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TERMS OF USE
Article 1. Purpose
The purpose of this Terms of Use is to define the rights, obligations, responsibilities and other necessary matters of Kakao Games Corp.(hereinafter referred to as the Company) and its Members regarding the use of Dysterra and Dysterra related services (hereinafter referred to as the Service) provided by the Company.
Article 2. Specification, Effect and Modification of Terms of Use
① The contents of this Terms of Use shall be effective after being posted on the initial screen of the website for individual Services of services provided by the Company or otherwise notifying Members and shall enter into force between the Company and Members that have consented hereto.
② If necessary, the Company may change this Terms of Use within the scope not contravening the relevant laws and regulations.
③ In the event that the Company revises this Terms of Use, the amended contents shall be announced or notified by the Company at least seven (7) days prior to the effective date; or for thirty (30) days prior to the effective date if the foregoing modification is unavoidably operates to Members’ disadvantage. Amendments shall be notified to the Members’ registered email address or notified to the Members through the service notice page. The Company shall not be held responsible unless there is intentional or serious negligence of the Company. However, if there is an unavoidable need to change such as bugs,error fixes, or emergency update, if it is not a major change, or if there are unavoidable circumstances such as a server device defect or emergency security problem, the notice may be posted afterwards.
④ Unless Members explicitly refuse to accept the aforementioned modification until the day before the effective date, the Company shall presume your consent thereto.
⑤ If the Member does not agree with the amended Terms of Use the Member may express his/her intention to refuse up until the day before the effective date and terminate the Terms of Use.
Article 3. Additional Terms
① Any matters that are not prescribed in this Terms of Use shall be subject to the relevant laws and regulations or provisions of various operational policies publicly notified to Members by the Company, including, but not limited to, Terms of Use of individual Services, and Operation Policies on Service set forth by the Company.
② For the protection of the rights and interests of Members and setting the necessary regulations for applying this clause, the Company may set delegated matters which are set as the specific scope of the Terms of Use as the operating policies for each Service, and post them on the connection screen or on the Service website so that Members can know the contents of the operating policies.
③ Where the operating policy is amended, it shall be followed by the procedure under Article 2-③. However, if the amendment of the operating policy is corresponded to any of the following cases, it shall be publicly notified in advance by the method of the previous Paragraph:
(1). Where the delegated matters which are set as the specific scope of the Terms of Use is amended
(2). Where the Company or Partners amend matters not related to the obligation of Member’s rights
(3). Where the contents of the operating policy are not fundamentally different from those prescribed in the Terms of Use, and the operational policy is revised within the Member’s predictable scope
Article 4. Definition of Terms
The Terms herein shall be defined as follows:
① “Service” refers to any service that a Member can use regardless of the terminal (including various wired and wireless devices such as PC and portable terminal).
② “Member” refers to a person who agreed to this Terms of Use and uses the Services provided by the Company.
③ “Account (Email)” refers to an email address with a combination of letters, numbers and special characters set by the Member and approved by the Company for identification of the Member and for use of the Services after the Member agrees to this Terms of Use and the Privacy Policy.
④ “Password” refers to a combination of letters, numbers and special characters set by the Member to confirm that the person who uses the Account is indeed the Member who agreed this Terms of Use, and to protect the personal information of the Member.
⑤ “Nickname” refers to a unique name (a combination of letters and numbers) collected by the Company of a Member who has agreed to this Terms of Use and the Privacy Policy to use the Services.
⑥ “POINT” refers to virtual data used to use, or purchase game services provided by the Company, which means that Members pay and purchase money. However, the Company can provide POINT at free of charge (hereinafter referred to as 'free POINT') to the Members through event, survey participation, coupon, etc.
⑦ “Top-up” refers to a Member pays the Company and purchase POINT.
⑧ “Content” refers to information or material in online digital formats such as symbols, letters, figures, colors, voices, sounds, images, videos, etc., provided by the Company to Members. Digital Asset is not considered as the Content.
Article 5. Conclusion of Service Agreement
① A person who wants to become a Member shall agree to the Terms of Use provided by the Company and apply for membership in accordance with the procedures prescribed by the Company. This Terms of Use is concluded as soon as the Company accepts the application.
② An applicant shall enter actual information in accordance with relevant statutes when applying for membership, and if a person falsely states the name or identification information of steals the name of another person, the person may not claim the rights of the Member under this Terms of Use, and the Company may cancel or terminate the contract without refund. And the Company may not accept the application of the applicant for the following reasons. Even after sign-up, the Company may cancel the acceptance or terminate the agreement for the following reasons:
(1). If the Company has deleted the applicant’s Account according to this Terms of Use
(2). If the applicant has provided false or misleading information or has not provided the content requested by the Company
(3). If the applicant has attempted to create an Account using personal information of others such as an other’s email address
(4). If the applicant intends to use the Service in an abnormal or detour way in a country where the Company has not provided the Service
(5). If the applicant intends to use the Service for fraudulent purposes or for commercial purposes not permitted by the Company
(6). If the applicant is in violation of other related laws or regulations set by the Company
③ The Company may reserve the Account creation in the following cases:
(1). In case that there is either no availability in the Company’s facilities or technical hurdles
(2). In case that it is judged that there is a technical issue detected in providing the Services
(3). Other financial or technical cases where the Company deems it necessary to hold
Article 6. Provision of Company Information, etc.
Kakao Games posts the following information on Dysterra title screen or Dysterra Official website so that Members can easily access them. However, the Privacy Policy and Terms of Use can be shown to Members through the connection screen.
① Company and representative’s name
② Address of the business office (including the address where Member complaints can be handled) and email address
③ Phone number, fax number
④ Business registration number, Mail-order business report number
⑤ Privacy Policy
⑥ Terms of Use
Article 7. Modification of Member Information
① A Member may view and modify his/her personal information through the Service at any time. However, modification of some information required for Service management may be limited.
② Members must notify the Company of any changes made to the information entered at the time of signing up directly via the modification in Services or via the customer center.
③ The Company shall not be liable for the disadvantages caused by a Member not informing the Company of the changes as outlined in Paragraph 2.
Article 8. Managing Member Information
① The Company may limit the use of a Nickname if the Nickname has an associated risk of personal information leakage, if it has the possibility of being mistaken as the Nickname of another person who is not the Member, if it is anti-social or commits a moral violation, if it violates the rights of a third-party, or it if has the possibility of being mistaken as the Company or the Company operator. In addition, the Company may also otherwise restrict the use of the Nickname if the Company deems it necessary by reasonable judgment.
② Members are fully responsible for the management of their Account and Password. The Members are responsible for all the consequences resulting from negligent management of the Account and Password they receive, fraudulent use, and acceptance of the use of the account by a third-party, and the Company shall not be liable for it. However, this shall not apply in cases where the consequences are the result of the intention or gross negligence of the Company.
③ Members are responsible for keeping all information required for accessing the account secure, including Password, to prevent unauthorized third parties from unauthorized access to their account. Members must change their Passwords regularly.
④ The Members shall notify the Company immediately if they lose access information to their account or recognize that it has been stolen or disclosed to a third-party. The Company may immediately take measures to suspend the use of the account.
⑤ The Company is not responsible for the disadvantages caused by the Member of Paragraph 4 who is not notifying the Company or who did not follow the Company’s guidance even if the Member notified the Company of the fact.
Article 9. Privacy Protection
① The Company strives to protect the personal information of its Members as stipulated by related laws such as the Personal Information Protection Act and the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. This also includes other laws such as the European GDPR and UK laws on data protection. The protection and use of personal information are subject to the related laws and the Company’s Privacy Policy.
② Except for the individual Services provided as part of the Services, the Company’s Privacy Policy does not apply to services provided by third parties that are simply linked to the Services.
③ The Member must manage his/her personal information in good faith for the use of the Service and make any necessary personal information changes. Members are responsible for damages caused by delays or omissions of personal information changes. The Company shall not be liable for any information, including the Members’ membership information, exposed due to the fault of the Members.
Article 10. Company Obligations
① The Company shall not engage in acts prohibited by the related laws and this agreement, or that are socially unacceptable, and shall do its best to provide the Service continuously and stably.
② The Company shall have a security system to protect the Member’s personal information (including credit information) so that the Member can use the Service safely and shall disclose and comply with its Privacy Policy. The Company shall not disclose or provide any personal information of any Members to any third-party excepts as provided in this Terms of Use and the Privacy Policy.
③ The Company shall deal with any suggestions or complaints from Members regarding the use of the Service if it is found to be justified. For suggestions or complaints submitted by Members, the process and results shall be notified to the Members via board or email.
④ In the event of a failure of equipment or loss of data or damage during the course of Service improvement to provide continuous and stable service, the Company shall make every effort to repair or restore it without delay, unless there are unavoidable reasons such as natural disasters, emergencies, defects or obstacles that cannot be resolved by current technologies.
Article 11. Member Obligations
① Members shall not commit the following acts:
(1). Stealing another person’s information
(2). Impersonating an employee or a staff or other related person of the Company
(3). Changing information posted by the Company
(4). Transmission of or posting information (computer programs, etc.) other than information set by the Company
(5). Infringing Company’s intellectual property rights or those of a third-party, including copyrights
(6). Defaming or slandering or causing business obstruction of the Company or a third-party
(7). Disclosing or posting obscene or violent messages, images, recordings, false facts, or other socially unacceptable information while using the service
(8). Using the Service for purposes other than the original purpose of providing Services, such as commercial, business, advertisement, public relations, political activities, and campaigning purposes without the Company’s prior consent
(9). Disposing (transfer, sale, etc.) content data such as game data (Accounts, characters, game items, etc.) for value or donating the data or using the data as objects of rights (providing security, lending, etc.) through services not provided by a Company or abnormal methods
(10). Stealing other people’s information (personal information, payment information, etc.) such as the purchase of paid contents by stealing other people’s credit cards, telephone numbers, bank accounts, etc., or the fraudulent use of other Members’ Accounts and Passwords
(11). Unauthorized reproduction, distribution, manipulation, commercial use of information obtained from the Service of the Company, or exploitation of system errors, such as known or unknown bugs, to use the Service
(12). Manufacturing, distributing, using, or advertising computer programs or devices that the Company has not provided or approved
(13). Using information (computer programs) prohibited from transmitting or posting under statutes or intentionally transmitting or posting or distributing or using viruses, computer codes, files, programs, etc. designed to interfere with, destroy, or destroy the normal operation of computer software, hardware, or telecommunications equipment
(14). Accessing the Service via automated means such as Agent, Script, Spider, Spyware, Toolbar, or other fraudulent means without the Company’s prior consent, creating or increasing the number of exposures and clicks illegally, requesting use of the Service, or causing a load on the Company’s server
(15). Changing Services without special rights from the Company, adding other programs to the Service, designing a server for hacking/reverse engineering, changing or leaking source codes or data, building a separate server, or arbitrarily changing a portion of the website
(16). Collecting, storing, posting, or disseminating personal and account information from other Members
(17). Transaction of Accounts
(18). Using content services, such as games provided by the Company in a speculative manner or in any other unhealthy manner
(19). Top-up POINT through abnormal path
(20). Deceiving others to gain advantage, harming others in connection with the use of the Company's services, infringing on the intellectual property rights or portrait rights of the Company or others, or other illegal or unlawful act
(21). Inducing or advertising the activities referred to in Subparagraphs 1 through 20 above
(22). Violating the current laws, the Terms of Use and operational policies provided by the Company, and other regulations related to the use of Service
② Members are obliged to identify and observe the provisions, operating policies, use guidance, and service announcements of this Terms of Use.
③ Members should work together to ensure smooth Service operation and healthy online community culture.
④ Members should inform the Company about problems such as bugs or system errors or loopholes found during Service use, and should not spread or abuse them to other Members.
⑤ Members are obliged to respond faithfully to the Company’s investigation of whether they use an unauthorized program or macro program.
⑥ Member’s account and management responsibilities for PCs and mobile devices are with the Member. The Company is not responsible for the loss caused by the management of its Member’s account, PCs, mobile devices, and various authentication means, or the acceptance of use to others.
⑦ The Company may delete or temporarily delete relevant posts, restrict the use of the Service, or unilaterally terminate this agreement if the Member conducts any of the acts outlined in Paragraph 1.
⑧ The Company may determine the specific details of Paragraph 1 through 7 and the following activities in its operating policy, and Members shall comply with such specific details:
(1). Names used within the Contents, such as the Account, name of the character, name of the clan, and others
(2). Details and methods of chatting
(3). The use of boards and the method of using Services
(4). Restrictions on the method of using Services
(5). Other matters deemed necessary for the operation of the Services to the extent that the Company does not infringe on the essential rights of its Members to use the Services
Article 12. Ownership Rights
① Copyright and other intellectual property rights in the Service and the Content shall belong to the Company.
② The Company grants to the Members only the right to use the Services in accordance with the terms and conditions set by the Company in connection with the Service, and the Member cannot conduct any disposition such as transfer, sales, rental, providing any collateral, or performing any other disposal activities.
③ When the Service contract is terminated, the Member shall immediately delete or return the contents referred to in Paragraph 1 such as the game client.
④ Members allow the Company to use communication, images, sounds, and all data and information (hereinafter referred to as “user content”) including conversational texts that are shown within the Service or that Members or other Members upload or transmit through the Service in relation to the Service, with the following methods and conditions:
(1). Use, change of editing format and other variations of the user content (available in any form, such as publication, replication, performance, transmission, distribution, broadcasting, and writing of secondary works without restrictions in terms of duration and region)
(2). No sale, rental, or transfer of user content for the purpose of trading without prior consent of the Member who has produced the user content
⑤ For the user content of the Member that is not shown in the game and is not integrated with the game service (for example, posts on the general board, etc.), the Company does not use it without the explicit consent of the Member, and the Member can delete these user content at any time.
⑥ If the Company determines that if the posts and contents within the game service posted or registered by the Member are prohibited by Article 11, the Company may delete them without prior notice, or refuse to move or register them.
⑦ Members whose legal interests are infringed by information posted on boards operated by the Company may request the Company to delete the information or to publish the contents of the refutation. In this case, the Company takes necessary measures quickly and notifies the applicant.
⑧ This Section is valid while the Company operates the game service and continues to apply after the Member unsubscription.
Article 13. Personal Information Protection and Collection
The Company has prepared the following Privacy Policy to record information related to the collection, use and sharing of personal information.
https://gcdn.pcpf.kakaogames.com/static/policy/privacy-policy/dysterra/en/2022-07-20.html
The Privacy Policy allows you to determine your personal information and the purposes for which it is used.
Article 14. Modification of Service
① The Company may change the Contents, and operational or technical matters of the Service in order to provide a stable Service.
② The Company shall notify Members of the characteristics, procedures, and methods for each Service according to the type of service via the Service screen, and the Member shall understand the matters related to each Service announced by the Company and use the Service.
Article 15. Maintenance and Suspension of Service
① The use of the Service is available 24/7 in principle, unless there is a special obstacle inhibiting Company business or technology. However, this shall not be the case on the date and time set by the Company due to the necessity for Service check.
② The Company may divide the Services into a certain range so that the available time for each range can be set separately. In this case, such details will be announced in advance.
③ The Company may limit or suspended all or any part of the Services without prior notice in the following cases:
(1). In necessary cases due to failure, repair, replacement, inspection, etc. of equipment for Service
(2). In necessary case to cope with electronic infringement accidents, such as hacking, communication accidents, abnormal use of Services by Members, and unforeseen instability of Service
(3). In case a common telecommunications business operator under the Telecommunications Business Act terminates telecommunication services
(4). In case the financial institution of the Company or Member’s financial institution has a failure
(5). In the case of the stopping to a service provided by a third-party, such as a partner that provides a service that is not provided directly by the Company
(6). Force majeure
④ The Company may limit or suspend all or part of the Service in case of any disruption in the normal use of the service due to national emergency, power failure, failure of the service facility, or excessive use of the service.
⑤ The Company is not responsible for any damage to its Members in connection with the use of free services provided by the Company. However, the damage caused by intentional or gross negligence of the Company is excluded.
⑥ If the paid content service provided by the Company is suspended or disabled for at least 4 hours a day due to the Company without prior notice, the Company shall extend the service time equivalent to three times the service suspension disability time free of charge only for the fixed-term paid content service (such as fixed amount use right, fixed term use right, etc.) and the Member shall not claim any additional damages against the Company.
⑦ The Company may discontinue all Services for each Service if it is no longer possible to maintain them, due to relevant business reasons such a s business transfer, division, merger, etc., expired agreement with partners, or significant profit deterioration of the service. In this case, Members shall be notified with the suspension date, reason for suspension, and how to transfer their digital assets by thirty (30) days before the suspension unless there are other unavoidable reasons.
⑧ If the Service is terminated pursuant to the preceding Paragraph, the Member may not claim damages for the free service and the paid content service that do not have a period of use, continuous paid use contracts, and fixed term paid items.
⑨ The use period of paid content services purchased by Members is either a year from the date purchase or the date of voluntary withdrawal of Members, whichever is less in principle. However, if the period of use is set separately when purchasing paid content services, the period of use of the paid content service shall be deemed either the expiration date or the date of voluntary withdrawal of the Member, whichever is less. And in the event of a service interruption under Subsection 7 of this section, the period of use of the paid content service, which is not fixed, shall be until either the date of discontinuation of the service announced at the time of discontinuation of the Service or the date of voluntary withdrawal of the Member, whichever is less.
⑩ For Services that are downloaded and installed via mobile applications or networks, they are provided to suit the characteristics of mobile devices or mobile carriers. Changes to mobile devices or phone number or for overseas roaming may be unavailable in all or in part, and in this case the Company is not liable.
⑪ Background operations can be carried out for Services that are downloaded and installed through mobile applications or networks. In this case, additional charges may be incurred based on the characteristics of the mobile device or mobile carriers and in this case, the Company is not liable.
⑫ The Company may request Members to install the computer program that the Company provides if it is necessary for providing the Service. The Company shall undergo the procedures under Article 21 (1) 7 of the Consumer Protection Act in Electronic Commerce, etc. until the Member installs the program. However, if the Member has set up a browser option to automatically install the Active X program, the Company may consider that the Member has agreed to install the Active X program and install the program without any further confirmation.
⑬ If the Company patches or updates the program to the extent that it does not significantly change the content notified in the previous Paragraph, the Company may omit important notices and consents.
⑭ The Company can use the technology to relay data between members for smooth transmission of data when installing or updating computer programs. Members agree to relay data to other Members through PC resources (such as storage, network equipment) or to receive relay transmissions by themselves.
Article 16. Collection of Information, etc.
① The Company can save and store all communication between Members within the game service, such as chatting, in-game messages. In this case, the Company may only view this information if it is authorized under the statute, only if it is intended to coordinate disputes among Members, handle complaints, maintain game order, or improve game services. In order to protect the rights and interests of Members and to maintain order in the Service, the Company may establish separate service operational policies. If the Company or a third-party accesses chat information, the Company notifies the relevant Member of the reasons and scope of the access in accordance with the relevant statutes.
② The Company can collect and utilize terminal setting and specification information such as Member PC, program information in operation, mobile device information of Member (settings, specification, operating system, version, etc.) for smooth and stable operation of service and improvement of service quality. Members must check and observe the service operational policy set by the Company.
Article 17. Restriction on Use
① The Company may limit the Service use and login of Members in accordance with the following criteria:
(1). In the case of consecutive password errors
(2). In the event of hacking or fraud incident
(3). In the case of suspected identity theft
(4). In the case of impersonating a Company employee
(5). In the case a government agency requests restriction of services in accordance with related laws
(6). In the case of involvement or reasonable suspicion of involvement in criminal activity
(7). In the case that there is a request to unsubscribe the Service
(8). In the case of suspicion that the name of the actual Member does not match the name of the Member as entered, such as if the Member allows a third-party to use the account or rents the account
(9). In the case of breach of this Terms of Use or service operational policy
(10). Other cases where the administrator determines that serious disruption is being caused to normal service provision
② Within the scope of the use restriction under this Section, the conditions and details of the restrictions, such as specific reasons and procedures for which the use restriction is made, taking into account the details, extent, frequency, and results of the violation, shall be subject to the requirements of the Company such as operational policies and guidance thereof.
③ To improve Services and protect Member information, the Company can delete game content information, such as characters from accounts that have not used content services for a certain period of time, which is separately notified in the operating policy. However, the Company must notify the Member 30 days before deletion.
④ The Member shall return all POINT and paid items charged by the following methods: If it is not possible to return the entire amount due to partial use, consumption, or transfer, the Company may withdraw the POINT held by the Member and restrict the Member's use of the game or trade, such as in-game items, game money, etc. of the Member's account until all the payment is returned. If the current POINT is less than the POINT that needs to be recovered, the Company may apply this paragraph to other accounts under the name of the Member.
(1). Abusing a program's bug or using an illegal program
(2). In case of payment theft, identity theft, fraud, etc.
(3). In case of violation of other relevant statutes
⑤ In the event that the use of the Service is restricted, or the agreement is terminated pursuant to this Article, the following shall be communicated to the Member in advance. However, if it is necessary to take urgent action, it may be communicated later.
(1). Reason for the restriction on use
(2). Type and duration of the restriction on use
(3). How to file an appeal against the restriction on use
⑥ When the restriction on use of the Company is justified, the Company does not compensate for the damage the Member suffered due to the use restriction.
⑦ Members may file an appeal against the restriction on use in accordance with this Article through the customer support. In such case, if the Company admits that the objection is justified, the Company will resume use of the Service immediately.
Article 18. Termination of Service Agreement
① If a Member intends to terminate a service agreement, he/she may at any time submit a request to unsubscribe to Account Management or customer center according to the procedures set by the Company. In case of unsubscribing, the processing of personal information is subject to the Company’s Privacy Policy.
② The Company may restrict the use of the Service and request corrective actions in the event of any of the following. If it is not corrected within a reasonable period despite the request for corrective action, or if the same violation is repeated more than once, the service agreement may be terminated.
(1). In the case of Member Obligations set forth in Article 11 of this Term and reason for Restriction on Use set forth in Article 17
(2). In case of violation of related laws, such as providing illegal programs in violation of copyright law or interfering with operation, illegal communication or hacking violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., deployment of malicious programs, or exceeding access rights
(3). In case of committing or attempting acts that interfere with the smooth progress of the services provided by the Company
(4). Other cases where there are reasons like those listed above such that this agreement cannot be maintained
③ The Company may destroy the personal information of an Account without service use for more than one(1) year, and terminate the service agreement or manage the personal information of the account separately from that of other Members, and restrict the use of the Service in order to protect the personal information of the Member and to prevent account theft.
④ Upon termination, all benefits acquired by using the Service will be terminated and the Company will not compensate for them.
⑤ In case of termination of the service agreement pursuant to this Article, the Company shall notify the Member in the manner pursuant to Article 2.
⑥ When the termination of the service agreement is completed, all information will be deleted, except for the information that the Company must retain in accordance with the related laws and its Privacy Policy.
Article 19. Notification to Members
① The Company may notify its Members via an email address which they provide, messages in the Service, text messages (LMS/SMS), etc. unless there is a separate regulation in this Terms.
② In case of notification to all Members, the Company may substitute for the notification in the preceding Paragraph by publishing on a board in the Service for seven (7) days or more.
Article 20. Payment, etc.
① The price of paid content shall be the price displayed in the store on the service. However, the estimated payment amount at the moment of purchase and the actual payment amount may differ due to the exchange rate and the fee at the time of payment.
② Members shall pay the payment amount in accordance with the policies and methods set by the Partners.
③ Payment methods and limits may be adjusted according to the Company and Partner policies and government policies.
④ If the Company has overpaid payment related to paid content service, the Company must refund the full amount of overpaid payment in the same way as the payment of the usage price. However, if the refund is not possible in the same way, the Company shall notify it in advance.
⑤ If the Company has overpaid due to the Company’s responsible reason, the Company refunds the full overpaid amount regardless of contract cost or commission. However, if the Member is responsible for the overpayment, the Member must bear the cost of refunding the overpayment within a reasonable range.
⑥ For Members who have paid through platform operators such as Steam, etc. or open market operators, refunds of paid content services and overpayments will be made according to the refund policy of the platform operator(Steam, etc.) or open market operator.
Article 21. POINT Top-up and Use
① POINT can be Topped-up within the payment methods and limits that the Company has previously announced.
② Unless otherwise specified in this section, the remaining POINT will automatically expire if 60 months have elapsed from the date of POINT Top-up, based on the prescription of Article 64 of the Commercial Act of Korea.
③ Interest revenues for unused POINT do not occur.
④ The Company may not approve the POINT Top-up or cancel the approval afterwards if the Company determines that it is impossible to approve payment for Topping-up the POINT due to reasons attributable to the Member or if:
(1). The payment of the fee cannot be completed normally
(2). A minor has applied for a Top-up without the consent of a legal representative under the Civil Code
(3). The payment is made by stealing the name of another person
(4). Approval is deemed inappropriate due to any reason equivalent to Subparagraphs ① through ③
⑤ The Company may reserve approval for the POINT Top-up of the Member if any of following reasons arise:
(1). It is judged that it is difficult to provide satisfactory service due to lack of service facilities
(2). A Service failure occurs
⑥ Members cannot transfer, rent or sell the POINT they purchased to other Members.
⑦ Members can check the POINT Top-up history from time to time through the POINT Top-up history page.
Article 22. Withdrawal, etc.
① Paid contents purchased by Members are divided into contents that can be withdrawn and contents that cannot be withdrawn. For contents that can be withdrawn, it can be withdrawn within 7 days of purchase. Withdrawal is restricted to content that has passed this period or falls under any of the following subparagraphs, etc. Even in the case of a Member's voluntary withdrawal of service, the Member must express his/her intention to withdraw the service within the above period separately from the intention to withdraw.
(1). In case the goods are lost or damaged due to reasons attributable to the Member
(2). In case the Member uses or partially consumes the goods
(a). Paid content that is used or applied immediately after purchase
(b). Content in which additional benefits are used or part of content is used in content with additional benefits or bundled sales content
(c). In case there is an act of opening content that can be viewed as use or the utility of which is determined upon opening.
(3). When the provision of content has been initiated
② In accordance with subparagraphs 2 through 3 of the preceding paragraph, the Company shall take measures to prevent the exercise of rights such as withdrawal of subscription by packaging goods or providing free content that can be clearly displayed or tested in a place easily recognized by Members. However, if a Member is unable to withdraw his/her subscription pursuant to subparagraph 3 of the preceding paragraph, the exercise of rights such as withdrawal of subscription shall not be hindered by indicating that it is impossible to withdraw subscription and providing trial products. If the Company does not take such measures, the Member may withdraw the subscription notwithstanding the reasons for the restriction on withdrawal of subscription in Paragraph 2, No. 2 or 3.
③ Notwithstanding the provisions of paragraphs 1 through 2, if the contents of paid content service are different from the contents of display or advertisement, the Member may withdraw the subscription within three months from the date of purchase or the date of availability of paid content service, or within 30 days from the date of knowledge.
④ Content that the Member did not purchase directly, such as content provided free of charge to Members from the Company(including paid and free content) and paid content received as a gift, is not subject to withdrawal.
⑤ When a Member who paid through a platform operator such as Steam or open market operator withdraws, the Company checks the purchase details through the relevant platform operator or open market operator. In addition, the Company may contact the Member through the information provided by the Member in order to confirm the Member's justifiable reason for withdrawal, and may request additional evidence.
Article 23. Refund
① Refunds are based on the same payment method used for the initial purchase, and members can apply for conversion to POINT for paid content purchased with POINT as follows.
(1). Fixed-term content: After deducting the [[time of use (unit: hours) * hourly fee] or [days of use * 1 day usage fee]] from the price of fixed-term items, it will be converted into POINT. (However, conversion is not applied for paid content purchased with free POINT.)
(2). Additional services: Due to the nature of the product that is used up once purchased and applied, it is converted to POINT only when additional services are not used.
(3). Other paid contents such as game items: POINT is converted only when withdrawal is possible.
② Even if it is impossible to withdraw the POINT, the Member may request a refund for the POINT balance if there is a POINT that has not expired pursuant to Article 21-②. If a member requests a refund of the remaining amount of POINT charged through his account, he can receive a refund according to the due process. However, the POINT that the member received free of charge cannot be refunded.
③ For refunds, a 10% refund fee (1,000 KRW if the balance is less than 10,000 KRW) will be deducted from the POINT balance and the remaining amount will be refunded. However, if the cash balance is less than 1,000 KRW, you cannot get a refund. However, in the case of a payment method that requires payment confirmation (e.g., mobile phone payment, etc.), a refund will be processed within 3 business days from the date of payment confirmation.
④ If there is a reason attributable to the Company, the refund fee is not deducted.
⑤ If the the content purchased using POINT is withdrawn, the Member shall return or delete the content, and the Company shall refund the payment within three business days from the date of receipt of the paid content. In this case, when the Company delays the refund, the delayed interest calculated by multiplying the interest rate prescribed by the Consumer Protection Act in e-commerce, etc. shall be paid for the delayed period.
⑥ The company may not refund fees if it restricts the use of accounts and IDs of members deemed to have seriously affected game operations, such as personal information protection, resident registration, copyright, game industry promotion, information protection, etc. However, this is not the case if the member clarifies that he/she did not commit a serious illegal act or an act that seriously adversely affects the operation of the game.
⑦ If the contract is terminated due to Member’s reasons such as violation of current laws and conditions, refund may be limited.
⑧ If a Member lives in the EU or the UK, the Member may have certain rights by law regarding withdrawal from certain purchases made online. Please read the following for more information on exercising these rights.
(1). The POINT Top-up does not give rise to the right of withdrawal in accordance with the provisions of Article 16 of European Directive 2011/83/EU of 25 October 2011
(2). This right of withdrawal does not apply if a Member has already started downloading or streaming the content and a Member agreed that the Member would lose his/her right of withdrawal by starting the performance
(3). A Member must notify the Company that he/she wishes to exercise the right of withdrawal by submitting the request with the following information either on our customer support on the website or via email at dysterra@kakaogames.oqupie.com
(a). Member’s name
(b). Member’s residential address, and
(c). Where available, Member’s telephone number, fax number, and email address
(4). In order for the withdrawal period of 14 days to be respected, it is required that a Member must notify the Company the exercise of the right of withdrawal before the expiry of this period. In all cases, the burden of proof for this exercise rests with the Member
(5). The Company will proceed with the refund using the same method of payment that a Member used for the original transaction.
Article 24. Limitations of Damages and Liability
① Both the Company the Members are liable for any damages to the other party in violation of this Terms of Use. However, this shall not apply if there is no intention or negligence of the actor.
② If the Company receives a claim for damages or a lawsuit, including a lawsuit, from a third party other than the relevant Member, due to an illegal act committed by a Member in using the service or an act of violating this clause, the Member shall exempt the Company at his/her own responsibility and expenses, and if the Company is not exempted, the Member shall compensate the Company for the damage caused by the Member. However, the Company is responsible for damages which the Company causes.
③ The Company is not liable for any damages incurred in relation to Services provided for free, except in cases of damages caused by intentional or gross negligence of the Company.
④ If the Company brokers the services provided by other operators, the obligations and responsibilities associated with the service are to the individual service providers, and the Company does not take responsibility in principle for the damages caused by them. However, the Company may bear responsibility under the relevant laws and regulations.
⑤ The damage caused by the Partners shall be governed in accordance with the terms of the partners, and it shall be the principle to resolve any disputes between the Partners and the Members accordingly.
⑥ The Company is not obliged to intervene in a dispute between Members or between Members and third parties through Service and is not responsible for damages caused by it.
⑦ The Company may limit service hours for each Service or Member in accordance with relevant statutes, government policies, etc., and shall not be liable for such restrictions.
⑧ If Members are unable to use all or some of the Content because of changes to mobile devices, changes to mobile numbers, changes to operating system (OS) versions, overseas roaming, and carrier changes, the Company is not responsible for this. However, this shall not apply in cases of intentional or gross negligence of the Company.
⑨ If a Member deletes the content or account information provided by the Company, the Company is not liable for such information. However, this shall not apply in cases of intentional or gross negligence of the Company.
⑩ The Company shall not be liable for any damages to the Member caused by any of the following reasons, if the Company proves that it has taken the necessary precaution as administrator to prevent the loss of the Member.
(1). In case of force majeure such as a war, an incident, natural disasters, technical defects that cannot be solved by current technology, or a national emergency
(2). In case of compliance with government agencies' actual or legal administrative disposition and orders
(3). In case of the service failure of a telecommunication service provider, including a common telecommunications business operator under the Telecommunications Business Act
(4). In case of the service is suspended or a failure occurs due to unavoidable reasons, such as repairing, replacing, regular inspection, construction, etc. of previously announced service facilities
(5). In case of service failure due to fault of the outsourcing system that cannot be managed by the Company or cause of Member's fault
(6). In case of problems caused by Members' computer environments or problems caused by network environments
(7). In case of problems such as information, data, reliability, accuracy, etc. posted or transmitted by Members or third parties within or on the Service or on the website
(8). In case of problems that occur due to the failure or loss of the result of the character, experience value, item, etc. that the Member expects to use the contents service such as the game, or the selection of the contents service such as the game
(9). Losses of grades, items, contents, etc. acquired by Members using the service (excluding those purchased directly through the Company)
(10). In case of a stopping service, disabled use or contract termination caused by the fault of the Member
(11). In case of damages caused by intention or negligence of the Member
Article 25. Governing Law and Jurisdiction
① The laws of the Republic of Korea shall govern this Terms of Use, the Service provided by the Company, and disputes between the Company and the Member.
② If any dispute arises in connection with this Terms of Use or the Services provided by the Company between the Company and the Members, the Company shall negotiate in good faith to resolve the dispute. Nevertheless, if not resolved, the dispute shall be resolved in accordance with the procedures stipulated in the Civil Procedure Act in the Republic of Korea.
③ For the EU users, in the event of a dispute relating to the interpretation, the performance or the validity of the Agreement, an amicable solution can be sought before any legal action. You can file your complaint by sending a message via email to dysterra@kakaogames.oqupie.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution (ODR) website:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
The EU ODR is no longer available to those within the UK and any such disputes should be raised to us as soon as possible.
④ California residents may send a message to dysterra@kakaogames.oqupie.com or send a letter to 400 “R” Street, Sacramento, California 95814 (the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs) or contact the Company by phone at 1-916-445-1254 / 1-800-952-5210 if they have a complaint.
Last Modified : October 23, 2022
Article 1. Purpose
The purpose of this Terms of Use is to define the rights, obligations, responsibilities and other necessary matters of Kakao Games Corp.(hereinafter referred to as the Company) and its Members regarding the use of Dysterra and Dysterra related services (hereinafter referred to as the Service) provided by the Company.
Article 2. Specification, Effect and Modification of Terms of Use
① The contents of this Terms of Use shall be effective after being posted on the initial screen of the website for individual Services of services provided by the Company or otherwise notifying Members and shall enter into force between the Company and Members that have consented hereto.
② If necessary, the Company may change this Terms of Use within the scope not contravening the relevant laws and regulations.
③ In the event that the Company revises this Terms of Use, the amended contents shall be announced or notified by the Company at least seven (7) days prior to the effective date; or for thirty (30) days prior to the effective date if the foregoing modification is unavoidably operates to Members’ disadvantage. Amendments shall be notified to the Members’ registered email address or notified to the Members through the service notice page. The Company shall not be held responsible unless there is intentional or serious negligence of the Company. However, if there is an unavoidable need to change such as bugs,error fixes, or emergency update, if it is not a major change, or if there are unavoidable circumstances such as a server device defect or emergency security problem, the notice may be posted afterwards.
④ Unless Members explicitly refuse to accept the aforementioned modification until the day before the effective date, the Company shall presume your consent thereto.
⑤ If the Member does not agree with the amended Terms of Use the Member may express his/her intention to refuse up until the day before the effective date and terminate the Terms of Use.
Article 3. Additional Terms
① Any matters that are not prescribed in this Terms of Use shall be subject to the relevant laws and regulations or provisions of various operational policies publicly notified to Members by the Company, including, but not limited to, Terms of Use of individual Services, and Operation Policies on Service set forth by the Company.
② For the protection of the rights and interests of Members and setting the necessary regulations for applying this clause, the Company may set delegated matters which are set as the specific scope of the Terms of Use as the operating policies for each Service, and post them on the connection screen or on the Service website so that Members can know the contents of the operating policies.
③ Where the operating policy is amended, it shall be followed by the procedure under Article 2-③. However, if the amendment of the operating policy is corresponded to any of the following cases, it shall be publicly notified in advance by the method of the previous Paragraph:
(1). Where the delegated matters which are set as the specific scope of the Terms of Use is amended
(2). Where the Company or Partners amend matters not related to the obligation of Member’s rights
(3). Where the contents of the operating policy are not fundamentally different from those prescribed in the Terms of Use, and the operational policy is revised within the Member’s predictable scope
Article 4. Definition of Terms
The Terms herein shall be defined as follows:
① “Service” refers to any service that a Member can use regardless of the terminal (including various wired and wireless devices such as PC and portable terminal).
② “Member” refers to a person who agreed to this Terms of Use and uses the Services provided by the Company.
③ “Account (Email)” refers to an email address with a combination of letters, numbers and special characters set by the Member and approved by the Company for identification of the Member and for use of the Services after the Member agrees to this Terms of Use and the Privacy Policy.
④ “Password” refers to a combination of letters, numbers and special characters set by the Member to confirm that the person who uses the Account is indeed the Member who agreed this Terms of Use, and to protect the personal information of the Member.
⑤ “Nickname” refers to a unique name (a combination of letters and numbers) collected by the Company of a Member who has agreed to this Terms of Use and the Privacy Policy to use the Services.
⑥ “POINT” refers to virtual data used to use, or purchase game services provided by the Company, which means that Members pay and purchase money. However, the Company can provide POINT at free of charge (hereinafter referred to as 'free POINT') to the Members through event, survey participation, coupon, etc.
⑦ “Top-up” refers to a Member pays the Company and purchase POINT.
⑧ “Content” refers to information or material in online digital formats such as symbols, letters, figures, colors, voices, sounds, images, videos, etc., provided by the Company to Members. Digital Asset is not considered as the Content.
Article 5. Conclusion of Service Agreement
① A person who wants to become a Member shall agree to the Terms of Use provided by the Company and apply for membership in accordance with the procedures prescribed by the Company. This Terms of Use is concluded as soon as the Company accepts the application.
② An applicant shall enter actual information in accordance with relevant statutes when applying for membership, and if a person falsely states the name or identification information of steals the name of another person, the person may not claim the rights of the Member under this Terms of Use, and the Company may cancel or terminate the contract without refund. And the Company may not accept the application of the applicant for the following reasons. Even after sign-up, the Company may cancel the acceptance or terminate the agreement for the following reasons:
(1). If the Company has deleted the applicant’s Account according to this Terms of Use
(2). If the applicant has provided false or misleading information or has not provided the content requested by the Company
(3). If the applicant has attempted to create an Account using personal information of others such as an other’s email address
(4). If the applicant intends to use the Service in an abnormal or detour way in a country where the Company has not provided the Service
(5). If the applicant intends to use the Service for fraudulent purposes or for commercial purposes not permitted by the Company
(6). If the applicant is in violation of other related laws or regulations set by the Company
③ The Company may reserve the Account creation in the following cases:
(1). In case that there is either no availability in the Company’s facilities or technical hurdles
(2). In case that it is judged that there is a technical issue detected in providing the Services
(3). Other financial or technical cases where the Company deems it necessary to hold
Article 6. Provision of Company Information, etc.
Kakao Games posts the following information on Dysterra title screen or Dysterra Official website so that Members can easily access them. However, the Privacy Policy and Terms of Use can be shown to Members through the connection screen.
① Company and representative’s name
② Address of the business office (including the address where Member complaints can be handled) and email address
③ Phone number, fax number
④ Business registration number, Mail-order business report number
⑤ Privacy Policy
⑥ Terms of Use
Article 7. Modification of Member Information
① A Member may view and modify his/her personal information through the Service at any time. However, modification of some information required for Service management may be limited.
② Members must notify the Company of any changes made to the information entered at the time of signing up directly via the modification in Services or via the customer center.
③ The Company shall not be liable for the disadvantages caused by a Member not informing the Company of the changes as outlined in Paragraph 2.
Article 8. Managing Member Information
① The Company may limit the use of a Nickname if the Nickname has an associated risk of personal information leakage, if it has the possibility of being mistaken as the Nickname of another person who is not the Member, if it is anti-social or commits a moral violation, if it violates the rights of a third-party, or it if has the possibility of being mistaken as the Company or the Company operator. In addition, the Company may also otherwise restrict the use of the Nickname if the Company deems it necessary by reasonable judgment.
② Members are fully responsible for the management of their Account and Password. The Members are responsible for all the consequences resulting from negligent management of the Account and Password they receive, fraudulent use, and acceptance of the use of the account by a third-party, and the Company shall not be liable for it. However, this shall not apply in cases where the consequences are the result of the intention or gross negligence of the Company.
③ Members are responsible for keeping all information required for accessing the account secure, including Password, to prevent unauthorized third parties from unauthorized access to their account. Members must change their Passwords regularly.
④ The Members shall notify the Company immediately if they lose access information to their account or recognize that it has been stolen or disclosed to a third-party. The Company may immediately take measures to suspend the use of the account.
⑤ The Company is not responsible for the disadvantages caused by the Member of Paragraph 4 who is not notifying the Company or who did not follow the Company’s guidance even if the Member notified the Company of the fact.
Article 9. Privacy Protection
① The Company strives to protect the personal information of its Members as stipulated by related laws such as the Personal Information Protection Act and the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. This also includes other laws such as the European GDPR and UK laws on data protection. The protection and use of personal information are subject to the related laws and the Company’s Privacy Policy.
② Except for the individual Services provided as part of the Services, the Company’s Privacy Policy does not apply to services provided by third parties that are simply linked to the Services.
③ The Member must manage his/her personal information in good faith for the use of the Service and make any necessary personal information changes. Members are responsible for damages caused by delays or omissions of personal information changes. The Company shall not be liable for any information, including the Members’ membership information, exposed due to the fault of the Members.
Article 10. Company Obligations
① The Company shall not engage in acts prohibited by the related laws and this agreement, or that are socially unacceptable, and shall do its best to provide the Service continuously and stably.
② The Company shall have a security system to protect the Member’s personal information (including credit information) so that the Member can use the Service safely and shall disclose and comply with its Privacy Policy. The Company shall not disclose or provide any personal information of any Members to any third-party excepts as provided in this Terms of Use and the Privacy Policy.
③ The Company shall deal with any suggestions or complaints from Members regarding the use of the Service if it is found to be justified. For suggestions or complaints submitted by Members, the process and results shall be notified to the Members via board or email.
④ In the event of a failure of equipment or loss of data or damage during the course of Service improvement to provide continuous and stable service, the Company shall make every effort to repair or restore it without delay, unless there are unavoidable reasons such as natural disasters, emergencies, defects or obstacles that cannot be resolved by current technologies.
Article 11. Member Obligations
① Members shall not commit the following acts:
(1). Stealing another person’s information
(2). Impersonating an employee or a staff or other related person of the Company
(3). Changing information posted by the Company
(4). Transmission of or posting information (computer programs, etc.) other than information set by the Company
(5). Infringing Company’s intellectual property rights or those of a third-party, including copyrights
(6). Defaming or slandering or causing business obstruction of the Company or a third-party
(7). Disclosing or posting obscene or violent messages, images, recordings, false facts, or other socially unacceptable information while using the service
(8). Using the Service for purposes other than the original purpose of providing Services, such as commercial, business, advertisement, public relations, political activities, and campaigning purposes without the Company’s prior consent
(9). Disposing (transfer, sale, etc.) content data such as game data (Accounts, characters, game items, etc.) for value or donating the data or using the data as objects of rights (providing security, lending, etc.) through services not provided by a Company or abnormal methods
(10). Stealing other people’s information (personal information, payment information, etc.) such as the purchase of paid contents by stealing other people’s credit cards, telephone numbers, bank accounts, etc., or the fraudulent use of other Members’ Accounts and Passwords
(11). Unauthorized reproduction, distribution, manipulation, commercial use of information obtained from the Service of the Company, or exploitation of system errors, such as known or unknown bugs, to use the Service
(12). Manufacturing, distributing, using, or advertising computer programs or devices that the Company has not provided or approved
(13). Using information (computer programs) prohibited from transmitting or posting under statutes or intentionally transmitting or posting or distributing or using viruses, computer codes, files, programs, etc. designed to interfere with, destroy, or destroy the normal operation of computer software, hardware, or telecommunications equipment
(14). Accessing the Service via automated means such as Agent, Script, Spider, Spyware, Toolbar, or other fraudulent means without the Company’s prior consent, creating or increasing the number of exposures and clicks illegally, requesting use of the Service, or causing a load on the Company’s server
(15). Changing Services without special rights from the Company, adding other programs to the Service, designing a server for hacking/reverse engineering, changing or leaking source codes or data, building a separate server, or arbitrarily changing a portion of the website
(16). Collecting, storing, posting, or disseminating personal and account information from other Members
(17). Transaction of Accounts
(18). Using content services, such as games provided by the Company in a speculative manner or in any other unhealthy manner
(19). Top-up POINT through abnormal path
(20). Deceiving others to gain advantage, harming others in connection with the use of the Company's services, infringing on the intellectual property rights or portrait rights of the Company or others, or other illegal or unlawful act
(21). Inducing or advertising the activities referred to in Subparagraphs 1 through 20 above
(22). Violating the current laws, the Terms of Use and operational policies provided by the Company, and other regulations related to the use of Service
② Members are obliged to identify and observe the provisions, operating policies, use guidance, and service announcements of this Terms of Use.
③ Members should work together to ensure smooth Service operation and healthy online community culture.
④ Members should inform the Company about problems such as bugs or system errors or loopholes found during Service use, and should not spread or abuse them to other Members.
⑤ Members are obliged to respond faithfully to the Company’s investigation of whether they use an unauthorized program or macro program.
⑥ Member’s account and management responsibilities for PCs and mobile devices are with the Member. The Company is not responsible for the loss caused by the management of its Member’s account, PCs, mobile devices, and various authentication means, or the acceptance of use to others.
⑦ The Company may delete or temporarily delete relevant posts, restrict the use of the Service, or unilaterally terminate this agreement if the Member conducts any of the acts outlined in Paragraph 1.
⑧ The Company may determine the specific details of Paragraph 1 through 7 and the following activities in its operating policy, and Members shall comply with such specific details:
(1). Names used within the Contents, such as the Account, name of the character, name of the clan, and others
(2). Details and methods of chatting
(3). The use of boards and the method of using Services
(4). Restrictions on the method of using Services
(5). Other matters deemed necessary for the operation of the Services to the extent that the Company does not infringe on the essential rights of its Members to use the Services
Article 12. Ownership Rights
① Copyright and other intellectual property rights in the Service and the Content shall belong to the Company.
② The Company grants to the Members only the right to use the Services in accordance with the terms and conditions set by the Company in connection with the Service, and the Member cannot conduct any disposition such as transfer, sales, rental, providing any collateral, or performing any other disposal activities.
③ When the Service contract is terminated, the Member shall immediately delete or return the contents referred to in Paragraph 1 such as the game client.
④ Members allow the Company to use communication, images, sounds, and all data and information (hereinafter referred to as “user content”) including conversational texts that are shown within the Service or that Members or other Members upload or transmit through the Service in relation to the Service, with the following methods and conditions:
(1). Use, change of editing format and other variations of the user content (available in any form, such as publication, replication, performance, transmission, distribution, broadcasting, and writing of secondary works without restrictions in terms of duration and region)
(2). No sale, rental, or transfer of user content for the purpose of trading without prior consent of the Member who has produced the user content
⑤ For the user content of the Member that is not shown in the game and is not integrated with the game service (for example, posts on the general board, etc.), the Company does not use it without the explicit consent of the Member, and the Member can delete these user content at any time.
⑥ If the Company determines that if the posts and contents within the game service posted or registered by the Member are prohibited by Article 11, the Company may delete them without prior notice, or refuse to move or register them.
⑦ Members whose legal interests are infringed by information posted on boards operated by the Company may request the Company to delete the information or to publish the contents of the refutation. In this case, the Company takes necessary measures quickly and notifies the applicant.
⑧ This Section is valid while the Company operates the game service and continues to apply after the Member unsubscription.
Article 13. Personal Information Protection and Collection
The Company has prepared the following Privacy Policy to record information related to the collection, use and sharing of personal information.
https://gcdn.pcpf.kakaogames.com/static/policy/privacy-policy/dysterra/en/2022-07-20.html
The Privacy Policy allows you to determine your personal information and the purposes for which it is used.
Article 14. Modification of Service
① The Company may change the Contents, and operational or technical matters of the Service in order to provide a stable Service.
② The Company shall notify Members of the characteristics, procedures, and methods for each Service according to the type of service via the Service screen, and the Member shall understand the matters related to each Service announced by the Company and use the Service.
Article 15. Maintenance and Suspension of Service
① The use of the Service is available 24/7 in principle, unless there is a special obstacle inhibiting Company business or technology. However, this shall not be the case on the date and time set by the Company due to the necessity for Service check.
② The Company may divide the Services into a certain range so that the available time for each range can be set separately. In this case, such details will be announced in advance.
③ The Company may limit or suspended all or any part of the Services without prior notice in the following cases:
(1). In necessary cases due to failure, repair, replacement, inspection, etc. of equipment for Service
(2). In necessary case to cope with electronic infringement accidents, such as hacking, communication accidents, abnormal use of Services by Members, and unforeseen instability of Service
(3). In case a common telecommunications business operator under the Telecommunications Business Act terminates telecommunication services
(4). In case the financial institution of the Company or Member’s financial institution has a failure
(5). In the case of the stopping to a service provided by a third-party, such as a partner that provides a service that is not provided directly by the Company
(6). Force majeure
④ The Company may limit or suspend all or part of the Service in case of any disruption in the normal use of the service due to national emergency, power failure, failure of the service facility, or excessive use of the service.
⑤ The Company is not responsible for any damage to its Members in connection with the use of free services provided by the Company. However, the damage caused by intentional or gross negligence of the Company is excluded.
⑥ If the paid content service provided by the Company is suspended or disabled for at least 4 hours a day due to the Company without prior notice, the Company shall extend the service time equivalent to three times the service suspension disability time free of charge only for the fixed-term paid content service (such as fixed amount use right, fixed term use right, etc.) and the Member shall not claim any additional damages against the Company.
⑦ The Company may discontinue all Services for each Service if it is no longer possible to maintain them, due to relevant business reasons such a s business transfer, division, merger, etc., expired agreement with partners, or significant profit deterioration of the service. In this case, Members shall be notified with the suspension date, reason for suspension, and how to transfer their digital assets by thirty (30) days before the suspension unless there are other unavoidable reasons.
⑧ If the Service is terminated pursuant to the preceding Paragraph, the Member may not claim damages for the free service and the paid content service that do not have a period of use, continuous paid use contracts, and fixed term paid items.
⑨ The use period of paid content services purchased by Members is either a year from the date purchase or the date of voluntary withdrawal of Members, whichever is less in principle. However, if the period of use is set separately when purchasing paid content services, the period of use of the paid content service shall be deemed either the expiration date or the date of voluntary withdrawal of the Member, whichever is less. And in the event of a service interruption under Subsection 7 of this section, the period of use of the paid content service, which is not fixed, shall be until either the date of discontinuation of the service announced at the time of discontinuation of the Service or the date of voluntary withdrawal of the Member, whichever is less.
⑩ For Services that are downloaded and installed via mobile applications or networks, they are provided to suit the characteristics of mobile devices or mobile carriers. Changes to mobile devices or phone number or for overseas roaming may be unavailable in all or in part, and in this case the Company is not liable.
⑪ Background operations can be carried out for Services that are downloaded and installed through mobile applications or networks. In this case, additional charges may be incurred based on the characteristics of the mobile device or mobile carriers and in this case, the Company is not liable.
⑫ The Company may request Members to install the computer program that the Company provides if it is necessary for providing the Service. The Company shall undergo the procedures under Article 21 (1) 7 of the Consumer Protection Act in Electronic Commerce, etc. until the Member installs the program. However, if the Member has set up a browser option to automatically install the Active X program, the Company may consider that the Member has agreed to install the Active X program and install the program without any further confirmation.
⑬ If the Company patches or updates the program to the extent that it does not significantly change the content notified in the previous Paragraph, the Company may omit important notices and consents.
⑭ The Company can use the technology to relay data between members for smooth transmission of data when installing or updating computer programs. Members agree to relay data to other Members through PC resources (such as storage, network equipment) or to receive relay transmissions by themselves.
Article 16. Collection of Information, etc.
① The Company can save and store all communication between Members within the game service, such as chatting, in-game messages. In this case, the Company may only view this information if it is authorized under the statute, only if it is intended to coordinate disputes among Members, handle complaints, maintain game order, or improve game services. In order to protect the rights and interests of Members and to maintain order in the Service, the Company may establish separate service operational policies. If the Company or a third-party accesses chat information, the Company notifies the relevant Member of the reasons and scope of the access in accordance with the relevant statutes.
② The Company can collect and utilize terminal setting and specification information such as Member PC, program information in operation, mobile device information of Member (settings, specification, operating system, version, etc.) for smooth and stable operation of service and improvement of service quality. Members must check and observe the service operational policy set by the Company.
Article 17. Restriction on Use
① The Company may limit the Service use and login of Members in accordance with the following criteria:
(1). In the case of consecutive password errors
(2). In the event of hacking or fraud incident
(3). In the case of suspected identity theft
(4). In the case of impersonating a Company employee
(5). In the case a government agency requests restriction of services in accordance with related laws
(6). In the case of involvement or reasonable suspicion of involvement in criminal activity
(7). In the case that there is a request to unsubscribe the Service
(8). In the case of suspicion that the name of the actual Member does not match the name of the Member as entered, such as if the Member allows a third-party to use the account or rents the account
(9). In the case of breach of this Terms of Use or service operational policy
(10). Other cases where the administrator determines that serious disruption is being caused to normal service provision
② Within the scope of the use restriction under this Section, the conditions and details of the restrictions, such as specific reasons and procedures for which the use restriction is made, taking into account the details, extent, frequency, and results of the violation, shall be subject to the requirements of the Company such as operational policies and guidance thereof.
③ To improve Services and protect Member information, the Company can delete game content information, such as characters from accounts that have not used content services for a certain period of time, which is separately notified in the operating policy. However, the Company must notify the Member 30 days before deletion.
④ The Member shall return all POINT and paid items charged by the following methods: If it is not possible to return the entire amount due to partial use, consumption, or transfer, the Company may withdraw the POINT held by the Member and restrict the Member's use of the game or trade, such as in-game items, game money, etc. of the Member's account until all the payment is returned. If the current POINT is less than the POINT that needs to be recovered, the Company may apply this paragraph to other accounts under the name of the Member.
(1). Abusing a program's bug or using an illegal program
(2). In case of payment theft, identity theft, fraud, etc.
(3). In case of violation of other relevant statutes
⑤ In the event that the use of the Service is restricted, or the agreement is terminated pursuant to this Article, the following shall be communicated to the Member in advance. However, if it is necessary to take urgent action, it may be communicated later.
(1). Reason for the restriction on use
(2). Type and duration of the restriction on use
(3). How to file an appeal against the restriction on use
⑥ When the restriction on use of the Company is justified, the Company does not compensate for the damage the Member suffered due to the use restriction.
⑦ Members may file an appeal against the restriction on use in accordance with this Article through the customer support. In such case, if the Company admits that the objection is justified, the Company will resume use of the Service immediately.
Article 18. Termination of Service Agreement
① If a Member intends to terminate a service agreement, he/she may at any time submit a request to unsubscribe to Account Management or customer center according to the procedures set by the Company. In case of unsubscribing, the processing of personal information is subject to the Company’s Privacy Policy.
② The Company may restrict the use of the Service and request corrective actions in the event of any of the following. If it is not corrected within a reasonable period despite the request for corrective action, or if the same violation is repeated more than once, the service agreement may be terminated.
(1). In the case of Member Obligations set forth in Article 11 of this Term and reason for Restriction on Use set forth in Article 17
(2). In case of violation of related laws, such as providing illegal programs in violation of copyright law or interfering with operation, illegal communication or hacking violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., deployment of malicious programs, or exceeding access rights
(3). In case of committing or attempting acts that interfere with the smooth progress of the services provided by the Company
(4). Other cases where there are reasons like those listed above such that this agreement cannot be maintained
③ The Company may destroy the personal information of an Account without service use for more than one(1) year, and terminate the service agreement or manage the personal information of the account separately from that of other Members, and restrict the use of the Service in order to protect the personal information of the Member and to prevent account theft.
④ Upon termination, all benefits acquired by using the Service will be terminated and the Company will not compensate for them.
⑤ In case of termination of the service agreement pursuant to this Article, the Company shall notify the Member in the manner pursuant to Article 2.
⑥ When the termination of the service agreement is completed, all information will be deleted, except for the information that the Company must retain in accordance with the related laws and its Privacy Policy.
Article 19. Notification to Members
① The Company may notify its Members via an email address which they provide, messages in the Service, text messages (LMS/SMS), etc. unless there is a separate regulation in this Terms.
② In case of notification to all Members, the Company may substitute for the notification in the preceding Paragraph by publishing on a board in the Service for seven (7) days or more.
Article 20. Payment, etc.
① The price of paid content shall be the price displayed in the store on the service. However, the estimated payment amount at the moment of purchase and the actual payment amount may differ due to the exchange rate and the fee at the time of payment.
② Members shall pay the payment amount in accordance with the policies and methods set by the Partners.
③ Payment methods and limits may be adjusted according to the Company and Partner policies and government policies.
④ If the Company has overpaid payment related to paid content service, the Company must refund the full amount of overpaid payment in the same way as the payment of the usage price. However, if the refund is not possible in the same way, the Company shall notify it in advance.
⑤ If the Company has overpaid due to the Company’s responsible reason, the Company refunds the full overpaid amount regardless of contract cost or commission. However, if the Member is responsible for the overpayment, the Member must bear the cost of refunding the overpayment within a reasonable range.
⑥ For Members who have paid through platform operators such as Steam, etc. or open market operators, refunds of paid content services and overpayments will be made according to the refund policy of the platform operator(Steam, etc.) or open market operator.
Article 21. POINT Top-up and Use
① POINT can be Topped-up within the payment methods and limits that the Company has previously announced.
② Unless otherwise specified in this section, the remaining POINT will automatically expire if 60 months have elapsed from the date of POINT Top-up, based on the prescription of Article 64 of the Commercial Act of Korea.
③ Interest revenues for unused POINT do not occur.
④ The Company may not approve the POINT Top-up or cancel the approval afterwards if the Company determines that it is impossible to approve payment for Topping-up the POINT due to reasons attributable to the Member or if:
(1). The payment of the fee cannot be completed normally
(2). A minor has applied for a Top-up without the consent of a legal representative under the Civil Code
(3). The payment is made by stealing the name of another person
(4). Approval is deemed inappropriate due to any reason equivalent to Subparagraphs ① through ③
⑤ The Company may reserve approval for the POINT Top-up of the Member if any of following reasons arise:
(1). It is judged that it is difficult to provide satisfactory service due to lack of service facilities
(2). A Service failure occurs
⑥ Members cannot transfer, rent or sell the POINT they purchased to other Members.
⑦ Members can check the POINT Top-up history from time to time through the POINT Top-up history page.
Article 22. Withdrawal, etc.
① Paid contents purchased by Members are divided into contents that can be withdrawn and contents that cannot be withdrawn. For contents that can be withdrawn, it can be withdrawn within 7 days of purchase. Withdrawal is restricted to content that has passed this period or falls under any of the following subparagraphs, etc. Even in the case of a Member's voluntary withdrawal of service, the Member must express his/her intention to withdraw the service within the above period separately from the intention to withdraw.
(1). In case the goods are lost or damaged due to reasons attributable to the Member
(2). In case the Member uses or partially consumes the goods
(a). Paid content that is used or applied immediately after purchase
(b). Content in which additional benefits are used or part of content is used in content with additional benefits or bundled sales content
(c). In case there is an act of opening content that can be viewed as use or the utility of which is determined upon opening.
(3). When the provision of content has been initiated
② In accordance with subparagraphs 2 through 3 of the preceding paragraph, the Company shall take measures to prevent the exercise of rights such as withdrawal of subscription by packaging goods or providing free content that can be clearly displayed or tested in a place easily recognized by Members. However, if a Member is unable to withdraw his/her subscription pursuant to subparagraph 3 of the preceding paragraph, the exercise of rights such as withdrawal of subscription shall not be hindered by indicating that it is impossible to withdraw subscription and providing trial products. If the Company does not take such measures, the Member may withdraw the subscription notwithstanding the reasons for the restriction on withdrawal of subscription in Paragraph 2, No. 2 or 3.
③ Notwithstanding the provisions of paragraphs 1 through 2, if the contents of paid content service are different from the contents of display or advertisement, the Member may withdraw the subscription within three months from the date of purchase or the date of availability of paid content service, or within 30 days from the date of knowledge.
④ Content that the Member did not purchase directly, such as content provided free of charge to Members from the Company(including paid and free content) and paid content received as a gift, is not subject to withdrawal.
⑤ When a Member who paid through a platform operator such as Steam or open market operator withdraws, the Company checks the purchase details through the relevant platform operator or open market operator. In addition, the Company may contact the Member through the information provided by the Member in order to confirm the Member's justifiable reason for withdrawal, and may request additional evidence.
Article 23. Refund
① Refunds are based on the same payment method used for the initial purchase, and members can apply for conversion to POINT for paid content purchased with POINT as follows.
(1). Fixed-term content: After deducting the [[time of use (unit: hours) * hourly fee] or [days of use * 1 day usage fee]] from the price of fixed-term items, it will be converted into POINT. (However, conversion is not applied for paid content purchased with free POINT.)
(2). Additional services: Due to the nature of the product that is used up once purchased and applied, it is converted to POINT only when additional services are not used.
(3). Other paid contents such as game items: POINT is converted only when withdrawal is possible.
② Even if it is impossible to withdraw the POINT, the Member may request a refund for the POINT balance if there is a POINT that has not expired pursuant to Article 21-②. If a member requests a refund of the remaining amount of POINT charged through his account, he can receive a refund according to the due process. However, the POINT that the member received free of charge cannot be refunded.
③ For refunds, a 10% refund fee (1,000 KRW if the balance is less than 10,000 KRW) will be deducted from the POINT balance and the remaining amount will be refunded. However, if the cash balance is less than 1,000 KRW, you cannot get a refund. However, in the case of a payment method that requires payment confirmation (e.g., mobile phone payment, etc.), a refund will be processed within 3 business days from the date of payment confirmation.
④ If there is a reason attributable to the Company, the refund fee is not deducted.
⑤ If the the content purchased using POINT is withdrawn, the Member shall return or delete the content, and the Company shall refund the payment within three business days from the date of receipt of the paid content. In this case, when the Company delays the refund, the delayed interest calculated by multiplying the interest rate prescribed by the Consumer Protection Act in e-commerce, etc. shall be paid for the delayed period.
⑥ The company may not refund fees if it restricts the use of accounts and IDs of members deemed to have seriously affected game operations, such as personal information protection, resident registration, copyright, game industry promotion, information protection, etc. However, this is not the case if the member clarifies that he/she did not commit a serious illegal act or an act that seriously adversely affects the operation of the game.
⑦ If the contract is terminated due to Member’s reasons such as violation of current laws and conditions, refund may be limited.
⑧ If a Member lives in the EU or the UK, the Member may have certain rights by law regarding withdrawal from certain purchases made online. Please read the following for more information on exercising these rights.
(1). The POINT Top-up does not give rise to the right of withdrawal in accordance with the provisions of Article 16 of European Directive 2011/83/EU of 25 October 2011
(2). This right of withdrawal does not apply if a Member has already started downloading or streaming the content and a Member agreed that the Member would lose his/her right of withdrawal by starting the performance
(3). A Member must notify the Company that he/she wishes to exercise the right of withdrawal by submitting the request with the following information either on our customer support on the website or via email at dysterra@kakaogames.oqupie.com
(a). Member’s name
(b). Member’s residential address, and
(c). Where available, Member’s telephone number, fax number, and email address
(4). In order for the withdrawal period of 14 days to be respected, it is required that a Member must notify the Company the exercise of the right of withdrawal before the expiry of this period. In all cases, the burden of proof for this exercise rests with the Member
(5). The Company will proceed with the refund using the same method of payment that a Member used for the original transaction.
Article 24. Limitations of Damages and Liability
① Both the Company the Members are liable for any damages to the other party in violation of this Terms of Use. However, this shall not apply if there is no intention or negligence of the actor.
② If the Company receives a claim for damages or a lawsuit, including a lawsuit, from a third party other than the relevant Member, due to an illegal act committed by a Member in using the service or an act of violating this clause, the Member shall exempt the Company at his/her own responsibility and expenses, and if the Company is not exempted, the Member shall compensate the Company for the damage caused by the Member. However, the Company is responsible for damages which the Company causes.
③ The Company is not liable for any damages incurred in relation to Services provided for free, except in cases of damages caused by intentional or gross negligence of the Company.
④ If the Company brokers the services provided by other operators, the obligations and responsibilities associated with the service are to the individual service providers, and the Company does not take responsibility in principle for the damages caused by them. However, the Company may bear responsibility under the relevant laws and regulations.
⑤ The damage caused by the Partners shall be governed in accordance with the terms of the partners, and it shall be the principle to resolve any disputes between the Partners and the Members accordingly.
⑥ The Company is not obliged to intervene in a dispute between Members or between Members and third parties through Service and is not responsible for damages caused by it.
⑦ The Company may limit service hours for each Service or Member in accordance with relevant statutes, government policies, etc., and shall not be liable for such restrictions.
⑧ If Members are unable to use all or some of the Content because of changes to mobile devices, changes to mobile numbers, changes to operating system (OS) versions, overseas roaming, and carrier changes, the Company is not responsible for this. However, this shall not apply in cases of intentional or gross negligence of the Company.
⑨ If a Member deletes the content or account information provided by the Company, the Company is not liable for such information. However, this shall not apply in cases of intentional or gross negligence of the Company.
⑩ The Company shall not be liable for any damages to the Member caused by any of the following reasons, if the Company proves that it has taken the necessary precaution as administrator to prevent the loss of the Member.
(1). In case of force majeure such as a war, an incident, natural disasters, technical defects that cannot be solved by current technology, or a national emergency
(2). In case of compliance with government agencies' actual or legal administrative disposition and orders
(3). In case of the service failure of a telecommunication service provider, including a common telecommunications business operator under the Telecommunications Business Act
(4). In case of the service is suspended or a failure occurs due to unavoidable reasons, such as repairing, replacing, regular inspection, construction, etc. of previously announced service facilities
(5). In case of service failure due to fault of the outsourcing system that cannot be managed by the Company or cause of Member's fault
(6). In case of problems caused by Members' computer environments or problems caused by network environments
(7). In case of problems such as information, data, reliability, accuracy, etc. posted or transmitted by Members or third parties within or on the Service or on the website
(8). In case of problems that occur due to the failure or loss of the result of the character, experience value, item, etc. that the Member expects to use the contents service such as the game, or the selection of the contents service such as the game
(9). Losses of grades, items, contents, etc. acquired by Members using the service (excluding those purchased directly through the Company)
(10). In case of a stopping service, disabled use or contract termination caused by the fault of the Member
(11). In case of damages caused by intention or negligence of the Member
Article 25. Governing Law and Jurisdiction
① The laws of the Republic of Korea shall govern this Terms of Use, the Service provided by the Company, and disputes between the Company and the Member.
② If any dispute arises in connection with this Terms of Use or the Services provided by the Company between the Company and the Members, the Company shall negotiate in good faith to resolve the dispute. Nevertheless, if not resolved, the dispute shall be resolved in accordance with the procedures stipulated in the Civil Procedure Act in the Republic of Korea.
③ For the EU users, in the event of a dispute relating to the interpretation, the performance or the validity of the Agreement, an amicable solution can be sought before any legal action. You can file your complaint by sending a message via email to dysterra@kakaogames.oqupie.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution (ODR) website:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
The EU ODR is no longer available to those within the UK and any such disputes should be raised to us as soon as possible.
④ California residents may send a message to dysterra@kakaogames.oqupie.com or send a letter to 400 “R” Street, Sacramento, California 95814 (the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs) or contact the Company by phone at 1-916-445-1254 / 1-800-952-5210 if they have a complaint.
Last Modified : October 23, 2022