Article 1 (Purpose)
This agreement is intended to define the rights, obligations, responsibilities, as well as other necessary matters between the company and the members in relation to the use of Eternal Return (hereinafter referred to as "Game") and related services (hereinafter referred to as "Game Service") provided online by Nimble Neuron Corp (hereinafter referred to as the "Company").
Article 2 (Definition of Terms)
① The definitions used in these terms and conditions are as follows:
1. "Company" refers to the business entity that provides the game service online.
2. "Member" refers to the individual who agrees to these terms and conditions and has been granted eligibility to use the game service.
3. "Game Service" refers to the game and related services provided online by the company to members.
4. "Game World" refers to a dynamic virtual world that implements gameplay so that multiple members can enjoy entertainment or facilitate leisure activities, socialize, exchange information, and engage in various activities according to certain rules (hereinafter referred to as "Game Rules").
5. "Account (ID)" refers to the combination of characters, numbers, or special characters chosen by the member, and the company or affiliate has granted for the purpose of identifying the member and using the game service.
6. "Account Information" collectively refers to the information provided by members to the company, such as account, password, member number, external account information, device information, nickname, profile picture, friends list, as well as game usage information (character information, items, levels, etc.), and payment information for service fees.
7. "Character" refers to the game data that the member selects and controls in the game world for the purpose of using the game service, according to the methods provided by the company.
8. "Password" refers to the combination of characters, numbers, or special characters that the member has chosen and manages confidentially to confirm that the member matches the given account and to protect the member's information and rights.
9. "NP" refers to the virtual data used to access or purchase game services, for which the member pays and acquires.
10. "Event NP" refers to the virtual data used for using or purchasing the game service, which the company arbitrarily sets and provides for free, and has no property value.
11. "Post" refers to all information composed of characters, documents, images, voices, videos, or a combination of these, posted by the member while using the service.
12. "Content" refers to all content, whether paid or free, created digitally by the company in relation to the provision of the service, so that it can be used online (game and network service, applications, NP, event NP, game items, etc.)
② The definition of terms used in this agreement, except for those defined in each clause of Paragraph 1, shall be governed by related laws and general commercial practices.
Article 3 (Provision of Company Information)
The company posts the following items on the game service homepage (https://playeternalreturn.com), (https://support.playeternalreturn.com), so that members can easily access this information. However, the terms and conditions is also available for members through a link to in-game.
- Name of the Company and its representative
- Business Address (including an address where member complaints can be handled)
- Telephone number
- Business Registration Number, Telemarketing Report Number
- Nimble Neuron's Privacy Policy
- Nimble Neuron's Terms of Use
Article 4 (Specification and Amendment of Terms)
① The company announces the contents of these terms to members by posting them on the game service homepage (https://support.playeternalreturn.com) or providing a link to it in-game.
② The company takes measures to allow members to ask and answer questions about the contents of these terms.
③ The company designs the terms in a way that individuals who intend to use the game service (hereinafter referred to as "Users") can easily understand the content. Before agreeing to the terms, the company writes down important contents such as right to cancel, refund of overpayment, termination of contract, company's exemption, and rewards for inconveniences in bold letters or provides separate links or pop-up screens to get the user's agreement.
④ The company may amend these terms within the scope that does not violate relevant laws such as the 'Act on the Consumer Protection in Electronic Commerce', 'Act on the Regulation of Terms and Conditions', 'Game Industry Promotion Act', 'Act on Promotion of Information and Communication Network Utilization and Information Protection', and 'Content Industry Promotion Act'.
⑤ When the company amends the terms, it announces when the amends will be applied, details of amends, and reasons for amends on the game service homepage at least 7 days before the date when amends are applied (30 days before in case of unfavorable or significant changes) until a reasonable period has elapsed after the terms' amends have been applied.
⑥ If the company amends the Terms of Service and includes a statement in the notice of the amended terms that if the member does not express acceptance or rejection, it might be considered as accepting the terms by the effective date.
⑦ If a member does not agree to the application of the amended terms, either the company or the member may terminate the game service usage contract.
Article 5 (Supplementary Provisions to the Terms)
For matters not specified in these terms and the interpretation of these terms, relevant laws such as the 'Act on Consumer Protection in Electronic Commerce', 'Act on the Regulation of Terms and Conditions', 'Game Industry Promotion Act', 'Act on Promotion of Information and Communication Network Utilization and Information Protection', 'Content Industry Promotion Act' will apply.
Article 6 (Operating Policy)
① The company may establish an Eternal Return operating policy (hereinafter referred to as the "Operating Policy") for matters necessary to apply the terms, protect the rights of members, and maintain order in the game world, which are specifically delegated by the terms.
② The company must announce to its members the contents of the operating policy so that members can be aware of it by posting it on the game service homepage.
③ In case of revision of the operating policy that brings significant changes to the rights or obligations of members or has the same effect as changing the contents of the terms, the procedure of Article 4 is followed. However, if the revision of the operating policy falls under any of the following, it is announced in advance in the manner of Paragraph 2.
- In case of revising matters specifically delegated by the terms
- In case of revising matters not related to members' rights and obligations
- In case of revising the operating policy within the foreseeable range for the members without fundamentally differing from the contents defined in the terms.
Article 7 (Approval and Restrictions on Service Application)
① The service contract shall be concluded after the individual (hereinafter referred to as the "Applicant") who intends to become a member agrees to the contents of these terms and conditions.
② The company shall generally approve the applicant's application. However, the company may refuse approval for the following cases:
- When the application requirements are not met.
- When the applicant uses the game service in a country where the company does not provide the service through abnormal or indirect methods.
- When the application is made with the intention of engaging in activities prohibited by relevant laws such as the "Game Industry Promotion Act".
- When the application is made for the purpose of disrupting social order, public safety, or public morals.
- When using the game service for unlawful purposes.
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When the application is made for the purpose of pursuing profit through the game service.
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When there are other reasons equivalent to the above cases, and the approval is deemed inappropriate.
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When acquiring or using goods through abnormal means.
③ The company may withhold approval until the reasons listed below are resolved:
- When the company's facilities are insufficient, support for specific devices is difficult, or there are technical obstacles.
- When there is a failure in the service or the payment method, or when there is a disruption in the service usage fee.
- When there are other reasons equivalent to the above cases, and the approval of the service application is deemed difficult.
Article 8 (Protection and Management of Personal Information)
① The company strives to protect the personal information of members in accordance with the relevant laws and regulations. The protection and use of members' personal information are subject to the applicable laws and regulations and the separate privacy policy notified by the company.
② The company's privacy policy does not apply to services provided by third parties linked on the website and game service-specific websites, except for individual services provided as part of the service.
③ The company does not assume any responsibility for any information of members that is exposed due to the member's own fault.
Article 9 (Company's Obligations)
① The company shall comply with the relevant laws and faithfully fulfill the exercise of rights and performance of obligations stipulated in these terms and conditions.
② The company shall establish a security system to protect personal information (including credit information) for the safe use of services by members and disclose and comply with the privacy policy. Except as stipulated in these terms and conditions and the privacy policy, the company shall ensure that members' personal information is not disclosed or provided to third parties.
③ The company shall make its best efforts to promptly repair or restore any equipment failure or data loss that occurs while improving the service to provide continuous and stable service, unless there are unavoidable circumstances such as natural disasters, emergencies, and flaws or failures that cannot be resolved with the current technology.
Article 10 (Member's Obligations)
① Members shall not engage in the following actions:
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Providing false information.
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Impersonating others.
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Pretending to be employees, administrators, or other personnel of the company.
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Modifying information posted by the company.
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Transmitting or posting prohibited information (such as computer programs) as designated by the company.
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Creating, distributing, using, or advertising unauthorized computer programs, devices, or equipment not provided or approved by the company.
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Infringing upon copyrights or intellectual property rights of the company and other third parties.
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Damaging the reputation of the company or other third parties or interfering with business operations.
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Disclosing or posting obscene or violent language, images, sounds, or other information that is contrary to public morals and customs.
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Selling or disposing of game data (accounts, characters, game items, etc.) for consideration or using them as objects of rights (providing collateral, lending, etc.).
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Inducing or advertising the actions stated in item 10.
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Using the game service for profit, business, advertising, political activities, or other purposes without the company's consent.
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Engaging in other acts prohibited by related laws or acts that are not socially accepted due to good morals and customs.
② Members have an obligation to review and comply with the provisions of these terms and conditions, usage guidelines, and cautionary matters related to game services and matters notified by the company.
③ The company may establish specific types of acts that fall under the provisions of Paragraphs 1 and 2 and the following items in the operational policies, and members have an obligation to comply with them:
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Restrictions on character names of members.
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Restrictions on bulletin board usage.
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Restrictions on gameplay methods.
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Other matters that the company deems necessary for the operation of game services within the scope that does not infringe upon the essential rights of members' game service use.
Article 11 (Modification and Amendment of the Service)
① Members can use the game service provided by the company according to these terms, operating policies, and game rules set by the company.
② The game world provided to members through the game service is a virtual world created by the company. The company holds comprehensive authority over the creation, modification, maintenance, and repair of game content.
③ The company takes necessary measures to protect the game world from the real world and maintain the order and gameplay of the game world.
④ If the company has a significant reason, it may modify (patch) the game service due to operational or technical needs. If the game service is modified (patched), the changes will be announced through the respective homepage, etc., after the change.
Article 12 (Provision and Suspension of Service)
① The game service hours are 24 hours a day, year-round, as a general rule.
② Notwithstanding Paragraph 1, the game service may not be provided for a certain period of time under any of the following circumstances, and during that time, the company is not obligated to provide the game service:
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When maintenance, replacement, regular inspection of computer and information communication equipment, or modification of game content or game service is necessary.
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When necessary to respond to electronic intrusion incidents such as hacking, communication accidents, abnormal game behavior by members, or unexpected instability of the game service.
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When the provision of game service is prohibited at specific times or by specific methods according to relevant laws and regulations.
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When normal game service cannot be provided due to natural disasters, emergencies, power outages, equipment failures, or excessive use of the service.
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When there is a significant management need of the Company, such as division, merger, transfer of business, termination of business, or deterioration of revenue from the game service.
③ For case 1 of paragraph 2, the company can suspend game services for a certain period on a weekly or biweekly basis. In this case, the company will notify members at least 24 hours in advance through the game service or game service website (https://playeternalreturn.com).
④ In the case of paragraph 2, clause 2, the company may temporarily suspend the game service without prior notice. In this case, the company can post the fact on the game's initial screen or game service website (https://playeternalreturn.com) after the fact.
⑤ The Company shall not be liable for any damages incurred by users in connection with the use of free services provided by the Company. However, this does not apply in cases of damage caused intentionally or by the Company's serious negligence.
⑥ If the paid service provided by the company is suspended or experiences issues for more than 4 hours (cumulative time) in a day without prior notice due to the company's fault, the company will extend the usage time of the paid limited-time items by three times the service suspension/failure time free of charge, and users cannot claim any additional compensation from the company. However, if the company has notified the service interruption/failure in advance due to reasons such as server maintenance, and the service interruption/failure time exceeds 10 hours, the company will extend the usage time of the paid limited-time items by the exceeded time free of charge, and users cannot claim any additional compensation from the company.
⑦ In cases of paragraph 2, clause 3 to clause 5, the company may suspend all game services due to technical or operational reasons, and may discontinue the provision of game services by announcing it on the homepage 30 days in advance.
⑧ If the company terminates the game service in accordance with paragraph 7, members cannot request a refund, compensation for damages, etc., for free services and paid services that do not have any remaining usage period.
Article 13 (Provision of Information)
The company shall clearly display the following items on the internet website, the game service homepage (https://playeternalreturn.com), for easy understanding by the members:
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Name of the company
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Title of the game content
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Rating
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Classification
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Date of Production
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Report number or registration number of the game production company or distributor
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Other information recognized as necessary by the company
Article 14 (Collection of Information, etc.)
① The Company may collect and use member information (such as device settings, operating system version, specifications, etc.) to improve the quality of game services, including game service operation and program stability.
Article 15 (Service Items)
① The company may provide game services that members can use without separate payment (hereinafter referred to as "free services") and game services that members can use by paying predetermined fees (hereinafter referred to as "paid services"). Members can choose to use the game services.
② The payment method for using the game services can be done through the method predetermined by the company.
③ Regarding the use of paid services in paragraph 1, members who apply for the use of paid services must comply with the following:
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Members who apply for the use of paid services must faithfully pay the game service usage fee.
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Members who apply for the use of paid services must make payments using the method provided by the company after applying for the service.
④ If a minor member wishes to use a paid game service that requires payment, they must obtain the consent of their parent or legal guardian. The company shall notify the minor's legal guardian that the use of paid game services without consent can be canceled before the payment for the paid game service is made.
Article 16 (Ownership of Copyright, etc.)
① Copyright and other intellectual property rights of the content created by the company within the game service belong to the company.
② Members may not reproduce, transmit, publish, distribute, broadcast, or otherwise use for commercial purposes or allow third parties to use information obtained by using the game service and is owned by the company or provider, without the prior consent of the company or provider.
③ The company permits the use of communication, images, sounds, and all materials and information including conversation texts uploaded or transmitted by members or other users in the game or related to the game service (hereinafter referred to as 'User Content') in the following methods and conditions.
④ The company refrains from engaging in any commercial exploitation of user-generated content (such as posts on general bulletin boards) that remains unseen within the game and remains disconnected from the game service without the explicit consent of the member. Members retain the prerogative to remove such user-generated content at their discretion.
⑤ If the company judges that a post or content posted or registered within the game service by a member corresponds to the prohibited actions specified in Article 10, it may delete, move, or refuse registration without prior notice.
⑥ If a member's legal rights are infringed due to information posted on bulletin boards or other platforms operated by the company, the member can request the company to delete the relevant information or publish a rebuttal. In such cases, the company will promptly take necessary measures and notify the applicant accordingly.
⑦ Paragraph 3 shall be valid while the company operates the game service and shall continue to apply even after a member's withdrawal.
Article 17 (Withdrawal of Subscription)
① A member who has entered into a contract with the company for the use of paid services may withdraw the offer within 7 days from the purchase date or the date on which the paid service can be used.
② A member cannot exercise the right of withdrawal according to paragraph 1 in the following cases against the company's intention:
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In the case of paid content that is immediately used or whose effects are immediately applied upon purchase.
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When additional benefits are provided in purchased content and the additional benefits have been used.
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In the case of content where the act of unsealing is deemed as usage or where the utility of the content is determined upon unsealing.
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In the case of using additional content (goods, items, etc.) provided after the purchase.
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In case some of the content sold in a bundle is used.
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In the case of content that the user did not directly purchase.
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In other cases where withdrawal of subscription is restricted by relevant laws such as the "Electronic Commerce Consumer Protection Act."
③ In cases where the company determines that withdrawal of subscription is not possible according to the provisions of each item in paragraph 2, the company must clearly indicate such facts in a place easily accessible to the member, such as on the packaging of the goods, or take measures to ensure that the right to exercise withdrawal of subscription is not obstructed, such as by providing trial-use products. If the company fails to take such measures, despite the restrictions on withdrawal of subscription specified in each item of paragraph 2, the member may still withdraw the subscription.
④ Regardless of the provisions in paragraphs 1 to 3, if the content of the paid service is different from the displayed or advertised content, or if it is not fulfilled according to the contract, the member may withdraw the subscription within 3 months from the date of purchase or the date when the paid service becomes available for use, within 30 days from the date the member became aware of such facts or could have become aware of them.
⑤ If a member requests a withdrawal of subscription, the company can verify the purchase history through a third-party platform that provides payment services (hereinafter referred to as the "third-party platform"). Additionally, the company may contact the member using the information provided by the member to confirm the valid reason for withdrawal and may request additional evidence.
Article 18 (Effects of Withdrawal of Subscription)
① If a member withdraws an offer, the company immediately retrieves or deletes the paid service of the member and initiates procedures necessary for withdrawal of subscription, such as requesting cancellation of payment for the paid service to the "third-party platform" within three business days from the date of retrieval or deletion of the paid service.
② In case of refunding the above amount, if the member has paid the amount through a credit card or a payment method specified in the Enforcement Decree of the Act on Consumer Protection in E-commerce, etc., the company immediately requests the business operator who provided the payment method to stop or cancel the charge. However, if the company has already received the payment from the payment operator, it refunds it to the payment operator and notifies the consumer. If a member purchases a paid service from a "third-party platform" using a credit card or a payment method specified in the "Enforcement Decree of the Act on Consumer Protection in E-commerce, etc.", the procedure of this paragraph can be conducted through the "third-party platform".
③ In cases where the goods or other items have been partially used or consumed, the company may charge the member an amount equivalent to the benefits obtained by the member or the cost incurred for supplying those goods or items. If a member purchases the paid services from the "third-party platform," such billing procedures may be conducted through the "third-party platform."
④ If a member withdraws their subscription, the member shall bear the expenses necessary for the return of goods or other items, and the company shall not claim any penalty or damages from the member due to the subscription withdrawal.
Article 19 (Cancellation and Termination of Membership)
① Members have the right to terminate their game service contract (hereinafter referred to as "membership withdrawal"). If a member applies for membership withdrawal, the company may verify the member's identity and take appropriate measures upon confirming the member's identity.
② Members who wish to withdraw their membership may do so through the customer center's membership withdrawal process.
③ In order to protect the personal information of members who have not used the company's services continuously for one year or more (hereinafter referred to as "dormant accounts"), the company may terminate the service agreement and take measures such as destroying the member's personal information. In this case, the company will notify the member of the termination of the contract, the measures taken, such as the destruction of personal information, and the personal information to be destroyed, 30 days prior to the action date. However, if the company has not collected personal information that can be used to contact the user, such as contact information, no notification will be sent.
Article 20 (Cancellation and Termination by the Company)
① The company may terminate the contract after prior notice to the member if the member violates the obligations of the membership as specified in these terms and conditions. However, in cases where the member violates current laws, causes damage to the company intentionally or through gross negligence, the company may terminate the service agreement without prior notice.
② In the event of the company terminating the service agreement, the company shall notify the member of the following matters through email or equivalent means of communication. However, if the company has not collected personal information that can be used to contact the user, such as contact information, no notification will be sent.
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Reason for termination
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Termination date
③ In the case of the provision in paragraph 1, the member shall not have the right to claim a refund or damages resulting from the loss of the paid service license.
Article 21 (Restriction on Service Use for Members)
① The company may restrict a member's use of game services according to the following criteria. The specific reasons for use restriction due to member's obligations shall be determined by the operating policies of individual games in accordance with Article 23.
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Partial character restriction: Limiting certain character permissions for a certain period
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Character usage restriction: Restricting the use of member characters for a certain period or permanently
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Account usage restriction: Restricting the use of member accounts for a certain period or permanently
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Member usage restriction: Restricting the member's use of game services for a certain period or permanently
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IP restriction: Restricting game access or service access from specific IP addresses
② In the event that the company's usage restriction is justified, the company shall not be liable to compensate the member for any damages incurred due to the usage restriction.
Article 22 (Temporary Measures as Usage Restriction)
① The company may suspend an account until an investigation is completed in the following cases:
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When a legitimate report is received that the account has been hacked or stolen
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When there is a reasonable suspicion that the account user is a user of illegal programs or engaged in illegal activities
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In other cases where temporary measures are necessary for reasons similar to the above
Article 23 (Reasons and Procedures for Service Restriction)
① The company establishes specific reasons and procedures for service restriction, taking into account the content, severity, frequency, and outcomes of the violations, through operational policies.
② When the company imposes service restrictions as specified in Article 21, the company shall notify the members of the following items by posting them on the initial screen of the game:
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Reasons for service restriction
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Type and duration of service restriction
Article 24 (Procedure for Filing an Objection against Service Restriction)
① If a member wishes to object to the company's service restriction, they must submit a written objection stating the reasons for the objection to the customer center within 15 days from the date of notification.
② Upon receiving the objection as stated in the first paragraph, the company shall respond to the member's reasons for objection by electronic mail or equivalent method within 15 days from the date of receipt. However, if it is difficult to respond within 15 days, the company shall notify the member of the reasons and the expected date of response.
③ The company shall take appropriate measures in accordance with the response provided.
Article 25 (Compensation for Damages)
① The company shall be responsible for compensating damages if it intentionally or negligently causes harm to a member.
② If a member violates these terms and causes harm to the company, the member shall be responsible for compensating for such damages.
Article 26 (Company's Exemption from Liability)
① The company shall be exempt from liability in the event of natural disasters, civil unrest, acts of God, emergencies, or other unavoidable circumstances that prevent the provision of services using the current technology.
② The company shall be exempt from liability for discontinuation of game services, service interruptions, and termination of contracts caused by the member's own fault.
③ The company shall be exempt from liability in the event of damages incurred by members due to the interruption or failure of telecommunication services by the telecommunications service provider, unless the company is intentionally or grossly negligent.
④ The company shall be exempt from liability for the interruption or failure of game services or any related issues arising from the maintenance, replacement, regular inspection, construction, or other unavoidable reasons for the announced game service facilities, unless the company is intentionally or grossly negligent.
⑤ The company shall be exempt from liability for any problems arising from the member's computer environment or network environment without the company's intentional or gross negligence.
⑥ The company shall be exempt from liability for the reliability, accuracy, or content of information, data, or facts posted or transmitted by members or third parties within the game service or on the website, unless the company is intentionally or grossly negligent.
⑦ The company shall have no obligation to intervene in disputes arising between members or between a member and a third party through the game service, nor shall it be liable for any damages caused thereby.
⑧ In the case of free services provided by the company as part of the game services, the company shall not be liable for damages unless there is intentional or gross negligence on the part of the company.
⑨ Some of the game services provided may be offered through game services provided by other businesses. The company shall be exempt from liability for any damages arising from the game services provided by other businesses, unless there is intentional or gross negligence on the part of the company.
⑩ The company shall not be liable for the failure to achieve or the loss of expected characters, experience points, items, or other results that members anticipate or lose due to the use or selection of game services, unless there is intentional or gross negligence on the part of the company.
⑪ The company shall be exempt from liability for any loss of paid or free in-game goods, rankings/points, items, or any other losses incurred by members, unless such losses are caused by the company's intentional or gross negligence.
⑫ The company shall be exempt from liability for damages caused by computer errors on the part of members or for damages incurred due to inaccurate or omitted personal information and email addresses, unless such damages are caused by the company's intentional or gross negligence.
Article 27 (Handling Complaints and Dispute Resolution of Members)
① The company will inform members of the methods for presenting their opinions or complaints on the game website, considering their convenience. The company operates a dedicated organization to handle such opinions or complaints from members.
② If the opinions or complaints raised by members are objectively recognized as valid, the company will promptly handle them within a reasonable period. However, if the handling process takes a long time, the company will notify the member of the reasons for the delay and the processing schedule through announcements on the website, email, or other means of communication.
③ In the event of a dispute between the company and a member that requires mediation by a third-party dispute resolution organization, the company may faithfully provide evidence of the measures taken against the member and comply with the mediation conducted by the dispute resolution organization.
Article 28 (Notification to Members)
① When the company notifies a member, it may be done through the member's designated email address or other electronic means.
② If the company needs to notify all members, it may exceed the provisions of paragraph 1 by posting the notification on the initial screen of the company's game site for a period of at least 7 days or by displaying a popup screen.
Article 29 (Payment of Fees)
① The imposition and payment of purchase fees for content will generally follow the policies and methods set by mobile network operators or "third-party platforms." Additionally, the limits for each payment method may be provided or adjusted according to the policies of the company, "third-party platforms," or government regulations.
② When making payment for content in a foreign currency, the actual amount charged may differ from the displayed price at the service's store, due to exchange rates, fees, and other factors.
Article 30 (Refund of Overpayment)
① In the event of an overpayment, the company will refund the overpaid amount to the member. However, if the overpayment was caused by the member's fault without any intention or negligence on the part of the company, the member shall bear the actual costs incurred for the refund within a reasonable range.
② Payment through the game client will follow the payment method provided by a "third-party platform," and in the event of an overpayment during the payment process, the member must request a refund from the "third-party platform."
③ Communication fees (call charges, data call charges, etc.) incurred due to game downloads or the use of network services may be excluded from the refundable amount.
④ When a member purchases a paid service from a "third-party platform," the refund process may be conducted through the "third-party platform."
⑤ In order to process the refund of an overpayment, the company may contact the member using the information provided by the member and may request the necessary information. Within three business days from the date the company receives the required information for the refund from the member, the company will initiate the necessary procedures for canceling the payment of the paid service through the "third-party platform" or any other necessary procedures for withdrawal.
Article 31 (Jurisdiction and Applicable Law)
This agreement shall be governed by and interpreted in accordance with the laws of the Republic of Korea. In the event of a dispute between the company and a member that leads to legal proceedings, the competent court shall be determined in accordance with the procedures prescribed by law.
Addendum
This Terms of Service will come into effect on July 20, 2023. The previous terms and conditions will be replaced by this agreement.