These Terms and Conditions are intended to determine the rights and obligations of the Company and users and all necessary matters related to the use of Game Services (hereinafter referred to as “Services”) provided by BORNSTAR SOFT(<Seongjin Kim >; hereinafter referred to as “Company”).
① The following words and terms shall have the meanings set forth below when they are used in the Terms and Conditions.
1. “User” means a customer who uses all games and services provided by the Company.
2. “Service” means all game services provided by the Company.
3. “Terminals” mean the devices such as PCs, mobile phones, smart phones, PDAs, tablets, portable game machines, and console game machines that can be downloaded and installed.
4. “Application” means the whole program that is downloaded or installed through the terminal described in Paragraph 3 above to use the services provided by the Company.
5. “AppStore (Open Market) Business Operator” means a company that provides all e-commerce providers (including those providing in-game settlement), such as Open Market, which provides us with the ability to install and pay for our games. (Ex Google Play App Store, Apple App Store, Tee Store, Olleh Market, U+ App Market etc.)
6. “Platform Operator” means all operators and related services that provide services in cooperation with the Company in notifying or using the Game. (Ex Naver of NHN Co., Facebook of Facebook Inc., Mixi of Mixi Co., Com2US of Com2US Co., Ltd., KakaoTalk of Kakao Co., Ltd.)
7. “User Account” means information such as ID and e-mail address provided by the platform provider described in Paragraph 1, No.6 , and is not provided directly or explicitly by the platform provider. A unique identification number (consisting of a special number or letter) is provided and used. (Ex TID, UID, App Center ID, etc.)
8. “Paid Content” means all online content purchased through the “App Store” as described in Paragraph 1 No.5 , in order to enjoy certain effects or benefits in your use of the Service. (Ex sun coin, carat, topaz, ruby, etc.)
9. “Free Content” means any online content that you may acquire while using the gift or game service between users that you did not purchase through paid content in the game described in Paragraph 1 No 8. (Ex quas, hearts, points, etc.)
10. “In-App Purchase” means the payment activity for purchasing items, functions, paid content, etc. within an application.
11. “In-App Item” means items, functions, game money, etc. that the user can purchase through In-App payment.
② Definitions of terms used in these Terms and Conditions shall be as stipulated by relevant laws and regulations, except as provided in Paragraph 1 above. What is not set out in the relevant laws and ordinances is based on common practices.
3. Effect and Change of Terms
② The Company may amend these Terms and Conditions to improve the related laws and regulations and the rights and duties of the users. The modified Terms shall be amended for 7 days prior to the application of the modified Terms (except for matters that have a significant effect on the rights and duties of users For 30 days), and will be notified to the user through the company website, official cafe, application provided, etc., and effective from the date of application.
③ User have the right not to agree to the changed terms, and if user do not agree with the changed terms, can stop using the service and leave the application with logout and deletion of the application. However, if the user does not make a statement of “rejection” to the company within 15 days from the date of application of the modified terms as separately notified by the method of paragraph 2 etc., consider user agrees to the modified terms.
4. Establishment of Use Contract
① The contract of use shall be established with the consent of the use application such as application installation of “user” and the agreement of the use of the company for the use application.
② Agreement to these terms and conditions shall be made to check the terms and conditions of the application for application installation and utilization, and the agreement to collect and use personal information within the company’s website shall be made after consent to the agreement. If the amendment and enforcement date are not approved, the user is deemed to have agreed to these terms and conditions even if they were executed without the consent procedure, otherwise the user may withdraw them with logging out and deleting the application.
5. Company’s obligations
① If the opinions or complaints from the users are objectively recognized as fair, the Company shall promptly handle them within a reasonable period of time. However, if it takes a long time to process, the user should be notified of the reason and the schedule of processing on the service homepage.
② The Company shall not disclose any personal information including the user’s account information from the service system managed by the Company, and protect it from being disclosed or provided to a third party.
③ In case of equipment failure or data loss while improving service to provide continuous and stable service, it will repair or repair the equipment without delay except reason such as natural disasters, emergencies, technical defects that are difficult to solve, We will do our best to make sure.
④ The Company endeavors to provide convenience to the users in terms of the procedures and content of the contract with the users, such as the conclusion of the contract of use, the modification of the contract, and the termination of the contract.
6. Obligations of User
① The user shall not use the services provided by the company for purposes other than the original purpose of the game service or conduct any of the following acts.
1. Use of non-real names or other person’s information when providing personal information to the company due to customer inquiry, recovery of paid contents, request for refund,
2. Do not impersonate others, misrepresent the relationship with another person, steal or illegally use another user’s ID and password, or steal someone’s credit card, wired / wireless phone, bank account, etc. Buying paid content
3. Trading or buying or selling paid content through other services not provided by the Company
4. Reproduction, distribution, promotion, commercial use, or exploitation of known or unknown bugs, without the prior consent of the Company, of information obtained through the Company’s services and provided applications.
5. Use of the services of the Company and the applications provided to it to create property interests for yourself or others;
6. To defame or damage another’s reputation
7. An act to collect, store, distribute, and post the personal information of another user without obtaining approval or without prejudice to the company’s intellectual property rights, third party intellectual property rights, and rights of the company
8. Taking advantage of third party’s profits or abusing the service provided by the Company to harm third parties
9. Interacting with or displaying obscene or vulgar information, linking (or linking to) obscene sites, or displaying unauthorized advertising and promotional material
10. To induce or participate in gambling activities such as betting on wealth and gambling
11. Transmitting, reaching and distributing words, sounds, texts, images or images that cause shame, disgust, or fear, to the other.
12. Software viruses or other computer code, files or programs designed for the purpose of interfering with or destroying the normal operation of computer software, hardware, telecommunications equipment, or other information (computer programs) Transmit, post, distribute, or use any materials you include
13. You may not modify the Application without permission from the Company, add or insert other programs into the Application, hack or reverse engineer the Server, leak or alter the source code or application data, install a separate server, Impersonating a company by arbitrarily changing or stealing a portion
14. Posting or sending out e-mails by impersonating or impersonating the employee or operator of the company or by stealing the name of another person
15. Miscellaneous violation of public order and morals, illegal acts, unlawful acts and related laws and regulations.
7. Time and Stop of Service
The Company shall provide 24 hours a day, 24 hours a day, 7 days a week, unless there is a special disadvantage in terms of business or technology. However, in case of operational necessity such as periodic system check, expansion and replacement of server, addition of new game contents, patching of various bugs, replacement of new service, etc., the service may be suspended for a certain period. Notice the time on your homepage or application. However, if there is an unavoidable reason that the Company can not notify in advance, it may notify after the fact.
8. Content of Service and Change
① The Company may change, add, or abolish all or part of the services provided by the Company in the event of new game content, bug patches, etc., if necessary. The content of the service to be changed and the date of the service are posted on the website of the management.
② If the Company needs to stop all services due to the planning or operation of the service or the urgent situation of the company, the Company may notify the homepage and discontinue the service. You may not request a refund for paid content that has not expired at the end of the service.
③ The Company may limit or suspend all or part of the service if the following falls under each category.
1. If there is a force majeure such as an war situation, incident, natural disaster or national emergency
2. In case of interruption of normal service due to power outage, disorder of facilities or runaway usage
3. Inevitable due to construction of service equipment, etc.
4. If the Company can not provide services due to various circumstances
④ In case of discontinuance of service pursuant to Paragraph 3, notice shall be posted on the homepage or application operated by the Company. However, this is not the case if it is not possible to give advance notice due to interruption of service due to reasons beyond the control of the Company.
⑤ The Company shall not be liable for any problems caused by changes or discontinuance of services, except in cases where the cause of change or suspension of service is due to intention or gross negligence of the Company.
9. Provision and Publication of Information
① The Company may use the information acquired through the platform provider and the App Store provider or request additional information about the individual user for the purpose of introducing the game service to the user and improving the service. Or through the AppStore service provider to accept or refuse additional information from the service.
② The Company may place ads in order to maintain this service, and the user agrees to the advertisement that is exposed when using the service.
③ The Company shall not bear any responsibility for loss or damage caused by the participation, communication or transaction of the user in the advertisement of Paragraph 2 provided by the Company.
④ The Company may use SMS (LMS), smart phone notification (Push notification), e-mail address, etc. when providing the information of Paragraph 1 and the advertisement of Paragraph 2 by utilizing the personal information collected from the user with the user’s prior consent If you do not want it, you can reject it at any time.
⑤ In relation to the above information and advertising, we provide information in accordance with the terms of the platform provider, the app store operator, and the company’s terms and conditions and the relevant laws and ordinances.
10. Purchase, use period and use of paid contents
① Users can purchase paid content according to the payment operation policy of each App Store business operator according to the type of terminal using the service, and the payment amount may be different due to the difference of the payment policy. In addition, the purchase price of paid contents will be charged according to the method and policy determined by the mobile communication company, platform operator and the app store operator connected with the app store operator, and the payment method also follows the policy of the corresponding company.
② Paid content purchased by users in the game service can be used only on the terminal that has downloaded or installed the corresponding game service application.
③ The period of use of paid contents purchased by the user is basically one year, and after this period, the user loses the right to use the paid contents. However, if paid contents are specified for a specific period of time, they are subject to the period of use specified at the time of purchase. Users may use the paid content only in the user’s own account, and can not transfer, rent, or sell the content to a third party other than the method specified by the company and separately notified.
11. In-App Payment
① The company’s application includes an in-app billing function for purchasing in-app items.
② The user should prevent the third party’s in-app payment by using the password setting function of the terminal and the password setting function provided by the open market. The company shall use the recommendation of the Korea Communications Commission and the “Open Market Mobile Content Payment Guide Line “, we apply modules and libraries for in-app payment with the application of authentication procedures provided by Open Market.
③ The Company shall not bear any responsibility for the third party’s In-App payment which occurs when the user does not use the password setting function of the terminal and the open market or is inadvertently exposed.
④ If a user subscribes to a mobile service provider’s Youth Plan, if the user makes an in-app payment at the terminal, the contents are considered to have the consent of the legal representative.
⑤ The user is responsible for paying in-app payment in good faith.
12. Withdrawal of application and refund, etc.
① In the case of Paid Contents purchased by the User, the subscription can be withdrawn (canceled) without any fee within 7 days from the date of contract or Paid Contents availability. However, in the case of paid contents that are provided free of charge from companies or third parties such as gifts and events, and paid content that has already been used or considered to be used at the time of request for withdrawal of subscription, (Cancellation of Purchase) may be restricted pursuant to Article 17, Paragraph 2, Items 2 to 3 and Article 16-2 of Online Digital Content Industry Development Act. In this case, the Company will take action as prescribed by the relevant laws, such as notifying the user when purchasing such paid contents.
② If the Company can not use the paid contents purchased due to reasons of the Company, the same paid contents will be provided free of charge or the purchase amount will be refunded in full regardless of the contract date (date of purchase).
③ Refund will be made according to the refund operation policy of each app store business operator according to the operating system type of the terminal using the service, and detailed refund application procedure will follow the notification on the company homepage. Also, depending on the refunded amount, paid content in the game will be deducted by the amount withdrawn.
④ If the content is converted to free content through paid contents, it can be judged that the user has expressed intention to use it. Also, when the basic unit that can be purchased within the game service is damaged due to the whole or part use, I think I have revealed my doctor. In addition, when the user approves the acceptance process on the screen related to sending and receiving paid contents such as message box and gift box, it is judged that the user expresses intention to use. This includes cases where the purchase was made by someone other than the intent of the customer.
⑤ Paid content paid by the Company through internal events or external affiliation events, etc., will not be refunded.
⑥ In case of requesting withdrawal or refund of the subscription, the subscription process of the company will be performed after confirming the purchasing history of the company after receiving consent for the handling of the personal information to the customer center designated by the company and the company designated by the company. The process goes through the process of verifying your purchase through the business. In the course of this process, the Company can contact the user through the information provided by the user to confirm the reason for the valid withdrawal and confirm the facts accurately, and may request further evidence. (Ex personal information registered on the platform provider, purchase history or payment history of the App Store, documents confirming that the purchase was made through a different person than the customer’s intention (proof of family relationship), etc.)
⑦ In the following cases, withdrawal of In-App items is restricted, and the Company indicates that the In-App items for which withdrawal is restricted is restricted before the In-App payment.
1. For In-App items that start using immediately after purchase or that apply to your application immediately
2. In case of In-App items acquired without In-App payment during normal use of the application
3. In-App items for which additional benefits are available are eligible for these additional benefits.
4. If some of the in-app items sold in bundled form are used
5. For encapsulated / probable In-App items that can be viewed as open use or for which utility is determined upon opening
⑧ If an in-app item sold by an application is in-app payment without a minor’s consent, a minor or legal representative may cancel the in-app payment. However, cancellation will be restricted if the child’s In-App payment is within the range of the property allowed to be disposed of by the legal representative, or if the minor causes the child to believe that he or she is an adult. Whether the buyer of the In-App item is a minor is judged based on the name of the payment instrument such as the terminal or credit card on which the In-App payment was made. If you are asked to cancel a minor’s payment, you must submit a document certifying the minor and legal representative as required by your company.
⑨ In-App payment of application depends on payment method provided by open market operator. Therefore, in the case of incurring an error in In-App payment process, you should request a refund to the open market operator in principle. However, depending on the policy and system of the open market operator, the company may request the fulfillment of the refund procedure required by the open market operator.
⑩ In-App payment made through gift function can not be canceled or refunded in principle except that there is a defect in purchased In-App item. It is available only to the sender.
13. Termination of Contract and Termination of Service
① In the event that the user conducts activities falling under any of the following subparagraphs, the Company may terminate the use contract without prior notice or suspend the use of the service by setting the period.
1. When registering false contents at the time of application for service or stealing the service ID, password and payment information of others
2. In case of intentionally interfering with the operation of the service or transmitting large amount of information or transmitting the advertisement information for the purpose of obstructing stable operation
3. Distributing computer virus programs that cause malfunction of information communication facilities or destruction of information.
4. If you have done something that damages the reputation of others or causes disadvantage
5. Infringes the intellectual property rights of the Company and other members or others.
6. If there is a request for corrective action by the referral organization, such as the Information and Communication Ethics Committee, or if it is interpreted by the Election Commission in relation to the illegal campaign
7. If you copy or distribute the information obtained from the company’s service information without prior consent of the company or use it for commercial purposes, or if you send a message by impersonating the company’s service
8. If you post sexually explicit material or link to a sexually explicit site
9. Miscellaneous Article 6 If the service of the Company is interfered with in violation of the major obligations of the user
② In case the Company terminates or terminates the use agreement pursuant to the preceding Paragraph, the user must log out of the game service and delete the downloaded application.
14. Compensation for Damages
① In the event that the user damages the company due to the violation of the obligations of this agreement or damages the company when the user uses the service, the user shall compensate the company for the damages.
(2) If the Company receives various kinds of complaints including damages claims or lawsuits from third parties other than the user due to illegal acts or violations of the Terms by the user, If the company is not indemnified, the user is responsible for compensating the company for any damages incurred by the company.
① The Company shall be exempted from liability in the event that it can not provide services due to war situation, incident, natural disasters, national emergencies, technical difficulties that are difficult to solve, or other force majeure reasons.
② The Company shall not be liable for the interruption or use of the service caused by the cause of the user, and the company shall be exempted from liability if the telecommunication service provider ceases to provide telecommunication service or does not provide the normal service, .
③ The Company shall be exempted from any liability for service interruptions or failures due to unavoidable reasons such as repair, replacement, regular inspection, construction, etc. of facilities for services rendered in advance or urgently conducted in advance.
④ The Company shall not be liable for the failure of the user to obtain the expected score, rank, etc. using the service and shall be exempted from any liability for damages caused by the selection or use of the service for the service.
⑤ The Company shall not bear any responsibility for the disadvantages and loss of information that users may obtain by changing their personal information (including accounts)
⑥ The Company shall not be liable for any problems arising from the user’s terminal environment or problems caused by the network environment without cause of the company’s failure.
⑦ The Company has no obligation to intervene in disputes between users or between users and third parties through the service, nor is there any liability for damages caused by them.
⑧ Among the services provided by the Company, free services and contents are not eligible for damages. However, in the case of damages caused by intentional or material negligence of the Company, it is excluded.
16. Jurisdiction and Governing Law
① In case of disputes arising between the Company and the User regarding the use of the Services, the lawsuits shall be filed with the competent courts under the Civil Procedure Act.
② The law of the Republic of Korea applies to lawsuits filed between the Company and the User.
This Agreement will be effective March 18, 2021.