯s Account or Password has been leaked, resulting in unauthorized use
by third parties;
6.
Where
the account has already been restricted or suspended pursuant to this or
another agreement with the Company;
7.
Where
any provision under subparagraphs 1, 3, 7, 10, 16, 17 or 22 of Article 11(1)
has been violated.
(2) Where a Member
falls under any of the following categories, the Company may, pursuant to
Article 33(1) or by any other valid means of notification, terminate the user
agreement with the Member:
1.
Where
all personal information provided at the time of registration is false or
unlawfully obtained;
2.
Where
third-party payment information is unlawfully used or fraudulent transactions
are conducted;
3.
Where
Hello Cash is sold, transferred, or the Member induces such transactions;
4.
Where
unauthorized programs are used, system bugs are exploited, or the system is
damaged;
5.
Where
any act under subparagraphs 1, 3, 7, 10, 16, 17 or 22 of Article 11(1) has been
committed;
6.
Where
the Member repeatedly violates the provisions of paragraph 1 of this Article
and has been suspended or restricted from using the services more than twice.
(3) In cases where the
use of the Game Services is restricted or the user agreement is terminated due
to violations of each subparagraph of paragraph 2 of this Article or applicable
laws and regulations, the Member may be ineligible for refunds of Items or Hello
Cash.
(4) If a Member
repeatedly commits violations under paragraphs 1 and 2 of this Article or
applicable laws and regulations, the Company may terminate the user agreement
and restrict future re-registration using the same personal information or from
the same geographic location (including the same IP range).
(5) Where a Member¡¯s
account is linked with another platform, any sanctions imposed on the linked
account shall also apply to the Game Services used through that platform.
(6) To prevent improper
application and improve service quality, the Company may classify accounts that
meet the following criteria as dormant and delete their Account Information:
1.
Where
the Member has not accessed the Game Services for a period specified in the
relevant operating policies;
2.
Where
no Hello Cash has been purchased or paid Items with remaining access periods
exist;
(7) Where a report is
received or reasonable suspicion exists regarding the conduct described in
paragraph 1 or 2 of this Article, the Company may temporarily suspend the
Member¡¯s account until the investigation is concluded. Once the investigation
is complete, the Company will compensate paying Members by extending their
access to the paid Game Services (i.e., Members who use paid Items) for the
length of the suspended period, except where the Member is confirmed to have
committed the prohibited act under paragraph 1.
(8) The Member may
submit an objection to any restrictions imposed pursuant to this Article in
accordance with the procedures established by the Company.
(9) Where the user
agreement is terminated, and unless otherwise required by applicable laws and
regulations, the Company may delete all Account Information to maintain and
improve service quality. The Member shall be responsible for backing up any
data required prior to the termination of the user agreement, and the Company
shall bear no responsibility for deleted information after such termination.
CHAPTER 6 WITHDRAWAL OF
AGREEMENT AND TERMINATION/CANCELLATION OF CONTRACT
Article 26 (Payment of
Consideration)
(1) The method of payment for the access to the Game
Services shall be in accordance with the payment methods predetermined by the
Company.
(2) A Member who has applied to use paid Game Services
shall diligently remit the corresponding payment in accordance with the methods
established by the Company.
(3) In the case of Game Services provided via mobile
devices, the imposition and remittance of consideration for the purchase of
Content shall, in principle, comply with the policies or methods determined by
telecommunications carriers or open market operators. The limits applicable to
each method of payment may be subject to adjustment in accordance with the
policies established by the Company, telecommunications carriers, open market
operators, or the directives of governmental authorities.
(4) In the event that
payment for Content in Game Services offered through mobile devices is made in
a foreign currency, the actual amount billed may differ from the price
displayed on the open market due to fluctuations in exchange rates and fees; in
such cases, the Company shall not bear any liability for the discrepancy.
Article 27 (Withdrawal
of Agreement)
(1) A Member who has entered into a contract with the
Company for the purchase of paid Content may, within 7 days of purchase,
withdraw from such agreement without incurring any separate fee.
(2) A Member may not,
against the will of the Company, withdraw agreement pursuant to paragraph 1 in
any of the following circumstances:
1.
Where
the paid Content (e.g., Items) has been lost or damaged due to reasons
attributable to the Member;
2.
Where
the Member has used or partially consumed paid Content (e.g., Items) falling
under any of the following categories:
a. Paid Content that is used or applied immediately upon
purchase;
b. Paid Content that provides supplementary benefits, or is sold
as a bundle, and where the supplementary benefits have been used or partially
consumed;
c. Paid Content for which the act of unsealing is deemed to
constitute use, or whose utility is determined upon unsealing, and the act of
unsealing has occurred.
3.
Where
provision of the paid Content has commenced.
(3) With respect to
Items falling under subparagraphs 2 or 3 of paragraph 2, the Company shall take
appropriate measures to ensure that Members are not hindered in exercising
their right of withdrawal by clearly indicating such limitations in a
conspicuous location or by providing trial versions.
(4) Notwithstanding
paragraphs 1 through 3, where the paid Content differs from what was advertised
or indicated, or has been performed contrary to the terms of the purchase
agreement, the Member may withdraw agreement within 3 months from the date of
contract or the date the Content became available for use, or within 30 days
from the date on which the Member became aware or reasonably should have become
aware of such discrepancy, whichever occurs earlier.
(5) Where a Member of a Game Service offered via a mobile device
withdraws agreement to the purchase of paid Content, the Company shall confirm
the purchase history through the relevant platform operator or open market
operator. In addition, the Company may contact the Member using the information
provided by the Member so as to verify the legitimacy of the withdrawal, and
may require the submission of further supporting documentation.
Article 28
(Cancellation Right of Legal Representatives of Minors)
(1) In the event that a
person with limited legal capacity (e.g., minor), has effected payment without
the consent of their legal representative, the minor or their legal
representative may cancel the payment.
(2) However,
cancellation may be restricted if the payment for the purchase of paid Content
was made within the scope authorized by the legal representative or in cases
where the minor has engaged in deceptive conduct.
(3) Whether the
contracting party to a paid Content purchase is a person with limited legal
capacity shall be determined based on the platform through which payment was
made, the identity of the payor, and the name of the holder of the payment
instrument. The Company may request that the Member provide documentation
proving that they or their legal representative are persons with limited legal
capacity in order to verify the legitimacy of the cancellation.
Article 29 (Member
Withdrawal)
(1) A Member may withdraw their membership at any time.
Upon receipt of a withdrawal request, the Company may verify the identity of
the requesting Member, and upon successful verification, shall take action in
accordance with the Member¡¯s request. Matters related to the processing of
personal information upon Membership Withdrawal shall be governed by the
Company¡¯s Privacy Policy.
(2) A Member wishing to withdraw may do so via the
withdrawal procedure provided on the Company¡¯s website or customer support.
(3) Upon completion of
withdrawal, re-registration may be restricted for a period of up to 1 month.
CHAPTER 7 DAMAGES AND LIMITATION OF LIABILITY
Article 30 (Liability
for Damages)
(1) In the event that the Company causes damage to a
Member due to willful misconduct or gross negligence, the Company shall be
liable for compensation for such damage. The Company shall not be liable for
any damage incurred by the Member in which the Company is merely negligent.
(2) In the event that paid Content purchased by a Member
from the Company is lost due to a cause attributable to the Company, the
Company shall restore the paid Content to its original state prior to the loss,
and if such restoration is impossible or impracticable, the Company shall
provide replacement paid Content or its equivalent in kind and value, provided,
however, that if replacement paid Content of the same or similar value is not
available or impracticable, the Company shall refund the payment made by the
Member for the corresponding paid Content.
(3) If the Member violates
these Terms and thereby causes damage to the Company, the Member shall be
liable for compensation for such damage to the Company.
Article 31 (Disclaimer
of Liability)
(1) The Company shall be exempt from liability in the
event that it is unable to provide its services due to war, incidents, natural
disasters, emergencies, technical defects that cannot be resolved with current
technology, or other force majeure events.
(2) The Company shall not be liable for any suspension,
disruption of use, or termination of contract with respect to the Game Services
arising from a cause attributable to the Member.
(3) The Company shall not be liable for any damages
incurred by the Member due to the suspension or abnormal provision of
telecommunication services by common carriers, or the Member¡¯s inability to use
all or part of the functionality of the Content due to changes in mobile
device, phone number, operating system (OS) version, roaming, or
telecommunications provider, provided, however, that this shall not apply in
cases of willful misconduct or gross negligence on the part of the Company.
(4) If the provision of the Game Services is suspended or
hindered due to inevitable reasons (e.g., maintenance, replacement, regular
inspection, or construction of equipment and facilities) to provide more
complete Game Services as previously notified, the Company shall not be liable
unless it is due to willful misconduct or gross negligence.
(5) The Company shall not be liable for any issues
arising from the Member¡¯s PC or mobile device environment, or issues arising
from the network service environment not caused by willful misconduct or gross
negligence of the Company.
(6) The Company shall not be liable, unless there is
willful misconduct or gross negligence, for the reliability, accuracy, or
truthfulness of any information, data, or facts posted or transmitted by
Members or third parties within the Game Services or on the homepage.
(7) The Company has no obligation to intervene in
disputes that arise between Members or between Members and third parties
through the use of the Game Services, and shall not be liable for any damages
arising therefrom.
(8) The Company shall not be liable in circumstances
where Members delete Content or Account Information provided by the Company
without permission, or where the Game Services are provided free of charge,
provided, however, that this shall not apply in cases of willful misconduct or
gross negligence on the part of the Company.
(9) Some of the Game Services provided by the Company may
be provided through third-party operators, and the Company shall not be liable
for any damages caused by such third-party Game Services, unless the Company is
guilty of willful misconduct or gross negligence.
(10) The Company shall not be liable for failure to obtain
or loss of expected results (e.g., characters, experience points, or items)
through use of the Game Services or for damages arising from Members¡¯
discretionary choices or use of the Game Services, unless the Company is guilty
of willful misconduct or gross negligence.
(11) The Company shall not be liable for damages caused by
errors in the Member¡¯s personal computer or mobile device, or by the Member¡¯s
inaccurate or missing personal information or email address, unless the Company
is guilty of willful misconduct or gross negligence.
(12) The Company may restrict Members¡¯ access to the Game
Services in accordance with applicable laws and regulations, government
policies, etc., and shall not be liable for any losses resulting therefrom.
(13) The Company shall not be liable for any damages
arising from the use of the Game Services or from unauthorized payments made by
a third party, due to the Member¡¯s failure to manage passwords or
authentication methods with due care to prevent theft, forgery, or alteration,
provided, however, that this shall not apply in cases of willful misconduct or
gross negligence on the part of the Company.
(14) Guest accounts held by Members may be deleted due to
external factors unrelated to the Company¡¯s services, such as platform device
or network service errors. In such case, the Company shall not be liable for
recovery or compensation unless it is due to willful misconduct or gross
negligence.
Article 32 (Procedure
for Raising Objections)
(1) Members may raise objections to the Company in
relation to issues arising from the use of the Game Services or in relation to
these Terms via the Company¡¯s customer support.
(2) If the Company determines that the Member¡¯s objection
pursuant to paragraph 1 is legitimate, it shall take appropriate remedial
measures.
Article 33 (Notice to
Members)
(1) When the Company gives notice to Members, such notice
may be sent to the Member via email, electronic message, in-game message, or
text message (LMS/SMS).
(2) If a general notice is to be sent to all Members, the
Company may substitute the individual notice under paragraph 1 by posting the
information on the Game Services or by displaying a pop-up screen for at least
7 days.
Article 34 (Governing
Law and Jurisdiction)
(1) In the event of any disagreement or dispute between
the Company and the Member arising in connection with the use of the Game
Services, the parties shall endeavor to resolve the matter amicably through
mutual consultation.
(2) If the dispute cannot
be resolved amicably pursuant to paragraph 1 and legal proceedings are
initiated, the competent court shall be determined in accordance with
procedures set forth under applicable laws and regulations.
(3) These Terms shall be governed by and construed in
accordance with the laws of the Republic of Korea.
Addendum 1.
These
Terms shall enter into force on May 1, 2019.