Terms of Service
Terms of Service
These terms and conditions set out your rights, obligations, and restrictions to play the games provided by PearlAbyss H.K. Limited. By clicking on the "Agree" button, you will complete the member registration process and notice us that you understand and agree to the contents of this Agreement. In addition, since these terms may be modified or changed, please periodically check on these terms and conditions to make sure of your safe use of the service.
(These terms and conditions will be effective from April 12, 2019)
Article 1 (Purpose)
These terms and conditions set out the basic rules pertaining to the use of game service between users (hereinafter referred to as "Members") playing the games provided by PearlAbyss H.K. Limited. (hereinafter referred to as "PearlAbyss" or "Company").
Article 2 (Definition of Terms)
① Definitions of terms used in these terms and conditions are as follows.
1. "Use Agreement" means a contract between Company and Members About the use of game service provided by Company.
2. "PearlAbyss Game Service User" (hereinafter referred to as "Members") means the person who can use the company's game service with the account given issued after signing up and agreeing to the Use Agreement according to the procedure set out by Company.
3. "PearlAbyss Game Services" (hereinafter referred to as "Game Services") means the games that the Company provides to Members and all the services incidental thereto.
4. The term "game world" means a variable virtual world in which multiple members play games according to a certain rule or gaming property is implemented for such incidental purposes as leisure, socializing, and information mediation.
5. "PearlAbyss Game Account (ID)" or "PearlAbyss ID (ID)" (hereinafter referred to as "Account") means the combination of characters, numbers, or special characters selected by the user and approved by Company to identify Members and use the game service.
6. "PearlAbyss Game Account Information" (hereinafter referred to as "Account Information") collectively refers to general information provided by the member to the company such as member's account, password, and name etc and created information such as game use information, billing status, etc.
7. "Character" means game data that Member selects and manipulates according to the manner provided by the company within the game world for the use of the game service.
8. "PASSWORD" or "password" (hereinafter referred to as "Password") means a combination of letters, numbers, or special characters that the Member selects and secretly manages to make sure that the Member is the matching user of the account.
9. "Acoin" means the virtual currency (prepaid electronic payment method) employed to use or purchase various paid services and game services provided by the Company.
10. "Charge" means the purchasing action of "Acoin" made by Member using the payment method specified by the Company.
11. "Event cash" means "Acoin" obtained by a method other than charging, for example, paid content for each service received from other members, and additional "Acoin" received when charging, etc.
12. "Paid Content" means any purchased online content that the member may use or possess and enjoy certain effects or benefits within the Game Services or the official game homepage in relation to the Game Services.
13. "Post" means all information made up of characters, documents, pictures, sounds, images, or any combination thereof posted on the Game Services in connection with Member's use of the Game Services.
14. "Affiliate Service" means a service that is linked through the company's "game service", in other words, a service operated by a third party that is affiliated with the Company, such as the individual "Game Service" provided by the "Provider" etc.
15. "Workplace" means the place specified as the "place of business place" in the business registration certificate of the business operator who operates the Internet computer game facility business and it is the place where the business operator or user is always present and run the actual business.
② The definition of the terms used in these terms and conditions shall be stipulated based on the relevant laws and regulations, the terms and conditions of each service, or the operating policy, except as provided in paragraph 1 above. Other than that, common practices will govern.
Article 3 (Providing Company Information, etc.)
① The Company publishes the following items on the initial screen of the game service or in these terms of Service of the Game Service Homepage to make it easy for the members to know. However, the personal information processing policy and terms can be viewed by the member through the connection screen.
1. Name: PearlAbyss H.K. Limited.
2. Website: https://www.sea.playblackdesert.com
[Consumer dispute complaint (customer service)]
1. Website: https://www.sea.playblackdesert.com/CS/QNA/Write/
1. Personal Information Processing Policy
2. Terms and Conditions of Service (these terms and conditions)
Article 4 (Specification and Amendment of Terms)
① The company publishes the contents of this agreement through the initial screen of the game service or the connection screen so that the user can easily understand the contents of this agreement
② The Company shall take measures to enable the Member to inquire and respond about the contents of this Agreement with the Company.
③ The Company shall make the contents of this agreement easy to understand for a person who wants to use the game service and, prior to obtaining member's consent, among the contents set out in these terms and conditions, the company shall provide important matters such as cancellation of membership, reimbursement of overpayment, termination or cancellation of contract, termination of company, indemnification of company, and compensation for member with bold or similar effect or a separate connection screen or a pop-up screen, etc. so that members can easily understand and agree to these terms and conditions.
④ The Company may amend these terms and conditions to the extent that it does not violate the relevant laws and regulations.
⑤ If the company intends to amend these terms and conditions, it announces the date of application, the details of amendment, and the reason for the amendment etc from at least fifteen (15) days prior to the effective date of application until a considerable period of time has elapsed through initial screen or a connection screen of initial screen. For existing members, notify by email of terms and conditions to be changed, date of application and reason for change.
⑥ If Company amends the terms and conditions, it shall check if the member agrees to apply the revised terms and conditions after notifying the revised terms and conditions. In case the company's announcement includes a clause saying that if the member does not give consent or rejection within fifteen (15) days, the member will be deemed to have accepted the change, Company may be able to deem Member to have agreed to the Amended terms and conditions if Member does not express any sign of consent or rejection by the effective date.
⑦ If a member disagrees with the application of the revised terms and conditions, the company or member may terminate the Game Services Use Agreement.
Article 5 (Ruling Rules)
① The Company may have separate Terms and conditions and Operating Policies ("Operational Policies, etc.") for Game Services, and if the contents differ from these terms and conditions, the Operational Policy etc. shall prevail.
② Any matters not expressly stated in these terms and conditions shall be governed by the relevant laws and regulations.
Article 6 (Operational Policy)
① In order to set the requirements necessary to apply these terms and conditions and to protect the rights and interests of members and to maintain order in the game world, the Company may establish Game service operating policy ("Operational Policy") on the matters that are delegated to exercise by these terms and conditions and to the specific scope defined within these terms and conditions.
② The company shall notify the member of the details of the operating policy member by posting on the game service homepage or providing a connection screen so that the member is well informed.
③ In the case of an operational policy amendment that has the same effect as bringing a material change to a member's rights or obligations or as making changes to these terms and conditions, the procedure of Article 4 shall apply. However, if the revision of the operating policy falls under any of the following subparagraphs, it shall be notified in advance by the manner of Paragraph 2.
1. Amendments made to the matters that are delegated to exercise by these terms and conditions and to the specific scope defined within these terms and conditions
2. Amendments made to matters not related to the rights and obligations of members
3. In case the contents of the operating policy are not fundamentally different from those set forth in these terms and conditions and the amendments to the operating policy are within the member's predictable range
Article 7 (How to Apply for Use)
① Anyone who wishes to use the game service provided by the company must agree to the terms of the agreement and apply for the use of the game by filling out the application form provided on the initial screen of the individual game or on the game service homepage.
② The user must provide all the information required by the company at the time of application.
③ The user must state his or her real name and actual information at the time of application for use described in Paragraph 1 above. In the event that the name or identification information is false or stolen from another person, the member cannot assert the rights of the member under these terms and the company can cancel or terminate the Use Contract without refund.
④ PearlAbyss does not provide any of the Game Services to anyone under the age of 15. Any use or attempt of use of the Game Services by minors (under the certain ages differently stipulated depending on country) not under the age of 15, shall be subject to Article 9.
Article 8 (Approval and Restriction on Application for Use)
① The Company shall approve the use application unless there is a reasonable reason when the user makes an application for the use by clearly indicating the real name and the actual information when it comes to the information that the company requests to the user.
② For the use application that falls under any of the following subparagraphs, the company may not accept it and can cancel the acceptance even after granted.
1. When applying for use in violation of Article 7
2. When paying for service charges by unauthorized use or theft of third party's credit card, wired / wireless telephone, bank account, etc.
3. If a member in an area where the Company already provides Black Desert game services with a certain provider accesses or applies for the use through another service provider, the company need to impose restriction on that member
4. If a member in an area where the Company will later provide Black Desert game services with a certain provider accesses or applies for the use through another service provider, the company need to impose restriction on that member
5. When applying for use for the purpose of misconduct prohibited by 「Personal Information Protection Act」 and other related laws
③ In the event that falls under any of following subparagraphs, the Company may withhold consent until the cause is dissolved.
1. If there is no room in the company's facilities or there exist technical difficulties
2. In the case of a failure in the service or a failure of the payment method
3. Other than that, when it is difficult to approve the application for use due to the similar reasons to the above
Article 9 (Consent of Legal Representative on the Use Right of Minors)
① You shall be deemed to have the legal representative's consent by the Company at the time of completion of the membership sign-up in accordance with the laws of your country of residence. If a minor user wishes to use the paid game service after joining the membership, it shall be deemed to have proceeded with the consent of the legal representative. The Company will not refund the fee even if the user uses the paid service without obtaining the consent of the legal representative.
② The company shall not be responsible for any disadvantages that may occur for minors found to have signed up without the legal representative’s consent.
Article 10 (Member Account (ID) and Password)
① The Company grants an account to members as a certain combination of letters, numbers or special characters selected by the Member for the convenience of the Member's information protection and service use guide.
② The company performs various member management tasks such as checking if member can use the service through the account information.
③ Members must manage their account information with due diligence. Members are liable for damages that occur when a member neglects to manage his / her account information or consents it to be used by a third party.
④ The password is the user's choice, and the member is responsible for managing the password. If you wish, you can change it at any time for security reasons, however if requested by the company, you must authenticate yourself or submit the identification document required by the company.
⑤ Members are encouraged to and reminded to change their password on a regular basis.
⑥ The Company may require users to change their password in order to secure the user's information such as account information etc for urgent reasons of security. In this case, the user must change the password of the account held by the member at the first access after the date requested by the company.
⑦ Members must notify the Company of any changes made to the membership at the time of membership application by making changes on online or sending e-mail or other means. The Company shall not be liable for any disadvantage caused from not informing the Company.
⑧ Members may not request changes to approved accounts during the Game Services period. However, if the Company asks the member to change the account for the following reasons, the member must respond accordingly.
1. If it is inevitable for the company to do so in order to provide services efficiently to users
2. If it is necessary to integrate with other services in accordance with company's service operations or policies
3. Other than that, if there is a significant need to change the account in accordance with relevant laws or corporate policies
⑨ Members can view and modify their personal information at any time through the personal information management screen. However, it is not possible to modify the real name, date of birth, Email ID, etc. required for service management.
⑩ If a member is required to provide information to the Company pursuant to these terms and conditions, the Member shall provide truthful information and shall not be protected from any disadvantage caused by the provision of false information.
Article 11 (Protection and management of personal information)
① The Company strives to protect the personal information of users including account information in accordance with the 「Personal Information Protection Act」 and related laws. The protection and use of user's personal information will be governed by the relevant laws and regulations and the personal information processing policy notified separately by the company.
② In order to provide the service promised to the member, the company can entrust the handling of the user's personal information to the subcontracting company to provide the service on behalf. If the outsourcing company needs to obtain personal information of the user in the process of providing the service, notification must be given to the member oneself and the company shall manage and supervise the subcontracted outsourcing companies so as not to violate the Personal Information Protection Act and related laws.
③ After the "Company" has provided personal information to the "Provider" in accordance with the Member's consent to give information to linked sites other than the Company's official site (the "Provider" site, services provided by a third party, etc.), the "Provider" has a duty to protect personal information. In addition, the personal information processing policy of "Company" does not apply to the site operated and managed by "Provider".
④ The Company shall not be held responsible for any information including the account information of the user exposed by reason of the user's fault.
Article 12 (Provision of Game Information)
① The company displays the following items on the initial screen of the individual game site or on the game service homepage for users to easily know.
1. Company Name
2. Name of Game
4. Ratings Classification Number
5. Production date
6. Report number or registration number of the game manufacturer or distributor
7. Other matters deemed necessary by the Company
Article 13 (Obligations of the Company)
① The Company shall abide by the relevant laws and regulations and shall faithfully perform the exercise of the rights and obligations set forth in these terms and conditions.
② The Company shall have a security system to protect personal information (including credit information) so that members can use the service safely and the company disclose and observe the personal information processing policy. The Company shall not disclose or provide any personal information of a Member to any third party except for the cases as stipulated in these terms and conditions and personal information processing policy.
③ In case any damages to the equipment or loss of data occurs during service improvement made for continuous and stable service, unless there are unavoidable reasons such as natural disasters, emergency situations, and technological defects and obstacles that are difficult to solve, the company will do its best to fix the problem or restore data without delay.
④ The Company handles customer support services (handling of member's comments, complaints, and error, etc.) for members who use game services, and details are subject to operating policy.
⑤ The Company endeavors to provide convenience to users in terms of the procedures and content of contracts with users, such as the conclusion of contracts for use, changes to contracts and termination of contracts etc.
Article 14 (Member's Obligations)
① Members shall not engage in any activity that intends and targets to do any of the following subparagraphs:
1. Falsely state when applying or changing
2. Steal someone's information
3. Impersonate employees, operators, or other related persons of the Company
4. Change information posted by the company
5. Send or post information prohibited by the Company (computer programs, etc.)
6. Make, distribute, use and advertise computer programs, devices or gadgets not provided or approved by the Company
7. Infringement of intellectual property rights such as copyrights of the company and other third parties
8. Impair the reputation and disrupt business of the Company or any other third party
9. Disclose or post information that is contrary to public order and good morals such as obscene or violent speech, writing, video, sound, and so on.
10. Acquire game data (accounts, characters, game items, etc.) in a non-normal way and dispose of them in exchange of monetary value (transfer, sale, etc.) or by providing the object of right as collateral or for rental
11. Induce or advertise the act of 10
12. Use game services for the purpose of profit making, sales, advertising, political activities, etc. without the Company's consent
13. Other acts that are prohibited by relevant laws and regulations or not acceptable in terms of the good-natured and general social norms
14. Using the service by exploiting the error or bug of the service
15. Obtaining items from other users by way of deceit or gambling
16. Take unfair advantages by exploiting all processes related to user sign-up, game use, payment refund, etc. provided by the company and Settlement Company
17. Disrupt the operation of Company services by intentional or gross negligence
18. Copy, distribute, or commercially use the information obtained through the Company's services for purposes other than the use of the Services without prior consent of the Company
② Members are responsible for checking and observing these terms and conditions, the notice on the Operational Policy and the Game Services homepage, and other Company's notice etc.
③ The Company may establish in the Operational Policies etc a specific types of conduct that falls under subparagraphs 1, 2 or any of the following items, and the Member shall comply with them.
1. Limitations on member's nick-name, account name, character name, family name, and guild name
2. Restrictions on content and methods of conversations etc.
3. Restrictions on use of the message board
4. Limitations on how to play the game
5. Matters that the Company considers necessary for the operation of the game service within the scope of not infringing the essential right to use the game service of other users
④ Managing account information is the responsibility of the member, Members may not use third-party accounts or make their accounts available to third parties.
⑤ Members must not purchase items etc by charging Acoin or purchase any game package by unauthorized use or theft of other's credit card, wired / wireless phone, bank account, etc. and by stealing or using other's Acoin.
⑥ Member shall check all the policies and regulations on a regular basis such as matters stipulated in these terms and conditions of Service, announcements on game service homepage or individual game site, and Operational policy set by the company etc.
Article 15 (Provision and suspension of game service, etc.)
① The Company provides the following services to users.
1. Game service
2. Security Service
3. Customer Protection Services
4. Other related supplementary services
5. Any other services that the Company provides to the members through additional development or partnership agreements with other companies
② Game service hours are normally 24 hours a day (00: 00-24: 00), 7 days a week, open throughout the year.
③ Notwithstanding the clause 2 above, game service may not be provided for a certain period of time in case that falls under any of the followings, and the company is not obliged to provide game service during that time.
1. In case of maintenance, replacement of communication equipment such as a computer and periodic maintenance and when it is necessary for game service operation
2. If it is necessary to respond to unexpected service instability such as electronic intrusion like hacking, communication accident, disruption of service facilities, or abnormal game use behavior of members
3. When the provision of services is prohibited in a manner of restrictions on certain time or number of times etc in accordance with relevant laws and regulations, government, and company policies
4. If it is impossible to provide normal game service due to force majeure such as natural disasters, emergency situations, power outages
5. In case of significant management necessity of the company due to company's division, merger, transfer of business, abolishment of business, deterioration of profit of the game service for the year, etc
④ The Company may suspend the game service for a certain period of time on a weekly or bi-weekly basis in the case of clause 3, number 1. In this case, the company will notify the members at least 24 hours in advance on the initial game screen or on the game service homepage.
⑤ The Company may temporarily suspend the service without prior notice for the reasons stated in clause 3, number 2. In such cases, the Company may post such notice on the initial screen of the game or on the Game Services homepage later.
⑥ The Company shall not be liable for any damages incurred to the user in terms of the use of the free services provided by the Company unless there is intentional or material negligence on the Company's part.
⑦ Regarding the use of paid services provided through an agreement between Company and Member, if the service is suspended or erroneous continuously for more than 4 hours (cumulative time) per day without prior notice due to the reason of the company, only to the accounts of continuous use contract, the service hours will be extended for free for 3 times of the suspended or erroneous time, and the member cannot claim separate compensation for the company. However, in the event that the service suspension and disruption time exceeds 10 hours due to reasons such as the server maintenance conducted through an agreement between the company and the member, the service time is extended for free of charge as long as the exceeding time, and the member cannot claim separate compensation for the company.
⑧ In case of clause 3, number 3 or 5, the company may suspend all game services according to technical and operational needs, and can notify it on the website 30 days in advance and then suspend the provision of game services. If there is an unavoidable circumstance that such notice cannot be posted in advance, it may be notified at a later date.
⑨ If the Company terminates the Game Service pursuant to clause 8, the Member shall not be entitled to claim damages for the free service and the paid service that has no remaining period available, the Continuous Paid Service Use Agreement, Paid items that have limited use period. The use period of the paid services that have no limit on use period will be deemed to be as the end of service provision.
⑪ The Company may request the member to install the computer program provided by the Company for the purpose of providing the service. Before the member installs the program, the company must notify the user in an appropriate manner of such important information as capacity, function, removal method and impact on other programs depending on the nature of the program, and obtain consent to the installation of the program. However, if a member sets the browser option to install the ActiveX program automatically, the company considers that the user has agreed to install the ActiveX program and can install the program without further confirmation.
⑫ The company may omit the process of posting important notice and obtaining consent when the patch or update is required to the extent that the Company does not make any significant changes to the notice in clause 11.
Article 16 (Change of Game Service and Modification of Contents)
① Members may use the game services provided by the Company in accordance with these terms and conditions, the Operational Policies and the game rules set by the Company.
② The game world that a company provides to its members through game services is a virtual world created by the company, and the company has comprehensive rights to create, change, maintain, and repair the game contents. The contents of the game service and affiliate service provided by the company may be changed (patched) from time to time according to the operational and technical needs. In this case, the company notifies the user through the homepage.
③ For more information about the affiliate service provided by the company such as the details of the service, the obligations of the third party company, and the rights / obligations of the user are set out in the separate terms and operating policies etc (hereinafter referred to as "Terms of Affiliate Service") provided by the third party for each affiliate service. When using the Affiliate Service, you may be required to agree to the separate Affiliate Terms and conditions provided by the third party.
④ The company can reorganize and separate various games and related sites provided on the homepage and in the game service as part of the game service. In this case, the company will actively notify the users, and the users will receive services from the reorganized or separated sites.
⑤ If it is deemed necessary for the operation, the Company may add, delete or change the planning of the game service or the information related to the game.
Article 17 (Management of Posts)
① The rights and responsibilities of the user's post belong to the individual user and the user's responsibility for the civil and criminal liability arising from the post's infringement of intellectual property rights such as copyrights of third parties is entirely borne by the user.
② The company values the user's posts and protects them with the best of care not to be altered, damaged or deleted. However, the Company may delete, move or refuse to register the posts that falls under any of the following subparagraphs without prior notice and it may take certain measures on the users who posted the posts according to these terms and conditions and Operational Policy.
1. If the post contains materially offensive or defamatory content to other users or third parties
2. If the post is about pornographic material or is linked to a sexually explicit site
3. Content that infringes any rights, including other intellectual property rights such as copyrights etc of the Company, other users or third parties
4. If the content is not in accordance with the posting principles prescribed by the company or the nature of the bulletin board
5. In case the content is related to the sale of user account, game cyber items, game virtual assets, etc. It is prohibited by the Company's policy
6. If the post is about promoting piracy or hacking
7. If it is objectively recognized as being connected with a crime
8. If the post is for advertising purposes for profit
9. If it interferes with the normal operation of the company or service
10. If the post distributes or is linked to the contents that violate public order and morals
11. If it is judged to be in violation of other relevant laws and regulations
③ Anyone whose legal interests are violated because of the post may request the suspension or deletion of the post according to the related laws and procedures established by the relevant laws and Customer Center, and the company shall take necessary measures in accordance with relevant laws and regulations.
Article 18 (Collection of Information, etc.)
① The Company may save and store all communications (hereinafter referred to as "conversations, etc."), including conversations and in-game letters between members within the Game Service. The company may read this information to the limitation of such cases as when it is deemed necessary for the dispute settlement among the members, processing of complaints, or maintenance of the game order (Account theft, cash transactions, Violent language, Fraud within the game, such as fraudulent conduct, Bug abuse, Other violations of current laws and regulations, and when it is necessary to view the member's chat information in relation to investigation, processing, confirmation and remedies of serious Violation of the Terms prescribed in Article 14 and Article 22 clause 4 of these terms and conditions) This information is owned solely by the company and a third party who is not authorized by the law cannot read it.
② The company can collect and utilize the information of terminal setting and specification of member's PC etc to improve game service quality such as stabilization of game service operation and program etc. However, it must be collected after obtaining the consent from the member.
Article 19 (Ownership of Copyright, etc.)
① Copyright of content within the game service created by the company and other intellectual property rights are owned by the company. The Company grants to the members only the right to use games, characters, game items, game money, cyber points, etc. in relation to game service in accordance with the terms and conditions set by the Company. Members may not dispose of them through such activities as transferring, selling, or providing collateral.
② Members shall not use for commercial purpose or let the third party use the information obtained by using the game service provided by the company, of which the information registered as intellectual property owned by the company or the provider company without the owner companies’ prior consent through the means of copying, transmitting, publishing, distributing, broadcasting or otherwise.
③ The member shall allow the company to use it in the following manner and conditions, it being the in-game or game-related communications including the conversation text, images, sounds, and all materials and information (hereinafter referred to as "User Content") the Member or other user uploads or transmits through a game client or game service.
1. Using the member's contents, to change the editing format and other transformations (in any form such as publication, reproduction, performance, transmission, distribution, broadcasting, creation of secondary works, etc., with no restrictions on the time length and scope)
2. The company does not sell, rent, or transfer user content for the purpose of trading without the user's prior consent
④ Matters related to the member's contents that is not integrated with the game service and not displayed in the game (For example, a post on a general bulletin board or the like) can be exposed to the search results, services and related promotions etc. For that exposure, part of them can be modified, cloned, and edited within the required range. In such cases, the Company shall comply with the contents of the Copyright Act, and the Member may at any time request the posts to be deleted, excluded from the search result, concealed, or the like through the Customer Center or the in-service managing function.
⑤ If the Company wishes to use the member's postings in any way other than clauses 3 and 4, the Company shall obtain prior consent of the Member through telephone, fax, e-mail, etc.
⑥ If the Company considers that the postings and the posting content within the game service posted or registered by a member fall under the category of the prohibited activities prescribed in Article 14, the Company may remove it or refuse to move or register it without prior notice.
⑦ Members whose legal interests are violated due to the information posted on the bulletin boards operated by the Company may request the Company to delete the information or to post the contents of refutation. In this case, the Company will promptly take the necessary action and notify the applicant.
⑧ Clause 3 and 4 shall remain in effect while the Company is operating the Game Services and will continue to apply even after the Member's deactivation.
Article 20 (Advertising and Transactions with Advertisers)
① The Company may provide users with various information that is deemed necessary during the use of the game service by means of notices, e-mail or telephone. However, the user can refuse to receive at any time via e-mail or telephone.
② Company may place advertisements on game service homepage, e-mail, telephone, etc. regarding the operation of game service. However, in case of sending by telephone or e-mail, the member's prior consent is obtained and the receiving member can refuse to receive at any time by e-mail or telephone.
③ The services provided by the company include various forms of advertisements such as banners and links, which can be linked to pages provided by third parties.
④ If the page is linked to a page provided by a third party according to the preceding clause, the page is not a service area of the company, so the company does not guarantee reliability, stability, etc. The Company shall not be held liable for any damages caused by this to the member.
Article 21 (Service for Testing purpose)
① Before the company officially commercializes a new service, the company can conduct beta testing for a certain period of time for its members. In each case, test subject, period and related contents will be announced separately through notice of the game service.
② Beta service may contain changes, addition or deletion of game data in order to provide stable service. The game money, characters, all data related to the test purpose service acquired by the user during the test period may not be recoverable. In addition, if unexpected problems occur during the Beta service, the Company may suspend the Beta service without prior notice. However, in case of damages caused to the member by intentional or serious negligence of the Company, the company will make compensation limited to direct damages.
Article 22 (Restrictions and Suspension of Game Services)
① The Company may limit the members' use of the game service according to the following categories: The member's specific obligation to avoid being restricted shall be determined by the Operational Policy pursuant to Article 24.
1. Limit some rights to characters: Limit certain rights such as character chatting for a certain period of time
2. Restrictions on using characters: Restrict the use of the member's characters for a certain period or forever
3. Limitations on account use: Limit the use of a member account for a certain period of time or permanently
4. Restrictions on Membership Use: Limit the use of members' game services for a certain period of time or permanently
② If the use restriction of the company is justified, the company will not separately compensate the loss of the paid contents and the loss of the points, etc. which the member has suffered due to the limitation of use.
③ Because it is required by 「Personal Information Protection Act」 and Enforcement Decree of the same Act or in order to improve service and protect user information, the company can take any necessary action, such as categorizing accounts that do not use games for a certain period of time or more determined by operational policy etc. as dormant IDs, restricting their use, or deleting account information. In the event of any action taken pursuant to this clause, the Company shall notify the Member 30 days in advance of the action.
④ In case the member violates the obligations of the member set forth in Article 14 of these terms and conditions of Service, the Company may suspend the use of the game service or terminate the use contract by setting a certain period with a prior notice. However, if the member violates the obligations of the member described in Article 14 Clause 1, Clause 3, and Clause 5 in these terms and conditions of Service, or if the member damages the company with intentional or material negligence, the company may terminate the use of the game service or terminate the use contract by setting a certain period without a prior notice.
⑤ In the case of suspension or termination of the contract pursuant to clause 4, the Company shall notify the member in writing, e-mail or similar manner of the cancellation reason and the cancellation date or make it available to the member through the game service homepage. Also, in this case, the member can make an appeal by following the procedure of the homepage customer center.
⑥ The Company shall not be liable for any loss in relation to or arising out of membership termination if the member fails to read the reason for termination and the termination notice sent by the company.
Article 23 (Limitation on Use as Provisional Measures)
① The Company may suspend the account until the investigation of any of the following issues will be completed:
1. If the company received a legitimate report that the member's account was hacked or stolen.
2. If the member is reasonably suspected to be an offender, such as an illegal program user or for-profit user
3. If the member agreed to have the account investigated for issues the member cannot resolve by themselves
4. If provisional measures are deemed necessary to be taken on the account for reasons similar to those listed above
② In case of clause 1, the company will pay a certain amount in proportion to the duration of the game service after the investigation is completed, and extend the period of the member's game service use for a period that has been suspended to the users who have been using the game. Provided, however, this shall not apply in cases where the member proved to be an offender under clause 1 or agreed to have the account investigated for issues the member cannot resolve by themselves.
Article 24 (Reasons and Procedure for Restriction of Use)
① The Company shall set the specific reasons and procedures for restriction on the use in the operational policy after considering all the circumstances such as the contents, degree of severity, frequency, and results, etc. of the violate behavior
② If the Company restricts the use as set out in Article 22, the Member shall be notified of the following items by e-mail or on the initial screen of the game or on the game service homepage.
1. Reason for Use Limitation
2. Type and duration of the use restriction
3. How to appeal against the restriction
Article 25 (Appeal Procedure against the Restriction on Use)
① If a member disagrees with the Company's use restrictions, the member must file an Appeal Complaint, stating the reason for disagreeing with the Company's use restriction within 15 days from the date of receiving the notice by written form, e-mail, or similar method to the Company.
② The company that received the complaint under clause 1 must reply to the member's objection within 15 days from the date of receipt by written, e-mail, or similar method. However, if the company has difficulty in responding within 15 days, the company will notify the member of the reason and the processing schedule.
③ The company should take the corresponding action according to the answer above.
Article 26 (Charging and Use of Acoin)
② Acoin can be charged in the units provided by the company's internal policies, which may vary depending on the selected payment method and each game. In addition, the company may limit the monthly charging limit according to the policy. At this time, the payment limit may be separately applied for each payment method based on the policies of the payment company or the regulations of the government.
③ Acoin is used to pay for game and paid content, and the member can check the history of payment and usage on the website.
④ If the content in the game service is damaged, injured or deleted due to serious defects on the company's fault, you may be rewarded by Acoin or restoration of the contents according to the judgment of the company.
⑤ No interest is accrued on the balance of Acoin.
Article 27 (Refund of Acoin)
① Unless expressly stipulated otherwise in any service agreement or applicable law, any and all purchase including but not limited to charge of Acoin shall be final and shall not be refunded.
② Not refundable are such cases when the member does not go through a normal process of purchase that leaves purchasing history and that Acoin and Paid items are acquired as a reward in the game service, as a gift from other accounts, or as a prize won from the company's internal and external affiliated events.
③ In case where over and faulty payment incurred on the company's fault, the company shall refund in the same way it was charged.
④ Refunds may be restricted if the use of the game service is restricted or terminated due to such reasons attributable to the member as the violation of current laws and major breach of these terms and conditions etc.
Article 28 (Termination and Deactivation of Membership)
① The Member may terminate the Game Service Use Agreement (hereinafter referred to as "Deactivation"). If a member submits a deactivation request, the company goes through identification process, in which case the member is confirmed as oneself, the company proceeds with the deactivation according to the relative rules and regulations.
② If the contract between the company and the member is terminated, the contract for the use of the game service provided by the company is also terminated, and the member shall be responsible for any disadvantages arising from deactivation such as halt of the game service use and the non-useable, non-refundable, non-recoverable etc of all kinds of goods and game data remaining in the account.
③ When a member terminates the use contract, the member's personal information is deleted within a reasonable time of termination, except when the company holds the member's information in accordance with the related laws, personal information processing policies and related decrees.
④ Once your deactivation is completed, you may not be able to sign up again for a certain period of time after your deactivation.
Article 29 (Purchase a Package)
② The package includes goods that can be used before accessing the game service, and items that can be used after accessing the game service. Unless expressly stipulated otherwise in any service agreement or applicable law, any and all purchase of the package and its components shall be final and shall not be refunded.
Article 30 (Compensation for Damages)
① If the Company has caused damage to its members due to intentional or gross negligence, the Company shall be liable for damages. However, if a member damages the Company in violation of these terms and conditions, the Member shall be responsible for compensating the Company for the damages.
② The Company shall compensate for any disruption or error of paid services provided by the Company in accordance with each of the following cases, and the Members may not claim separate compensation for the Company.
1. If the service is suspended or erroneous continuously for more than 4 hours (cumulative time) per day without prior notice due to the reason of the company, the service hours will be extended for free for 3 times of the lost time, it is limited to the service of the same year.
③ The time of service being suspended or erroneous shall be counted after the Member has notified the Company, but if the service is suspended or erroneous due to force majeure (including natural disasters, emergency situations, technical difficulties that are uncontrollable to solve) or the member's intent or negligence, it shall be excluded from the total sum of time.
④ If the paid contents purchased by the member from the company are lost due to the cause of the company, the company shall restore it to the condition before the loss. However, if restitution is not possible in a commercially reasonable manner, the Company may provide other content equivalent to that usable within the Game, and the Member may not claim separate compensation for the Company.
Article 31 (Limitation of Company’s Liability)
① The Company is exempt from liability in the event that it cannot provide services due to force majeure such as wartime, a quasi-state of war, natural disasters, national emergencies, technical defects that are uncontrollable to solve, and the restriction by government policies etc.
② The company is exempted from liability unless there are intentional or material negligence on the company's part in case where a telecommunications carrier suspends or does not normally provide the telecommunication services as a result of which caused damage to the members.
③ The company is exempted from liability unless there are intentional or material negligence on the company's part in case where the game service is stopped or disabled due to inevitable reasons that are notified in advance such as maintenance, replacement, periodic inspection, construction, etc. of facilities for game service.
④ The Company shall not be liable for any disruption, suspension, or termination etc of the game service due to the cause on the user's part.
⑤ The Company shall be exempted from liability for any problems arising from the computer environment of the member or any problems caused by the network environment that involves no intentional or material negligence of the Company.
⑥ The Company shall not be liable for any loss or damage caused by the user's misrepresentation and neglected management of personal information such as identification information etc.
⑦ The Company shall be exempt from liability for the loss of member's game data including but not limited to game cyber assets (game money) and character level unless there is willful misconduct or gross negligence on the Company's part.
⑧ The Company shall be exempt from liability for the loss of member's game cyber assets (game money), member’s game data (such as level) unless there is intentional or material negligence on the company's part.
⑨ The Company shall be exempted from any liability related to reliability and accuracy of the information, data, facts posted/transmitted on websites or within the game services by a member or a third party unless there is intentional or material negligence on the Company's part.
⑩ The Company has no obligation to intervene in the event of a dispute arising through game services or a dispute arising from violation of related laws on infringement of third parties' right (e.g. copyright etc.) between members and third parties, and the Company is not responsible for any damages arising from this.
⑪ The Company shall be exempted from liability for damages caused by affiliate services provided by a third party, unless there is intentional or material negligence on the Company's part.
⑫ The Company may restrict the time of game service etc according to the nature of each game service or depending on the member's status according to related laws, government policies, etc., and the Company is exempted from liability for any matters related to the use of game services caused by these restrictions and limitations.
⑬ In the case of free services among the game services provided by the Company, the Company shall not be liable for damages unless there are intentional or material negligence of the Company.
⑭ The Company shall be exempted from liability for any damages arising out of the computer error of the member or in case of damages caused by omission or misrepresentation of the personal information and e-mail address, unless there are intentional or gross negligence of the Company.
⑮ In the event of termination of the service contract between the member and the company due to termination of the contract by a member or the company, except for the case when the company holds member's information in accordance with the relevant laws and personal information processing policy, the company will be able to delete member's account information and all associated data upon termination for better service environment, etc. and the company is not responsible for matters arising from deleting member's account information and related data since the end of the contract.
Article 32 (Handling of Complaints and Dispute)
① The Company will guide you on how to present your opinions or complaints on the initial screen of the game or on the game service homepage. The Company operates a dedicated organization to handle such member's comments and complaints.
② If the opinion or complaint filed by a member is objectively recognized as fair, the Company shall promptly handle it within a reasonable period of time. However, if it takes a long time to process, the company will notify the members of the reasons for long process and processing schedule on the game service homepage or each individual service page or notify by e-mail, telephone or writing.
③ If a dispute arises between the company and the members and the third party dispute resolution body adjusts the dispute, the company can faithfully demonstrate the measures taken to the member such as restrictions on use etc and follow the coordination of the coordinating agency.
Article 33 (Notice to Members)
① If the company make notifications to a member, it may do so by e-mail designated by the member, unless otherwise stipulated in these terms and conditions.
② If the Company make notifications to all members, the Company may substitute the method described in clause 1 above by posting on the company's game service homepage or the initial screen of each individual game site for more than 7 days, or by displaying a pop-up screen.
Article 34 (Governing Law and Jurisdiction)
① These terms and conditions shall be governed by and construed in accordance with the laws of Hong Kong, and the laws of Hong Kong shall apply to lawsuits filed between the Company and the User.
② In case of a dispute arising between the Company and the User, the court in accordance with the applicable law shall be the competent court.
Revision Date: April 12, 2019