Date of Enforcement: Jun 21, 2014
Article 1 Purpose
This agreement (hereinafter referred to as the “Agreement”) aims to define rights, obligation and other various matters of the Growing Seeds Ltd. (hereinafter referred to as the “Company”) and a user with respect to games and other various services that the Company provides through web or terminal
Article 2 Definitions
For the purpose of this Agreement, the following terms shall have the meaning assigned to them below. Unless otherwise stated herein, the definition of terms herein shall follow relevant laws and regulations.
2.1 “User” means a customer (including member and non-member) that consents to this Agreement and is authorized to use all games and services that the Company provides.
2.2 “Service” means all game services that the Company provides.
2.3 “Terminal” means equipment such as PC, cellular phone, smart phone, tablet, etc. with which a user may download, install, or use service.
2.4 “Application” means all programs that a user may download, install, or use through a terminal stated in Article 2(3) in order to use service that the Company provides.
2.5 “App Store Provider” means all e-commerce providers (including a provider that enables a method to make payment within a game) such as Open Market that installs games of the Company and provides a method to make payment. For example, Google Play Store, Apple App Store, etc.
2.6 “User Account” means an email that a user selects and enrolls in an application in order to identify him/her and use services. The user account is limited only to an email which the user validates to his/her own email in accordance with procedure prescribed by the Company.
2.7 “Paid Contents” means all online contents that a user purchases through app stores stated in Article 2(5) in order to enjoy a specific effect on services that the user uses.
2.8 “Free Contents” means all online contents that a user does not purchase through paid contents stated in Article 2(7) within a game.
Article 3 Effect and Modification of the Agreement
3.1 This Agreement shall come into force by making a public announcement thereof on a homepage of the Company (www.gseeds.co.kr). A user shall be deemed to consent to this Agreement concurrently with clicking an agree button of this Agreement after installing and running an application of the Company.
3.2 This Agreement shall apply to a user from when the user contents thereto. Where this Agreement is modified, such modification shall apply to the user from when such modification comes into force.
3.3 By consenting to this Agreement, a user shall be obligated to verify any modification thereto by regularly visiting the homepage of the Company.
3.4 The Company may, at any time, modify this Agreement, if necessary. The Company shall make a public announcement of contents and enforcement date of such modification on the homepage of the Company no later than seven (7) days from such enforcement date. However, provided that the modification is adverse to a user, the Company shall make a public announcement thereof on the homepage of the Company no later than thirty (30) days from an enforcement date as well as on an access to an application. Any modification shall come into force from public announcement date or notified enforcement date.
3.5 A user may have a right to reject modification to this Agreement. A user that objects to modification to this Agreement may have a right to terminate use of services and cancel this Agreement. Where the user continues to use services later than the enforcement date of the modification to this Agreement, the user shall be deemed to consent to such modification.
Article 4 Provision of Services
4.1 The Company shall provide a user with services stated below:
4.1.1 Game services and relevant additional services
4.1.2 Learning services
4.1.3 Creative activity services
4.1.4 Social network services
4.1.5 Other services that the Company may develop or provide through contracts with other companies
4.2 The Company may ask a user to enter into separate agreements by services other than this Agreement. The user may use such service only by consenting to such separate agreement, applying for use of such service, and obtaining an approval for use of such service from the Company.
4.3 The Company may limit the provision of services in accordance with relevant laws or use procedures of such services. In this case the Company shall give prior notice on such limitation.
4.4 The Company shall provide services 24 hours a day if it is not hindered by business or technical difficulties. However, provided that it is necessary, for example, including but not limited to a regular system check, replacement or extension of hardware such as server, etc., or new updates, the Company may temporarily suspend such services within a certain period of time.
4.5 If it is necessary in accordance with relevant laws or contents of services and its operation, the Company may provide services only a limited time period of a certain date. In this case, the Company shall give a prior notice on such limitation and such time period on homepage of the Company or by relevant application services. However, in unavoidable circumstances, the Company may give an ex post facto notice.
Article 5 Protection and Use of Personal Information
The Company shall endeavor after protecting personal information of user including registration information thereof. Information regarding users shall be collected and used in accordance with the Policy on Processing and Protection of Personal Information that is publicly announced on www.gseeds.co.kr
Article 6 Management of User Account
6.1 The Company shall grant a user account (ID) user’s email account that the user registers in order to use services. In this case, the Company may grant the user account (ID) only user’s email account that is authenticated through procedure that the Company prescribes in order to verify if the user owns such email account.
6.2 The Company may grant an additional service to a user who registers and validates his/her email account. A user that does not generate the user account may use only basic services but may not demand to use additional services.
6.3 The Company shall inform a user of the scope of additional services according to registration and validation of user account (ID) by giving notice thereon.
6.4 The Company may perform following tasks through email account that is validated as a user account (ID).
6.4.1 Validation of user account
6.4.2 Validation of password change
6.4.3 Guidance regarding user account
6.4.4 Communication such as reply to various inquires from a user, etc.
6.4.5 Guidance on use of application and provision of update information (a user may reject receiving such information)
6.4.6 Other service advertisements of the Company (a user may reject receiving such information)
6.5 A user shall manage in good faith his/her own account information such as user account, password, etc. The user shall be liable for damages due to a negligent management of such information or approval to use such information to a third party.
6.6 A user may change, at any time, an email account that he/she registers to any other email account that he/she owns. Also, the user may change a password for security or other reasons.
Article 7 Modification and Cessation of Services
7.1 The Company may modify services as business or technical need arises. The Company shall give a prior notice on the contents of services to be modified and date of provision thereof by posting them on a homepage of the Company. However, provided that an unavoidable circumstance such as fatal bugs, defects in server equipment, emergence security concern, etc. occurs, the Company may give an ex post facto notice.
7.2 Where all services need to be ceased due to planning or operation of service, exigency of the Company, etc., the Company may cease provision of services by publicly announcing such cessation no less than thirty (30) before the date of such cessation. A user may not demand compensation for a flat rate based item or a term-based paid item for which a use period expires at the time of the said cessation. As to a paid item or an item for which warranty is not displayed, the use period shall be deemed to expire the date of cessation of services that is publicly announced.
7.3 The Company may limit or cease all or part of services in following circumstances:
7.3.1 Force majeure such as war, incident, natural disaster, a state of national emergency;
7.3.2 The use of services is hindered or impeded by blackout, defects in equipment, deluge of uses, etc.;
7.3.3 Unavoidable circumstances such as maintenance of equipment for services; or
7.3.4 The Company may not provide services due to all other circumstances
7.4 The Company shall not be liable for any problems caused by modification and cessation of services.
Article 8 Obligation of the Company
8.1 The Company shall observe relevant laws and regulation. The Company shall, in good faith, exercise its own right and perform its own obligation.
8.2 The Company shall construct a security system to protect personal information of user. The Company shall publicly announce and observe a plan to manage personal information.
8.3 The Company shall not leak or distribute personal information of user to a third party without approval of such user. Provided, however, a relevant governmental institution demands in accordance with relevant laws or regulations, the Company may leak or distribute personal information of user.
8.4 Where the Company acknowledges that opinion or complaint of user is objectively justifiable, the Company shall promptly process such opinion or complaint within a reasonable period of time. Provided, however, it takes a long period of time to process, the Company may publicly announce a schedule for process and reason or give a notice by email that the user registers as a user account.
Article 9 Obligation of User
9.1 A user shall not perform or aim to perform following acts in using services that the Company provides:
9.1.1 To use personal information of a third party including account, password, etc. or to enter false information;
9.1.2 To copy, distribute or commercially use information on services of the Company or that is received with services without an approval of the Company;
9.1.3 To deal or trade item, point or game money etc. that is accumulated in an application through services that the Company does not provide;
9.1.4 To generate profit in property to himself/herself or a third party with services of the Company;
9.1.5 To harm or damage third party’s reputation;
9.1.6 To pay for service charges by payment methods without an approval of owner of such payment methods;
9.1.7 To register or distribute materials infected by a computer virus that occurs malfunction of equipment for services, destruction of information, confusion etc.;
9.1.8 To infringe intellectual property right, right of image, etc. of the Company or a third party;
9.1.9 To collect, store, distribute or post personal information of other user without approval of the Company;
9.1.10 To intentionally interrupt services of the Company or transmit information that may interrupt a stable operation of services of the Company or advertising information against recipient’s obvious will to reject such information;
9.1.11 To disguise oneself as other;
9.1.12 To exchange or post obscene or vulgar information; To connect or link to an obscene site; To post unauthorized advertisement and promotional materials;
9.1.13 To induce or participate in a speculative behavior such as a gambling etc.;
9.1.14 To transmit or distribute word, sound, writing, or video that arouses repulsion, humiliation or fear;
9.1.15 To modify information posted on services;
9.1.16 To transmit, post, distribute or use a computer program that is prohibited from transmission or posting by relevant laws and regulations, a software virus that is designed to interrupt or destroy computer software, hardware, telecommunication equipment, or information including other computer code, file, or program;
9.1.17 To disguise or impersonate oneself as personnel or administrator; to post a writing or send mails under other’s identity; or
9.1.18 To violate the public order, traditional custom or relevant laws and regulations;
9.2 Unless the Company officially approves, a user may not engage in sales activity such as selling goods using services, provide or be provided an item or account acquired through services. The user may not make profit through hacking or advertisement, illegally distribute commercial software, or prepare or advertise such activities. The user shall be solely liable for effects and damages for such activities and any legal action against such activities, for example imprisonment by relevant authorities. The Company shall not be held liable for such activities. Where the Company sustains any damages for such activities by a user, the user shall be liable for such damages.
9.3 A user shall, from time to time, check a homepage of the Company for public announcement.
Article 10 Copyright
10.1 The copyright and other intellectual property for work that the Company creates shall vest in the Company.
10.2 The copyright for material that a user posts within services shall vest in a relevant copyright holder.
10.3 A user shall not use for commercial purposes or make a third party use information that the user acquires during the use of services without an approval of the Company.
10.4 A material that a user posts within services may be exposed to search results, services, or related promotions and the Company may modify, copy, or post after editing such material as long as it is needed in order for such exposure. In this case, the Company shall observe the copyright laws and the user may, at any time, take actions for the material, such as deletion, exclusion from search results, non-disclosure etc. through a homepage of the Company or administration functions within services. This shall be valid while the Company operates services.
10.5 Where a third party raises objection based on copyright to materials that a user posts and the Company judges that such objection is considerably reasonable, the Company may refuse to register or delete such materials without a prior notice. The Company shall observe the copyright laws and other relevant laws for cessation of post resulting from infringement of copyright or other rights.
10.6 A user shall be held liable for damages or losses resulting from a posted material and the Company shall not be liable for such damages or losses.
10.7 The Company may move a posted material without a prior notice if necessary.
10.8 Where a third party raises an objection against the Company such as claim for damages resulting from infringement of rights of such third party by a posted material, a user shall actively cooperate with the Company in order to indemnify The Company. Where the Company is not indemnified, the user shall reimburse the Company for any damages or losses.
10.9 Where the Company determines that material that a user posts or delivers falls under one of the followings, the Company may refuse to post or delete without a prior notice:
10.9.1 Material slanders, damages, or infringes privacy of other user or a third party;
10.9.2 Material disrupts or may disrupt a stable operation of services;
10.9.3 Material is acknowledged to be related to a criminal act; or
10.9.4 Material infringes intellectual property or other rights of the Company or a third party.
Article 11 Purchase of Paid Contents
11.1 A user may purchase paid contents through a payment system of the Company services or a payment system of App Store Provider. A payment amount may differ according to policy on payment of each entity. A purchase amount for paid contents shall be charged in accordance with a method and policy that the App Store Provider defines. Also, a payment method shall observe policy of relevant provider. A purchase amount for paid contents that the Company provides shall be charged in accordance with a method and policy that the Company defines. A payment method shall observe policy of the Company.
11.2 A user may use paid contents that the user purchases only within terminal where a relevant service application is downloaded or installed.
11.3 A user may use paid contents whose use period is specified only during such use period. The user may not use such paid contents if such use period expires.
11.4 Unless the Company notifies otherwise, a user may use paid contents only within his/her account. The user may not assign, rent, trade such paid contents to a third party.
Article 12 In App Purchase
12.1 Some applications include payment function for purchase within App.
12.2 A user shall prevent a third party from using payment function for purchase within App through password setting function of terminal or password setting function that Open Market provides. The Company shall apply module and library for payment within App for which authentication procedure that Open Market provides is applied to applications
12.3 The Company shall not be liable for payment of a third party that results from user’s failure to use password setting function of terminal or Open Market or user’s negligent management of such password.
12.4 A user shall make payment for purchase within App.
Article 13 Cancellation and Refund
13.1 A user may cancel purchase of paid contents at no additional charge no later than seven (7) days from date of such purchase or date from when the user may use such paid contents. However, a right to cancel purchase of paid contents that the Company or a third party provides free of charge, the user already uses, or is deemed to be used at the time of cancellation request may be restricted in accordance with relevant laws and regulations. In this case, the Company shall take measures such as notification at the time of purchase of paid contents in accordance with relevant laws and regulations.
13.2 Where a user may not use paid contents due to reasons attributable to the Company, the Company shall provide the same paid contents free of charge or refund purchase payment in full irrespective of the date of purchase.
13.3 The Company shall proceed with refund in accordance with policy on refund of App Store Provider according to operating system of terminal within which service is used. The detailed information on procedure to request refund shall be publicly announced on a homepage of the Company.
13.4 Cancellation of purchase for In App item shall be restricted in following circumstances. The Company shall clarify such restriction prior to In-App payment for such In-App item.
13.4.1 In-App item whose use begins promptly or In-App item that promptly applies to application posterior to purchase thereof;
13.4.2 In-App item that a user acquires without In-App payment during normal use of application;
13.4.3 An additional benefit within In-App item is used;
13.4.4 A part of In-App item that is purchased as a bundle;
13.4.5 Where an opening of In-App item may be deemed as a use thereof, all or part of goods such as In-App item is used, In-App item may not be resold due to passage of time, or packaging of replicable goods is damaged, the Company shall take measures for user’s right to cancel not to be restricted by displaying such facts on packaging or easily noticeable location or by providing trial goods. Otherwise, a member may cancel the purchase in spite of causes to restrict such cancellation.
13.5 Where a minor makes payment for In-App item that is sold in an application without consent of a legal representative, the minor or legal representative thereof may cancel In-App payment. However, provided that In-App payment by the minor is within the property that the legal representative allows to dispose of or the minor makes the Company believe he/she is an adult, cancellation of the payment is restricted. Whether a purchaser of In-App item is a minor or an adult shall be determined by a registered person for payment method such as credit cards or a registered person for terminal within which In-App payment is made shall determine. Where a minor or a legal representative thereof requests cancellation of payment, the minor or the legal representative thereof shall submit documentary evidences for such facts.
13.6 In-App payment of an application shall observe a payment method that Open Market Provider provides. Thus, where overpayment occurs during In-App payment, a user shall request refund to Open Market Provider. However, provided that it is possible in accordance with policy or system of Open Market Provider, the Company may request a necessary refund procedure to Open Market Provider.
13.7 As to In-App payment through a gift function, a user may not cancel or request refund for such payment, unless there is a defect in In-App item. Only a user who sends a gift may request refund due to defects in In-App item.
Article 14 Effect of Cancellation
14.1 Where a member cancels a purchase, the Company shall promptly recall or delete paid service of such member and refund a purchase payment no later than three (3) days from the date of such recall or deletion.
14.2 Where the Company delays refund to a member, the Company shall pay interest for arrears in accordance with laws and regulations as to electronic commerce.
14.3 Where a member makes payment by credit cards, the Company shall promptly request cessation or cancellation of payment from member’s credit card company. However, provided that the Company already receives the payment from a credit card company, the Company shall refund to such credit card company and notify such facts to such member.
14.4 Where all or part of goods are already used or consumed, the Company may charge a member for benefit that such member receives from such use or expenses for provision of such goods.
14.5 Where a member cancels purchase, expenses for return of goods shall be borne by such member. The Company may not demand damages or cancellation fees based on such cancellation.
Article 15 Termination of Contract and Cessation of Service Use
15.1 A member may terminate a service use agreement.
15.2 Where a member wishes to terminate a service use agreement, such member shall apply to cancel one’s membership.
15.3 Where a user causes disruption of services of the Company by violating user’s obligation, the Company may terminate this Agreement without a prior notice or restrict service use during a prescribed period.
15.4 A restriction period means a use restriction period by account (ID). A use of all games and services using same account shall be restricted.
15.5 Where the Company terminates or ceases this Agreement in accordance with Article 15(4) herein, a user shall delete a downloaded application.
15.6 Where the Company wishes to terminate this Agreement due to causes other than breach of user’s obligation, the Company may terminate this Agreement with a prior notice through writing, email, or other equivalent methods.
15.7 Where the restriction of use by the Company is justifiable, the Company shall not be liable for damages sustained by a user.
Article 16 Damages
16.1 Where a user inflicts damages resulting from breach of obligation herein or use of services to the Company, such user shall pay for such damages.
16.2 Where a third party raises an objection including but not limited to claim for damages or filing of a lawsuit arising from unlawful acts or breach of this Agreement by a user, such user shall indemnify the Company with one’s own expenses and responsibility. Otherwise, the user shall pay for all damages that may be borne by the Company.
Article 17 Indemnification
17.1 Where the Company may not be able to provide services due to force majeure such as war, incident, natural disaster, a state of national emergency, technical difficulty that is difficult to resolve, the Company shall be relieved from any responsibility.
17.2 The Company shall not be liable for suspension of service or disruption of use caused by user’s fault. Also, where a key telecommunications service provider suspends telecommunication services, the Company shall not be liable for damages of user.
17.3 The Company shall not be liable for suspension or disruption of service resulting from maintenance, replacement, regular check, or construction of equipment for services, which is announced beforehand or exigently performed.
17.4 Where a user fails to obtain a score or ranking that the user expects to obtain by using services, the Company shall not be liable for such facts. Also, the Company shall not be liable for damages resulting from user’s selection or use of services.
17.5 The Company shall not be liable for disadvantage or loss of information resulting from user’s modification of one’s own personal information including an account.
17.6 The Company shall not be liable for all problems resulting from a terminal environment of user or problems resulting from one’s own network environment which are not fault of the Company
17.7 The Company shall not be obligated to intervene in dispute between users or between a user and a third party arising from services. Also the Company shall not be liable for damages resulting from such dispute.
17.8 The Company shall not be liable for damages resulting from free services and free contents that the Company provides. However the Company shall be liable for damages resulting from intention or gross negligence of the Company.
Article 18 Jurisdiction and Governing Law
18.1 Both parties hereto shall bring any lawsuit as to disputes between both parties hereto to a competent court under relevant laws such as civil procedure laws.
18.2 This agreement shall be interpreted by the laws of Republic of Korea.
Rider (Jun 21, 2014)
This Agreement shall be enforced from Jun 21, 2014.
Date of Announcement: Jun 21, 2014.
Date of Enforcement: Jun 21, 2014.