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User Agreement

1.     The purpose of this user agreement (hereinafter “Agreement”) is to stipulate the various matters on the condition of enrollment and use of the game service between the Company and users of “AstroNest (hereinafter “Game”),” which is a mobile game created by the developing company and provided by ANGAMES (hereinafter “Company”).

2.     Definition of terms

1.     The terms used in this Agreement shall be defined as follows.

1)  A “User” is a person (member and non-member) who uses the games and services provided by the Company.

2)  Contents” are all digital content, including all games, network services, applications, game money, items and others, which are made and provided by the company through digital devices.

3)  A “Device” is a cellphone, smartphone, tablet PC or other apparatus in which the Contents can be downloaded, installed and used.

4)  “Network Services” are all services provided by the Company to allow Users connected to the Internet to register rankings, send messages, invite friends, post writings, purchase game money or items, and use network games.

2.     Besides the definitions set in Clause 1 of this Article, the definition of terms used in this agreement shall follow the related laws and policies for each service. If the definition is not set in related laws, it shall follow general commercial practice.

3.     Efficacy and change of agreement

 

1.     This Agreement shall have effect as the Company announces it to Users through various means such as posting it on the homepage (or official web café) operated by the Company or in the Game provided by the Company, or by sending email to Users. Users who download the application of the Company or use the Contents or Network Services shall be considered to have consented to this Agreement. This Agreement shall apply to Users from the moment they consent to it, and in case of a change in the Agreement, the change shall be applied to Users from the moment of effectuation.

2.     The Company may change the Agreement when rational reasons occur. The change becomes effective as the Company announces it without delay.

3.     Consenting to this Agreement means that the User will routinely visit the Company’s homepage (or official web café) to check the changes in the Agreement. Losses to the User caused by his/her lack of understanding toward the change in the Agreement shall not be the Company’s responsibility.

4.     The User has the right to reject a change in the Agreement. If the User does not consent to the change, he/she can do so by discontinuing use of the service or deleting the application installed in the Device.

5.     If the User shows no explicit intention of denial when the Company notices and announces the change in the Agreement, the Company shall consider that the User has consented to the change.

4.     Supplementary provision besides the Agreement

 

1.     Matters not described in this Agreement shall follow a separate notice for each service posted on the homepage (or office web café), related laws set by the government, or commercial practice.

2.     In case the separate notice is in conflict with this Agreement, this Agreement shall take precedence over the separate notice.

5.     Validity of the service use contract

 

1.     This contract is effective when a user consents to it. To consent to the contract, the user should provide his/her personal information in a format the company provides and it should be accepted by the company.

2.     On the service use contract, the User shall be deemed to have consented to this Agreement if he/she explicitly consents, he/she downloads the Game of the Company, or uses the Contents through a network.

3.     When accepting the user application and member enrollment for a person who wishes to use the service, the Company may request real-name verification and identification to the User, who must provide his/her real name and accurate personal information. Any disadvantage and loss caused by not providing such information shall be the liability of the User, not the responsibility of the Company.

4.     In case the user application falls under the following clause, the Company may not grant approval. If the user application later turns out to fall under the following clause, the Company may revoke approval or cancel the contract. Notwithstanding the above, in case the user application falls under the following clause due to simple miswriting, the Company shall verify the user information when available and correct the information so that the User can use the service.

1)  When stealing the names of others (including direct ascendants and descendants) or providing false personal information.

2)  When omitting or miswriting the information required in the application.

3)  When the ID is judged similar to the operator’s ID and thus a chance of confusion is assessed.

4)  When a chance of violating community ethics is deemed due to the use of explicit sexual expressions, profanity, vulgarism, racist or sexist language, and slandering and belittling of specific targets.

5)  When approval is judged to be impossible due to reasons attributable to the User.

6.     Service provision and suspension of use

 

1.     Barring an operational or technical hindrance, the Company shall, in principle, provide the service 24 hours a day, 365 days a year. Notwithstanding the above, in case the operation of the service requires routine checkup of the system, addition/replacement of servers, addition of new game Contents, various patches for bugs, replacement of a new service, or other solutions, the Company may suspend the service for a certain period of time. In this case, the Company shall announce the details and period of a suspension beforehand on related homepages (or official web café) or inside the Game. Notwithstanding the above, if the Company has reasons that prevent it from making such an announcement beforehand, it may announce the details and period of a suspension after the fact.

2.     In spite of Clause 1 of Article 6, the Company may suspend the Game service in case of the following.

1)  Situations uncontrollable by the Company such as war, incidents, natural disasters (e.g., earthquake) or national emergencies.

2)  The Company judges that normal service cannot be provided due to blackout, malfunctioning facilities or other conditions.

3)  Provision of the Game service is difficult due to situations in the Company such as division of the Company, merger, business transfer or abolishment, or deteriorated profitability of the Game service.



In case of situations uncontrollable by the Company such as war, incidents, natural disasters (e.g., earthquake) or national emergencies or if the Company judges that normal service cannot be provided due to blackout or malfunctioning facilities, it may suspend all or part of the service. In this case, the Company shall announce the details and period of a suspension beforehand (or after the fact) on related homepages (or official web café).

3.     Fee-based services are usable after paying the price listed. In case the application is downloaded or service is used through a network, additional fees set by the mobile carrier can be incurred.

4.     Applications that are downloaded and installed or services used through Network Services are designed to fit certain smart Devices or mobile carriers. In case the Devices or phone numbers are changed or overseas roaming is in use, all or part of the functions of the Contents may not be used. In this case, the Company shall not be responsible for such failure of use.

5.     Local network situations, including the downloading and/or the playing of the Game, can cause connection issues that include inability to access or download the game. The Company does not take responsibility for these situations.

6.     Based on related laws or governmental policies, the Company may limit the hours of use for certain services or Users. The various matters regarding the use of the Game that occur due to such limitations shall not be the Company’s responsibility.

7.     In case the company permanently ends the Game service due to technical or managerial reasons, the details of the termination shall be announced on the Company’s homepage (or official web café) at least 30 days before.

8.     In case the Game service is terminated, members cannot claim damages for free Game services or charged services for which they have no use-time left. The use-time of charged services in which the use-time is marked permanent or unmarked shall be deemed until the end of the service.

7.     Provision of information and insertion of advertisements

 

1.     The Company may insert advertisements to maintain the service, and the User consents to the exposure to such advertising during use of service.

2.     In case the advertisements described in Clause 1 above are provided by the Company but the advertisers are third parties, the Company shall not be responsible for any loss or damage incurred to the User due to the latter’s participation, exchange or transaction with the advertisements.

3.     To improve the service or introduce it to the User, the Company may ask the User for additional information. In this case, the User may consent and provide the additional information or choose not to

4.      Regarding the operation of the service, the Company may insert advertisements in the location set by the Company, including the service screen, homepage (or official web café) or email.

5.     The Company shall not be responsible for any loss or damage incurred to the User due to the User’s participation, exchange or transaction with the promotional activities of the advertisers inserted in or provided through the service.

6.     In case the User wishes not to receive information sent by the Company through SMS or Push Message functions, he/she may express such intention by using the “Do Not Send” phone line  set by the Company.

8.     Protection and use of personal information

 

1.     Following related laws, the Company shall strive to protect the personal information of the User, including registration data. The protection and use of the User’s personal information shall follow related laws and the Company’s policies of handling personal information.

2.     Following the characteristics of the service, introduction of the User such as nickname and in-game photo can be disclosed.

3.     In case identification is necessary, the Company may request a copy of the User’s ID card or other certificate. In this case, the Company shall explain the reason for such a request and use of the copy. The copy cannot be used for reasons other than the one explained, and after fulfilling the purpose, the Company shall destroy it so it cannot be restored.

4.     The Company shall not be responsible for all information disclosed by reasons attributable to the User, including his/her account information.

5.     To use the service, the User shall earnestly manage his/her personal information. In case the personal information changes, the User shall notify such changes to the Company. Loss incurred by a delay or omission in the change of such personal information shall be the sole responsibility of the User.

9.     Purchase of fee-based Contents

 

1.     The User may purchase or download Contents provided by the Company through channels such as the wireless internet of mobile carriers, open market and applications stores, or online sites (portal, mobile game sites, homepage (or official web café) of the Company).

2.     The items provided by the Company are purchasable from the Network Services on the online site, Game or applications.

3.     In case the User purchases mobile Games or applications through the wireless internet of mobile carriers or open market and applications stores, or if the User uses the Network Services, data fees set by the mobile carriers may be charged.

4.     The User may purchase the charged Contents following the payment policies of each application store, which might differ for the types of Device that the User uses to receive the service. Due to such differences in payment policies, the price charged for the Contents can also vary.

10.   Use of Contents

 

1.     When purchasing items through the Network Services in the Game, the items can be provided with or without charge, and additional fees could be incurred.

2.     In principle, the Contents purchased by the User shall only be used in the Device in which the related Game service application has been downloaded or installed. Notwithstanding the above, if the characteristics of the open market or application stores allow the User to change the Device by sharing the account, the use of the Contents shall follow the policies of such stores. In case a Device or phone number is changed or overseas roaming is in use, all or part of the Contents may not be used. In this case, the Company shall not be responsible for such failure of use.

3.     An account can be accessed by multiple accounts. But this does not mean there can be multiple instances of an account being accessed simultaneously, or multiple simultaneous logins. The Company does not approve of multiple simultaneous logins and any players who do so is liable for any and all consequences that may result from multiple simultaneous logins. The Company will not help recover any accounts that have evidence of multiple simultaneous logins.

4.     Regarding the service provided by the Company, the Company shall have all ownership of the items, including the intellectual property rights. The User who purchased the items has the right to use the items within the service limits provided by the Company. In other words, the User shall use the items provided by the Company within the service limits and period set by the Company, and shall not use the items other than under the methods set by the Company. Also, the User shall not transfer or sell the items.

5.     Given proper reasons, the User can lose the right to use the charged Contents that he/she purchased.

6.     Except in cases separately announced by the Company, the User shall use the charged Contents only in his/her own account. The User shall not transfer, lend or sell the Contents to a third party.

11.   Responsibility of the Company

 

1.     The Company shall conduct no actions prohibited by laws or this Agreement, or that could violate customs. The Company shall strive to provide continuous and stable service.

2.     In case of a problem in the service, the Company has the responsibility of swiftly solving such problems. Notwithstanding the above, if immediate resolution of the problem is deemed difficult due to certain reasons, the Company shall announce the reasons and the expected time for resolving the problems through the homepage (or official web café) of the service, or by notifying Users by email or other means.

3.     Without the consent of the User, the Company shall not disclose/distribute the personal information of the User to others. Notwithstanding the above, the Company may do so upon the request from a governmental agency based on related laws such as local Telecommunications Laws.

4.     The Company shall protect User information to prevent its leak from the service system. To provide continuous and steady service, the Company shall repair or restore its service facilities if they are malfunctioning or damaged. Notwithstanding the above, exceptions can be made in case of natural disaster, state of emergency or other unfavorable circumstances.

12.   Responsibility of the User

 

1.      When registering his/her account, the User shall write all information factually and not provide false information. In case the account has been registered with false information or other people’s personal data, the User shall not claim his/her rights to use the account and service to the Company. In case the User’s action of registering an account with false information or other people’s data causes damage to a third party, the User shall be solely responsible and the Company shall be solely exempted from all responsibility whatsoever regarding the damage.

2.     Upon using the service provided by the Company, the User shall conduct no action that falls under the following Clauses, or no action that aims or intends to fall under the following Clauses.

1)  Using the personal information of others or false data when providing personal information to the Company in cases such as winning an event

2)  Stealing or fraudulently using the ID and password of other Users

3)  Trading or selling Game contents or money accumulated via a Game ID with others through services not provided by the Company

4)  Creating, distributing and/or using a program, device and/or equipment which are not provided and granted by the company

5)  Generating profit in property for him/herself or others using the service of the Company

6)  Conducting actions that harm or damage the well-being of others

7)  Paying for the fees of the service by stealing the payment means of others without their consent or approval

8)  Infringing on the ownership rights of the Company and others, including intellectual property or portrait rights

9)  Collecting, storing, distributing and posting the personal information of other Users without the approval of the Company

10)          Using program bugs maliciously or posting/distributing materials that can interrupt the system and cause informational confusions

11)          Hindering the Company’s operation of the service intentionally, distributing information that could harm the stable operation of the service, or sending advertising information to recipients who explicitly expressed their intentions of denying such information

12)          Disguising oneself as another or untruthfully expressing a relationship with others

13)          Exchanging/posting obscene or vulgar information, such as, providing connections (links) to pornographic websites or unauthorized advertisements or promotional materials

14)          Promoting or participating in speculative activities such as gambling for properties

15)           Sending, delivering or distributing voices, sounds, writings, images or videos to others that could arouse humiliation, hatred or terror

16)          Changing information posted on the service

Disguising as an employee or operator of the Company or stealing another person’s name to post writings or send mail

Conducting other illegal or unjust actions that violate related laws or harm public order or beautiful and fine custom

13.   Copyright

 

1.     The Company owns all copyrights and intellectual property rights for all works in the Contents.

2.     Without approval from the Company, the information that Users obtain while using the service cannot be used for profit or be provided to third parties for their use.

14.   Copyright of the User

1.     The copyright of works that a User posts in the service screen belongs to the User who posted them. Without the said User’s consent, the Company shall not use the works for commercial purposes. Notwithstanding the above, exceptions may be made for non-commercial purposes, and the Company reserves the right to post the works inside the service.

2.     Without approval from the Company, the information that Users obtain while using the service cannot be used for profit or be provided to third parties for their use.

3.     The works posted by the User in the service could be exposed in search results, the service or related promotions. Within the limits necessary for such exposure, the works are subject to partial revision, copying or editing and then posted.

15.   Posted works

1.     The User shall be solely responsible for all losses and problems caused by his/her works posted to bulletin boards or forums, and the Company shall be exempted from all responsibility whatsoever regarding the losses.

2.     In case the Company receives objections from others, such as claim for damages, because a User’s posted works infringe the rights of others, the User who posted the works shall actively cooperate with the Company to exempt the Company from all liabilities and responsibilities. If the Company is not exempted, the User shall be liable and responsible for all problems caused by such infringement.

3.     For works or materials that fall under the following Clauses, the Company reserves the right to discretionally delete them, move them or refuse them to be registered.

1)  Works or materials that slander other Users or a third party, invade the privacy of others, or damage the honor of others through defamation

2)  Works or materials acknowledged to be connected with illegal activities

3)  Works or materials judged to be infringing related laws

4)  Works or materials judged to be infringing related laws

5)  Works or materials that infringe on the rights of the Company or a third party, including intellectual property rights

6)  Works or materials with characteristics that do not fit the purpose of the bulletin board

7)  Works or materials have not been approved by company

8)  Works or materials to curse other users or company

16.   Limits on using service


The Company may limit the User’s use of service in case of the following Clauses.

1)  The User manipulates the Game results

2)  The User uses IDs or nicknames deemed scurrilous or obscene

3)  The User damages the well-being of other Users or hinders their use of the game

4)  The User steals another person’s name, personal information or payment information or conducts fraudulent trading

5)  The User violates any regulation of this Agreement or related laws

6)  The User uses or distributes programs unauthorized by the Company or attempts to damage the system by using system bugs, hacking or other means

7)  The User hinders the normal operation of the service

17.   Refunds

 

1.     In case the Contents are damaged, harmed or omitted or there are errors in charged fees due to significant flaws in the Company’s system, the User may receive compensation and refunds corresponding to the amount of damage or harm.

2.     

Following the methods of purchasing the charged Contents and paying for them, refunds for payments made through Korean companies (e.g., mobile carriers, open markets, micropayment companies, application stores or domestic credit cards) may be conducted by the Company. The Contents paid by using the payment modules provided by overseas companies (Google’s Play Store) are also subjects for the Company’s refund. Notwithstanding the above, the refund procedure can be limited due to the policies of overseas companies.

3.     Refunds shall not be made in the case of the following:

1)  Products provided free of charge by the Company to the User

2)  Products created by methods unintended by the Company

3)  Items with additional benefits that have already been used

4)  Items sold as a package (bundle) and part of the package (bundle) that has already been used

Refunds shall not be made for products provided free of charge by the Company to the User or those created by methods unintended by the Company.

5)  Items as a package (bundle), with additional benefits that have already been used or opened.

6)  Items with additional benefits that can be shown as already used from the User opening them or applying their contents to their current Game

4.      To refund a payment for purchasing the product, the Company shall retrieve the product by obtaining a receipt of sale from the User who applied for the refund. After retrieving the receipt of sale for said product from the User, the Company shall proceed with the procedures for refund. If the User has used all the products he/she purchased, the Company may reject refunding the payments. If products remain, the Company shall refund the payments for such remaining products.

5.     In case the Game service ends as described in Clause 2 of Article 6, a refund shall be made for the remaining products of the User. The refund amount shall be the payment amount made by the user minus various fees such as payment charges.

6.     In case the use contract is canceled due to reasons attributable to the User, such as the infringement of laws or this Agreement, the refund can be limited.

18.   Cancellation of contract

1.     The User may apply to stop using the service at any time. Upon receiving the proper application, the Company shall immediately stop providing the service to the User. In this case, the Company shall not be responsible for any damage incurred to the User.

2.     In case the User infringes on this Agreement, the Company may cancel the service use contract.

19.   Compensation for damages

1.     In case the User infringes on this Agreement and such action causes damage to the Company, the User shall compensate all damages incurred by the Company.

2.     For services provided to the User free of charge by the Company, the Company shall not be responsible for the damages incurred to the User regarding such free services, except for criminal acts that the Company conducted intentionally.

3.     In case the Company receives objections from a third party other than the User, such as claim for damages or lawsuit, as a result of the User committing illegal acts or infringing on this Agreement, the User shall be responsible and use his/her own expenses to exempt the Company from such objections. If the Company is not exempted, the User shall be liable for all damages on the Company caused by such infringement of rights, and shall make compensation for such damages.

20.   Exemptions

1.     The Company shall be exempted from the responsibility of providing the service in the event of force majeure such as natural disasters or war.

2.     The Company shall not be responsible for the User’s failure to use the service if the reasons for such failure are deemed attributable to the User.

3.     The Company shall be exempted from the damages caused by the mobile carrier’s suspension of the network service or abnormal provision of such service.

4.     The Company shall be exempted from the responsibility of providing the service in case the service has been suspended or hindered due to unavoidable reasons such as pre-notified repair, replacement, routine checkup or development of the service facilities

5.     The Company shall not be responsible for the User’s failure to gain expected profits from the service. The Company shall be exempted from the damages caused by the User’s selection or use of the service.

6.     The Company shall not in any way be responsible for the problems caused by the Device environment of the User or by the network environment not attributable to the Company.

7.     The Company shall not be responsible for the accuracy or authenticity of the various information, materials or data posted by the User on the service.

8.     The company shall not responsible for the user’s loss or failure to get characters, experience points, and other items which are obtained probabilistically. The Company shall be exempted from the damages caused by the User’s selection or use of the Game service, unless the Company intentionally caused such damage or its gross negligence did.

9.     The Company shall not be responsible for the damage caused by errors in the User’s mobile Device, inaccurately provided personal information, such as, email address, unless the Company intentionally caused such damage or its gross negligence did.

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