COM2US ONLINE GAME TERMS OF SERVICE
These COM2US ONLINE GAME TERMS OF SERVICE (these “Terms”) govern the relationship between you (“you” or “User”) and Com2uS Corporation and/or its affiliates (“Company”, “we”, “us” or “our”) regarding the use of online game services and related services (collectively, “Services”).
2. REVISION OF THESE TERMS
① Company reserves the right to amend, at its sole discretion, any portion of these Terms at any time. The amended Terms will be posted or displayed within the Services. By continuing the use of our Services, Users will be deemed to have accepted and agreed to such changes. Except as otherwise stated, any such amendments will be automatically effective thirty (30) days after they are initially posted or displayed. If you do not agree to any of the revised Terms, terminate the use of the Services and close your account.
② If you have any questions about these Terms or our Services, you may contact us via customer service provided within the Services.
3. OPERATION POLICY
① The operation policy (the “Operation Policy”) of Company is to protect the rights of Users and regulate any necessary matters within the Services to maintain the order of the game world under the scope of these Terms.
② Company shall post the Operation Policy on the home screen, game website (https://kritika-global.com) and/or on a connected site.
③ Company may amend the Operation Policy in accordance with Section 2.1 above; provided, however, that we will inform the amendments in advance if the revised Operating Policy falls under any of the following cases:
- there is a revision with specifically delegated matters under the scope of these Terms;
- there is a revision that is not related to the rights and/or obligations of the User; or
- the revision is not so different from these Terms and can be predicted by the User.
① Users shall sign up for membership on the home screen or game website (https://kritika-global.com) to access the Services.
② Users shall provide the necessary information to Company for membership.
③ Users shall not provide false information, including, without limitation, actual full name when signing up for membership.
④ Children under the age of fourteen (14) are not allowed to use the Services.
5. ACCEPTANCE AND DENIAL OF MEMBERSHIP
① Company shall accept a User’s membership (hereinafter referred to as “Member”) request if accurate and correct information has been provided.
② Company reserves the right to deny a membership request for the following reasons:
- if the User has violated any section of Article 4;
- if the User has failed to pay or made an incorrect payment;
- if a minor, between the ages of 14 and 18 cannot confirm or has failed to obtain consent from a parent or legal guardian;
- if the User has been restricted within the past three (3) months;
- if the User has made payments by stealing and using a credit card, mobile device or bank account of a third party;
- if Company is unable to provide the Services in certain countries or geographic locations;
- if the User signs up for membership intended to violate applicable laws and regulations; or
- for any other actions deemed inappropriate by Company.
③ Company reserves the right to withhold membership approval until the following conditions are resolved:
- there is insufficient storage space or technical difficulties with Company’s operating system;
- there are technical difficulties with the payment method or the Services; or
- for any other reasons deemed difficult to approve membership by Company.
6. MEMBER ACCOUNT AND PASSWORD
① For the convenience of protecting Members’ information and informing the use of the Services, Members may create an account ID by combining letters, numbers and/or special characters.
② Company shall manage Members with account IDs, including, without limitation, decision to approve membership request.
③ Members are responsible for managing their own account information with care. Company is not liable for any loss or damages to the Member’s account.
④ Members are responsible for managing the password to their account. Members may change the password at any time for security reasons.
⑤ Members shall change the password regularly.
7. PROVISION AND CHANGES OF MEMBER INFORMATION
① Members shall provide accurate and correct information to Company under these Terms. Members are responsible for any loss or damages due to false information.
② Members may modify any personal information; provided, however, that any necessary information including, without limitation, full name and account ID cannot be modified for the management of the Services.
③ Members shall modify any information online or inform Company when the information provided on the membership request has changed.
④ Company shall not be liable for any loss or damages caused by not modifying the information.
③ Company shall not be liable for any disclosure of personal information due to reasons attributable to the Member.
9. OBLIGATIONS OF COMPANY
① Company shall exercise its rights and fulfill its obligations in good faith under these Terms, and applicable laws and regulations.
③ To provide continuous and stable Services, Company shall make sure to repair any equipment failures or data damages without delay, except for the occurrence of natural disasters, emergencies or unavoidable causes.
10. OBLIGATIONS OF MEMBERS
① Members shall not engage in any of the following acts:
1. register false information;
2. use other’s personal information;
3. impersonate any person or entity, including, without limitation, Company or its affiliates’ employees, administrators, or other representatives;
4. change any information posted by Company;
5. transmit or post any information prohibited by Company;
6. produce, distribute, use or advertise any computer programs, devices or equipment that are not approved or provided by Company;
7. infringement of intellectual property rights or copyrights of Company and/or third parties;
8. interfere with the Services or damage the reputation of Company and/or third parties;
9. disclose or post any obscene or violent messages, images, voice recording, or information that are against public order;
10. trade or sell game data (account, character or game items) for a fee or security rights;
11. advertise or promote the acts mentioned in subsection 10 above;
12. use the Services for profit, sales, advertisement or political purposes without prior consent from Company; or
13. violate any applicable laws and regulations, or morals and social norms.
② Members shall be obliged to check and follow the regulations in accordance with these Terms or any notices provided by Company.
③ Company reserves the right to determine the details of the actions mentioned in Sections 10.1, 10.2, and any of the following in accordance with the Operation Policy, and Members shall be obliged to follow them:
1. Restrictions on the name of Member’s account, character, alliance and guild;
2. Restrictions on the contents and use of in-game chat;
3. Restrictions on the use of community board;
4. Restrictions on the use of game play; and
5. Any matters deemed necessary by Company for the operation of the Services, to the extent that it does not infringe the basic rights of Members to use the Services.
11. CHANGES TO THE SERVICES
① Members may use the Services in accordance with these Terms, the Operation Policy and any game regulations set by Company.
② Company reserves the right to produce, modify, maintain or repair any contents of the virtual world created for and made available within the Services.
③ Company shall take necessary measures to protect the game world from the real world and maintain the order and characteristics of the game world.
④ Company reserves the right to patch, update or modify the Services within the game due to any operational or technical issues. Any notifications regarding the modification of the Services will be informed within the game after the changes have been made.
12. PROVISION AND SUSPENSION OF THE SERVICES
① Company shall provide the Services in accordance with Company’s business policy. Company shall inform the Services hours on the home screen or game website (https://kritika-global.com).
② Company may not and shall not be obliged to provide the Services for a period of time due to the following reasons:
1. if maintenance, repairment or replacement of the ICT (Information and Communication Technology) equipment or changes to game content or the Services is required;
2. if it is necessary to take measures against any unstable Services, abnormal use of the Services by Members, telecommunication problems, or cyber attacks such as hacking;
3. if the provision of the Services is prohibited under applicable laws and regulations for any period of time or reason;
4. if normal operation of the Services cannot be provided due to too many connections, equipment difficulties, blackout, emergencies or natural disasters; or
5. if Company ceases to operate due to business failure.
③ Upon occurrence of Section 12.2.1 above, Company reserves the right to temporarily cease the Services for a certain period of time, e.g., weekly or biweekly, to inspect the equipment and Services. Company may inform Members of such cessation on the home screen or game website (https://kritika-global.com).
④ Upon occurrence of Section 12.2.2 above, Company reserves the right to temporarily cease the Services without prior notice. Company may inform Members of such cessation on the home screen or game website (https://kritika-global.com) afterwards.
⑤ Company shall not be liable for any loss or damages caused by the use of the Free Services (as defined below), except for willful or gross negligence.
⑥ Upon occurrence of Section 12.2.2 to 12.2.5 above, Company reserves the right to terminate all of the Services with notice on the game website (https://kritika-global.com) at any time.
⑦ In the event of the termination of the Services under Section 12.6 above, Users agree to waive the rights to claim any form of compensation for free or paid items, contents, and Services.
13. COLLECTION OF INFORMATION
① Company reserves the right to access any information deemed necessary to maintain the order of the game world, to resolve disputes between Members, and to handle civil affairs. Third parties that do not have authority in accordance with applicable laws and regulations cannot access to the information. Company shall notify the Member in advance of the reason and scope of the access if Company needs to access the chat history of a Member. However, Company may notify the Member afterwards if Company is required to access the information for the investigation, process or confirmation of a violation against applicable laws and regulations, or Article 10.
② Company reserves the right to collect and utilize any information regarding the settings or specifications of Members’ PC or mobile device for the operation or improvement of the Services.
14. PAID SERVICES
① Company provides Services free of charge (the “Free Services”) and Services that may require payments (the “Paid Services”). Members shall be responsible for the use of such Services.
② Company shall provide the procedures for the payment method.
③ Members shall make the payments faithfully in accordance with the payment method provided by Company for using the Paid Services. However, if the payment has not been made, the Paid Services shall be deemed to have been withdrawn.
④ Minors are not allowed to use the Paid Services.
① Copyrights and other intellectual property rights of the contents created by Company within the Services belong to Company.
② Members shall not reproduce, transmit, publish, distribute, broadcast, or allow third parties to use any information obtained within the Services for profit purposes without prior consent from Company and its licensors and rights holders.
③ 2. do not sell, loan or transfer the User Content for a business deal without prior consent from the User.
④ Company shall not use the User Content that is not visible within the game or not integrated with the Services for commercial purposes without explicit consent of the Member. Members may delete such User Content at any time.
⑤ Company reserves the right to delete, move, or refuse to register a post without prior consent from the Member if it is deemed to be a prohibited act in accordance with Article 10.
⑥ If you believe that any content posted on the community board operated by Company has been used in a way that constitutes an infringement, you may request Company to remove the content or send a counter-notification letter. In this case, Company shall promptly take the necessary measures and notify the applicant thereof.
⑦ Section 15.3 is valid while Company operates the Services, and continues to apply even after withdrawal of membership.
⑧ The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the internet.
If you believe in good faith that any contents or materials infringe your copyright rights, please provide the following information in written form:
- reasonable and sufficient details to enable us to identify the work claimed to be infringed as well as the material claimed to be infringing;
- your contact information, including your address and email address;
- a statement that you have a good faith belief that the disputed use has not been authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- your physical or electronic signature.
The contact information of our designated agent is as follows:
Attn: Legal Affair Department Agent
A-dong, BYC Highcity B/D, 131 GasanDigital 1-ro, Geumcheon-gu, Seoul, the Republic of Korea
16. WITHDRAWAL OF SUBSCRIPTION
① Members who have subscribed for the Paid Services may withdraw their subscription within seven (7) days from the purchase date or the starting date of the Paid Services.
② Members may not withdraw their subscription for any of the following reasons:
1. if paid contents have been used immediately upon purchase;
2. if any rewards or benefits that were provided along with paid contents have been used;
3. if paid contents have been opened or deemed open;
4. if any additional contents (currency, point, mileage or items) that were provided along with paid contents have been used;
5. if a part of the bundle has been used and cannot be retrieved;
6. if the User received the contents as a gift;
7. if a part or all the contents have been damaged by the User; or
8. for any other reasons withdrawal of subscription is restricted in accordance with applicable laws and regulations.
③ If a Member withdraws subscription, Company shall immediately retrieve or delete the Member’s Paid Services and refund the payment as soon as possible.
④ If the payment was made by credit card or any other payment methods, Company shall request the payment service provider to cancel the bill. However, if Company has already received the payment, it will be refunded to the payment service provider and the Member shall be notified.
⑤ If items have been partially used, Company may charge the Member an amount equivalent to the profit earned by the Member from using the item.
⑥ Members who have withdrawn their subscription shall cover any costs required for returning the item and Company cannot claim any penalty or compensation to the Member for their withdrawal of subscription.
17. TERMINATION OF MEMBERSHIP BY MEMBERS
① Members may terminate the use of the Services (“Membership Withdrawal”). If a Member requests for Membership Withdrawal, Company reserves the right to verify identification of the Member. Once the identification of the Member has been verified, Company shall take necessary measures to fulfill the request.
② Members shall contact customer service and follow the procedures for Membership Withdrawal.
18. TERMINATION OF MEMBERSHIP BY COMPANY
① Company reserves the right to terminate Membership after prior notice if the Member violates any of the obligations in accordance with these Terms. If a Member causes any damage to Company by willfully violating any of the applicable laws and regulations, Company shall terminate Membership without prior notice.
② When Company terminates Membership, Company shall notify the reason and date of termination to the Member in written form or email.
③ Member whose Membership has been terminated in accordance with Section 18.1 above shall lose the right to use the Paid Services and cannot claim a refund or compensation.
19. RESTRICTIONS ON THE USE OF THE SERVICES
① Company reserves the right to impose restrictions according to the categories below:
1. restriction on certain rights of the User: limit certain rights temporarily, including, without limitation, in-game chat;
2. restriction on the use of the character: limit the use of Member’s character temporarily or permanently;
3. restriction on the use of the account: limit the use of Member’s account temporarily or permanently; or
4. restriction on the Member: limit the Member from the use of the Services temporarily or permanently.
② If the restriction in accordance with Section 18.1 is justifiable, Company shall not compensate for any loss resulting from the restriction.
20. PROVISIONAL MEASURES
① Company reserves the right to suspend an account until an investigation of the following cases has been completed:
1. when a legitimate report has been received that the account has been hacked or stolen;
2. when there is suspicious activity by an offender, including, without limitation, use of illegal programs; or
3. for any other reasons provisional measures have been deemed necessary.
② When the investigation has been completed, Company shall extend the period of use for any Paid Services by the Member; provided, however, that this shall not apply if the Member has been proven to be an offender.
21. REASONS AND PROCEDURES FOR RESTRICTIONS
① Company determines the specific reasons and procedures for restrictions in accordance with the Operation Policy in consideration of the content, degree, frequency and result of the violation.
② If Company imposes restrictions on a Member in accordance with Article 19, Company shall notify the Member in writing, e-mail, or post on the home screen or game website (https://kritika-global.com) of the following:
1. the reason of the restriction;
2. the type and period of restriction; and
3. how to file an objection to the restriction.
22. PROCEDURE FOR FILING AN OBJECTION TO RESTRICTIONS
① To file an objection to a restriction, the Member shall submit the reason of objection in written form or email within fifteen (15) days from the date of notification by Company.
② Company shall reply within fifteen (15) days of the objection filed by the Member; provided, however, that if it is difficult to reply within fifteen (15) days, Company shall notify the Member of the reason and processing schedule.
③ Company shall take corresponding measures in accordance with Section 22.2 above.
① Members agree to defend, indemnify and hold Company and its affiliates harmless from any claims, losses, damages, liabilities, including legal fees and expenses, resulting from:
1. your use or misuse of the Services;
2. any breach of these Terms or policies; or
3. your breach of any of the representations, warranties and agreements made by you herein.
② Company reserves the right to solely assume exclusive defense and control of any matter otherwise subject to indemnification by you.
24. DISCLAIMER OF WARRANTY
① Company shall not be liable if it is unable to provide the Services due to natural disasters, war, accidents, emergencies, technical defects, or any other force majeure events beyond its control.
② Company shall not be liable for any difficulties or suspension of the Services, or termination of contract due to reasons attributable to the Member.
③ Company shall not be liable for any loss or damages caused by the suspension or failure of the telecommunications service provider.
④ Company shall not be liable if it is unable to provide the Services due to the repairment, replacement, inspection or malfunction of the equipment or facility that provides the Services.
⑤ Company shall not be liable for any problems caused by the Member’s internet network or computing environment.
⑥ Company shall not be liable for the reliability or accuracy of any information, materials or contents posted or transmitted by Members or third parties within the Services.
⑦ Company shall not intervene in any disputes between Members and/or third parties, nor be liable for any loss or damages resulting therefrom.
⑧ Company shall not be liable for any l oss or damages incurred to the Members with the use of the Free Services provided by Company.
⑨ Company reserves the right to provide a part of its Services through third parties. Company is not liable for any loss or damages resulting from the use of services provided by third parties.
⑩ Company shall not be liable for the loss or damages caused by the selected use of the Services or failure to obtain any expected game characters, experience or items.
⑪ Company shall not be liable for the loss of digital asset (game currency), rank, grade or experience within the Services.
⑫ Company shall not be liable for any loss or damages due to errors caused by inaccurate or omitted personal information, or any technical errors caused by the Member’s computer.
⑬ Company shall not be liable for any matters that arise from the limitations of the Services or game time in accordance with applicable laws and regulations.
25. DISPUTE RESOLUTION
① Company shall provide instructions on how to send feedback or complaints on the home screen or game website (https://kritika-global.com).
② Company shall process the feedback or complaints within a reasonable period of time if they are recognized to be justifiable. If the process takes some time, the Member shall be notified by email, written form, or on the game website (https://kritika-global.com).
③ If a dispute arises between Company and the Member, the arbitration shall be conducted by a third party. Company shall comply with the arbitrator and provide evidence of the measures taken against the Member, if necessary.
26. GOVERNING LAW
These Terms are governed by, construed and enforced in accordance with the laws of the Republic of Korea. All claims, dispute or lawsuits related to these Terms are subject to the jurisdiction of the courts in the Republic of Korea.
The translation of the English language version of these Terms is provided for informational purposes only and does not modify the English language version of these Terms. If there is a conflict between the English language version of these Terms and its translation, the English language version of these Terms will control.
The failure or delay to exercise or enforce any of Company’s rights under these Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
If any part of these Terms is held to be unlawful, void or unenforceable under any applicable law or court if competent jurisdiction, the remaining provisions of these Terms shall remain valid and enforceable.
30. ENTIRE AGREEMENT
These Terms is complete and exclusive understanding of the Member and Company relating to your use of the Services, and supersede all prior understandings of the parties hereto.