Terms of Service
1. Objective
The objective of this Terms of Service is to stipulate the rights,
obligations, responsibilities, and other the necessary prerequisites
regarding the use of the game service (the “Service”) provided by
Cheritz Co., Ltd. (from now on “Company”) between the Company and
the service users (“User”) of the Service.
2. Definitions
In this Terms of Service, the following words have the meaning set
out below. The words not defined below follows the definitions in
the related laws and regulations.
“Company” refers to Cheritz Co.Ltd.
“User” means the client that has agreed to this Terms of Service,
therefore granted the entitlement to use the Service provided by the
Company.
“User Account” means a combination of letters and numbers selected
by the User and approved by the Company to provide a seamless
Service.
“Password” means a combination of letters, numbers, and symbols
selected by the User to confirm the User Account belongs to the
User.
“Service” refers to the game contents provided by the Company in the
form of an Application to the User.
“Smart Device” refers to wired and wireless devices such as a mobile
phone, smartphone, PDA, Tablet, or portable game device that can use
the Service.
“Application” refers to all programs downloaded or installed on the
Smart Device to use the Service provided by the Company.
“App Store Operator” means the open market operator that makes it
possible to download the Application provided by the Company and to
make In-App Purchases.
“Platform Operator” means the operator that collaborates with the
Company to provide the Service and their related services.
“In-App Purchase” means the transactions made in the Application to
purchase items, features, and Paid Contents.
“Paid Content” refers to contents the User may obtain through In-App
Purchases to enjoy a specific effect or efficacy while using the
Service.
“Free Content” refers to free contents the User may obtain free of
charge through gifts of other Users or by using the Service.
3. Validity and Modification of Terms of
Service
3.1 By the characteristics of a user
agreement, this Terms of Service is evinced on the Company website
or in the Application used for the Service. It is valid
immediately after the User installs or executes the Application.
3.2 The Company may modify this Terms
of Service to the extent not inconsistent with the relevant laws
or regulations.
3.3 The Company may modify this Terms
of Service to comply with the change in related laws or improve
the rights, obligations, and Service provided to the User. The
Company shall be notified of the modified terms seven (7) days
prior the date it is effective via the Company website, the
official page, and the Application. (with details such as the
effective date, changes, and reasons of changes). The User may be
notified thirty (30) days before the effective date of the
modified Terms of Service if the matter may have a serious effect
on the rights or the obligations of the User.
3.4 The User has the rights to
disagree with the modified Terms of Service. If the User disagrees
with the Terms of Service, the User may discontinue using the
Service and terminate the user agreement.
3.5 The Company shall assume that the
user consents to the modification in the policy if the user does
not explicitly express disagreement in the change of policy by the
effective date even after the Company has notified the user in the
same manner shown in section 3.4.
4. Regulations Not Explicated in the Terms of
Service
4.1 There may be separate policies not
explicated in this Terms of Service. Those policies shall comply
with the relevant law or regulations put forward by the government
of the Republic of Korea.
5. Establishment of the service use agreement
5.1 Service use agreement is
established when the User agrees to this Terms of Service,
downloads the Company's game, or uses the Service through the
network.
5.2 If the User disagrees with this
Terms of Service, the User may withdraw by logging out and
deleting the Application.
5.3 The User may not claim the User’s
rights while using the Service with stolen personal information,
and the Company may cancel or discontinue the user agreement. Same
applies in the cases where the User provides personal information
to use the Service through a Platform Operator.
5.4 The Company may decline the
request for use under the following circumstances:
(a) When the purchase price of the
Paid Contents is not paid, or the payment cannot be confirmed
due to an improper transaction;
(b) When the User that has been
banned within the past three (3) months or permanently banned
for violating the service operation policy requests for use;
(c) In the case where the User in a
nation outside of the Republic of Korea that the Company has not
decided to provide the Service uses the Service, access to the
Service may be limited due to agreements made between the
Company and the overseas service operator, or the service may be
limited in cases where access from certain nations have to be
limited;
(d) When the request for use is made
with intent to violate laws such as 「Game Industry Promotion
Act」, and 「Act On Promotion of Information And Communications
Network Utilization And Information Protection.」 or other
related laws; and
(e) In other circumstances
equivalent to the circumstances mentioned above.
6. Protection and Use of Personal Information
6.1 The Company may display
advertisements to maintain the Service, and the User agrees to be
exposed to advertisements.
6.2 In compliance with the related
laws, the Company shall protect the personal information of the
User including the User Account. The protection and use of the
personal information of the User follow the related laws and the
Company’s privacy policy. The Company’s privacy policy does not
apply to the Service and Applications that are not provided by the
Company.
6.3 When identification is necessary,
the Company may notice the User of the purpose/use of the
identification and request the user for the copy of their ID card
or equivalent. The Company may not use the provided personal
information outside of the stated purpose and destroy the
collected personal information immediately after accomplishing the
purpose.
6.4 Except for the cases that a
government agency requests the personal information of the User
for purposes according to the related laws, the Company may not
provide the personal information of the User to other parties
without the permission of the User themselves.
7. Management and Modification of Personal
Information
7.1 The Company performs various User
management tasks such as determining the availability of the
Service to the User based on the User Account.
7.2 The User must manage their
personal information in good faith and modify it whenever it needs
to be changed to use the Service. The User is accountable for any
loss from delays in modifying the information or loss from
omitting information.
7.3 The Company shall not be held
liable for the User’s loss from the User’s mistreatment of their
own personal information or the User’s loss caused by the User
granting the use of their personal information to a third-party.
The Company shall not be held liable for any information willingly
exposed by the User themselves.
8. The Obligations of the Company
8.1 The Company shall comply with the
related laws and fulfill the rights and obligations stated in this
Terms of Service in good faith.
8.2 If the opinion or complaint by the
User is recognized to be objectively legitimate, the Company shall
take reasonable procedures to manage it promptly. If prompt
management is not possible, the Company shall notify the User of
the reason and the processing schedule.
8.3 Unless there is an unavoidable
reason, the Company shall put the utmost effort into providing a
stable and continuous Service.
8.4 The Company shall put the effort
in providing convenience to the User in the procedures and
contents of the signing of the user agreement, modification of the
Terms, or discontinuation.
9. The Obligations of the User
9.1 The User shall comply with this
Terms of Service, miscellaneous policies by the Company and the
matters notified by the Company. The User shall not engage in
activities that interfere with the business of the Company or
tarnish the reputation of the Company.
9.2 The User shall comply with the
related laws such as the 「Juvenile Protection Act」. If the User
violates the related laws such as the 「Juvenile Protection Act」,
they may be punished according to the relevant laws and
regulations.
9.3 The User is responsible for their
User Account or devices and shall not allow a third-party to use
it. The purchase or use of paid contents from the user’s liability
or allowing a third-party to use the User’s device cannot be
canceled nor refunded.
9.4 The User shall not use the Service
provided by the Company outside of the original purpose of use.
The Company may restrict the User from using the Service in the
cases where user engages in following conducts. Also, The User
themselves is responsible for any problems that arise from
engaging in the following conducts:
(a) Using someone else’s personal
information or submitting false information when providing
personal information to the Company for purposes such as User
inquiry, restoration or refund request of the Paid Content, and
winning an event;
(b) Stealing or misusing another
User’s User Account or Using others’ credit card, phone, and
bank account without permission to purchase Paid Contents;
(c) Modifying the Company’s program,
hacking the Company’s server, or using the Company’s Service in
an unintended way without the permission of the Company;
(d) Engaging in trading or selling
contents such as Paid Contents with others through services not
provided by the Company;
(e) Commercially or non-commercially
using information obtained through the Company’s Service or
using unknown bugs to use the Service;
(f) Harming or deliberately
interfering with the Service;
(g) Generating profits for oneself
or others through the Company’s service or Application;
(h) Harming or tarnishing the
reputation of others;
(i) Violating the rights such as
portrait rights, intellectual property rights of the Company or
others;
(j) Profiting by taking advantage of
a third party, using the Service provided by the Company in a
toxic manner, or using the Service to harass a third party;
(k) Facilitating or participating in
gambling;
(l) Damaging, corrupting, altering,
or falsifying the information and communication systems, data,
program, Application, or interrupting the operation;
(m) Altering the Application without
authorization, adding additional programs to the Application, or
tampering/modifying the data communication between the server
and the Application;
(n) Using the Service for reasons
such as to profit, to sale, to advertise, engage in political
activity, and engage in illegal political campaigns without the
permission of the Company; and
(o) Violating any other public order
and morals or engage in illegal or unlawful conduct or violate
any related laws or regulations.
10. Provision the Service
10.1 The Service User agreement is
established when the User agrees to this Terms of Service,
downloads the Company’s game, or uses the Service through the
network. Depending on the needs of the Company, certain Services
may become available after a designated date.
10.2 The Company may provide game
Services to the User, and may also provide additional services
including the Services stated in this Terms of Service
10.3 Unless there are business or
technical disruptions, the Company shall provide the Service
24/7/365. In the cases where it is operationally necessary, such
as periodic system maintenance, expansion/replacement of servers,
patching bugs, and modification of Service, the Company may
temporarily cease providing the Service. In those cases, the
Company shall notify the User in advance of the content and
duration through the official social network or in the
notification board of the Application. If the circumstance does
not allow the Company to notify the User in advance, the Company
shall notify the users after the fact.
11. Use of Service
11.1 The User shall use the Service in
compliance with this Terms of Service, service policy, and terms
of use.
11.2 The Company holds the
all-encompassing rights to the Service including the operation or
interruption of the Service.
11.3 The Company shall provide the
Service through the network or a dedicated Application for the
Smart Device. The User may download and install the Application or
use the network to use the service free or for a fee.
11.4 The User shall pay the fee
indicated in the Service to use the Paid Contents. Additional fees
may apply while using the network to download the Application or
to access the Service depending on the User’s mobile carrier.
11.5 The installed Application and the
Service provided through the network is tailored to the
characteristics of the Smart Device or the mobile carrier. The
Company is not responsible for the unavailability of parts or the
entirety of the contents due to replacing the Smart Device,
changing the phone number, or roaming the phone.
12. Change and interruption of the Service
12.1 The Company may modify the
Service depending on its operational or technical needs. The
details of the modification and the effective date shall be
notified to the Users on the website or the Application in
advanced. In cases such as an occurrence of a critical bug that
cannot be addressed by the Company, malfunction of the server
device, and emergency security issues where the circumstance does
not allow the Company to notify the User in advances, the Company
shall notify the User after the fact.
12.2 The Company reserves the rights
to interrupt the entirety of the Service after evincing the
interruption of the Service on the website or the Application
according to the plan or operational needs of the Service or when
the Company is in an emergency. The User shall not demand the
resumption of the Service or demand compensation for the loss from
the interruption of the service other than the loss from not being
able to use the purchased Paid Contents.
12.3 The Company reserves the right to
interrupt the Service entirely or partially under the following
circumstances:
(a) The occurrence of events that
cannot be controlled such as war, natural disasters, or National
emergencies;
(b) The occurrence of events that
hinders the normal use of the Service such as a blackout,
failure of infrastructures, or congestion of usage;
(c) The occurrence of inevitable
events such as the maintenance of the Service equipment; and
(d) Miscellaneous circumstances that
do not permit the Company to provide the Service.
12.4 The Company is free of liability
for any problems arisen by the change or interruption of the
Service unless the change or interruption of the Service is due to
the negligence of the Company.
13. Service Use Restriction
13.1 The Company shall restrict the
User from using the Service without notification when the User
violates the matter stipulated in article 9 of this Terms of
Service.
14. Provision of Information And insertion of
Advertisements
14.1 The Company may request the User
for additional personal information for reference or for improving
the Service. The User reserves the rights to refuse providing
additional information. The collected User information shall not
be used outside of the purposes stated in the privacy policy.
14.2 The Company may insert
advertisements in the Service to maintain the Service. The User
agrees to be exposed to advertisements while using the Service.
14.3 The Company shall not be held
liable for the loss and damages caused to the User by engaging the
advertisements subjected to a third-party service provided by the
Company stipulated in section 14.1.
14.4 The Company may incorporate the
push notification of the device to send the advertisements
stipulated in section 14.1. The User may disable the push
notification function in the Application to not receive those
advertisements.
15. Belonging of Copyrighted Material and
Restriction of Its Use
15.1 The copyright and other
intellectual property rights of the Publications published by the
Company belong to the Company.
15.2 The User shall not profit from
the information acquired from using the Service nor surrender the
information to a third party.
16. Purchase, Usage, and Period of Use of Paid
Contents
16.1 The User may purchase Paid
Contents according to the billing operation policies of the App
Store Operator of the Smart Device. The purchase price of paid
contents may differ according to the method and policy determined
by App Store Operator, or the mobile communication company, or the
platform operator connected with the App Store Operator, and the
payment method follows the policy of the corresponding company.
16.2 The Paid Contents in the Service
purchased by the User shall be used exclusively on the Smart
Device that the game Service was downloaded or installed.
16.3 The period of use of the Paid
Contents is one (1) year from the date of purchase, and the User
shall lose the rights to use the purchased Paid Content after the
period of use expires. The Paid Contents with a separately stated
period of use follows the stated period of use. The User shall use
the Paid Contents exclusively on their own User Account expect for
situations separately stated by the Company. The Paid Content
shall not be given, lend, sold, or exchanged with a third party.
17. In-App Purchases
17.1 The Company’s Application
includes an In-App Purchase function for purchasing Paid Contents.
17.2 The User is responsible for
preventing a third party from making an In-App Purchase with the
User’s User Account by setting up a Password on their Smart Device
and using the Password functions provided by the App Store
Operators. The Company shall integrate an In-App-Purchase module
and library in the Application that complies with the
Recommendation of the Korea Communications Commission, and 「Open
Market Mobile Content Payment Guidelines.」
17.3 The Company shall not be held
responsible for unwanted In-App Purchases made by a third party on
the User’s User Account due to the User not using the In-App
Purchase prevention feature or carelessly exposing their Password
to others.
17.4 If the User is signed up to their
mobile carrier’s youth plan, it shall be assumed that any In-App
Purchases conducted on the User’s device is under the consent of
the legal guardian of the User.
17.5 The User must make the payments
for the In-App Purchases promptly.
17.6 Transaction limits may be
implemented or adjusted for each payment method according to the
policy of the Company or the billing operator (such as the mobile
carrier, and App Store Operator).
18. Cancelation and Refund of the Payment
18.1 The User may cancel the payment
of the Paid Contents without additional fees within seven (7) days
of the purchase date or from the day the Paid Content is available
for use. In compliance with the section 17.2 of the 「Act on the
Consumer Protection in Electronic Commerce, etc.」, there may be
restrictions on canceling the payment for Paid Content that is
already used or assumed to be used.
18.2 In cases where the User is not
able to use the Paid Contents they purchased in the Service for
reasons mentioned in section 12.3 or section 14.1 of this Terms of
Service, or other liabilities of the Company, the Company shall
compensate the User with Paid Contents of equal value or grant
full refund regardless of the purchase date.
18.3 The refund of the Paid Contents
shall follow the refund policy of the User’s App Store Operator.
The details of the refund procedure may differ depending on the
refund policy of the App Store Operator. After the refund is
completed, the refunded amount shall be deducted from the User’s
Paid Contents. In the Cases where the User has received a
different Paid Content from what they have purchased, the refund
shall be made by the Company in the manner outlined in section
18.2. If the User uses a part of that Paid Content, the Company
shall compensate the User with same or similar Paid Contents only.
18.4 The Company shall assume the User
is expressing their intention to use when the purchased Paid
Contents is used to obtain Free Contents. The Company shall also
assume the User is expressing their intention to use when the
entirety or portion of the Paid Content is used. In the case where
the User accepts the terms in the screens related to transmission
and reception of Paid Contents such as message box and gift box,
it shall be assumed that the User expresses their intention to
use. This includes cases where the purchase was made through a
different person outside of the intention of the user.
18.5 The Paid Contents obtained
through means other than In-App Purchases that are recorded in the
transaction history such as using the Service, receiving it as a
gift from another User, or events held by the Company shall not be
subject to refund.
18.6 Cancelation of payment for the
Paid Contents shall be restricted in the following situations. The
Company shall warn the User before the purchase of Paid Contents
that are subject to these conditions:
(a) Paid Content that is effective
or applied to the Service immediately after the Purchase;
(b) Items obtained through the
natural use of the Application;
(c) Using the bonus that came with
the purchases of a Paid Content;
(d) Using parts of the Paid Contents
that is purchased in a bundle;
(e) Opening the loot box type Paid
Contents that reveals the obtained item only after its opened;
and
(f) Paid Contents that are partially
used or Paid Contents that lost value due to the passing of
time.
18.7 The User may request cancelation
of payment or refund through the Company’s customer service. The
customer service shall request the User to agree to a separate
agreement on the handling of personal information before the
Company reviews the purchase history through the platform operator
or the App Store Operator. During this procedure, the Company may
contact the User through the contact information provided by the
User to confirm the reason of cancelation and request additional
information if it is necessary.
18.8 The payment in the Application is
made through the method of payments provided by the open market
operator. Therefore, the refund request for overcharge should be
made to the open market operator in principal. When the policy and
the system permit, the Company may request the open market
operator to perform the refund process.
18.9 Purchase of the Paid Contents
made in the Application by an underage User without the permission
of their legal guardian shall be canceled by the underage user or
their legal guardian. The cancelation of payment shall be
restricted If the underage User’s purchase of the Paid Contents is
made within the allowance their legal guardian has permitted the
User to spend or the purchase is made by an underage User
providing false information indicating they are of legal age.
Whether the buyer of the Paid Contents is underage or not shall be
determined by the name on the credit card or the Smart Device that
is used for the transaction. The Company may request documents
identifying the underage User and the legal guardian if necessary.
18.10 The Paid Contents purchased
through the gift feature is non-refundable in principle unless
there is a flaw in the Paid Contents. The refund of the flawed
Paid Contents shall be made to the sender of the gift only.
19. Effect of the Payment Cancelation
19.1 The Company shall promptly
collect or delete the Paid Contents of the User when the User
cancels the payment in accordance with section 18.1 of this Terms
of Service. The refund shall be made within three (3) business
days from the collection or deletion of the Paid Contents.
19.2 If the refund mentioned in
section 19.1 is delayed, the Company shall pay the interest on
delayed payment according to the 「Act on the Consumer Protection
in Electronic Commerce, etc.」 and the enforcement decree of the
same law.
19.3 The Company shall request the
operator of the payment method (such as credit cards or other
payment methods designated in 「Act on the Consumer Protection in
Electronic Commerce, etc.」) used by the User to stop or cancel the
payment process without delay. If the payment is already made to
the Company by the operator, the Company shall refund the payment
to the operator and notify the User.
19.4 If the User has already used some
of the goods or consumed some of the goods, the Company may charge
the User the amount equivalent to the profit obtained by the User
from partial consumption or some consumption of the goods or
equivalent to the supply cost of the goods.
19.5 When the User has canceled the
payment in accordance with section 18.1 of this Terms of Service,
the User shall pay the fees necessary to the refund. The Company
shall not charge a penalty or demand compensation for loss to the
User.
20. Overcharge Refund
20.1 The Company shall refund the
overcharge to the User when an overcharge occurs by intention or
the fault of the Company. If an overcharge occurs by intention or
fault of the User, the User shall pay for the cost of refund to a
reasonable extent.
20.2 The User shall make the payment
in the Application through the method of payments provided by the
open market operator. In principle, the User should make the
refund request for overcharge to the open market operator. When
the policy and the system of the open market operator permit, the
Company may request the open market operator to perform the refund
process.
20.3 The charges generated from
downloading the Application or using the network service (such as
data cost) may be excluded in the refund.
21. Withdrawal from the Service User Agreement
and Restriction of Service Use
21.1 The User may withdraw from the
service user agreement by deleting the User Account if the User
does not desire to continue using the Service. The User Account
shall be deleted immediately, and the User Account information
cannot be restored.
21.2 The User shall be restricted from
using the Service or shall be withdrawn from the service user
agreement under the following circumstances:
(a) Providing false information
while registering to use the Service;
(b) Intentionally interrupting the
operation of the Service;
(c) Stealing the User Account and
Password of others;
(d) Transmitting massive amount of
information or advertisements with the intention of interrupting
the stable operation of the Service;
(e) Spreading malware that causes
damage to the Company and the User; and
(f) Other conducts that violate the
Service policy.
21.3 In the case where the User is
withdrawn from the service user agreement due to circumstances
stated in section 21.2, the User shall not use the downloaded
contents. The Paid Content payment, and the data cost shall not be
refunded
22. Compensation for damage
22.1 The Company shall not be liable
for any damages incurred by the User while using the Free Contents
in the Service. However, The Company shall compensate the User for
the damage caused by the Company’s fault.
22.2 In the case where the Company
makes an agreement with an individual service provider and
provides individual services to the user, the individual service
provider shall be liable for the damages the User may suffer
caused by the individual service provider's fault after the User
agrees to the individual service user agreement.
22.3 In the case where the User causes
damage to the Company in the process of using the Service or by
breaching this Terms of Service, the User shall compensate the
Company for the damage.
22.4 In the case where a third party
demands for compensation or files a lawsuit against the Company
for the damage caused by the User breaching this Terms of Service
or the damage caused by the User engaging in illegal conduct while
using the Service, the User is obligated to indemnify the Company
on their own expense. The User shall compensate the damage
suffered by the Company because of the failure of the User to
indemnify the Company.
23. Disclaimer
23.1 The Company shall not be held
responsible for not providing the Service for uncontrollable
reasons such as war, natural disasters, national emergency,
technical defects that are difficult to resolve.
23.2 The Company shall not be held
responsible for the damage the User suffers from inevitable causes
such as maintenance, replacement, and construction of the Service
equipment.
23.3 The Company shall not be held
responsible for the occurrence of issues caused by the environment
of Smart Device or issues due to the network environment issue
that is not the fault of the Company.
23.4 The Company shall not be held
responsible for the interruption of the Service or withdrawal from
the service user agreement due to the fault of the User.
23.5 The Company shall not be held
responsible for the credibility or accuracy of the information,
resource, or facts published by the User regarding the Service.
23.6 The Company shall not be held
responsible for the disadvantages and loss of information caused
by the User modifying their personal information (including the
User Account).
23.7 The Company has no obligation to
mediate in the dispute between the Users or the dispute between
the User and a third party regarding the Service. The Company
shall not be held responsible for any damages resulting from the
disputes.
23.8 The Company shall not be held
accountable for incidents related to the services provided free of
charge unless there are specific policies in the related laws.
23.9 The Company shall not be held
responsible for the User not gaining the benefits they have
expected from using the Service.
23.10 The Company shall not be held
responsible for the damage the User suffers from not providing the
correct personal information and E-mail address.
23.11 The Company shall not be liable
for any damages incurred by the User while using the Free Contents
in the Service. However, The Company shall compensate the Use for
the damage caused by the fault of the Company.
23.12 The Company shall not be held
responsible for the User’s loss of in-game experience points,
level, item, in-game currencies unless the fault of the Company
causes it.
24. Governing Law and Jurisdiction
24.1 If the matters not specified in
this Terms of Service are stipulated in the related laws, they
shall be subject to the provisions.
24.2 In cases where a lawsuit is filed
due to a dispute arising from the use of the Service, the court
under the procedures set forth by the laws and regulations of the
Republic of Korea shall be the competent court.
24.3 The disputes between the Company
and the User arising from the Service use shall be resolved
satisfactorily by the agreement of both parties.
[Addendum]
This Terms of Service is effective from September 20th of 2018.