TERMS OF SERVICE

Game Services

Chapter 1. General provisions

Article 1 (Purpose)

To stipulate the rights, duties, and responsibilities between the Company and members, including other necessary matters with regard to the use of online games and all associated services (hereinafter referred to as “game services”) provided by CookApps 106 Co., Ltd. (“Company”).

Article 2 (Definitions)

① The terms used in these Terms of Use are defined as follows:

1. “Company” means an online game service provider.

2. “Member” means a person who agrees to these Terms of Use and who is given the right to use the game services.

3. “Game services” mean the online games and all associated services provided by the Company.

4. “Game world” means a variable, virtual world for amusement where a multitude of members play video games according to the prescribed rules (“game rules”) while engaging in good use of leisure, promotion of friendship, information intermediary, etc.

5. “ID” means a combination of characters, numbers, or special characters selected by members and assigned by the Company to identify members and to enable use of the game services.

6. “ID information“ means the general information provided by a user to the Company such as: user’s ID, password, and name; game use information; and computer-generated information such as status of use fee payment, etc.

7. “Character” means game data selected and controlled by members according to the methods provided by the Company within the game world to use the game services.

8. “Password” means a combination of characters, numbers, or special characters selected and managed confidentially by a member to protect the member’s information and rights and interests with the confirmation of ID that corresponds to the account given.

9. “Diamonds” means a virtual payment method for using or purchasing the game services.

10. “Charge” means purchase of Diamonds by the member by paying the Company.

11. “Free Diamonds” means Diamonds retained by methods other than charge, including gift Diamonds given by another member and bonus Diamonds additionally provided at the time of Diamond charging. Free Diamonds cannot be refunded.

12. “Points” means virtual data with no property allotted by the Company of its own accord and which are given free of charge to be used for using or purchasing the game services.

13. “Postings” mean all information consisting of text, documents, pictures, voices, and images or combination thereof posted by members in using the services.

14. “Automated settlement” means a payment method wherein Diamonds are automatically charged by the payment method designated by a member on a regular basis or paid services (excluding Diamonds) are automatically purchased using the Diamonds retained by the member. If, at the time of payment, the balance of Diamonds is insufficient for purchasing a paid service through the automated settlement method, the Diamonds are automatically charged using the payment method designated by the relevant member.

② The terms used in these Terms of Use are defined by related laws and other general commercial practices except the definitions set forth in Paragraph ① above.

 

Article 3 (Provision of company information, etc.)

The Company shall post the following on the game service initial screen or game service homepage (http://106crew.com/) for members to be aware of them. (Note, however, that the personal information processing policy and the Terms of Use can be viewed by members via a connected screen.)
1. Personal information processing policy

2. Terms of Service Use

 

Article 4 (Specifying and revising the Terms of Use)

①The Company shall post the Terms of Use on the initial game screen or game service homepage (http://106crew.com/) or provide a connected screen for members.

② The Company shall take measures to enable questions and answers about the Terms of Use between the members and the Company.

③ The Company shall make the Terms of Use easily understandable for persons wishing to use the game services (“users”). The Company shall make important matters such as withdrawal of subscription, refund of overpayment or erroneous payment, cancellation and termination of contract, Company’s immunity, compensation to members, etc. easily understandable for members by highlighting them in bold type or providing a connected screen or a pop-up screen and shall receive consent from users.

④ The Company may revise these Terms of Use within the scope that is in compliance with related laws such as the 「Act on Consumer Protection in Electronic Commerce, etc.」, 「Act on the Regulation of Terms and Conditions」, 「Game Industry Promotion Act」, 「Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc.」, 「Content Industry Promotion Act」, etc.

⑤ When revising the Terms of Use, the Company shall specify the application date, details of revision, reasons for revision, etc. and notify members about them through the initial screen or a screen connected to the initial screen from at least 7 days before the application date (30 days before the application date in case of matters unfavorable to members or important change) to a reasonable period of time after the application date.

⑥ With regard to the revision of the Terms of Use by the Company, the Company shall notify members about the revised Terms of Use and check members’ consent to the application of the revised Terms of Use. If the Company notifies members of the fact that failure to express consent or refusal will be deemed as consent, and a member fails to express intention to refuse, then the member is deemed to have consented to the revised Terms of Use.

⑦ If a member does not consent to the application of the revised Terms of Use, then the Company or the member may terminate the Game Services Use Agreement.

 

Article 5 (Rules other than the Terms of Use)

Matters other than those stipulated in these Terms of Use and the interpretation of these Terms of Use shall be governed by related laws such as the 「Act on Consumer Protection in Electronic Commerce, etc.」, 「Act on the Regulation of Terms and Conditions」, 「Game Industry Promotion Act」, 「Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc.」, 「Content Industry Promotion Act」, etc.

 

Article 6 (Operation policy)

① To protect members’ rights and interests and matters necessary for applying the Terms of Use and to maintain order in the game world, the Company may prescribe matters specifically delegated by the Terms of Use as a game services operation policy (“operation policy”).

② The Company shall post the operation policy on the initial screen of the game service or game service homepage or provide a connected screen for members.

③ In case of revision to the operation policy that causes important changes to members’ rights or duties or has the same effect as changes to the Terms of Use, the procedures set forth in Article 4 shall apply. In any of the following cases, however, the notification method set forth in Paragraph ② shall apply:

1. Where delegated matters whose scope is specifically defined by the Terms of Use are to be revised

2. Where matters not related to members’ rights and duties are to be revised

3. Where matters of the operation policy are not fundamentally different from those set forth in the Terms of Use, and the operation policy is to be revised within the scope that members can expect

 

Chapter 2. Conclusion of use agreement

Article 7 (Use application and method)

① Persons who want to use the game services provided by the Company shall complete the use application form provided by the initial game screen or game service homepage (http://106crew.com/) for use application.

② Users shall provide all information requested by the Company at the time of applying for use.

③ At the time of applying for use as set forth in Paragraph ① above, users shall record their real name and information. If the real name or any identifiable information is falsified, or another’s name is used, then the relevant user shall not claim the rights of members under these Terms of Use. In this case, the Company may cancel or terminate the use agreement without refund.

④ If a youth (person under 18 years including high school students under Article 2 of the 「Elementary and Secondary Education Act」) applies for use, his or her legal representative’s consent shall be obtained, and specific consent procedures shall be provided by the Company in accordance with the 「Game Industry Promotion Act」 and its enforcement decree.

 

Article 8 (Acceptance of use application and limitation)

① In case of use application wherein a user has recorded his or her real name and information as requested by the Company, the Company shall accept the application unless there is justifiable reason.

② In any of the following cases, the Company may refuse to accept the use application or may cancel its acceptance later:

 

1.
Where a use application is made in violation of Article 7

2. Where a youth (as set forth in Paragraph ④, Article 7) has not obtained his or her legal representative’ consent, or it is not impossible to confirm that such consent has been obtained

3. Where a user indicated as one of those subject to use limitation during the recent 3 months makes a use application

4. Where a user whose agreement has been terminated under Paragraph ②, Article 25 makes a use application

5. Where a user who already has more than 10 IDs (including an account for which services are limited according to Paragraph ③, Article 25 of these Terms of Use) makes a use application

6. Where a user uses the services in a country for which the Company has not yet decided to provide the services, which must then be limited in this case due to the access from a specific country or use under a foreign service provider agreement with the Company

7. Where a use application is made to engage in an illegal act prohibited by the 「Game Industry Promotion Act」, 「Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc.」, and other related laws

8. Where acceptance is deemed inappropriate for reasons based on Subparagraphs 1 through 7 above

 

③ In case of acceptance under ② above, the Company may apply different service use scope and use time, etc. to members in accordance with the company policy and related laws. The Company may request additional information for the provision of selected services or adjustment of service scope as necessary.

④ In any of the following cases, the Company may defer its acceptance until the reason is removed:

1. Where the Company has insufficient equipment or there are technical difficulties

2. Where there are disruptions in the services or service use fee payment methods

3. Where acceptance is deemed difficult for reasons based on any of the subparagraphs above

 

Article 9 (Member ID and password)

① The Company shall assign members a combination of characters, numbers, or special characters selected by members as IDs for the protection of members’ information and for the members’ convenience such as service use information, etc.

② The Company shall conduct all membership management businesses including the service availability of the relevant member through ID information.

③ Members shall manage their ID information by fulfilling the duty of due care as good managers. Members shall be responsible for damage caused by their careless management of ID information or consent to a third-party’s use.

④ Members shall assume responsibility for password management and may change their password as necessary for security, etc.

⑤ Members shall change their password on a regular basis.

 

Article 10 (Provision of and changes to members’ information)

① Members shall provide truthful information to the Company under these Terms of Use. They shall not be protected against disadvantages caused by the provision of false information.

② Members may view and edit their personal information through a personal information management screen anytime. Note, however, that some information may not be edited for reasons of service management.

③ In case of any change to matters recorded at the time of membership application, members shall edit them or let the Company know of such change through another method.

④ The Company shall not be responsible for disadvantages caused by failure to notify changes as set forth in Paragraph ③ above.

 

Article 11 (Protection and management of personal information)

① The Company shall make efforts to protect members’ personal information including ID information according to related laws. The protection and use of members’ personal information shall be governed by related laws and personal information processing policy separately notified by the Company.

② In regard to services provided by a third party and simply linked to a homepage and game service website, other than individual services provided as part of the services, the Company’s personal information processing policy shall not apply.

③ The Company shall not be responsible for all information including members’ ID information exposed due to reasons attributable to the relevant members.

 

Chapter 3. Duties of contract parties

Article 12 (Duties of the Company)

① The Company shall comply with related laws and faithfully fulfill the rights and obligations under these Terms of Use.

② The Company shall have a security system for the protection of personal information (including credit information) to enable members to use the services safely. The Company shall also notify members and observe the personal information processing policy. The Company shall neither disclose nor provide members’ personal information to a third party except in the cases set forth in these Terms of Use and the personal information processing policy.

③ In case of service disruption or data loss during service improvement for the continuous and stable provision of the services, the Company shall do its best to repair or restore service immediately except in cases involving unavoidable causes such as natural disaster, state of emergency, problem or defect, or failure that cannot be solved by current technology.

 

Article 13 (Duties of members)

① Members shall not engage in the following acts:

1. Falsifying information at the time of application or change

2. Illegal use of another’s information (including personal information and payment information)

3. Misrepresentation as executive, employee, administrator, or stakeholder of the Company

4. Changing the information posted by the Company

5. Transferring or posting information (computer program, etc.) prohibited by the Company

6. Producing, distributing, using, or advertising computer programs, equipment, or devices not provided or approved by the Company

7. Infringement of intellectual property rights including the copyrights of the Company and third parties

8. Defamation against and obstruction of business of the Company and third parties

9. Disclosing or posting obscene or abusive words, statements, images, sounds, or other information that run counter to public order and good morals

10. Disposing of (transferring, selling) game data (ID, character, game item, etc.) for a fee or making them objects of rights (providing collateral, loaning, etc.)

11. Unjust enrichment by deceiving other members

12. Using the services in any speculative or unwholesome manner

13. Abusing program bugs

14. Using the game services for purposes of profit, marketing, advertising, or political activities without the consent of the Company

15. Inducing or advertising the acts set forth in Subparagraphs 1 through 14

16. Acts prohibited by related laws or which run counter to good morals, based on socially accepted ideas

 

② With regard to these Terms of Use, use information, and game services, members shall be obligated to check and comply with matters that require attention and matters notified by the Company.

③ The Company may prescribe a specific type of act falling under Paragraphs 1 and 2 and any of the following Subparagraphs by the operation policy, and members shall be obligated to comply with it:

1. Limitation of members’ ID name, character name, blood alliance name, and guild name

2. Limitation of chat content and methods

3. Limitation of bulletin board use

4. Limitation of game playing methods

5. Matters deemed necessary for the operation of the game services in the opinion of the Company within the scope that does not infringe on the inherent right to use the game services

 

Chapter 4. Service use

Article 14 (Service change and content modification)

① Members may use the game services provided by the Company in accordance with these Terms of Use, the operation policy, and the game rules stipulated by the Company.

② The game world provided to members through the game services is a virtual world created by the Company, which shall have comprehensive rights to produce, change, maintain, and repair the content of the games.

③ The Company shall take the necessary measures to protect the game world from the real world and to maintain the order and amusement of the game world.

④ The Company may modify (patch) the game services as necessary for justifiable, operational, and technical reasons. In case of modification (patch) of a game service, the Company shall notify members about this through the relevant game site, etc. after the change.

 

Article 15 (Service provision and interruption, etc.)

① The game services shall be provided during the predetermined time according to the business policy of the Company. The Company shall notify the time of provision of the game services in a proper way through the game service initial screen or game service homepage (http://106crew.com/).

② Notwithstanding Paragraph ① above, in any of the following cases, the game services may not be provided for a certain period of time, and the Company shall not be obligated to provide the game services during the relevant time:

1. Where the maintenance and replacement of and regular check on information communications equipment including computers or the modification of game content or game services are needed

2. Where electronic infringement accidents including hacking, etc., communication accidents, members’ abnormal use behaviors, and unexpected instability of the game services need to be dealt with

3. Where the provision of the game services is prohibited by related laws in terms of specific time or method

4. Where it is impossible to provide the game services normally due to natural disaster, state of emergency, service facility disruption, or sudden increase in service use

5. Where the Company has major managerial issues such as split-up, merger, business transfer, business closure, and profit aggravation of the relevant game services

 

③ In case of Subparagraph 1, Paragraph ② above, the Company may suspend the game services during the predetermined time every week or every other week. In this case, the Company shall notify about the fact at least 24 hours ahead through the initial game screen or game service homepage (http://106crew.com/).

③ In case of Subparagraph 2, Paragraph ② above, the Company may suspend the game services without notice. In this case, the Company may notify the fact post hoc through the initial game screen or game service homepage (http://106crew.com/).

⑤ The Company shall not be responsible for any damage sustained by members with regard to the use of the free services provided by the Company. In case of damage caused by the Company’s intention or gross negligence, however, this shall not apply.

⑥ With regard to the use of paid services provided by the Company, if the services are suspended or interrupted for 4 hours (accumulated time) in succession in one day without notice due to reasons attributable to the Company, then the use time equivalent to the time during which services were suspended or interrupted shall be extended free of charge only for fixed-term paid service IDs (fixed-amount game voucher, fixed-term game use voucher product, etc.), and the relevant members may claim separate damage compensation from the Company. However, if the services are suspended or interrupted for more than 10 hours in case of service suspension or interruption due to server check, etc. as notified in advance by the Company, then the use time equivalent to the time exceeded shall be extended free of charge, and members shall not demand additional compensation from the Company.

⑦ In the case of Subparagraphs 3 through 5, Paragraph ② above, the Company may suspend all of the game services for technical or operational reasons and shall notify this 30 days in advance through its homepage to suspend the game services. In case of unavoidable reasons for which prior notice cannot be given, notice may be given post hoc.

⑧ If the Company terminates the game services according to Paragraph ⑦ above, members may not demand compensation for free services, paid services whose use period has ended, continuous paid use agreement items, and fixed-term paid items. For a paid item whose use period is limitless, the service end date is deemed to be the use period of the relevant paid item.

 

Article 16 (Provision of information)

The Company shall mark the following on the initial game screen or game service homepage (http://106crew.com/) for members to be aware of them:

1. Company name

2. Game title

3. Use class

4. Classification number

5. Date of production

6. Report number or registration number of game producer or distributor

7. Information on devices that can be used for game services and minimum technical specifications necessary for use

8. Other matters deemed necessary by the Company

 

Article 17 (Collection of information, etc.)

① The Company may store and archive all communications between members such as chat, messages within a game, etc. This information may be viewed or used only by persons entrusted with the relevant business of the Company or those authorized by law as necessary for dispute mediation between members, grievance handling, and maintenance of order of the game services. If it is necessary to view this information, the Company shall notify the relevant member of the reasons for and scope of such viewing. In case of viewing communications with regard to a serious violation of these Terms of Use or the laws as set forth in Subparagraphs 1 through 15, Paragraph ①, Article 13 of these Terms of Use, however, a notice shall be given post hoc.

② The Company may collect and use information on members’ terminal (i.e., PC) settings, specifications, running programs, etc. to improve the game service quality such as game service operation and program stabilization, etc.

 

Article 18 (Use of product)

① The Company may provide game services that can be used by members without paying a separate fee (hereinafter referred to as “free services”) and game services that can be used by paying the required fee (hereinafter referred to as “paid services”), and members may select and use the game services.

② Payment for use of the game services shall be governed by the method prescribed by the Company.

③ Members who apply for the use of the paid services shall faithfully pay the fee according to the method prescribed by the Company.

④ The Company shall notify the relevant member, prior to payment for the use of the paid game services, that a juvenile member who wants to use the paid game services requiring payment must obtain consent from his or her legal representative and may cancel the use of the paid game services carried out without such consent.

⑤ The use period of the paid services (excluding Diamonds) purchased by members shall be one year from the date of purchase. In case of purchasing paid services with a separate use period, however, such use period shall apply.

⑥ In the case of a member who purchased the paid services and selected the automated settlement method, if normal payment is not made on the date of the notified automated settlement, or if the paid services subject to automated settlement are terminated or changed, then the Company may terminate the contract for automated settlement. If the contract for automated settlement is terminated due to termination or change of the paid services subject to automated settlement, then the Company shall notify the relevant members of such termination of the contract for automated settlement and the reason.

 

Article 19 (Diamonds)

① The use period of Diamonds charged by a member and Diamonds presented by a third party is 5 years from the date of charging or receiving them as a present.

② The use period of free Diamonds except the Diamonds presented by a third party shall be 3 months. In case of providing free Diamonds with a separate use period, such use period shall apply.

③ The Diamond deduction order for a member, who has different types of Diamonds and uses some Diamonds, and the method of using Diamonds shall be governed by separate notices given by the Company through the game service homepage or Diamond charging instructions page, etc.

④ The Company may set the limits of charging, retention, or use of Diamonds according to the policy of the relevant payment provider (mobile carrier, credit card company, etc.) and the Company.

⑤ In any of the following cases, the Company may not accept a member’s application for charging Diamonds or may cancel acceptance later:

 

1. Where the fee is not paid, or it is impossible to identify the payer

2. Where another’s settlement information is illegally used

3. Where a legal representative does consent to a minor’s charging application

4. Where acceptance is deemed inappropriate for reasons based on Subparagraphs 1 through 3 above

 

Article 20 (Points)

① The Company may give points to members for the efficient use of the services and apply differential points pursuant to customer ratings. In case of reasons such as expiration of period set by the Company, withdrawal of membership, ID sanction, etc., points may be terminated, or customer ratings may be adjusted. The Company shall notify members of detailed matters concerning the provision, use, and termination of points and adjustment of customer ratings, etc. through the game service homepage.

② In case of erroneous accumulation of points, the relevant member may request correction within the required period, and the Company shall check the matter, notify the member of the results, and take measures to correct the points as necessary.

③ The Company may terminate the point service for managerial or technical reasons after giving a notice at least one month in advance. In this case, any and all accumulated points that are not used until the date of service termination as previously notified shall be terminated.

 

Article 21 (Reversion of copyright, etc.)

① The copyright to the content produced by the Company within the game services and other intellectual property rights are owned by the Company, which shall grant members only the right to use the game services under the conditions prescribed by the Company.

② Among the information obtained from the use of the game services provided by the Company, members shall neither use information whose intellectual property rights are owned by the Company or providers for the following purposes without prior consent nor have it used by a third party:

1. Profit purpose by duplication, transfer, publication, distribution, broadcasting, and other methods

2. Purpose prohibited by these Terms of Use or the policy of the Company

 

③ If the Game Services Use Agreement under these Terms of Use is terminated, members shall immediately delete or return all content such as Game Client, etc. as set forth in Paragraph ① above.

④ With respect to communications, images, sounds, and all data and information including dialog texts as seen in games or related to game services uploaded or transferred through the Game Client or game services by members or other users (“user content”), members shall allow the Company to use them as follows:

1. Changing or modifying the relevant user content in editing format (it can be used in any form including public announcement, duplication, performance, transfer, distribution, broadcasting, creation of derivative works, etc. with no limitation on the use period and area)

2. Not selling, lending, or assigning the user content without the prior consent of the member who produced the user content

⑤ With respect to members’ user content not seen in games or integrated into the game services (e.g., postings on a general bulletin board), the Company shall not commercially use it without the explicit consent of the relevant member, and members may delete this user content anytime.

⑥ With respect to postings and notices posted or registered by members in the game services, upon finding that they fall under the prohibited acts under Article 13, the Company may delete them without prior notice or refuse their transfer or registration.

⑦ Any member whose legal interests have been infringed by the information posted on a bulletin board managed by the Company may request deletion of the relevant information or publication of a rebuttal from the Company. In this case, the Company shall immediately take the necessary measures and notify the applicant accordingly.

⑧ The provisions of Paragraph ④ above shall be valid during the operation of the game services by the Company and shall be applied continuously even after the withdrawal of membership.

 

Article 22 (Installation of computer programs)

① If necessary for the provision of services, the Company may request members to install computer programs provided by the Company. Before members install the computer programs, the Company shall appropriately notify them about important matters such as capacity, features, method of deletion, effects on other programs, etc., and obtain consent to the installation of the relevant programs. If the browser option of automatically installing an ActiveX program is already chosen by a member, however, the member is deemed to have agreed to the installation of the ActiveX program. In this case, the Company may install the relevant program without separately confirming the member’s intention.

② In case of a program patch or update within the scope that does not greatly change the notices given by the Company as set forth in Paragraph ① above, important matters and consent may be omitted.

③ In case of computer program installation or update, the Company may use the technology of data relay and transfer between members for smooth transfer. Members shall agree to the relay and transfer of data to other members or to its relay and transfer to them through PC resources (storage, network equipment, etc.).

 

Chapter 5. Withdrawal of subscription, termination of contract, and limitation on use

Article 23 (Withdrawal of subscription)

① Members who have made a paid services use agreement with the Company may withdraw their subscription within 7 days of the date of purchase or the date on which paid services can be used.

② In any of the following cases, members shall not withdraw subscription pursuant to Paragraph ① above against the will of the Company:

1. Where goods are lost or damaged due to reasons attributable to the relevant member

2. Where the relevant member used or partially consumed goods

3. Where it is difficult to resell due to the lapse of time

4. Where the packaging of duplicable goods, etc. is damaged

5. Where it is prescribed by the laws for the safety of transaction

 

③ In case of goods, etc. for which withdrawal of subscription cannot be applied for under the provisions of Subparagraphs 2 through 4, Paragraph ② above, the Company shall clearly mark this fact on the packaging of the goods, etc. or a spot easily seen by members or shall use other methods such as providing a trial product so that the right to withdraw subscription may be protected. If the Company fails to take such measures, members may withdraw subscription, notwithstanding the reasons for limiting the withdrawal of subscription set forth in Subparagraphs 2 through 4, Paragraph ② above.

④ Notwithstanding Subparagraphs ① through ③ above, if paid services are different from those displayed and advertised or are provided differently from the agreement, members may withdraw subscription within 3 months of the date of purchase or the date on which paid services can be used or within 30 days of the date the fact was known or could have been known.

⑤ Members may withdraw subscription by word of mouth or in writing (including electronic documents).

 

Article 24 (Cancellation and termination by members)

① Members may terminate the game services use agreement (“withdrawal of membership”). In case of a member’s application for withdrawal of membership, the Company may have the member verify the user identity. If the user identity is verified, then the Company shall take measures according to the relevant member’s application.

② Members who want to withdraw membership may do so according to the procedure for withdrawal of membership through the customer center or service.

 

Article 25 (Cancellation and termination by the Company)

① If a member violates the member’s duties prescribed by these Terms of Use, the Company may terminate the agreement after sending prior notice to the relevant member. However, if the member violates the current law and causes damage to the Company by intention or serious negligence, then the Company may terminate the use agreement without prior notice.

② If the action set forth in Paragraph ① above has been applied more than three times to the three IDs retained by the relevant member, then the Company terminate the agreement for all IDs under the name of the relevant member.

③ To protect members’ personal information and prevent members’ IDs from being used illegally, the Company may destroy the personal information and terminate the use agreement of the ID for which one year has passed from the date of last service use or limit service use by storing and managing the personal information of the relevant ID separately from other users’ personal information.

④ If the member fails to apply for resumption of service use until two years have passed since the service limitation pursuant to Paragraph 3 above, the Company may terminate the use agreement for the relevant ID and delete the relevant information.

⑤ When terminating the use agreement, the Company shall notify the relevant member of the following in writing, by e-mail or an equivalent method:

1. Reason for termination

2. Date of termination

⑥ In case of the proviso set forth in Paragraph ① above, the member’s right to use the paid services shall be forfeited, and the relevant member shall not claim any refund or compensation.

 

Article 26 (Limitation on service use for members)

① The Company may limit members’ service use on a case by case basis as follows (the specific reasons for the violation of duties of the member, which constitutes grounds for limitation on use, shall be governed by the operation policy for individual games as set forth in Article 28 hereof):

1. Limitation on a partial right to characters: Partial right to chat with characters is limited for a certain period

2. Limitation on character use: Character use is limited for a certain period or has no limit

3. Limitation on a partial right to ID: Partial right to ID of the member such as writing on a bulletin board, etc. is limited for a certain period or has no limit

4. Limitation on ID use: Member’s ID use is limited for a certain period or has no limit

5. Limitation on use by the member: game service use by the member is limited for a certain period or has no limit

② If the limitation on use is justifiable, the Company shall not compensate for any damage sustained by the member due to the limitation on use.

③ Even in case of a violation of the Terms of Use or the operation policy by another’s use of the member’s ID, the member’s game service use may be limited according to the provisions of Paragraph ① above.

④ To improve services and protect members’ information, the Company may delete game information such as characters, etc. linked to an ID through which no game is used for a separately notified period as set forth in the operation policy. Note, however, that the Company shall notify the relevant member of the fact 7 days before the deletion of game information.

 

Article 27 (Limitation on use as provisional measures)

① The Company may suspend an ID until the investigation on the following issues is completed:

1. Where a justifiable report for ID hacking or theft has been received

2. Where the program user and workplace, etc. are reasonably suspected of engaging in an illegal act

3. Where provisional measures for the relevant ID are deemed necessary for reasons based on each subparagraph above

② In case of Paragraph ① above, after completion of investigation, for the member who uses the game services by paying a fixed fee in proportion to the use period of the game services, the Company shall extend the game service use period by the period of suspension. If the member is identified as an offender as set forth in Paragraph ① above, however, this shall not apply.

 

Article 28 (Reason and procedure for limitation on use)

① The Company shall prescribe specific reasons and procedures for limitation on use by the operation policy considering all the circumstances including the details, severity, number of times, results of violations, etc.

② In case of putting limitation on use as set forth in Article 26 hereof, the Company shall notify the relevant member of the following in writing, by e-mail, or through the initial game screen or game service homepage (http://106crew.com/):

1. Reason for limitation on use

2. Type and period of limitation on use

3. Method of raising an objection to limitation on use

 

Article 29 (Procedure for raising an objection to limitation on use)

① In case of objecting to the limitation on use, the member shall draw up an objection application specifying the reasons for the objection to the limitation on use within 30 days of the date a notice is given and then submit it to the Company using the method prescribed by the Company.

② Within 30 days of the date of receipt of an objection application as set forth in Paragraph ① above, the Company shall make a reply regarding the member’s reasons for objection by e-mail, phone, game counseling, or equivalent method.

If it is difficult to reply within 30 days, however, then the Company shall notify the relevant member of the reason and schedule for handling.

③ The Company shall take measures corresponding to the reply above.

 

Chapter 6. Compensation, refund, etc.

Article 30 (Compensation)

① In case of damage sustained by the member due to the Company’s intention or gross negligence, the Company shall be liable for compensating for such damage.

② The Company shall deal with matters concerning the compensation standard, scope, method, and procedure for the damage sustained by the member due to the defect, etc. of the paid services according to the guidelines for content user protection. In case of purchase of paid services, or if these Terms of Use separately prescribe matters regarding compensation, however, then the following shall apply.

③ If a paid service purchased by the member from the Company is lost due to reasons attributable to the Company, then the Company shall restore it to the original state. If restoration is impossible or difficult, however, then the Company shall optionally provide paid service of the same type and with equivalent value or refund the purchase price.

④ In case of damage caused to the Company by the member in violation of these Terms of Use, the member shall be liable for compensating the Company for such damage.

⑤ If the member is in violation of Subparagraph 6, Paragraph ①, Article 13 hereof, then compensation pursuant to Paragraph ④ above shall be the remaining use amount of game voucher products purchased by the member and unused paid item products. In this case, the member’s right to use the relevant game voucher product and paid item product shall be forfeited, and the Company may offset the member’s credit through a refund of the remaining use amount by the Company’s compensation credit.

 

Article 31 (Refund)

① If the member requests a refund for reasons of termination of the use agreement for the paid services purchased, withdrawal of subscription, etc., then the following amounts may be refunded. (For payments made by Diamonds or withdrawal of subscription pursuant to Article 23 hereof, however, a refund fee shall not be deducted.)

1. Diamond: Balance at the time of requesting a refund (10% of the balance or 1,000 won, whichever is higher) minus the refund fee

2. Fixed-amount game voucher product (product that enables a certain period of game use, e.g., 30-day voucher, etc.): Product value minus the use fee (use fee per day * number of days used) and refund fee (10% of the product value or 1,000 won, whichever is higher)

3. Fixed-quantity game voucher product (product that enables a certain time of game use, e.g., 30-day voucher, etc.): Product value minus the use fee (use fee per minute * time used (unit: minute)) and refund fee (3,000 won)

4. Fixed-term game voucher product (product that enables a certain time of game use within a certain period, e.g., 30-day, 300-hour voucher, etc.): Product value minus the use fee (use fee per hour * time used (unit: hour)) or (use fee per day * number of days used) and refund fee (10% of the product value or 1,000 won, whichever is higher)

5. Game item product: Total amount if withdrawal of subscription is possible (if withdrawal of subscription is limited, refund is limited)

6. Additional service product (product applied at the first regular check after the date of purchase, cyber transfer right, etc.): Total amount until the additional service is applied (after the additional service is applied, refund is limited)

7. Buff product: Shall be governed by the standard for refunding game voucher products of the same type

 

* The use fee for each product shall be separately notified through the product purchase screen or game service homepage.

② With respect to the product for which no refund standard was set forth in Paragraph ① above or the product for which a different refund standard from Paragraph ① above was notified by the Company at the time of selling paid services, the refund standard separately notified by the Company shall be applied.

③ In case of refunding the paid services purchased by Diamonds, the refund amount shall be Diamonds.

④ The refund set forth in Subparagraph 1, Paragraph ① above shall be applied to the total balance of Diamonds.

⑤ In case of refund set forth in Subparagraph 1, Paragraph ① above, if bonus Diamonds provided free of charge through an additional charging event, etc. with regard to charging the remaining Diamonds, all the remaining bonus Diamonds shall be terminated.

⑥ The Company shall refund the amount set forth in Paragraph ① above within 30 business days of the date when the member expressed intention regarding refund pursuant to Paragraph ① above. In case of a payment method requiring receipt confirmation (e.g., payment by a mobile phone, etc.), however, the Company shall refund it within 30 business days of the date of receipt confirmation.

 

Article 32 (Immunity for the Company)

① The Company shall not be held liable if it is unable to provide services due to war, hostilities, natural disaster, state of emergency, technical defect problems that cannot be solved by the current technology, other force majeure, etc.

② The Company shall not be held liable with respect to game service suspension, use disruption, and contract termination due to reasons attributable to the member.

③ In case of damage caused to the member by the key telecommunications service provider, the Company shall not be held liable unless intention or gross negligence on the Company’s part is proven.

④ In case of game service suspension or disruption due to unavoidable reasons such as repair, replacement, regular check, construction, etc. of equipment for game service as previously notified, the Company shall not be held liable unless intention or gross negligence on the Company’s part is proven.

⑤ In case of issues caused by members’ computer environment or network environment where intention or gross negligence on the Company’s part is not proven, the Company shall not be held liable.

⑥ With respect to matters concerning the reliability and accuracy of information, data, and facts posted or transferred by a member or a third party within the game service or website, the Company shall not be held liable unless intention or gross negligence on the Company’s part is proven.

⑦ The Company shall not be obligated to intervene in a dispute resulting from the game services between members or between members and third parties and shall not be liable for compensating for any damage caused thereby.

⑧ With respect to free services among the game services provided by the Company, the Company shall not compensate for any damage unless intention or gross negligence on the Company’s part is proven.

⑨ Some game services among the game services may be provided by other game providers. With respect to damage, etc. caused by the game services provided by other game providers, however, the Company shall not be held liable unless intention or gross negligence on the Company’s part is proven.

 

⑩ The Company shall not be liable for failure to achieve results such as characters, experience, items, etc. or losses by the member using the game services. With respect to damage, etc. caused by the selection or use of game services, the Company shall not be held liable unless intention or gross negligence on the Company’s part is proven.

⑪ With respect to the member’s loss of cyber assets (game money), ratings/ levels in games, the Company shall not be held liable unless intention or gross negligence on the Company’s part is proven.

⑫ In case of loss caused by an error in the member’s computer or any incorrect recording or omitted recording of identity information or e-mail address, the Company shall not be held liable unless intention or gross negligence on the part of the Company is proven.

⑬ The Company may limit the game service use time, etc. according to game services and members in accordance with related laws and government policy, etc. With respect to all issues caused by such limitation, the Company shall not be held liable.

 

Article 33 (Members’ grievance handling and dispute settlement)

① The Company shall post the method of giving an opinion or raising a complaint on the initial game screen or game service homepage for the convenience of the members. The Company shall operate an organization exclusively responsible for handling members’ opinions or complaints.

② If the opinions or complaints from members are deemed justifiable and objectively acceptable, the Company shall promptly deal with them within a reasonable period. If a long time is required for handling, however, the Company shall notify the relevant members of the reason and handling schedule through the game service homepage (http://106crew.com/) or by e-mail, phone, writing, etc.

③ If a dispute occurs between the Company and the member, and a third-party dispute mediation agency mediates, then the Company shall faithfully prove its measures such as limitation on use, etc. taken for the relevant members and may submit to arbitration.

 

 

Article 34 (Overpayment or erroneous payment)

① In case of overpayment or erroneous payment, the Company shall refund the total amount of overpayment or erroneous payment using the same payment method for the use fee. If it is impossible to provide a refund using the same payment method, however, then prior notice regarding this shall be given.

② In case of overpayment or erroneous payment due to reasons attributable to the Company, however, the Company shall refund the total amount of overpayment or erroneous payment regardless of contract costs, commissions, etc. In case of overpayment or erroneous payment due to reasons attributable to the member, however, the relevant member shall pay the costs required for refunding overpayment or erroneous payment by the Company within a reasonable scope.

③ If the Company refuses to refund the overpayment or erroneous payment claimed by the member, then the burden of proof with regard to justifiable charging for use shall rest with the Company.

④ The Company shall deal with the procedure for refunding overpayment or erroneous payment according to the guidelines for content user protection.

 

 

Article 35 (Notice to members)

① The Company may give notice to members at the e-mail address designated by the member and by electronic memo, etc.

② In case of a notice to all members, it may be posted for more than three days on the initial game site screen or pop-up screen, etc. instead of the notice method set forth in Paragraph ① above.

 

Article 36 (Jurisdiction and applicable law)

These Terms of Use shall be governed and interpreted by the law of the Republic of Korea. Any lawsuit arising from a dispute between the Company and the member shall be referred to the court prescribed by the laws as a competent court.

Addendum

1. These Terms of Use shall be effective on September 1, 2018.