Terms of Service
Chapter 1: General Provisions
Article 1 (Purpose)
The purpose of these Terms is to define the
rights, obligations, and responsibilities of VAGAMES Co., Ltd. (hereinafter
referred to as the “Company”) and users of the game services provided via
mobile devices, as well as related networks, websites, and other ancillary
services (hereinafter referred to as the “Service”), and to set forth other
necessary matters.
Article 2 (Definitions)
① The definitions of terms used in these
Terms are as follows:
1. “Company” refers to the business entity
providing the Service via mobile devices.
2. “Member” means a person who has entered
into a service use agreement in accordance with these Terms and uses the
Service provided by the Company.
3. “Temporary Member” means a person who
provides only partial information and uses only part of the Service provided by
the Company.
4. “Mobile Device” means a device capable
of downloading or installing content for use, such as a mobile phone,
smartphone, personal digital assistant (PDA), tablet, etc.
5. “Account Information” collectively
refers to information provided by the Member to the Company, such as membership
number, external account information, device information, nickname, profile
picture, friends list, game usage information (character information, items,
levels, etc.), and payment information.
6. “Content” refers to all paid or free
digital content produced by the Company for Service provision, including games,
network services, applications, game currency, game items, etc., that can be
used on a mobile device.
7. “Open Market” refers to an e-commerce
environment established for installing and purchasing game content on mobile
devices.
8. “Application” refers to all programs
downloaded or installed via mobile devices for the use of services provided by
the Company.
9. “Game Service” means the games executed
by Members on mobile devices and ancillary services provided by the Company as
part of the Service.
② Unless otherwise defined in Paragraph 1
of this Article, terms used in these Terms shall follow relevant laws and
policies for each Service; otherwise, general commercial practices shall apply.
Article 3 (Provision of Company
Information, etc.)
The Company shall display the following
items in the game Service in a manner easily accessible to Members. However,
the privacy policy and these Terms may be made available via a linked screen.
1. Company name and representative’s name
2. Address of business location (including
the address for handling Member complaints)
3. Telephone number and email address
4. Business registration number
5. Mail-order business registration number
6. Privacy policy
7. Terms of Service
Article 4 (Effect and Amendment of
Terms)
① The Company shall post the contents of
these Terms within the game Service or on a linked screen in a manner
accessible to Members. Important matters such as Service suspension, withdrawal
of subscription, refund, contract termination, and the Company’s disclaimers
shall be clearly indicated using bold text, color, symbols, or a separate
linked screen.
② When amending the Terms, the Company
shall specify the effective date, details, and reasons for amendment and notify
Members by posting within the game Service or on a linked screen at least 7
days prior to the effective date. For amendments unfavorable or significant to
Members, notice shall be given at least 30 days prior to the effective date and
Members shall be notified individually as per Article 27(1). The differences
between the previous and amended Terms shall be clearly indicated for easy understanding.
③ The Company shall confirm Members’
consent to the amended Terms after notice. When notifying or announcing as per
Paragraph 2, the Company shall also inform Members that failure to express
consent or refusal by the effective date shall be deemed as consent. If a
Member does not express refusal by the effective date, it will be considered as
consent to the amended Terms. If a Member does not agree to the amended Terms,
either the Company or the Member may terminate the Service use agreement.
④ The Company shall provide a means for
Members to make inquiries and receive answers regarding these Terms.
⑤ The Company may amend these Terms within
the scope not violating relevant laws, such as the Act on Consumer Protection
in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the
Game Industry Promotion Act, the Act on Promotion of Information and
Communications Network Utilization and Information Protection, and the Content
Industry Promotion Act.
Article 5 (Conclusion and Application of
Use Agreement)
① The use agreement is concluded when an
applicant (hereinafter referred to as “Applicant”) agrees to these Terms,
applies for Service use, and the Company accepts the application.
② In principle, the Company accepts the
Applicant’s application. However, the Company may refuse the application in the
following cases:
1. If false information is entered or
application requirements are not met
2. If the Service is accessed via abnormal
or circumvention methods from countries where the Company does not provide the
Service
3. If the application is for purposes
prohibited by relevant laws such as the Game Industry Promotion Act
4. If the application is for purposes that
disrupt public order or decency
5. If the Service is to be used for
improper purposes
6. If the Service is to be used for profit
7. If otherwise deemed inappropriate for
acceptance
③ The Company may withhold acceptance until
the reason is resolved in the following cases:
8. If there is insufficient capacity,
difficulty in supporting specific mobile devices, or technical issues
9. If there are Service or payment system
disruptions
10. If otherwise deemed difficult to accept
the application
Article 6 (Matters Not Specified in the
Terms)
Matters not specified in these Terms and
the interpretation thereof shall follow relevant laws such as the Act on
Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms
and Conditions, the Game Industry Promotion Act, the Act on Promotion of
Information and Communications Network Utilization and Information Protection,
the Content Industry Promotion Act, or general commercial practices.
Article 7 (Operational Policy)
① Matters necessary for the application of
these Terms and those specifically delegated by the Terms may be set forth in
the game Service operational policy (hereinafter “Operational Policy”).
② The Company shall post the contents of
the Operational Policy within the game Service or on a linked screen in a
manner accessible to Members.
③ Amendments to the Operational Policy
shall follow the procedures in Article 4(2). However, in the following cases,
prior notice shall be given as per Paragraph 2:
1. When amending matters specifically
delegated by the Terms
2. When amending matters unrelated to
Members’ rights and obligations
3. When the amendment does not
fundamentally differ from the Terms and is within the predictable range for
Members
Chapter 2: Personal Information Management
Article 8 (Protection and Use of
Personal Information)
① The Company shall endeavor to protect
Members’ personal information as prescribed by relevant laws, and the
protection and use of personal information shall follow relevant laws and the
Company’s privacy policy. However, the Company’s privacy policy does not apply
to linked services other than those provided by the Company.
② Depending on the nature of the Service,
information such as nicknames, character images, and status information
unrelated to personal information may be disclosed.
③ Except as required by relevant laws or
requests from national authorities, the Company shall not provide Members’
personal information to third parties without consent.
④ The Company is not responsible for
damages caused by a Member’s fault resulting in personal information leakage.
Chapter 3: Obligations of Contracting Parties
Article 9 (Obligations of the Company)
① The Company shall faithfully comply with
the exercise of rights and fulfillment of obligations as prescribed by relevant
laws and these Terms in good faith.
② The Company shall establish a security
system to protect Members’ personal information (including credit information)
and publicly announce and comply with the privacy policy. Except as stipulated
in these Terms and the privacy policy, the Company shall not disclose or
provide Members’ personal information to third parties.
③ The Company shall make every effort to
repair or restore any equipment failure, data loss, or damage occurring during
Service improvement, except in cases of force majeure, emergencies, or
technical impossibilities.
Article 10 (Obligations of Members)
① Members shall not engage in the following
acts in connection with the use of the Service provided by the Company:
1. Entering false information during
application or information change
2. Trading, gifting, or acquiring cyber
assets (ID, characters, items, game currency, etc.) via unauthorized or
abnormal methods
3. Impersonating Company employees or
operators, using another person’s name to post or send emails, falsely stating
relationships with others
4. Using another person’s credit card,
phone, or bank account to purchase paid content, or unlawfully using another
Member’s ID and password
5. Collecting, storing, posting, or
distributing another Member’s personal information without authorization
6. Engaging in or inducing gambling,
exchanging or posting obscene or vulgar information, linking to obscene sites,
or transmitting/disseminating words, sounds, writings, pictures, or videos that
cause shame, disgust, or fear
7. Using the Service for profit, business,
advertising, promotion, political activity, electioneering, or other purposes
beyond its original intent
8. Unauthorized reproduction, distribution,
or commercial use of information obtained via the Service, or exploiting known
or unknown bugs
9. Deceiving others for gain or causing
harm to others in connection with the Service
10. Infringing intellectual property or
portrait rights of the Company or others, or damaging reputation
11. Transmitting, posting, disseminating,
or using viruses, codes, files, or programs designed to interfere with,
destroy, or disrupt normal operation of computer software, hardware, or
telecommunications equipment
12. Modifying applications, adding or
inserting other programs, hacking servers, reverse engineering, leaking or
changing source code or application data, building separate servers, or
arbitrarily changing or misappropriating parts of the website to impersonate
the Company without special authorization
13. Any other acts that violate relevant
laws, good morals, or social norms
② Members are responsible for managing
their accounts and mobile devices and must not allow others to use them. The
Company is not responsible for damages resulting from poor management or
consent to use by others.
③ Members must set and manage payment
passwords in each open market to prevent unauthorized payments. The Company is
not responsible for damages caused by Members’ negligence.
④ The Company may specify the details of
the following acts, and Members must comply:
14. Account names, character names, guild
names, and other in-game designations
15. Chat content and methods
16. Bulletin board and Service usage
methods
17. Policies for external mobile platform
partnership services such as Facebook, Google Plus
Chapter 4: Service Use and Restrictions
Article 11 (Provision of Service)
① The Company shall provide the Service
immediately to Members who have completed the use agreement as per Article 5.
However, some services may commence on a designated date as needed by the
Company.
② The Company may provide additional
services along with those specified in these Terms.
③ The Company may differentiate usage by
classifying Members by grade, usage time, frequency, and scope of Service
provided.
Article 12 (Use of Service)
① Game Service is provided during hours
determined by the Company’s business policy. The Company shall notify Members
of Service hours via the application’s initial screen or Service notices.
② Notwithstanding Paragraph 1, the Company
may temporarily suspend all or part of the Service in the following cases,
notifying Members of the reason and period in advance via the application’s
initial screen or Service notices. If prior notice is not possible, notice may
be given afterward:
1. For system maintenance, server expansion
or replacement, network instability, or other operational needs
2. For power outages, equipment failures,
Service overload, or maintenance by telecommunications providers
3. For national emergencies, wars, natural
disasters, or other uncontrollable circumstances
③ The Company provides the Service via
dedicated applications or networks for mobile devices. Members may download,
install, or use the Service for free or for a fee.
④ For paid content, the specified fee must
be paid to use the Service. Separate charges may be incurred by the mobile
carrier for downloading or using the Service via network.
⑤ Services downloaded or used via network
are provided according to the characteristics of the mobile device or carrier.
In cases of device change, number change, or international roaming, some or all
content may not be available, and the Company is not responsible in such cases.
⑥ Background tasks may occur when using
downloaded or network-based Services, which may incur additional charges
depending on the device or carrier. The Company is not responsible for such
charges.
Article 13 (Change and Suspension of
Service)
① The Company may change the Service as
needed for smooth operation or technical reasons, notifying Members in advance
within the game Service. For urgent changes such as bug fixes or
non-significant changes, notice may be given afterward.
② If it is difficult to continue the game
Service due to business transfer, division, merger, contract expiration, or
significant deterioration of profitability, the Company may suspend all
Services. In such cases, Members will be notified at least 30 days in advance
of the suspension date, reason, and compensation conditions via the application’s
initial screen or a linked screen and individually as per Article 27(1).
③ In the case of Paragraph 2, the Company
shall refund unused or unexpired paid items as per Article 24(3).
Article 14 (Collection of Information,
etc.)
① The Company may store and retain chat
content between Members, and this information is held only by the Company. It
may be accessed only for dispute resolution, complaint handling, or maintaining
game order, or by third parties authorized by law.
② When the Company or a third party
accesses chat information under Paragraph 1, the Company shall notify the
Member in advance of the reason and scope. However, for investigations,
handling, confirmation, or relief related to prohibited acts under Article
10(1), notice may be given afterward.
③ The Company may collect and use
information about Members’ mobile devices (settings, specifications, OS,
version, etc.) excluding personal information, for smooth and stable operation
and quality improvement of the Service.
④ The Company may request additional
information from Members for Service improvement or Service introduction.
Members may accept or refuse such requests, and the Company shall inform
Members of their right to refuse.
Article 15 (Provision of Advertisements)
① The Company may post advertisements
within the game Service for operational purposes. With consent, advertisements
may also be sent via email, SMS/LMS, or push notifications. Members may refuse
to receive such advertisements at any time, and the Company will not send
advertisements upon refusal.
② Banners or links within the Service may
connect to advertisements or services provided by third parties.
③ The Company is not responsible for the
reliability or stability of third-party advertisements or services connected as
per Paragraph 2, nor for any resulting damages, except in cases of willful
misconduct or gross negligence.
Article 16 (Copyright Ownership)
① Copyrights and other intellectual
property rights to content produced by the Company within the game Service
belong to the Company.
② Members shall not use or allow others to
use information with intellectual property rights belonging to the Company or
providers for commercial purposes without prior consent, including
reproduction, transmission, editing, publication, performance, distribution,
broadcasting, or creation of derivative works.
③ Members grant the Company the right to
use communications, images, sounds, and all materials and information
(hereinafter “User Content”) uploaded or transmitted via the application or
Service, including chat text, as follows:
1. To use, edit, change format, or
otherwise modify such User Content (including publication, reproduction,
performance, transmission, distribution, broadcasting, or creation of
derivative works in any form, without limitation of period or region)
2. Not to sell, rent, or transfer User
Content for commercial purposes without the prior consent of the creator
④ The Company will not use User Content not
displayed in the game or integrated with the Service (e.g., general bulletin
board posts) without explicit consent from the Member, and Members may delete
such content at any time.
⑤ The Company may delete, move, or refuse
to register posts that violate prohibited acts under Article 10(1) without
prior notice.
⑥ Members whose legal interests are
infringed by information posted on Company-operated boards may request deletion
or posting of rebuttal content, and the Company shall promptly take necessary
action and notify the applicant.
⑦ This Article remains effective while the
Company operates the game Service and continues to apply after Member
withdrawal.
Article 17 (Purchase, Usage Period, and
Use of Paid Content)
① Paid content purchased within the game
Service may be used only on the mobile device where the application was
downloaded or installed.
② The usage period for paid content shall
follow the period specified at the time of purchase. If the Service is
discontinued as per Article 13(2), the usage period for paid content without a
specified period shall be until the announced Service suspension date.
Article 18 (Restrictions on Member Use
of Service)
① Members must not violate the obligations
in Article 10. If violated, the Company may take measures such as restricting
Service use, deleting related information (posts, photos, videos, etc.), or
other actions as specified in the operational policy for each game per Article
19(1):
1. Restriction of certain privileges: e.g.,
chat privileges for a certain period
2. Character restriction: limiting use of a
Member’s character for a certain period or permanently
3. Account restriction: limiting use of a
Member’s account for a certain period or permanently
4. Member restriction: limiting use of the
game Service for a certain period or permanently
② If the restriction is justified, the
Company is not liable for damages suffered by the Member due to the
restriction.
③ The Company may suspend Service use for
the relevant account until investigations are completed in the following cases:
5. If a legitimate report is received that
the account has been hacked or stolen
6. If illegal program use or other illegal
activity is suspected
7. If otherwise deemed necessary for
temporary suspension
④ After investigation under Paragraph 3,
for paid game Services, the Company shall extend the Member’s usage time or
provide equivalent paid services or cash as compensation, except where the
Member is at fault.
Article 19 (Reasons and Procedures for
Restrictive Measures)
① The Company shall specify the reasons and
procedures for restrictive measures per Article 18(1) in the operational
policy, considering the content, degree, frequency, and consequences of
prohibited acts under Article 10(1).
② When taking restrictive measures, the
Company shall notify the Member in advance of the following:
1. Reason for restriction
2. Type and duration of restriction
3. How to appeal the restriction
However, in urgent cases, notice may be
given afterward.
Article 20 (Procedure for Objection to
Restrictive Measures)
① If a Member objects to the Company’s
restrictive measure, they must submit a written or equivalent objection stating
the reason within 14 days of receiving the notice.
② The Company shall respond in writing, by
email, or by equivalent means within 15 days of receiving the objection. If a
response is not possible within this period, the Company shall notify the
reason and schedule.
③ If the objection is valid, the Company
shall take appropriate measures.
Chapter 5: Withdrawal of Subscription,
Refunds of Overpayments, and Termination of Agreement
Article 21 (Payment)
① In principle, the imposition and payment
of purchase prices for content shall follow the policies or methods set by
mobile carriers or open market operators. Limits for each payment method may be
set or adjusted according to the policies of the Company, open market
operators, or government guidelines.
② When paying for content in foreign
currency, the actual billed amount may differ from the displayed price due to
exchange rates or fees.
Article 22 (Withdrawal of Subscription,
etc.)
① Members who have entered into a purchase
contract for paid content may withdraw their subscription within 7 days from
the later of the purchase date or the date content became available, without
incurring any fees or penalties.
② Members may not withdraw their
subscription against the Company’s will in the following cases. However, for
divisible content, withdrawal is possible for portions not subject to the
following:
Paid content used or applied immediately
upon purchase
1. Content with additional benefits where
such benefits have been used
2. Content where opening is deemed use or
the utility is determined upon opening, and opening has occurred
③ For content not eligible for withdrawal
under Paragraph 2, the Company shall clearly indicate this and provide trial
products or information to prevent interference with Members’ rights. If the
Company fails to do so, withdrawal is permitted regardless of Paragraph 2.
④ Members may withdraw their subscription
within 3 months of the date content became available, or within 30 days of
discovering or being able to discover that the content differs from
advertisements or the contract.
⑤ When a Member withdraws their
subscription, the Company shall verify the purchase via the platform or open
market operator and may contact the Member for confirmation or request
additional evidence.
⑥ Upon withdrawal under Paragraphs 1–4, the
Company shall retrieve the paid content and refund the amount within 3 business
days. If delayed, the Company shall pay interest as prescribed by the Act on
Consumer Protection in Electronic Commerce and its Enforcement Decree.
Article 23 (Refund of Overpayments)
① The Company shall refund any overpayments
to the Member. If the overpayment is due to the Member’s fault, the Member
shall bear the actual costs incurred within reasonable limits.
② Payments via applications follow the
payment methods provided by open market operators; for overpayments during
payment, requests for refunds must be made to the Company or the open market
operator.
③ Communication charges incurred from
downloading applications or using network services are not subject to refund.
④ Refunds are processed according to the
policies of the relevant open market operator or Company, depending on the
mobile device’s OS.
⑤ The Company may contact the Member for
information necessary for the refund and shall refund within 3 business days of
receiving the necessary information.
Article 24 (Termination of Agreement,
etc.)
① Members may terminate the use agreement
at any time by withdrawing membership. All game usage information held in the
game Service will be deleted and cannot be recovered.
② If a Member commits acts prohibited by
these Terms, operational policies, or Service policies, or if there are other
significant reasons for not maintaining the contract, the Company may suspend
Service or terminate the agreement after prior notice and a specified period.
③ Refunds and compensation under Paragraphs
1 and 2 are handled in accordance with the “Content User Protection Guidelines.”
④ To protect personal information, the
Company may terminate the agreement and destroy personal information for
Members who have not used the Service for one year (“dormant accounts”),
notifying the Member at least 30 days in advance.
Chapter 6: Compensation for Damages and
Disclaimers
Article 25 (Compensation for Damages)
① If the Company or a Member violates these
Terms and causes damage to the other party, they are liable for compensation
unless there is no intent or negligence.
② If the Company provides individual
services via a partnership and the Member agrees to the individual service
terms, the individual service provider is liable for damages caused by their
intent or negligence.
Article 26 (Disclaimer by the Company)
① The Company is not liable for Service
provision failures due to force majeure such as natural disasters.
② The Company is not liable for damages
caused by maintenance, replacement, inspection, or construction of Service
equipment, except in cases of intent or negligence.
③ The Company is not liable for Service
disruptions due to the Member’s intent or negligence, except in unavoidable or
justified cases.
④ The Company is not liable for the
reliability or accuracy of information or materials posted by Members, except
in cases of intent or gross negligence.
⑤ The Company is not obligated to intervene
in transactions or disputes between Members or third parties via the Service,
nor is it liable for resulting damages.
⑥ The Company is not liable for damages
arising from the use of free Services, except in cases of intent or gross
negligence.
⑦ The Company is not liable for Members’
failure to achieve or loss of expected benefits through the Service.
⑧ The Company is not liable for loss of
experience, grades, items, or game currency, except in cases of intent or
negligence.
⑨ The Company is not liable for third-party
payments resulting from the Member’s failure to manage passwords, except in
cases of intent or negligence.
⑩ The Company is not liable if content
functions are unavailable due to device changes, number changes, OS version
changes, international roaming, or carrier changes, except in cases of intent
or negligence.
⑪ The Company is not liable if the Member
deletes content or account information provided by the Company.
Article 27 (Notification to Members)
① When the Company gives notice to a Member, it may do so via the Member’s
email address, electronic memo, in-game message within the game service, or
text message (LMS/SMS), among other means.
② When giving notice to all Members, the Company may substitute the notice in
Paragraph 1 by posting it within the game service for at least seven days or by
displaying a popup screen, etc.
Article 28 (Member Grievance Handling
and Dispute Resolution)
① The Company shall provide guidance within the game service or on a linked
screen regarding how Members can submit opinions or complaints, taking Member
convenience into consideration. The Company shall operate dedicated personnel
to handle such opinions or complaints from Members.
② If an opinion or complaint raised by a Member is objectively recognized as
legitimate, the Company shall process it promptly within a reasonable period.
However, if processing takes a long time, the Company shall notify the Member
of the reason for the delay and the expected schedule either by posting a
notice within the game service or by giving notice in accordance with Article
27, Paragraph 1.
③ If a dispute arises between the Company and a Member and a third-party
dispute resolution agency mediates, the Company shall faithfully provide
evidence of any actions taken against the Member, such as usage restrictions,
and may comply with the mediation of the dispute resolution agency.