These terms' goal is to define the Sundaytoz' (hereinafter referred to as "The Company") and the End user's rights and obligations, including various necessary matters regarding the provided Game service (herinafter referred to as "service").
2. Definition of Terminology
- "Using customer" means the party which downloads the Application from either the app store or platform provider in order to use the service of the Company.
- "service" means the Game services provided by the Company.
- "Mobile Device" means devices which can make use of the provided service, like smartphones, PDAs, tablets and other wire-wireless devices.
- "Application" (hereinafter referred to as "App") means all programs Company provides for the access to its service.
- "Appstore (Open market) Provider" means an open-market provider which allows downloading the App of Company and provides additional services like In-App Purchases.
- "Platform Provider" means a party which cooperates with Company and provides services.
- "End user Account" means a combination of letters, numbers and/or signs chosen by End user and given by Platform Provider in order to identify End user and to use the services.
- "Contents" mean all items etc. created by Company which can be used in the provided service.
- "Premium Content" means contents of the service which are accessible via In-App Purchases; these contents may be purchased in order to acquire special effects and abilities inside the service.
- "Free Content" means contents of the service which may be acquired not by In-App Purchases, but as presents from other players, or as gifts given by the service to the End user while using the service.
- "In-App Purchase" means purchasing Premium Content inside a service.
3. Company Information
- Company name, name of the CEO
- Company address (including a customer service contact for users' complaints) and e-mail address
- Tel. no, fax no.
- Corporate registration no., Online-business registration no.
② When requesting or making use of a service, the user is obligated to provide his/her real name and information (hereinafter referred to as "user Info"). Sharing the user Info or abusing a different user Info results in forfeiture of the related accounts, and Company may terminate the Agreement. This rule is also applicable when the user is using the Company's service via Platform Provider providing the Company's service.
④ The Company reserves the right to refuse registration or terminate the Agreement in one of the 7 cases below.
- The user fails to make payment for an In-App Purchase, or if the payment proves to be faulty and there is no way to verify the payment
- The minor user fails to acquire the legal guardian's written consent, or cannot prduce the legal representative's written consent when requested
- The user has been banned at least once in the past 3 months, or the user has been permanently banned and is re-applying for registration
- The user uses a (stolen) third party's credit card, phone payment or bank account without the third party's consent to purchase or use Premium content
- The user is using the service in a territory which has been granted to a publisher for overseas service, and the Company is obligated to refrain from providing services in this territory
- The user applies for registration with the intent to act against the "Games Industry Promotion Act", "Communications- and data-related laws" or any related laws.
- If any of 6 cases above deem a registration/continuation of Agreement inadequate.
7. User Account Management
① The Company grants the user the right to access and use its services and obligations to manage his/her account.
② The user is obligated to manage his/her account in good faith. The Company is in no responsible or accountable for any damages occurred by the user's neglect or his/her sharing of accounts with a third party.
8. Personal Information and Data Protection
③ The Company neither takes responsibility nor is accountable for the exposure of the user's personal Information caused by the user's negligence.
9. Obligations of the Company
① The Company will abide by the relevant laws, and act on the rights and obligations detailed in this Agreement in good faith.
② Should an user's complaint be objectively deemed just, the Company will act in a reasonable time to solve the problem. Should the complaint require more time to be addressed, the user will be informed about a timeline for the resolution separately.
④ For a consistent and stable service, the Company will repair equipment failure or correct errors or loss of data occuring during service advancements to the Company's best abilities, should it not be caused by natural catastophes, emergencies, or if the problem at hand proved to be problematic to solve with the current technology.
⑤ For transparency, the Company will provide the user with all necessary information about the Agreement procedure and changes to it to the Company's best abilities.
10. Obligations of the user
① The user agrees not to use the provided services in any unintended way, and agrees not to engage in the following actions:
- Taking third parties' personal information acquired via asking other users, purchase claims, event lotteries etc. and using the information as their own
- Assuming other persons identities or wrongly acting in a third party's function, abusing another user's account information, using third parties' credit card, phone billing, bank accounts for Premium Content purchases without the third party's consent
- Trade or sell content or Premium Content via a service not provided by the Company with/to other users
- Using information acquired via the Company's service or App without the Company's explicit consent to neither reproduce, communicate to or aggrevate other users, nor use it for commercial purposes. Abusing known or unknown bugs in the Company's provided service.
- Using the Company's service or App for personal or a third party's financial gain
- Damaging another user's reputation
- Violating the Company's or a third party's Intellectual Property or Portrait Rights, or collecting, saving, circulating, posting other user's personal information without the Company's explicit consent
- Deceiving a third party for financial gain or abusing the services provided by the Company, causing damages to third parties
- Posting sexual or vulgar information, offering links to obscene sites or posting unauthorized advertisement
- Participate or incite betting behavior
- Acting in an insulting, obscene, threatening way towards other users, in text or video
- Sending illegal information (computer programs) which may cause harm to software, hardware, electronic devices, in particular viruses, malware or spyware.
- Changing the App, adding third party programs to the App, exposing the source code of the App, extracting and changing the App's data, creating a separate server or impersonating the Company by copying/changing the website.
- Impersonating a Company's employee or production member, steal someone's identity and post or send emails in his/her name without his/her consent
- Using the provided service for financial gain, own business purposes, political actions, electioneering etc. without explicit consent of the Company
- Engaging in illegal or immoral conduct which disrupts the general order.
③ The user is responsible for the management of his/her own account, and may not grant access to third parties. The Company shall abide by the Korean Communications Commission's "Open Market Mobile Content Purchase Guidelines", and also abide by the Open Market operator's policies, the user is not eligible for a refund from a purchase made by a 3rd party on the user's account.
11. Duration of service and Discontinuation
② As long as there are no grave problems in operations or production, the service will be provided 24 hours a day. In case of need of a system maintenance, server expansion or repair, service advancements, hotfixes, implementaion of new services, the services may be halted for the duration of the maintenance.
12. service contents and changes thereof
② The Company reserves the full right to create, change, maintain, sustain or discontinue its services.
③ The Company reserves the right to change, advance, partly remove its service structure if the Company deems it necessary. Details about changes of the service will be posted on the Company website or on the service's message board.
④ The Company may partly or completely terminate its service in one of the following cases:
- War, natural catastrophes or state of national emergency
- Blackouts, various equipment failures or explosive increase in use, affecting the service performance
- Service equipment repairs, rendering sustained services impossible for a time
- Other circumstances making sustained service impossible
⑤ The Company is neither responsible nor accountable for the causes which force changes or suspension of services, unless it was caused by either the Company's intent or negligence.
13. Offered and publicated Information
② The Company reserves the right to display advertisements in its services, and the user agrees to being exposed to such advertisements.
③ The Company is in no way liable for potential damages occurring from the advertisements and all actions following the interaction with these advertisements.
④ The Company reserves the right to send out notifications to the user's Mobile Device (Push notification), and the user has the right to turn off such function at any time.
14. Purchase of Premium Contents and Duration of use
① The user may use the services and may purchase Premium Contents inside the provided services, following the Terms of service of the appstore provider. Depending on the user's Mobile Device and the appstore provider provided for the Mobile Device, the purchase costs may differ. The purchase and the payment methods will proceed according to the rules and terms of the relevant Platform- or appstore provider.
② The purchased Premium Contents may only be used on the Mobile Devices which the user downloaded and installed the service App on.
③ The basic use duration of the user's purchased Premium Contents is 1 year, and the user will lose the using rights of said Premium Contents after this time. Should a Premium Content have a specific use duration and it is shown to the user before the purchase, the use time will be set for the determined duration. Except for special cases granted by the Company, the user can only use the Premium Contents on his/her own account, and cannot gift, sell or trade Premium Contents with third parties.
15. In-App Purchase
① Applications offer In-App Purchase functions for Premium Contents.
② The user is obligated to protect his/her personal information by using the Mobile Device's password functionalities, the password settings provided by the relevant appstore provider etc. and keep third parties from making In-App Purchases with the user's account. In order to provide additional protection, the Company may implement modules and libraries etc. for In-App Purchases in its services in accordance with the advice of the Broadcasting and Telecommunications Commission's "Open Market Mobile Contents Purchase Guidelines".
③ The Company is in no way liable for potential damages from unwanted In-App Purchases by third parties due to the negligence of the user (Neglecting password protection, or giving away his/her account information to third parties).
④ If the user has been registered to the carrier as a minor customer, and makes an In-App Purchase on his/her phone, the legal representative's consent will be regarded as given.
⑤ The user is obligated to make payment for his/her In-App Purchases in good faith.
⑥ The limit of possible purchases may vary, depending on the payment method, the carrier's policy, the appstore provider's policy, or the Company's policy.
16. Right of Withdrawal, Refund
① The user has the right to withdraw from a purchase for 7 days after the purchase date or 7 days after the date when the Premium Content becomes useable, free of extra fees. Should the Premium Content to be withdrawn from be already used, or be considered as used, the user's withdrawing rights may be restricted (Customer Protection Law for E-Commerce, article 17.2.). In these cases the Company will try to find a suitable solution with the user, based on the guidelines given by the relevant law.
② Should a Premium Content become unusable due to causes imputable to the Company, a Premium Content equal in worth or the paid amount will be refunded.
③ Refunds will be handled in accordance with the relevant appstore provider's refund policy, and the request for refund will be handled in accordance with the appstore provider's Terms of service as well. Should have a refund already been completed, the service's Premium Content will be refunded after subtracting the refunded value.
④ When a Premium Content has been switched into a Free Content, and the user uses the content partly or completely, resulting in a different content unit size than offered inside the service for sale, it will be regarded as the user's intent to make use of the content. This will also be applicable for gifting/receiving gifts via the message box or the giftbox, which requires the user's confirmation. This is also applicable when a third party(specifically, a person with physical access to the user's Mobile Device) purchases Premium Content without the user's content.
⑤ Contents acquired via the service's events without passing the normal In-App Purchase procedures (which generates a receipt), received gifts from other players etc. are not subject to refund.
⑥ The Company will ensure that the user's rights of withdrawal will stay intact by marking/tagging specific Premium Contents with restricted withdrawal options. In case the Company fails to do so, the user has the right to request a refund, even if the Premium Content has restricted withdrawal options. In the cases below, the withdrawal rights are still limited:
- Premium Contents that has been used right after purchase, or activates upon purchase
- Premium Contents which provide added benefits, and these benefits have been used
- Premium Contents in form of a package (containing various Premium Contents) that has partly been used already
- Using Premium Contents which are in form of a capsule/gatcha, which has to be activated by the user in order to access the Premium Contents of said capsule/gatcha
- Partly used or outdated Premium Contents which are problematic to re-sell
⑦ If a minor makes an In-App Purchase without the legal representative's consent, both the minor and its legal representative may cancel the In-App Purchase. But should the minor's purchase be inside the amount the legal representative has allowed the minor, or should the minor use deception and imposter an adult, the cancellation may be restricted. The age of the Premium Content's buyer is determined by checking the owner of the Mobile Device, credit card or payment method. When requesting a purchase cancellation of a minor, the requestee may be obligated to produce documentation which establishes guardianship over the minor in question.
⑧ In-App Purchase processes may differ based on the payment methods offered by the Open Market Operator. In case of a wrong transaction, the user is required to request a refund from the Open Market Operator. Depending on the Open Market Operator's policy and/or system, the Company may request the refund in the user's stead, as well.
⑨ Premium Content received via the gifting-function from a third party's In-App purchase is not subject to refund for the recipient, except in the case of bugs or errors of the received Premium Content. In this case, the sender of the Premium Content gift may request a refund.
17. Effects of a Purchase Withdrawal
① In case of a Purchase Withdrawal according to 16.1, the Company will collect or delete the relevant Premium Content, and will refund the user the purchase amount within 3 working days after collection/deletion of the Premium Content.
② In case of 17.1: Should the Company be late with the refund payments, the Company will pay the user the amount plus interest, which is defined in the "Customer Protection Law for E-Commerce".
③ Should the amount of the withdrawn purchase be done by the user via credit card or one of the payment methods detailed in the "Customer Protection Law and ordinances for E-Commerce", the Company will request the payment method provider to stop or cancel the purchase charge attempt. Should Company already have received the purchase payment from the payment provider, Company will refund the payment to the provider and inform the user of it.
④ Should the user withdraw from a purchase in accordance with 16.1, the user will take the costs of refund process, and Company will demand neither reparations nor compensation from the user for withdrawing from the purchase.
18. Termination, Discontinuation of service
① The user can terminate and withdraw from the Agreement at any time by withdrawing from the service.
② Once the user withdraws from the service, the user will not be able to use the relevant service for 2 weeks, and all the user's owned content information (including service use records) will be deleted.
④ The user has the right to object to a service Agreement termination from the Company's side (based on 18.3). Should the Company deem the objection just, the Agreement between user and Company will be re-established.
⑤ In case that the Agreement is terminated in accordance with 18.3, the Company is in no way liable for damages occurred to the user caused by the termination.
⑥ For prevention of game addiction, the Company reserves the right to restrict the gameplay, playable time or number of playable rounds of its services. The Company may even make use of protective programs, depending on the degree of game addiction. Should the user decline the implementation of such programs, the Company may terminate the Agreement with the user without the user's consent.
19. Temporary Restrictions of Use
① The Company reserves the right to put its services of relevant users on hold until the investigation of one of the cases below are completed:
- Report of an user's account being hacked or abused by a third party
- Suspicion of use of illegal programs or user engaging in other illegal activities
- Other reasons related to the two points above
② In case 19.1: Once the investigations are complete, the user will be compensated for potential loss of time on temporary Premium Contents, but not if the user's account has positively been hacked.
① Should the user violate his/her obligations and cause damages to the Company, or cause damages to the Company while using its services, the user is obligated to compensate the Company.
① The Company is not liable for not providing its services in times of war, natural disasters or technical failures.
② The Company is not liable for restricted or discontinued services if it is caused by the cause is imputable to the user. The Company is exempt from liability if the cause is imputable to a carrier that restricts or discontinues its telecommunication services, causing damages to the user.
③ The Company is exempt from liability for restricted or discontinued services, announced beforehand or in an emergency situation, if the cause is imputable to repairs, exchange, maintenance or inevitable circumstances of service-related facilities or equipment.
④ The Company is exempt from liability for the user's expectations of the use of the provided service, in particular ratings or rankings. The Company is also not liable for any damages which may be caused by the user's choice and use of the Company's services.
⑤ The Company is exempt from all and any liability for damages or loss of data occurred by the user changing his/her personal information (including account information).
⑥ The Company is not liable for any damages caused by various problems of the user's Mobile Device's environment. The Company is also not liable for problems caused by network conditions, which is not imputable to the Company.
⑦ The Company is not in any way obligated to join disputes between users or users and a third party, and is not liable for any compensations that may result from said disputes.
⑧ The Company has no obligation to compensate users for lost free services or Free Contents, except if the loss was caused intentionally or by grave negligence of the Company.
22. Intellectual Property Rights and Copyrights
① All content copyrights are property of the Company.
② The Company is the exclusive owner or exclusive owner of the rights of all contents of the respective games. The content is protected by national and international law and particularly by copyright. The unauthorized dissemination, copying, deletion or any other violation of intellectual property rights and copyrights of the Company are prosecuted under both civil and criminal law.
③ The user grants the Company the right to use all contents, including text communications, images, sounds and all documents in general sent via one of the Company's services or game clients (hereinafter referred to as "user-generated Content"). However, the Company may not sell, rent out or transfer such contents without the user's explicit consent.
- user-generated Content may be used for publication, reproduction, performances, sendouts, distributions and broadcastings etc.
- user-generated Content may be edited, changed or used for the creation of a new work etc.
④ Should the Company deem one of the user's postings inside one of its services to violate article 10, the Company reserves the right to remove, delete or refuse the posting of the content without head notice.
⑤ Should one of the Company's communication platforms, i.e. a message board contain information which has negative legal impact on the user, the user has the right to demand deletion of such information or a written clarification on this matter from the Company. In such a case, the Company is obligated to solve the issue quickly, and inform the requestee on the progress.
⑥ 22.3 is valid indefinitely, both during and after the Company's service duration.
23. Jurisdiction and applicable Law
① In the event that the user takes legal action, suit must be filed before a competent Civil Proceedings court defined in the related statute.