FowGames Terms of Service

(Includes consent to receive advertising information)

1. INTRODUCTION

Along with our Rules of Conduct and Privacy Policy, these Terms of Service apply to and govern your use of the Legend of Heroes: Gagharv Trilogy, which comprises the video game software (the “Game Software”), and any and all copies of such software (collectively, the “Game”); and any printed materials, manuals, and any online or electronic documentation created for or in relation to the Game, and any and all copies of such materials (collectively, the “Documentation”) published by FOWGAMES. (“Company,” “we”, “our,” or “us”). These Terms also apply to and govern your use of the services that support or are related to the Game (collectively, the “Services”).

“User,” “you,” or “your” means the individual user interacting with our Services. If such user is under the age of 18 (or the minimum legal age of adulthood in your country), then “you” or “your” means the user’s parent or legal guardian entering into this Agreement on the user’s behalf. You, or any person under your supervision, should only use the Services if you, or the person under your supervision, are above the minimum age rating for the applicable Service. Minors under the age of 18 (or the legal age of adulthood in your country), must ask their parent or guardian to review and explain this Agreement to them, and to agree to this Agreement on their behalf.

If you accept this Agreement on behalf of a minor, you should supervise the minor’s use of the Services, including any Virtual Items or Account used by such minor. If you are the parent or guardian of a minor and you agreed to this Agreement on their behalf, you agree that you will be responsible for all uses of the Services, including any Virtual Items or Accounts, by your child whether or not such uses were explicitly authorized by you. You are legally and financially responsible for all of your actions while using or accessing the Services, including the actions of anyone you allow to access the Services or your Account.

IN ORDER TO USE THE GAME, THE DOCUMENTATION OR SERVICE ON SPECIFIC PLATFORMS OR DEVICES, YOU WILL ALSO BE REQUIRED TO ACCEPT AND COMPLY WITH ALL RULES OF EXTERNAL PLATFORMS OR DEVICES APPLICABLE TO THE GAME, THE DOCUMENTATION OR SERVICE, INCLUDING BUT NOT LIMITED TO THE THIRD-PARTY PLATFORM’S TERMS OF SERVICE AND PRIVACY POLICY. TO THE EXTENT THAT THE PROVISIONS OF THESE TERMS CONFLICT WITH THE PROVISIONS OF THE TERMS OR POLICIES OF THIRD-PARTY PLATFORMS, THESE TERMS SHALL GOVERN.

2. LIMITED LICENSE

We, and our licensors, own and reserve all rights, title, and interest in and to the Services, Virtual Items, and your Account (excluding any tangible medium the Services may be supplied on), including all: (1) information, text, data, files, code, scripts, designs, graphics, artwork, illustrations, photographs, sounds, music, titles, themes, objects, characters, names, dialogue, locations, stories, plot, animation, concepts, audio-visual effects, virtual goods and in-game currency (including in-game Items), interactive features, gameplay, methods of operation, the compilation, assembly, and arrangement of the materials of the Services, In-game Items, or your Account, and all other copyrightable material; (2) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including ours; and (3) other forms of intellectual property (all of the foregoing, collectively “Content”).

In this section, we will explain what is allowed and prohibited regarding the use of our contents below.

1.      Personal, Non-Commercial Use

Ø  Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services, including In-Game Items and your Account, for your personal, non-commercial enjoyment. This means you do not acquire any ownership rights in your account, the Services, or Virtual Items (or in or to any of its features or Content). This license is personal to you only.

2.      Restrictions

Ø  The limited license granted in this Agreement does not give you any right to, and you may not, sell, copy (except under applicable legal exceptions such as the “private copy” exception under applicable law), loan, lease, distribute, disassemble, decompile, decrypt, hack, derive source code from, reverse engineer (except where permitted under applicable legal exceptions deriving from EU Directive 2009/24 or other applicable law), modify, create derivative works, commercialize, or otherwise exploit the Services (including the Content), In-Game Items (or known as Virtual Items), or your Account unless subject to separate, express written terms provided by FOWGAMES permitting such conduct. Without limiting the foregoing, nothing in the limited license granted in this Agreement authorizes the use of the Services (including the Content), Virtual Items, or your Account in any manner to develop, train, enhance, or provide source material for, or promote, any replicas of the game; and for the avoidance of doubt, any such uses are hereby explicitly prohibited. If we find your illegal use related to our copyrights, we will terminate your Account or this Agreement in accordance with the provisions below, any license from us to you to use the Services, Virtual Items, your Account, or any Content.

3.      Legal Effect

Ø  This license describes certain legal rights. You may have other rights under the laws of your state or country. This license does not change your rights under the laws of your state or country if the laws of your state or country don’t permit it to do so.

3. DEFINITION OF TERMS

1. The definitions of terms used in these terms and conditions are as follows:

1)      “Company” means a service provider that offers services to users via a computer or a mobile device.

2)      “User” means a person who enters into a service contract under the Terms of Service and uses the services provided by the Company.

3)      “Member” refers to a user who has entered into a service agreement with the Company and utilizes the services (content and related services) provided by the Company.

4)      “Non-member” or “Temporary Member” refers to a person who uses the services (content and related services) provided by the Company without being a member.

5)      “Mobile Device” refers to a device that can be used for downloading or installing Content, such as mobile phones, smartphones, personal digital assistants (PDAs), and tablets.

6)      “Content” refers to all digital materials produced by the Company for use on mobile devices, including games, network services, applications, game currency, game items, and more. “Related services” refers to all other services provided by the Company apart from content.

7)      “Account (ID)” means a combination of letters, numbers, or special characters assigned by the Company for Member identification and Game Service use.

8)      “Password” refers to a combination of letters, numbers, or special characters selected and kept confidential by the user to confirm their identity and protect their information.

9)      ”Account Information” generally refers to the information provided by the User to the Company, such as the User Number and external Account Information. It also includes information that the Company may collect such as device information, game usage information (character information, items, levels, etc.), and usage fee payment information.

10)   “Game Service” refers to the game and all related services provided by the Company to users and on Mobile Devices.

11)   “Application” refers to all programs downloaded or installed on a mobile device to access the services provided by the Company.

12)   “Paid Payment” refers to the act of making payments through a recognized payment agency to purchase or use content within the service.

13)   “Payment Agency” refers to any entity offering electronic payment methods, such as credit cards or mobile payments, available in open markets.

14)   “Paid Currency” refers to the currency used within the content provided by the Company, obtained through paid payments.

15)   “Free Currency” refers to the currency acquired by means other than paid payments, including gifts from other users and bonuses provided during paid transactions. Free currency is non-refundable.

2. Besides the definitions in Paragraph 1, the terms used in these terms and conditions are governed by applicable laws and specific service policies. Any terms not defined herein will be interpreted by general business practices.

4. PROVISION OF COMPANY INFORMATION

The Company displays each term within the Game Service in a way that is easy for you to recognize and understand. However, users can view the Privacy Policy and Terms of Service on the official website.

1)    Trade name and representative’s name

2)    Business Address

3)    Phone number & Email Address

4)    Business Registration Number

5)    Mail-order Business Report Number

6)    Privacy Policy

7)    Terms of service

8)    Game operation policy.

5. EFFECT AND CHANGE OF THE TERMS OF SERVICES

1.       The Company will publish the contents of these terms and conditions within the game service or its associated screens to ensure users are informed, and users must consent to these terms to utilize the service.

2.       Before user agreement, the Company shall prominently display essential contents such as limitations and loss of membership status, withdrawal rights, refunds, company disclaimers, user compensation, etc., in bold text, different fonts, or separate screens for easy understanding.

3.       Within the boundaries not infringing relevant laws, including the Content Industry Promotion Act, Electronic Commerce Act, Act on Regulation of Terms and Conditions, Information and Communication Network Utilization Promotion and Information Protection Act, and Game Industry Promotion Act, the Company retains the authority to amend these terms.

4.       In case of change, the Company will notify members at least 7 days in advance of the effective date, detailing the effective date, revised content, and reasons for changes, via the game service or related screens. However, if the alterations significantly disadvantage members or involve substantial modifications, notice will be provided at least 30 days in advance through the same channels.

5.       When changing the terms, the Company shall also notify members that failure to express consent or refusal within the specified period will be considered as consent. Members who do not express refusal until the effective date of the terms shall be deemed to have agreed to the updated terms.

6.       If a member disagrees with the amended terms, either the Company or the member may terminate the game service agreement.

6. RULES OTHER THAN TERMS OF SERVICES

The Company adheres to relevant laws and customs regarding matters not specified in these terms and conditions and the interpretation of the terms and conditions.

7. OPERATIONAL POLICIES

1.       The Company reserves the right to establish operational policies (hereinafter referred to as "operational policies") to specify matters necessary for the application of these terms and conditions and matters delegated but not specifically defined in these terms and conditions. In this case, the operational policies supplement these terms and conditions.

2.       The Company will publish the contents of the operational policies within the game service or on connected screens to ensure that members can be informed.

3.       Amendments to the operational policies shall follow the procedures outlined in Section 5, Paragraph 4. However, in cases where amendments to the operational policies fall under any of the following circumstances, prior notice shall be given through the method described in Paragraph 2:

1)      Revision of matters specifically delegated within the terms and conditions.

2)      Revision of matters unrelated to the rights and obligations of members.

3)      Revision of operational policy content that is fundamentally consistent with the provisions of the terms and conditions and is within the predictable range for members.

8. CONCLUSION AND APPLICATION OF CONTRACT OF USE

1.      The contract of use is concluded when the person who wants to become a member (hereinafter referred to as the “Applicant”) agrees to the contents of this Agreement, applies for service use, and the Company approves the application.

2.      Information collected during the service agreement between the Company and the user can be confirmed through a separate posted Privacy Policy.

3.      If a minor (under 18 years of age, including students in high school according to Article 2 of the Elementary and Secondary Education Act) applies for use, they must obtain consent from their legal guardian. The specific consent procedure follows the methods provided by the Company by the Game Industry Promotion Act and related laws. However, if the service is provided through an external platform, this consent is replaced by the membership and consent procedure of the relevant platform.

4.      Users who provide false information or use someone else's name cannot claim rights under this agreement, and the Company may cancel or terminate the service agreement without a refund.

5.      The Company may impose different service usage limits and times for members according to company policies and relevant laws.

6.      The Company may refuse or later cancel acceptance of the following requests:

1)      Applications that violate Section 8.

2)      Requests made through abnormal or indirect methods in countries where the Company does not provide or has decided not to provide Services.

3)      Requests made for purposes prohibited by the Game Industry Promotion Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and related laws.

4)      Requests made for improper purposes or profit using the game service.

5)      Requests from users who have previously lost membership for prohibited actions under this agreement.

6)      Requests made through mobile devices, programs, etc., that the Company has restricted.

7)      Requests from users who have not reached the age required by law for service use.

8)      Requests from minors who have not obtained or cannot verify consent from their legal guardian.

9)      Requests deemed inappropriate for approval for reasons equivalent to the above.

7.      The Company reserves the right to defer approval until the reasons are resolved in any of the following cases:

1) When there is no available equipment in the Company or there is a technical obstacle.

2) In case of service disruption or failure in payment methods for service fees.

3) When approval of the application for use is deemed difficult due to reasons equivalent to those mentioned above.

8.      The Company may provide temporary membership functions for game services for the convenience of users. During the use of temporary membership functions, account information may be deleted, records may become inaccessible under the following circumstances, and account information for game services used through temporary membership functions may not be transferable or linked thereafter. In this case, the Company does not guarantee account information recovery and is not responsible for compensation or damages. However, this does not apply in cases of intentional or gross negligence by the Company.

1)     Upon changing mobile devices.

2)     Upon modifying or resetting mobile devices.

3)     Upon deleting all or part of the application or content on mobile devices.

9. MEMBER'S ACCOUNT (ID) AND PASSWORD (PASSWORD)

1. The Company assigns members a unique combination of alphanumeric or special characters, chosen by the member to serve as their account, aiming to facilitate member information protection and service usage guidance.

2. The Company conducts various member management tasks, such as determining member service eligibility, through account information.

3. Members are responsible for managing their account and password information. Members bear responsibility for any service-related damages resulting from negligent management of their account information or granting of access to third parties, and the Company disclaims liability in such cases.

4. Members are required to change their passwords regularly.

5. The Company reserves the right to change/restrict service usage without prior notice in any of the following circumstances:

1) Instances involving the leakage of personal information.

2) Actions deemed contrary to social norms or decency.

3) Situations where there exists a potential for misinterpretation as company operators.

4) Cases designed to intentionally deceive others into believing the member is someone else.

10. PROVISION AND MODIFICATION OF MEMBER INFORMATION

1.       Members must provide truthful information to the Company when required under these terms and conditions, and they are not protected from any disadvantages arising from providing false information.

2.       If there are changes to the member's provided information, the member must either update it online or inform the Company through other means.

3.       The Company is not responsible for any disadvantages arising from the failure to notify the Company of changes as per the provisions of Paragraph 2.

11. PROTECTION AND USE OF PERSONAL INFORMATION

1.      The Company strives to protect the personal information of members, including account information, by relevant laws and regulations. The protection and use of members' personal information are subject to the Company's separately notified Privacy Policy as well as relevant laws and regulations.

2.      Depending on the nature of the service, information such as nicknames, character photos, and status information that does not relate to members' personal information may be disclosed for self-introduction purposes.

3.      Except in cases where relevant national agencies or others make requests by related laws and regulations, the Company does not provide members' personal information to third parties without the members' consent.

4.      Members are responsible for diligently managing their personal information for the use of game services, and they must update any changes in personal information. The Company shall not be held responsible for any information, including account information of members, exposed due to the members' negligence.

12. COMPANY’S RULES

1.      The Company faithfully adheres to the exercise of rights and fulfillment of obligations as prescribed by relevant laws and these terms with due sincerity.

2.      To ensure members' secure usage of services, the Company must establish a security system for personal information protection (including credit information) and disclose and comply with the privacy policy. Except as provided by relevant laws, these terms, and the privacy policy, the Company ensures that members' personal information is not disclosed or provided to third parties.

3.      The Company makes every effort to promptly repair or restore equipment in case of failure or loss/damage of data during improvement operations for continuous and stable service provision, unless there are unavoidable reasons such as natural disasters, emergencies, or defects that cannot be resolved with current technology.

13. USER’S RULES

1.      Members must not engage in the following behaviors in relation to the use of services provided by the Company:

1)     Providing false information or using others' information when applying for service or updating member information.

2)     Engaging in the sale or transfer of game data (including IDs, characters, items, and game currency) for financial gain, or using them as collateral through services not offered by the Company or through unconventional methods.

3)     Impersonating company personnel or administrators, or assuming the identity of others to publish posts or send emails, falsely representing relationships with others.

4)     Using others' information (including personal and payment information) by impersonating them, such as using someone else's credit card, phone, or bank account to purchase paid content, or illegitimately using another member's ID and password.

5)     Unauthorized collection, storage, posting, or dissemination of other members' personal information.

6)     Engaging in or promoting gambling activities, exchanging, or posting indecent material, linking to explicit websites, transmitting, or circulating content (such as text, audio, images, and videos) that induces shame, disgust, or fear in others, or engaging in any other improper utilization of services.

7)     Unauthorized use of the service for purposes other than its intended use, such as for profit, business, advertising, promotion, political activities, or similar purpose.

8)     Illegally replicating, disseminating, manipulating, or commercially exploiting information obtained through the Company's services, or exploiting vulnerabilities, whether known or unknown, to manipulate the service.

9)     Deceiving others for personal gain or causing harm to others in relation to the use of the Company's services.

10)   Infringement upon the intellectual property or publicity rights of the Company or others or engaging in actions that damage the reputation or cause harm to others.

11)   Intentionally transmitting, posting, disseminating, or employing information, software, hardware, or electronic communication devices designed to disrupt or sabotage the regular operation of systems, as proscribed by law.

12)   Unauthorized actions including altering applications without special permission from the Company, adding or inserting other programs into applications, hacking or reverse engineering servers, leaking or modifying source code or application data, establishing separate servers, or impersonating the Company by arbitrarily changing or imitating parts of websites.

13)   Using or attempting to disseminate software or applications that fall under Subparagraph 11 or 12.

14)   Requesting game progress from others in exchange for money or other compensation, such as account boosting services.

15)   Any actions violating relevant laws or social norms, or acting contrary to decency and common societal standards.

16)   Actions disrupting the smooth operation of services provided by the Company.

2.      Members are responsible for managing their accounts and mobile devices and should not allow others to use them. The Company is not liable for damages resulting from inadequate management of mobile devices or from allowing others to use them.

3.      Members must set and manage security measures such as payment password functions to prevent unauthorized payments on each open market. The Company is not responsible for damage caused by the member's negligence.

4.      The Company reserves the right to delineate the precise parameters of the enumerated actions within its operational policies, mandating members' adherence to these guidelines.

1)     Member account names, character names, guild names, and other titles used within the game.

2)     Chat content and methods.

3)     Methods of using service features such as bulletin boards.

4)     Restrictions on gameplay methods.

5)     Matters deemed necessary by the Company for the operation of game services within the scope that does not infringe upon the essential rights of members in using game services.

14. USE OF SERVICES AND RESTRICTIONS ON USE

1.      The Company immediately enables members who have completed the contract according to Section 8 to use the service. However, for some services, the Company may start providing services from a specified date as needed.

2.      In providing services to members, the Company may offer additional services along with those specified in these terms and conditions.

3.      The Company may differentiate between member grades and may vary the usage, frequency, and scope of services provided. Some services may be restricted to temporary guests.

4.      Game services are provided for a specified period according to the Company's business policy. The Company informs users of the service hours through appropriate means within the game service or notices. If there is no separate indication or notice, the default provision is 24 hours.

5.      Notwithstanding the provisions of Paragraph 1, the Company may temporarily suspend all or part of the service under the following circumstances. In such cases, the Company announces the reason and duration of the suspension on the game application's initial screen or within the game service. However, if there are unavoidable circumstances where advance notice is not possible, the announcement may be made afterward.

1)     Regular maintenance, replacement, periodic checks of computer and telecommunication equipment, or modifications to game content or game services when necessary.

2)     Responding to electronic security incidents such as hacking, communication failures, abnormal gaming behavior by members, or unforeseen instability of game services.

3)     Inability to provide normal service due to power outages, equipment failures, service congestion, maintenance or checks by telecommunications operators, etc.

4)     Prohibition of game service provision at specific times or in specific ways according to relevant laws.

6.      The Company is not responsible for any damage incurred by members in relation to the use of free services provided by the Company, except in cases of intentional misconduct or serious negligence by the Company.

7.      The Company provides services using dedicated applications or networks for mobile devices. Members can download and install applications or use services for free or for a fee through the network.

8.      For paid content, users must pay the specified fees for the service. When downloading an application or using a service through the network, additional charges may be incurred by the mobile carrier.

9.      Services used through downloaded applications or network services are provided according to the characteristics of the mobile device or mobile carrier. In cases of mobile device changes, number changes, or overseas roaming, all or part of the game service may be unavailable, and the Company is not liable.

10.   For services used through downloaded applications or networks, background tasks may be conducted. Additional charges may be incurred according to the characteristics of the mobile device or mobile carrier, and the Company is not responsible for related matters.

11.   In cases where it becomes difficult for the Company to continue the service due to significant business reasons such as the transfer of operations, division or merger, expiration of the game provision contract, or significant revenue decline, the Company may discontinue the entire service. The Company will notify members of the discontinuation date, reason for discontinuation, compensation conditions, etc., through the game service's initial screen or its connected screen at least 30 days before the discontinuation date. Members cannot claim compensation for unused periods of paid fixed-rate or period-based paid items at the time of service termination. For permanent items, the item's usage period is considered valid until the announced service termination date.

15. SERVICE UPDATE

1.       Members may use the game services provided by the Company following these terms, the operating policies, and the game rules established by the Company.

2.       The Company holds comprehensive authority over the creation, modification, maintenance, and repair of the game content.

3.       You are aware that the Service is constantly changing. You might be asked by FOWGAMES to consent to updates for the Service and any of our installed games on your computer or device. You understand and consent to FOWGAMES's right to update the games and the service at any time, with or without prior notice. To use the Service and play our games, you might occasionally need to update third-party software.

16. COLLECTION OF INFORMATION

1.      The Company may store information on mutual relationships between Members (including messages, etc. within the service). Only the Company has this information. The Company can view this information only to mediate disputes between Members, handle civil complaints, or maintain game order, and only when authorized by law.

2.      If the Company or a third-party views chat information, the Company will notify the member of the reason and scope beforehand. However, if the information is needed to investigate, handle, or confirm prohibited activities or to address related damage, the Company may notify the Member afterward.

3.      The Company may collect and utilize Members’ PC and Mobile Device information (settings, specifications, operating system version, subscribed carrier information, etc.), excluding Members’ personal information, for smooth and stable operation and quality improvement of services.

4.      The Company may request additional information from Members to improve services and introduce services to Members. The Member may accept or reject this request, and if the Company makes this request, the Member is notified that the Member may reject this request.

17. Provision of Advertisement

1.      The Company may place advertisements within the service concerning the operation of the service. In addition, advertising information can be transmitted by e-mail, text service (LMS/SMS), push notification, etc., only to Members who have agreed to receive it. In this case, the Member can reject the reception at any time, and the Company does not send advertising information when the Member rejects the reception.

2.      Users may be linked to advertisements or services provided by others through banners or links within the services provided by the Company.

3.      If users are connected to an advertisement or service provided by another person under Paragraph 2, the service provided in that area is not the service area of the Company, so the Company does not guarantee reliability, stability, etc., and the Company is not responsible for any damage caused by the Member. However, this shall not apply if the Company intentionally or grossly negligently facilitates the occurrence of damage or does not take measures to prevent damage.

18. ATTRIBUTION OF COPYRIGHT

1.      Copyrights and other intellectual property rights for all contents in the service produced by the Company belong to the Company.

2.      Members shall not use the information obtained by using the services provided by the Company or the provider for commercial purposes or make it available to others for purposes prohibited in accordance with the Terms and the Company Policy by means such as reproduction or transmission (including editing, publication, performance, distribution, broadcasting, creation of derivative works, etc.) without the prior consent of the Company or the provider

3.      Upon termination of the game service usage agreement under this agreement, members must delete or return all content specified in Paragraph 1, including the game client.

4.      Concerning the Content within the service (including explicit Content such as characters, images, and sound sources, and indirect Content such as service-related information), Members or other users communicate images, sound, and all materials and information through the service. For information (hereinafter referred to as “User’s Contents”), the Company permits the use of the information in the following ways and conditions.

1)     The Company can use, edit, and modify user content in any form (including publication, reproduction, performance, transmission, distribution, broadcasting, and creation of derivative works) without limitation on usage period or region.

2)     The Company will not sell, rent, or transfer user content for commercial purposes without the prior consent of the user who created the content.

5.      User Generated and Custom Content

regarding the policies on “user generated content (ugc),” the Company has listed the definition of ugc and your rights to the content. please check and read the following explanations carefully.

1)     Definition of User Generated Content (“UGC”)

“UGC” includes all digital content or communications that users create, upload, or distribute via the Services, including but not limited to: text, posts, audio, or audio-visual communications; code, scripts, textures, models, maps, files, or other assets or documents; photos, images, video, or any other audio or audio-visual works; and any feedback or suggestions related to the Services. UGC specifically excludes Custom Content (defined below). You are solely responsible for the UGC that you create, upload, or distribute via the Services (“Your UGC”) and you hereby represent to us that Your UGC will not violate this Agreement.

2)     Rights to UGC

You retain whatever rights, if any, you may have under applicable law in Your UGC. If you do hold any such rights to Your UGC, including any copyright or other intellectual property interest, then, in exchange for the rights licensed to you in this Agreement, you hereby grant us an irrevocable, worldwide, royalty-free, non-exclusive and sublicensable right to use, reproduce, edit, modify, adapt, create derivative works based on, publish, distribute, transmit, publicly display, communicate to the public, publicly perform, and otherwise exploit Your UGC within or via the Services or for any other commercial and non-commercial purpose related to the Services, including but not limited to the improvement of the Services, without compensation or notice, for the full duration of the intellectual property rights pertaining to Your UGC (including all revivals, reversions, and extensions of those rights). Without limiting the foregoing, the rights licensed to FOWGAMES herein explicitly include the right for FOWGAMES to allow other users to use Your UGC as part of our operation of the Services.

By creating, uploading, or distributing Your UGC to or via the Services, you represent to us that you own any rights in and to Your UGC on a sole and unencumbered basis, and that any such rights you grant to us in this Section, and our exploitation of those rights, will not violate or infringe the rights of any third parties.

3)      Content Moderation (Right to Remove)

The Company reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant FOWGAMES’ policies at any time by posting the amended terms on FOWGAMES Services. You will be deemed to have accepted such changes by continuing to use the Service.

If at any point you do not agree to any portion of the then-current version of our Terms of Service, Privacy Policy, or any other policies, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

19. Use of Paid Contents

1.      Contents paid through Paid Payment within the service are attributed to the Member’s Account Information and can be used on a PC or Mobile Device logged in with the account. However, Temporary Members can only use it on devices that have downloaded or installed the application.

2.      The period of use of Contents provided through Paid Payment follows the period of use if separately specified at the time of purchase. However, in the case of service interruption under Section 14, Paragraph 11, the period of use of Contents without a fixed period shall be until the date of service suspension announced at the time-of-service suspension notice.

3.      Game currency, which can be exchanged for other content or consumed during use, may be provided through paid services or for free. Paid game currency is used first unless the service specifies a different order.

4.      The Company can provide all in-game items (referred to as 'items') either for payment or for free.

1)     For paid items with specified warranty periods, the stated period at the time of purchase applies. However, no warranty is provided for free items provided by the Company.

2)      The use of paid goods and items marked as 'permanent' guarantees usage during the normal provision of the game service. However, if a member engages in prohibited acts according to the terms of service, or if their account or character is classified as dormant, or if sanctions are imposed resulting in the restriction or deletion of the account or character, the use of permanent items will also be suspended. Accordingly, the Company is not responsible for refunding or compensating the purchase price to the member.

3)      The Company does not refund items received as gifts from others or received for free from the Company to prevent fraudulent use by members.

4)      The Company may change the functionality of existing items or take measures to render them unusable in accordance with changes in game content and item policies during the warranty period of the item.

5)     The Company holds all intellectual property rights to the content, including items and goods provided. Members have the right to use the service within the scope provided by the Company. In other words, members have the authority to use the content provided by the Company within the service scope defined by the Company for a certain period, and they are not allowed to use or utilize it in any way other than the methods specified by the Company, nor can they transfer or sell it.

20. RESTRICTIONS ON SERVICE USE

1.      Members must not commit any act that violates the Member’s obligations under Section 13. In the case of such an act, the Company restricts the Member’s use of the service according to the classification of the following subparagraphs. The Company deletes related information (words, photos, videos, etc.) and other measures, including restrictions on use. The specific reasons and procedures for violating the obligations of Members subject to use restriction measures are determined in the operation policy of individual games under Section 21, Paragraph 1.

1)      Partial Restriction of Character Permissions: Certain permissions of a member's character, such as chatting, may be restricted for a specified period.

2)      Character Usage Restriction: Usage of a member's character may be restricted for a specified period or permanently.

3)      Partial Restriction of Account Permissions: Certain permissions of a member's account, such as posting on bulletin boards, may be restricted for a specified period or permanently.

4)      Restrictions on account use: Restricting the use of Member accounts for a certain period or permanently.

5)      Restrictions on Member use: Restrict Members’ use of Game Services for a certain period or permanently.

2.      The Company can suspend the service usage of the account until investigations are completed for the following issues:

1)      Receipt of a legitimate report that the account has been hacked or stolen.

2)      Reasonable suspicion of illegal activities such as using illegal programs or engaging in unauthorized practices.

3)      Other instances requiring temporary measures for service usage, similar to the above cases.

3.      In the case of Paragraph 2, the Company extends the member's game service usage period by an amount proportionate to the suspended duration, compensated with a set sum after the investigation is concluded. However, this does not apply if the member is determined to have engaged in illegal activities.

4.      If the Company's service restriction is deemed justified, the Company is not liable to compensate for any losses incurred by the member due to the restriction.

5.      Even if a member's account (ID) is used by another person to violate the terms or policies, the member's own game service usage may be restricted according to the criteria in Paragraph 1.

6.      For service enhancement and member information protection, the Company reserves the right to delete game information such as characters from accounts that have not accessed the game for a specified period, as separately notified in the operational policy. However, the Company must notify the member of this fact 30 days before deleting the game information.

21. REASONS AND PROCEDURES FOR USE RESTRICTION MEASURES

1.     The specific reasons and procedures for service restriction measures, under Section 20 Paragraph 1, are determined by the operational policy, considering factors such as the nature, severity, frequency, and outcomes of the violations.

2.     If the Company takes measures to restrict use under Section 20, Paragraph 1, the following details are notified to the Member in advance and notified within the service. However, in unavoidable cases, it may be notified later.

1)    Reasons for Restriction of Use

2)    Type and period of use restriction.

3)    How to file an objection to restrictions on the use

3.     If any members wish to contest the Company's service restriction measures, they must submit a written objection stating their reasons for objection within 15 days of receiving the notification of the measures, through written form, email, or equivalent methods.

4.     The Company responds to objections within 15 days of receiving the objection, either in writing, via email, telephone, in-game counseling, or equivalent methods. However, if providing a response within this timeframe is impractical, the Company notifies the reasons for the delay and provides an estimated resolution schedule.

22. MOBILE GAME PAYMENT

1.       In principle, the imposition and payment of the purchase price for the Contents follow the policy or method set by the mobile communication company or Open Market operator. In addition, the limit for each payment method may be granted or adjusted according to the policy set by the Company, Open Market operator, Payment Company, or government policy.

2.       In the case of paying for the content purchase in a foreign currency, the actual billed amount may differ from the price displayed in the service store, etc., due to exchange rates and fees.

23. WITHDRAWAL OF SUBSCRIPTION

1.       Members who have signed a contract for the purchase of paid Contents with the Company can withdraw their subscription without the burden of additional fees or penalties within 7 days from the later of the date of the purchase contract or the date the Contents is available.

2.       Members cannot withdraw their subscriptions under Paragraph 1 against the will of the Company in the following cases. However, in the case of a purchase contract consisting of divisible Contents, this does not apply to the remaining parts of divisible Contents that do not fall under each of the following subparagraphs.

1)      If goods are lost or damaged due to the member's responsibility.

2)      If a member uses or partially consumes goods, or if their value significantly decreases.

3)      For paid goods and content that are immediately used or applied upon purchase.

4)      If additional benefits are used or some of them are used in content with additional benefits or bundled sales content.

5)      If there is an act of opening for content where the act of opening can be considered as usage or where utility is determined at the time of opening.

6)      Goods and items provided free of charge by the Company to members.

7)      Paid goods and items received as gifts from others.

3.       If there are products where withdrawal is not possible, the Company ensures members are aware by clearly indicating this and providing trial versions or information to exercise their right to withdraw without hindrance. If the Company fails to take these measures, members can still withdraw regardless of the restrictions mentioned in the previous Paragraph.

4.       Despite the previous clauses, if a member finds that the purchased paid content differs from what was advertised or agreed upon, they have 30 days from the date of purchase or when they became aware to request withdrawal, within 3 months of purchase or availability.

5.       Upon withdrawal, the Company can verify purchase history through open market operators and may contact members to confirm legitimate withdrawal reasons or request additional proof.

6.       Even for paid content eligible for withdrawal, if 7 days have passed since purchase or if it has been used, or if the value of the goods has significantly decreased, withdrawal may be restricted.

7.       When a minor enters a content purchase contract on a mobile device, the Company informs them that the contract can be canceled by the minor or their legal guardian if consent was not obtained. However, exceptions apply if the minor used property permitted by their legal guardian or deceived others into believing they were of legal age.

8.       Determination of whether a minor is involved in the content purchase contract is based on the mobile device used for payment, payment executor information, or payment method owner. Additionally, the Company may request documents proving minority status and legal guardianship to verify a legitimate cancellation request.

24. REFUND OF OVERPAYMENT

1.       In case of overpayment, the Company refunds the overpayment to the Member. However, if the Member’s negligence causes an overpayment without intention or negligence on the part of the Company, the actual refund cost shall be borne by the Member within a reasonable range.

2.       Paid transactions follow the payment methods provided by open market operators. In cases where overpayments occur during the payment process, the member must request a refund from the Company or the open market operator. However, depending on the policies and systems of the open market operator, the Company may also request the implementation of necessary refund procedures from the open market operator.

3.       Communication charges (call charges, data communication charges, etc.) incurred due to downloading applications or using network services may be excluded from refund eligibility.

4.       Refunds are processed according to the refund policies of open market operators or the Company, depending on the operating system of the mobile device being used to access the service.

5.       Content obtained during service usage without paid transactions, or provided free of charge by the Company through internal or external partnership events, etc., are excluded from refund eligibility.

6.       The Company may contact the Member through the information provided by the Member to process the refund of the overpayment and may request the provision of the necessary information. The Company refunds within 3 business days from the date of receiving the information necessary for a refund from the Member.

25. TERMINATION OF CONTRACT

1.      Members can terminate their usage agreement by using the service menu or contacting customer service to request withdrawal. Upon completion of withdrawal, all member usage information (account information, characters and items, paid/free goods, etc.) will be permanently deleted and cannot be recovered.

2.      The Company reserves the right to terminate the agreement after prior notice if a member violates their obligations as stipulated in this agreement and operational policies. However, if a member causes damage to the Company through violation of current laws, intentional acts, or gross negligence, the Company may terminate the agreement without prior notice. In such cases, the member forfeits usage rights for purchased items and cannot claim refunds or damages.

3.      To protect the personal information of Members who have not used the Company’s services for 1 year consecutively from the latest service use date (hereinafter referred to as “dormant account”), the Company may terminate the use contract and take measures such as destroying the Member’s personal information. In this case, the Member is notified that measures such as termination of the contract and destruction of personal information are to be taken, and the personal information is to be destroyed 30 days prior to the date of action.

26. COMPENSATION FOR DAMAGES

1.       The Company or Member shall be responsible for compensating for the damage caused to the other party by violating these Terms of Services. However, this does not apply if there is no intention or negligence.

2.      When the Company enters into an affiliate agreement with an individual service provider and provides individual service to a member, and the Member agrees to the Terms of Services for individual service, and then damages occur due to reasons attributable to the individual service provider, the individual service provider is responsible for the related damage.

27. INDEMNIFICATION OF THE COMPANY

1.       The Company is not responsible for providing the service if it cannot provide the service due to natural disasters or equivalent force majeure.

2.       The Company is not responsible for damage caused by repair, replacement, regular maintenance, construction, etc., of service facilities. However, this does not apply if the Company is intentional or negligent.

3.       The Company is not responsible for any obstacles in using the service caused by the Member’s intention or negligence. However, this does not apply when the Member has unavoidable or legitimate reasons.

4.       The Company is not responsible for the reliability and accuracy of information or data posted by Members concerning the service unless there is intentional or gross negligence.

5.       The Company has no obligation to intervene in transactions or disputes between Members and others through the service and is not responsible for any damages resulting from this.

6.       The Company is not responsible for any damage incurred to Members in connection with the use of free services. However, this does not apply in the case of intentional or gross negligence of the Company.

7.       The Company is not responsible for members' failure to achieve expected benefits or losses incurred using the service.

8.       The Company is not responsible for losing the Member’s game information (experience points, ratings, items, game money, etc.). However, this does not apply if the Company is intentional or negligent.

9.       Members are not responsible for third-party payments caused by not managing the password setting function of PCs and Mobile Devices and the password setting function provided by the Open Market. However, this does not apply if the Company is intentional or negligent.

10.    The Company is not responsible for the inability to use all or some functions of the content due to changes in members' mobile devices, changes in phone numbers, OS upgrades or changes, international roaming, or changes in telecommunication companies, However, this does not apply if the Company is intentional or negligent.

11.    The Company is not responsible for the deletion of content or account information provided by the Company by members, However, this does not apply if the Company is intentional or negligent.

12.    The Company is not responsible for damages incurred by temporary members' use of the service, However, this does not apply if the Company is intentional or negligent.

13.    The Company may restrict game service hours or other aspects of game service related to members based on relevant laws, government policies, etc., and shall be exempt from liability for matters related to the use of game services arising from such restrictions.

14.    The Company is not responsible for general issues arising from members' mobile device environments or issues arising from network environments without the Company's intentional or gross negligence.

28.  NOTIFICATION TO MEMBERS

1.       The Company has the authority to inform members of any essential information and notifications required for service usage through service interfaces, email, in-app messages, or text messages (LMS/SMS).

2.       If a notification needs to reach all members, the Company may meet this requirement by displaying it within the game service for at least 7 days or by presenting it via pop-up screens, thus satisfying the notification obligation outlined in Paragraph1.

29. JURISDICTION AND GOVERNING LAW

These Terms of Services will be governed by and construed under the laws of the Republic of Korea. If a lawsuit is filed due to a dispute between the Company and a member resulting in litigation, the competent court shall be determined as per the procedures mandated by law.

30. MEMBER’S GRIEVANCE HANDLING AND DISPUTE RESOLUTION

1.       The Company will guide members on methods to express their opinions or grievances within the game service or its associated interfaces, considering member convenience. The Company maintains dedicated personnel to address such opinions or grievances from members.

2.       If the opinion or complaint raised by the Member is objectively recognized as legitimate, the Company will promptly process it within a reasonable period. However, if the processing takes a long time, the reason for the long-term processing and the processing schedule is notified to the Member within the Game Service or notice under Section 28, Paragraph 1.

3.       If a dispute arises between the Company and a Member and a third-party mediation agency mediates, the Company can faithfully prove the measures taken to the Member, such as restrictions on use, and follow the mediation of the mediation agency.

31. CLASS ACTION WAIVER

1.       You and FOWGAMES each waive all rights to a trial by jury in any action or proceeding involving any Disputes in any forum. You and FOWGAMES each waive all rights to participate in any purported class, collective, representative, or consolidated action or proceeding. Unless you and FOWGAMES agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of consolidated, representative, group, or class proceeding.

2.       All Disputes shall be arbitrated on an individual, non-class, and non-representative basis only. This means that the arbitrator will resolve your individual Dispute with our studio, FOWGAMES, separate from any other Dispute, and that your Dispute cannot be consolidated or joined with another person’s or party’s claims. The arbitrator may award relief permitted by applicable law only with respect to the individual party seeking relief, but to the maximum extent permitted by applicable law, may not award relief respecting any person other than that individual party seeking relief.

3.       If any court or arbitrator determines that this Class Action is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then this Arbitration Agreement shall be deemed null and void in its entirety, and you and FOWGAMES shall be deemed to have not agreed to arbitrate Disputes.

These Terms of Services are effective from August 28, 2024