Agreement on Using the Services and Privacy Policy

Agreement on Using the Services

Article 1
Purpose
Article 2
Definition
Article 3
Effectiveness, Application and Revision
Article 4
Rules Other Than the Agreement
Article 5
Conclusion of the Agreement
Article 6
Protection and Use of Personal Information
Article 7
Provision of Information and Advertisement
Article 8
Obligations of Company
Article 9
Obligations of Users
Article 10
Provision of Services
Article 11
Change and Suspension
Article 12
Purchase of Paid Contents
Article 13
Payment
Article 15
Withdrawal of Subscription and Refund
Article 16
Termination and Suspension of Use
Article 17
Indemnity
Article 18
Jurisdiction and Governing Law
Appendix

Article 1 Purpose

The Agreement on Using the Services (hereinafter referred to as the “Agreement”) shall define the rights and obligations and basic provisions in relation to all the game services (hereinafter referred to as the “Services”) provided by ESTgames Co., Ltd. (hereinafter referred to as the “Company”) and the users.

Article 2 Definition

1. Terminologies used in the Agreement shall be defined as follows: ① “User(s)” means the clients using all the game services provided by the Company. ②“Services” mean all the game services provided by the Company. ③ “Contents” mean all the contents produced in digital method in relation to all the games, network services, application, game items, etc provided by the Company. ④ “Device” means PC, mobile phone, smart phone, PDA, tablet PC, mobile game machine, console game machine, etc to download or install the Contents. ⑤ “Application” means all the programs to download or install at a device to use the Services provided by the Company. 2. Definition on the terminologies used in the Agreement shall refer to the applicable laws and regulations except the definition as set forth in Clause 1 hereinabove. Any matters not stipulated in the applicable laws and regulations shall follow common commercial practices prevailing at the time of executing the Agreement in Korea.

Article 3 Effectiveness, Application and Revision of the Agreement

1. The Agreement shall be specified on the web site of the Company or in the application to use the Services in consideration of the characteristics of the agreement on using the Services and be effective when the users fulfill the given procedures in accordance with Clause 2, Article 5 herein. 2. Users are ought to confirm whether or not the Agreement are revised by visiting the web site of the Company from time to time or checking the banner windows of the said web site. 3. The Company may revise the Agreement unless the revision violates applicable laws, regulations or commercial practices prevailing at the time in Korea when the revision is made. 4. Company may revise the Agreement whenever such revision is deemed necessary. In the event the Agreement are revised, Company shall announce such revision on the Company’s web site or on-line 7 days prior to the effective date, specifying the said date. 5. Users are entitled to refuse the revised Agreement. Users objecting such revision may suspend using the Services and terminate the agreement of using the Agreement (withdraw from membership). Users are regarded to have agreed upon the revised Agreement unless the Users refuse such revision explicitly, in spite that the Company made announcement or notice clearly when the revised Agreement were announced or notified that Users would be regarded to have agreed upon the revised Agreement unless the Users refuse the Agreement within specified time. 6. Users can basically use the contents provided by the Company after the Users agree upon the Agreement once when the Users start to use the Services. However, such Services as requiring confirmation of the age of the Users or Contents that should confirm the identification of the Users and agreement of the Users in accordance with the applicable laws or regulations shall not be as such as the previous sentence.

Article 4 Rules Other Than the Agreement

1. Any matters not specified herein may be defined by separate agreement or policy of the Company and such agreement or policy shall comply with the applicable laws or regulations enacted by Korean government or commercial practices prevailing at the time in Korea when the said agreement or policy is implemented.

Article 5 Conclusion of the Agreement

1. Agreement for using the Services shall be concluded by installing the application and agreeing upon the Agreement by the Users. 2. Agreement upon the Agreement shall be concluded by checking “Agree upon the Agreement on Using the Services” provided in the application when installing the application to use the Services and applying for use.

Article 6 Protection and Use of Personal Information

1. Company shall endeavor to protect personal information of the Users including the information registered by the Users in accordance with the applicable laws or regulations, and protection and use of the personal information shall comply with the applicable laws or regulations and Company policy concerned. However, personal information policy of the Company does not apply to the sites other than official web site of the Company. 2. Company may disclose basic information allowed to be disclosed by the User’s SNS platform of Facebook according to the characteristics of the Services. 3. Company may request the Users of the copy of their identification card or certificate if necessary to verify the identification of the Users, notifying the reasons (or use) to the Users. Company cannot use such identification card or certificate other than the purpose notified to the Users and when the purpose is achieved, such card or certificate should be destroyed without delay. 4. Company shall not provide others with personal information of the Users without consent of the Users except the request by the applicable state agencies according to the applicable laws or regulations. 5. In no event Company shall be responsible for the personal information and other kind of information disclosed due to the faults of the Users.

Article 7 Provision of Information and Advertisement

1. Company may carry advertisement to maintain the Services and the Users agree upon the advertisements disclosed when the Users use the Services. 2. Company shall not be responsible for the loss or damage incurred to the Users participating in the advertisement of which subject is a third party, provided by the Company or those communicating or dealing. 3. Company may request the Users of additional personal information for the purpose of improving the Services and introducing the Services for the Users and the Users may accept or refuse supplying their additional personal information to the Company. 4. Company may send the advertisement as set forth in the aforementioned Clause 1 and the information of Clause 3 above to the Users through SMS (LMS), smart phone notice (Push notice) or e mail, making use of the personal information collected subject to the prior consent of the Users thereupon. Users may refuse receiving such advertisement or information, if they want.

Article 8 Obligations of Company

1. Company shall not commit any behavior prohibited by the applicable laws or regulations and the Agreement and endeavor to provide stable Services continuously. 2. Company shall build security systems to protect personal information of the Users to use the Services safely and announce and comply with the policy of handling personal information. 3. Company is entitled to use personal information of the Users to provide Services but shall not provide a third party with such information without prior consent of the Users thereupon, except when relevant agencies of the government request to provide such information in accordance with the applicable laws or regulations such as but not limited to the Framework Act on Telecommunications. 4. Company shall process any opinions or complaints raised by the Users if such opinions or complaints are regarded to be reasonable. However, if such opinions or complaints cannot be processes immediately, Company shall notify the Users of the reasons and the time schedule to process.

Article 9 Obligations of the Users

1. Users shall comply with the provisions of the Agreement and applicable laws and regulations while the Users use the Services provided by the Company. Users should not commit any behavior to disturb the business of Company. 2. Users shall inform the Company of any bug or system error found while they use the Contents and network services for the Company to correct such bug or error. 3.Users shall be responsible for the devices which downloaded or installed the Contents and the devices should be kept and managed for others to be unable to use the Contents or network services without the consent of the Users. 4. Users should not use the Services provided by the Company for other purposes than what are specified in the Agreement or act any of the following: ① When Users provide the Company of their personal information for client inquiry or winning a prize, Users provide the information not under real name or use other’s information or provide false entry. ② Illegal use of ID and passwords of other Users, or purchase of paid contents by other’s credit card, wired/wireless phones or bank account without consent of the owner, ③ Dealing paid Contents, items or money with others through the services not provided by the Company ④ Duplication, distribution or commercial use of the information obtained through the Services or application of the Company without prior written consent of the Company. ⑤ Creating profit of fortune for the Users or others making use of the Services or application of the Company. ⑥ Damaging other’s reputation or causing loss to the others or collecting, distributing or posting personal information of the others without prior written approval of the Company thereupon. ⑦ Infringing rights of the others including but not limited to the intellectual property rights or portrait rights of the Company and a third party> ⑧ Exchanging or posting obscene or vulgar information or linking obscene web site, or posting advertisement or promotional materials without written prior written approval by the Company. ⑨ Inducing or participating in the act of speculation such as gambling over money or property. ⑩ Transmitting, reaching or distributing words, sound, writing, video or image that arouse sense of shame, disgust or horror to the others. ⑪ Obtaining profit by deceiving others or causing damage to a third party making unhealthy use of the Services provided by the Company ⑫ Transmitting, posting, distributing or using the information (computer program) of which transmitting or posting is prohibited by the applicable laws or regulations, or software virus which was produced to disturb or destroy normal operation of computer software, hardware, or telecommunication equipments or data containing other computer code, file or program produced for the aforementioned purpose. ⑬ Altering the application without particular rights of the Company, adding or inserting other program to the application, hacking a server or altering the website in part or in its entirety. ⑭ Impersonating or disguising as a Company employee or system operator, posting writings or sending e mails under other’s name ⑮ Violating public order and traditional custom or illegal or unfair behavior or violating the applicable laws or regulations. 5. Users should check the notice carried in the web site of Company or application and revised provisions of the Agreement from time to time.

Article 10 Provision of Services

1. Services shall be provided by the Company 24 hours a day throughout the year in principle unless temporary suspension of the Services is inevitable for the Company business requirements or special obstacles. Temporary suspension of the Services, however, may be carried out due to operational requirements such as but not limited to regular system maintenance, establishing additional server or replacing a server, adding new contents, patching various bugs or replacing with new Services. In such event, Company shall announce the reasons and time of temporary suspension in the Company web site or application. If, however, Company cannot make prior notice thereupon, post hoc notice can be made to the Users. 2. Company shall provide the members of following services: ① Services and additional Services ② Social network services (SNS) ③ All the Services developed by the Company or jointly with other companies 3. Company shall provide the Users with the Services using the application or networks designated for smart devices and the Users can install the application by downloading or use the networks to use free or paid Services. 4. For the Services using the application downloaded or networks, Company shall provide the Services to be suitable for the device or the characteristics of the carriers. In no event Company shall be responsible for the non availability of using the Contents in part or in its entirety due to alteration of the device or roaming overseas. 5. Company may limit the time to use the Services or depending on the Users in accordance with the applicable laws or regulations or government policy concerned. Company shall not be responsible for such limitation and any matters occurred by such restriction.

Article 11 Change and Suspension

1. Company may change the Services according to operational or technical requirements of the Company. Description on the change and date of providing such change shall be announced in advance on the web site of Company or on the initial screen appearing after executing the application. In case of, however, occurrence of fatal bug, failure of a server, or urgent settlement of security problem that the Company cannot make announcement in advance, post hoc announcement thereon may be made. 2. In the event Company needs to suspend all the Services due to planning, operational or urgent situation of Company, Company may suspend providing the Services with 30 days prior posting on the Company web site or announcement on the initial screen after executing the application. Users, in such case, are not allowed to ask providing the Services continuously or request to refund for the remaining period of the paid Contents. For the paid items of which warranty period is shown as “Permanent” or such items of no warranty period (hereinafter called as “Permanent Item”), period of using the items is regarded to be until the closing date announced in the announcement of suspending the Services. 3. Company may limit or suspend all or part of the Services in case of: ① Force majeure such as but not limited to war, incident, natural disaster or state of national emergency ② Providing normal services are disturbed by power failure, obstacle to providing services or deluge of using the services ③ Unavoidable situation due to repairing the facilities to provide the Services ④ When the Services cannot be provided any more due to the situations of the Company 4. Company shall not be responsible for any problems incurred by change or suspension of the Services as set forth in Clauses 1 through 3 above.

Article 12 Purchase of Paid Contents

1. Users may purchase paid Contents in accordance with the payment policy of the application store business operator according to the device using the Services. 2. The paid Contents purchased by the Users in the Services can be used for downloading the pertinent service application or only in the terminal installed. 3. Period of using the paid Contents purchased by the Users is one calendar year in principle and the right of using the paid Contents will be expired after such period. However, for the paid Contents of which period of use is specified separately, the period specified at the time of purchase shall be applied. Users can the paid Contents only in their own account unless the Company specifies it otherwise and the Contents purchased cannot be assigned, rent or sold to a third party.

Article 13 Payment

1. Payment for the paid Contents shall be made in accordance with the payment method and policy of the telecommunication company or platform business operator connected with the application store operator or the own method and policy of the application store operator. Furthermore, amount of payment may vary depending upon the payment method and policy of the aforementioned company or operator. 2. Company shall not be responsible for the User’s payment for a third party caused by not using the function of establishing passwords of a device and application store or disclosing such passwords carelessly.

Article 14 Withdrawal of Subscription and Refund

1. Paid Contents purchased by the Users may be cancelled (withdrawal of subscription) without paying any fee within 7 days from the date of executing an agreement or the date available to use the paid Contents. However, for the paid Contents which were given free of charge by the Company or a third party as a gift or event, or the paid Contents used already or deemed to be used at the time of withdrawal of subscription or some other paid Contents with similar nature, withdrawal of subscription (cancelling purchase) may be limited according to the Act on the Consumer Protection in the Electronic Commerce Transactions, etc and the Online Digital Contents Industry Development Act. In such case, Company shall take measures as defined by the applicable laws or regulations such as making announcement when the relevant paid Contents are purchased. 2. Withdrawal of subscription shall be limited under any of the following and Company shall express the paid Contents of which withdrawal of subscription is restricted before making payment for such paid Contents: ① For the paid Contents which start to be used immediately after purchase or application is applied to immediately. ② For the Contents acquired without payment during normal use of the application ③ For the Contents given additional benefits, such additional benefits were used. ④ When part of the Contents sold in package was used. ⑤ In case opening can be regarded to be use or the paid Contents of capsule type or probability type of which use is decided when opening 3. Refund shall be made in accordance with the refund policy of each application store operator depending on the operating system of the device using the Services. 4. Such paid Contents as were acquired for compensation during service, not by payment settlement which records actual and normal purchase details or those which were given by the Company on the occasion of the Company’s own event or joint event with other companies shall not be subject to refund. 5. In the event Users convert into free contents using paid Contents, Users are regarded to have expressed their intension to use them. In case the basic unit to be able to purchase within the Services is damaged by partial or whole use, Company may judge that the Users have expressed their intension to use them. Furthermore, when the Users went through the procedures of agreement like “Accept” on the screen related to transmitting and receiving the paid Contents such as Message Box or Gift Box, such Users are regarded to have expressed their intension to use the Contents. 6. In the event Users request refund or withdraw their subscription, such request will be processed by confirming the contents of purchase by the Company after going through the procedure of agreement on using personal information with the Customer Service of the Company and the contract company designated by the Company. During the course, contents of purchase of the Users will be confirmed with the platform operator or application store operator. Company may contact the Users to confirm the exact reason of withdrawal from subscription through the information provided by the Users and Company may request the Users of any additional information. 7. In case a minor made payment for the paid Contents sold at the application, without the approval of legal representative, such minor or the legal representative are entitled to cancel the payment for application. However, if the payment for the paid Contents by a minor reaches within the scope of the property allowed by the legal representative to dispose of or in case a minor made the Company believe the minor to be an adult by an evil trick, cancellation shall be limited. Judging a purchaser of paid Contents is a minor or not shall be based on the owner of the payment method such as the device processing payment or a credit card. When cancellation of payment by a minor is applied, document proving a minor and legal representative should be submitted in accordance with the requirements of the Company. 8. Paid Contents of application follows the payment method provided by the application market operators and thus if over or under payment occurs during payment procedures, Users should ask such application market operator to refund. However, if available according to the policy or system of the application market operators, Company may request the application market operator of fulfilling refund procedure. 9. Company shall try to complete refund as soon as possible from when relevant document required for refund is submitted by the Users to the Company.

Article 15 Termination and Suspension of Use

1. Users may terminate the agreement for using the Services whenever they do not want using the Services by withdrawal from a membership. Request of withdrawal shall be processed immediately and contents information owned by the Users shall be deleted and they cannot be recovered. In such case Company shall not be responsible for any loss or damage incurred to such Users. 2. Company is entitled to terminate or suspend the Agreement without prior notice or suspend using the Services within specified period, if the Users commit any of the following: ① If Users register false information when apply for the Services or use other’s service ID, passwords or payment information illegally. ② If Users disturb operating the Services intentionally or transmit bulk information for the purpose of disturbing stable operation of the Services or advertising information. ③ If Users harm other’s reputation or cause disadvantage to others ④ If Users infringe intellectual property rights of the Company or other members or other persons ⑤ If Users distribute computer virus programs causing malfunction of information telecommunication equipment or destroying information or data ⑥ In case Korea Internet Safety Commission or similar government agency requests correction or National Election Commission made authoritative interpretation on particular contents in relation to illegal election campaign. ⑦ If Users duplicate or distribute the information obtained using the service information of the Company without prior written approval of the Company or make commercial use of such information or send any messages assuming the service of the Company. ⑧ If Users post obscene material or link with obscene web site ⑨ In case Users violate Article 9 (Obligations of Users) herein. 3. If Company terminates the Agreement or suspends providing the Services according to Clause 2 hereinabove, Users cannot use the Contents downloaded and the payment made already to purchase the Contents, data bill, monthly service charge paid cannot be refunded to such Users.

Article 16 Compensation for Damages

1. Any loss or damage incurred to the Company by the Users due to violating the provisions of this Agreement should be compensated by such Users breaching this Agreement. 2. Users should indemnify and hold the Company harmless from and against any and all third party claims, damages, liabilities, loss arising in connection with any suit or proceeding brought against the Company insofar as such suit or proceeding shall be based upon a claim of tort or violation of this Agreement by such Users. Users should compensate all the loss and damages incurred to the Company arising or in connection with any such suit or proceeding as above unless the Users indemnify and hold the Company harmless from and against any and all third party claims, damages, liabilities or loss. 3. Company shall not be responsible for the loss or damages incurred to the Users by any faults not attributable to the Company. However, for the loss due to gross negligence of the Company, Company shall process the standard on compensating the damages to the members, scope, method and procedures in accordance with the “Guide to Protecting the Digital Contents Users”.

Article 17 Indemnity

1. Company’s liability for providing the Services shall be indemnified if the Services cannot be provided due to force majeure including but not limited to war, incident or natural disaster. 2. Company shall not be responsible for terminating the Agreement or suspending the Services due to the faults attributable to the Users. 3. Company’s liability for the loss or damages exempted against the suspended network services or abnormal provision of the Services by a mobile telecommunication operator. 4. Company’s liability for the suspension of providing the Services shall be exempted if such suspensions is announced in advance or is unavoidable due to urgent maintenance of facilities, replacement, regular inspection or construction. 5. Company’s liability for improper maintenance of a device or illegal use of a device by the Users shall be exempted and furthermore Company shall not be responsible for any problems incurred due to the environment of a device or network environments not attributable to the Company. 6. Company shall not be responsible for the reliability or correctness of the information, data or fact posted or transmitted by the Users in relation to the Services. 7. Company is not obligated to be involved in any disputes between the Users or a user and a third party arising from the Services as a medium of such disputes. 8. Company shall not be responsible for not obtaining expected contents, point, ranking or advantage except the grade acquired while using the Services and the paid Contents purchased directly by the Users. 9. Company shall not be responsible for any disadvantage and lost information incurred by the personal information changed by the Users.

Article 18 Jurisdiction and Governing Law

1. Company and Users shall try necessary efforts to solve the disputes amicably arising out of or in connection with the Services. 2. Any disputes arising from or in connection with using the Services shall be brought to the court of law as defined by the laws or regulations. 3. This Agreement shall be governed by and construed under the laws of Republic of Korea.

[Appendix]

This Agreement shall be effective from 2 month 9 day of 2017.

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