These Terms of Use (the "Terms") are intended to set forth the rights, obligations and responsibilities of Kingkonggames Co., Ltd. (the "Company") and the users (the "Member") regarding the use of Chroisen2 Service (the "Service") which is provided by the Company. You should read and familiarise yourself with the Terms below before you use the Service.
Chroisen2 Service Terms of Use
Article 1. General Rules Section 1. Purpose and Scope These Terms are intended to set forth the basic rights, obligations, responsibilities, and other necessary agreements of the Member and the Company regarding the use of Service which is provided by the Company.
Section 2. Term Definition (1) The terms used herein are defined as follows: 1. Service:Chroisen2 Service which is provided by the Company 2. Member: All user who uses the Service which is provided by the Company after agreeing to these Terms and entering into agreements 3. Application: A program built to make the Service available on mobile devices by installing the Service 4. Wireless mobile communication device (the "Device"): A mobile phone to which the Service which is provided by the Company can be downloaded to use the Service, a smartphone on which a mobile OS is installed, PDA, a portable game console, etc. 5. Personal information: The personal information as defined in Korean Promotion of Use of Information Network and Protection of Information" (the "Information Network Law") Article 2. 1-6 6. Purchase cancellation: The cancelling of payment when the Service is not properly usable due to a failure or other reasons at the time of using the paid service or purchasing an item 7. Refund: The returning of payment when the Service is not properly usable due to a failure or other reasons at the time of using the paid service or purchasing an item 8. Item: All kinds of commodities which can be purchased and used through the Character Shop including equipment which exists within the Service (2) The definition of the terms used herein is as defined in Section 2. The definition of all other terms which are not defined herein follows relevant laws and other general commercial practice.
Section 3. Effect and Change of Terms (1) These Terms take effect when they are posted on each application which is serviced by the Company. The Member who agrees to these Terms and use the Service will be subject to the agreements from the moment he or she agrees to the Terms. If the Terms are changed, the changed Terms will be used from the moment those changes take effect. (2) The Company may change these Terms if the change is necessary for the operation of the Service. The changed Terms will be communicated to users through a notification 7 days before they take effect. However, if the change is trivial and does not limit the Member's rights or impose new obligations, it may take effect immediately after being communicated to users through a notification. If the change is important or puts the Members at a disadvantage, the change should be communicated to users through a notification with at least 30 days of grace period. (3) The Members have a right not to agree to the changed Terms. If the Member does not agree with the changed Terms, he or she may stop using the Service or uninstall the application from the Device. (4) If the Member continues to use the Service of the Company after the changed Terms take effect, he or she is considered to have accepted the changed Terms. The Members have an obligation to use or visit the Service on a regular basis to check for any changes in the Terms, and the Company is not responsible for any issues arising from the members' failure to do so.
Section 4. Standard Rules (1) If there is any area not covered by these Terms, the rules of relevant laws apply.
Article 2. Entering into Agreements
Section 5. Agreements (1) The Terms are displayed on the first launch of the Service. The Member is considered to have accepted the Terms when he or she reads the Terms, select the "I Agree" check box, and click the "OK" button. (2) The agreements are entered into after the applicant agrees to the Terms and the Company accepts the application. However, the Company may reject the application or terminate the agreements if the following is true: 1. The applicant is found to have lost his or her membership before under these Terms except when he or she has been approved to re-use the Service by the Company.
Article 3. Use of Service
Section 6. Use of Service (1) The Company shall commence the Service immediately after accepting the application. However, if the Company is unable to do so due to a disruption of the business operation or a technical error, the Company shall promptly communicate this through the Service or notify the Member directly. (2) As a general rule, the use of Service is available 24/7/365 unless there is a disruption of the business operation or a technical error. However, the Service may be temporarily unavailable as a whole or in part for system maintenance, addition and replacement for a specified period of time. In such cases, the Company will give prior notice. (3) The Company may stop the Service temporarily without prior notice or warning if normal service cannot be provided due to urgent system maintenance, addition and replacement, a state of national emergency, a power failure, a service equipment failure, or too many concurrent users, etc. (4) The Company may specify the period of time in which the Service can be used. The Company shall give prior notice if it does so except when it is impossible to give prior notice of a service disruption for reasons outside the Company's control. (5) The Company provides Device-specific applications, and the Member may download and install the application, and use the Service on the Device which is supported by the Company. However, the configurations and functionalities of the application may vary according to the Device type and the mobile network operator. (6) The Company provides its Members with the game service through wired and wireless application markets such as the mobile network operator-specific markets, Google Store, App Store (the "Open Market"). (7) The Company may change the contents of the game to add expansions to the game, apply various bug fixes, and roll out other updates which are necessary for the operation of the game. The Company shall notify its Members of these changes through the Open Market or the in-game notification system.
Section 7. Change and Discontinuance of Service (1) The Company may change individual services as a whole or in part for operational or technical reasons. Major changes of the Service will be communicated to the Members along with information about the changes and the effective date in the same manner as the Terms changes. However, the changes may be communicated afterwards if the Company is unable to give prior notice. (2) The Company shall notify users of the discontinuance of individual services 1 month before the last service day. (3) The Company may limit or discontinue the Service as a whole or in part due to data communication equipment maintenance, replacement and failure, loss of communication, and possible outbreak of war, untoward events, natural disaster, or state of national emergency. (4) The Company is not responsible for any issues arising after the notice of Service change and discontinuance.
Section 8. Rights towards Posts (1) The Members are held responsible for their own posts, and posting any contents in the manner of infringing on the rights of third parties is not allowed. If a third party makes an objection or files a complaint to the Company due to a post of objectionable nature which has been posted by any Member, the Company may take necessary temporary measures and shall notify the Member under relevant laws. (2) The Member shall fully cooperate with the Company for its immunity if a legal issue such as a damage claim arises due to a post of objectionable nature which has been posted by the Member. The Member is also held responsible for all the issues he or she has caused unless the issue is attributable to the Company. (3) The Company may deny posting or delete a post without prior notice if the following is true about the Member's post or if a third party has made an objection against the post for copyright or other reasons and the Company has a reason to believe that the allegation is true. Measures such as deleting a post for protecting copyright or other rights are subject to copyright law and other relevant laws. 1. The content is abusive or defamatory 2. The content is against public order and morals 3. The content is of criminal nature 4. The content infringes on the rights of others including intellectual property rights of the Company and third parties 5. The content does not conform to the nature of the Service which is provided by the Company 6. The post contains unauthorised advertisements and promotions 7. The post is written using stolen personal information such as name and phone number of another person, or the content is forged 8. The post does not conform to the purpose of the message boards or forums; it is repeatedly posted, etc. 9. The post promotes illegal copy or hacking 10. The post interferes with normal operation of the Company or Service 11. The post violates other relevant laws
Section 9. Use of Application (1) The Members may install the application and use the Service through the Open Market. (2) Any attempt to avoid or alter the security technology or software used to enforce the rules of use or a part of the Service, illegally use them, or promote other people to do so is strictly prohibited. If any Member is found to engage in these activities, the Member is held responsible for the entire outcome.
Section 10. Service Fee (1) The service fee is calculated individually for each paid item. (2) The Company may charge the paid service fees according to the payment method of the Open Market which is provided by the device manufacturer or mobile network operator, or other methods set by the electronic payment vendor which is under contract to the Company. (3) Data fees may apply when using wireless services, and the fees may vary according to the policy of the mobile network operator. (4) The Company may remove existing services and items following a change of game item policy or the contents of the game which is serviced by the Company even if the expiration date for the paid service and item has not been reached. In such case, the Company shall notify this at least 1 month before the removal, and provide compensation in the form of new equivalent content to the Members who purchased the paid service and item if the expiration date has not been reached. The validity period will be the remaining validity period of the existing service and item. Section 11. Purchase Cancellation and Refund (1) Purchase cancellation and refund will be processed as follows: 1. If paid items such as characters and game items were rendered unusable due to a service failure, compensation will be given in the form of purchase cancellation. If this is not possible, the paid amount will be refunded. In such case, the Members may make an objection to the Company. 2. The Company will review the validity of the objection. If it is found to be valid, the Member will be compensated in the form of game cash, item recovery, etc. all within the paid amount. 3. The Company may request the following documents for identity verification and purchase details review when processing the refund, and the Member shall submit requested documents to the Company by mail, fax, etc. - Refund form (name of the person who signed the mobile phone service contract, mobile phone number, refund amount, purchase date, name of the bank to receive the refund, name of the account holder, account number) - Documentary evidence (purchase details, payment statement) - Proof of legal representative if a legal representative is requesting the refund on behalf of a minor 4. The Company is not responsible for any issues arising from a failure in the Open Market service. Any issues concerning the Open Market service should be resolved through the market. 5. Game cash purchase is cancellable or refundable if the Member makes an objection within 7 days of payment even when the Member made the purchase by mistake. However, the following refund rules apply after 7 days of payment. - Refund rules (provided that the game cash is not used) - From the payment date to 7 days after payment: 100% of purchase amount is cancellable or refundable - From 8 days after payment to 30 days after payment: 90% of purchase amount is cancellable or refundable - From 31 days after payment to 60 days after payment: 70% of purchase amount is cancellable or refundable - From 61 days after payment to 90 days after payment: 50% of purchase amount is cancellable or refundable - After 91 days: 50% of purchase amount is cancellable or refundable 6. Item purchase is not cancellable or refundable when the Member made a payment by mistake. 7. The Members shall exercise caution against personal information and credit information theft. The Member may not make an objection when a payment is made under his or her name by others who stole the information if the theft was due to the Member's negligence in protecting his or her personal information. 8. If there are paid items with validity period still left when a Member decides to stop using the Service, the Member will be compensated with a new content which is worth the price of the paid item minus the price of already used period. 9. In the event of a conflict between any of these Terms and the refund rules of the Open Market, the Terms of Use of the Open Market shall control. (2) The Company may deny the Member's request to receive a refund or view personal information of the payer when his or her personal information has been stolen or the Member found himself or herself to be a victim of a payment fraud, unless otherwise stated by law.
Section 12. Provision of Information and Advertising (1) The Company may provide the Members with various information which is deemed necessary for using the Service through notifications, short message service (SMS), etc. (2) The Company may display advertisements within the designated area of the Service screen as part of operating the Service. (3) The Members may not attempt to remove, make a slanderous comment about, or otherwise interfere with the advertisements which are provided by the Company. (4) The Company is not responsible for any loss and damage caused by the Member's participation in the promotional campaigns running on or through the Service.
Article 4. Obligations of Contracting Parties
Section 13. Obligations of the Company (1) The Company shall promptly respond to the suggestions or complaints of the Members if those are deemed reasonable. In the event that a prompt response is not possible, the Company shall give the Member the reason and the approximate date when he or she is expected to receive an answer. (2) The Company shall protect the Member's personal information from being disclosed from the service system. The Company shall also protect personal information from being disclosed or provided to third parties, unless otherwise stated by law. (3) The Company shall promptly repair or restore failed or destroyed equipment to ensure continuous and reliable operation. However, the Company may not do so for reasons outside the Company's control such as natural disaster, state of emergency, etc. (4) The Company shall make efforts for the convenience of the Members regarding the contracts when entering into agreements, changing the Terms, and terminating the agreements. (5) The Company shall publicly announce and conform to its Privacy Policy for the protection of personal information.
Section 14. Obligations of the Member (1) The Member shall agree to the Terms on the first launch of the Service when applying to use it, and conform to the Terms. (2) The Member shall pay the Service fees honestly and legally. (3) The Member shall conform to any relevant laws, these Terms, use instructions and any other instructions communicated through the Service, and any notice given by the Company. The Member shall not engage in any activities which may interfere with the operation of the Company. (4) The Member shall not engage in any profit-making activities using the Service without prior consent from the Company. The Member shall also not distribute or post any unlawful materials. (5) The Member is responsible for managing his or her own device, and any outcome resulting from the Member's negligence will not be the responsibility of the Company. (6) The Member shall not pay the Service fees using other person's credit card, wireless phone, or property of others without the owner's consent. (7) The Member shall not post any of the following contents which are against public order or morals: 1. Contents which are of criminal nature, or aid and abet criminal activities 2. Contents which promote antisocial actions 3. Contents which harm moral values or public order 4. Contents which are defamatory or infringe on the rights of others 5. Contents which are abusive or sexually explicit 6. Contents which are harmful or racially objectionable 7. Other contents which interfere with the normal operation of the Service (8) The Member shall not use the Service which is provided by the Company for any purpose other than the original one, or engage in any of the following activities: 1. Harass, threaten, or intimidate another Member, or constantly cause pain or discomfort to a certain Member 2. Pretend to be an official in-game operator, an employee of the Company, or the representative of the Company 3. Alter the program without being given special permission or hack the server 4. Advertise or promote other company's products within the Service 5. Improperly use the Service; trade pirated software within the Service 6. Trade other Members' personal information or any information which invades privacy within the Service 7. Use or distribute software / hardware developed or distributed by the user or third party, which is run in connection with the Service or interferes with the operation of the Service 8. Use the Service in a way that exploits the program bugs 9. Cause or promote other Members to engage in any activities from 1 to 8 (9) The Member shall not use the Service for his or her sales / advertising activities without the Company's permission. When given permission, the Member shall respect the scope the Company has defined. (10) The Member shall not infringe on the intellectual property rights including copyright of the Company and third parties. (11) The Member shall not engage in any activities which might damage the Company's reputation or interfere with the operation of the Company. (12) The Member shall frequently check for notifications in the game or on the Open Market.
Section 15. Collecting and Protecting Personal Information (1) The Company will make every effort to protect personal information of the Members under relevant laws. The protection and the use of personal information of the Members are subject to relevant laws and Privacy Policy of the Company. The Company is not responsible for any information disclosed if it is attributable to the Member except when the Member has a good reason. (2) The Company may request additional information for the purposes of improving the Service, introducing other Services to the Members, etc. The Member may accept the request and provide additional information or deny the request.
Article 5. Terminating the Agreements and Limiting the Use
Section 16. Terminating the Agreements and Limiting the Use (1) If a Member engages in any of the following activities or if requested by the authorities such as Korea Communications Standards Commission, the Company may terminate the agreements with the Member or limit the Member's use of the Service for a specific period of time without prior notice, and delete the concerned post without giving prior notice. 1. Harm public order; post or distribute sexually explicit contents or links to such contents through storage space of the Service provided by the Company 2. Distribute information, writing, figures, recorded voices and other contents which are against public order and morals 3. Defame or insult others 4. Infringe on the copyright, intellectual property rights, and other rights of the Company and third parties 5. Produce or import goods which are banned by relevant laws, or send or post contents about prohibited technology or information 6. Engage in criminal activity 7. Hack or distribute viruses, or constantly sending advertisements against other people's will 8. Collect, steal, store or distribute other person's personal information 9. Pretend to be somebody else 10. Stalk or harass others 11. Register and delete the account repeatedly without a good reason to make a profit or interfere with the operation of the Service of the Company 12. Any other activities which may interfere with the operation of the Service, and activities which are against relevant laws (2) The Company may not accept the application to re-use the Service of a Member who had his or her agreements terminated under Article 5. 16-1 for a specific period of time or deny the application altogether.
Article 6. Indemnification and Exemption from Liability
Section 17. Indemnification (1) The Company shall indemnify the Member against any damage arising from the Company's intentional or gross negligence during the use of the Service by the Member. (2) The Member shall indemnify the Company against any damage arising from the Member's failure to comply with these Terms or any damage arising during the course of using the Service.
Section 18. Exemption from Liability (1) The Company is not responsible for any Service unavailability resulting from reasons outside the Company's control such as natural disaster. (2) The Company is not responsible for any difficulties the Member may experience during the use of the Service if the issue is attributable to the Member. (3) The Company does not check the credibility or accuracy of any information, material, or statements the Member posts regarding the Service. (4) The Company does not have an obligation to intervene in any disputes between the Members or between the Member and the third party regarding the Service, and the Company is not responsible for any transactions arising from sales of in-game items outside the Service. (5) The Company is not responsible for any issues arising from using free services, unless otherwise stated by law. (6) The Company is not responsible for any issues arising from common carrier's failure to provide the telecommunication service altogether or properly. (7) The Company is not responsible for any issues such as unavailability or failure of the Service arising from planned service equipment maintenance, replacement, or other works. (8) The Company is not responsible for the log-in delay or failure whose cause is not clearly known to the Company or any loss such as experience loss due to lag except when the issue is arising from the Company's intentional or gross negligence. (9) The Company is not responsible for various affairs relating to the limited time of game play which may be forced under relevant laws, the government policy, etc.
Section 19. Settling Disputes (1) Korean law shall control if any disputes arise regarding these Terms. (2) Civil procedure law shall apply if any disputes arise regarding the use of the Service.
Additional Rule These Terms of Use take effect as of August 1, 2014.