[Terms of Service]
This Terms of Service (hereinafter “terms”) explains the contract items that apply to the user (hereinafter “customer” “consumer” “to whom it may concern” “user”) as the user utilize websites, mobile apps, software, etc. (hereinafter “service”) operated by Wemade Co., Ltd (hereinafter "company").
Carefully review the terms before using the service.
1. The company can always change or modify the terms in accordance with relevant legislation in the company's discretion.
2. When changes occur in the terms, the company must notify the user of the changes with a notice. The company must also include the date of the changes in the top or bottom part of the terms in a way that the user can check the changes.
3. If the user continues to use the services provided by the company after the changed terms are posted, it is assumed that the user recognizes and agrees with the change in the terms.
The user agrees to the terms being electronically entered, as well as the records related to the terms being saved in an electronic format.
I. Service Access and Use
II. Account Registration and Management for Service Use
III. License and Intellectual Property Rights Infringement Claim
IV. Payment and Responsibilities During Service Use
V. Prohibited Actions During Service Use
VI. Service, Contents And Network of Other Companies
VII. Blockchain-based Content
VIII. Limitations in Responsibility
IX. Dispute Resolution
X. Miscellaneous
I. Service Access and Use
The user must agree to the terms to access and use the services provided by the company.
Game and service use is not available in countries and regions that are not officially included in the service regions. When the user attempts to use or uses the service from somewhere that is not a service region, access can be blocked and use can be suspended. The company assumes no responsibilities on any and all damages that occur when using the service without approval.
Regions and countries where service is available: Game access and use is allowed in all regions and countries except China and South Korea.
Countries in which service is available can be changed in the future depending on the decisions made by the company, with the changes notified in advance.
Additions terms, conditions and policies (hereinafter “additional terms”) apply in using some of the additional services. In such cases, the user muse agree to the additional terms before using related services.
In cases where the terms of this service conflict with the details of the additional terms, or if none of the contents of the terms apply, the terms are replaced by the additional terms related to the topics specified in the additional terms.
The service is not available for those under the age of 15. However, depending on the laws or policies of your country of residence, these policies may apply differently.
The company may request the user to create an account to use services provided by the company. If the user has not logged in or has not created an account, they may not be able to access parts of the services or features, and we will not able to provide help if any damages occur.
The company can apply updates to the services in the company's discretion and according to the company's judgment.
The user agrees that the company can not only access devices that use the service without limitations, but also provide updates remotely and automatically.
The company can send, collect and save the user’s personal information outside the country of the user’s residence (including countries and regions where there may not be equivalent information protection regulation), and the user understands and agrees that some or all of their personal information can be sent, collected, and saved outside the country to provide stable service.
II. Account Registration and Management for Service Use
To use the services provided by the company normally and without limits, you may have to register for a membership and register your account. The user is responsible for issues that may occur while using the service without creating an account.
After account registration, the user must use the service with their own account. The user is responsible for the information required for use and management of the account.
The user that created the account is responsible for problems that occur with inadequate account management.
The user is entirely responsible for maintaining confidentiality of their account’s access information.
The user must not allow a third party to access or use the user's account, or share the access information with a third party. The user cannot receive any help if any issues or damages occur from doing so.
III. License and Intellectual Property Rights Infringement Claim
1. License
In principle, the user has no ownership of any contents created, purchased, and obtained from the use of service provided by the company, and the user understands and agrees that they are granted a limited, non-exclusive, non-transferrable, and cancellable license to use the services.
However, for some of the contents created, purchased, and obtained by the user, the user is able to possess limited ownership. However, this can always be changed or cancelled at any time, and the user agrees to not raise any objections to this.
The company owns and possesses ownership, rights and interests, including intellectual property rights, of all services they provide or all items required for the use of service.
The service name, service mark, trademark, all source code, database, function, software, website design, audio, video, text, image and graphic content (collectively hereinafter “contents”) of the service provided by the company is owned by the company, and no rights or license are granted to the user, individual, or group without prior agreement by the company in advance.
2. Intellectual Property Rights Infringement Claim
We respect others' intellectual property rights. If your work or another's intellectual property rights are deemed to have been infringed, you can contact and notify the company with the following information.
• A list of assets or works with intellectual property rights of which intellectual property rights are claimed to have been infringed.
• Reasonable and sufficient information with which data which as questioned to have infringed on others' intellectual property rights can be identified or found.
• The user’s name, address, and phone number, as well as email address if possible.
• Testimony of the fact that the information in the report is correct, and that they will receive punishment upon perjury. Testimony that they have the rights to raise a lawsuit on behalf of the owner of the exclusive rights which is questioned to have been infringed.
• Testimony that they believe, in good faith, that the way in which the complaint has been raised, in which the data was used, was not approved by the intellectual property owner, procurator, or legislation.
• Physical or electronic signature of the person who has the authority to take action in place of the owner of exclusive rights that is questioned to have been infringed.
Address
49, Daewangpangyo-ro 644beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, South Korea
mirmsupport@wemade.com
IV. Payment and Responsibilities During Service Use
While using the service, the user can obtain virtual currency and items in the game, and use the store online or within the game (hereinafter “store”).
The ownership of virtual currency or items that can be obtained in the store are not granted to the user; only the right to use is granted.
The user agrees to pay the entire price, including fees and relevant taxes that occur with using the service, within the limit permitted by relevant legislation.
The company owns the rights to change the value of virtual currency or items sold at the store at any time without prior notice.
When obtaining virtual currency and items through the service, various payment methods provided by the company (credit card, automatic transfer, PayPal, etc.) can be used.
When using other payment and billing services, the user may have to agree to the terms related to the use of each provider, and may be charged additional costs, according to such terms. It is the user’s responsibility to pay taxes imposed by each country and local organizations related to the purchase and use of virtual currency and items in the service provided by the company.
The company notifies the user in advance of contents are available with payment that are non-refundable, or are paid contents. In principle, refund of contents and items purchased through normal transactions from the user's choice is not possible.
If an account is permanently blocked, all rights to use all content license, virtual currency balance, and items related to the account will be lost. The company has no responsibility to, and will not compensate, any and all lost virtual currency, points, items, etc. that occur from the violation of the terms by the user.
Items obtained by using virtual currency or items are included in the account until the expiration date of each item, account, the terms, or the termination or conclusion of this service.
For any reason, if a charge approved by the user is refunded without any prior agreement with the company, the user’s account can be temporarily suspended or deleted.
To use an account that has been suspended again, the amount refunded must be paid using another credit card or another payment method. The company is not responsible for credit card or bank related charges or fees related to the user’s transaction.
The company has the rights to limit the order quantity of an item or to refuse providing the item to the user without any prior notice.
Notwithstanding these terms, legislation of the user’s country of residence may apply to the purchase of virtual items and service provided to the user. The user may gain rights specified in relevant legislation or relief measures within the range in which the legislation applies.
V. Prohibited Actions During Service Use
There can be civil and criminal consequences associated with attempts to disturb or impair service operations, as well as for system or network security violation.
The company may consult law enforcement institutions for investigations and provide relevant information to prosecute a user that violates the terms.
If terms violation is discovered or if there is reasonable doubt of a violation, the company can delay, pause, modify or terminate the user’s access to service without notice, unless otherwise required by relevant legislations.
According to relevant legislation, forbidden acts include the following.
• Use of hacking, cracking, bot or third party software that can temporarily or permanently modify service code or user experience using programs, software or technology, or fraudulent acts that cannot be performed without using third party software, other operational program, software or technology.
• Discovering, or attempting to discover, all source code, algorithm, method or technology that is used or actualized in the service.
• Misrepresenting an individual or group, falsifying a testimony about the user’s affiliation, identity or the origin of data sent by the user or falsely testifying that the user’s testimony or actions were approved by the company.
• Replicating or bypassing service structure or included contents through any means using software or other manual or automatic devices or processes.
• Deleting, changing, or hiding copyright, trademark, patent or other ownership notifications, legends, symbols or labels (including watermarks, other digital right management technology or other information) included in the service.
• The act of or attempting to add an unreasonably or irregularly large load to the network or infrastructure.
• Hosting, providing or developing in-between service about the company’s service without prior approval, or forming, using or maintaining illegal connection to the service.
• Intercepting, emulating, or redirecting communication protocol used by the company or nominee through any means.
• Using or attempting to use virus, malware, other computer codes, file, program, software, routine or device that is designed to interrupt, destroy, or limit the company’s system or network function/operation.
• Participating, encouraging, or facilitating service denial attacks or similar acts, or attempting to investigate, scan, test or violate the system or network security.
• Using or attempting to use macros, automatic play, or programs or methods that allow automatic operation or action of the user in the game (or all characters controlled by the user) regardless of whether or not the user is operating the controls.
• Illegally distributing data without the company’s approval or advertising or promoting items or services (spam, promotional data, chain letters, pyramid schemes or other forms of illegal suggestions, etc.)
• All acts of harm, harassment, defamation, or vulgar, obscene, hateful acts, threats, abuse, or inflammatory, threatening, discriminating, violent acts, or instigating violence (including self-harm)
• Stalking, sexually explicit or other unpleasant acts, and all acts including pillage, stealing, murder, sexual comments or curses.
• Abusing flaws, undocumented issues or program bugs create or copy game items to create, utilize or trade them.
• Posting or sharing another user’s personal information or important undisclosed information about the company without consent.
• Based on the judgement of the company, participating in or all attempts to participate in acts that cause tangible responsibility, or damage to the company, user, or another third party.
VI. Service, Contents And Network of Other Companies
The user may use platforms of other companies such as Appstore, Google Play Store, etc. to use the service, and may be connected or included in the service or contents provided by other companies (including user contents posted on the forum).
The user may need to install additional software, register additional accounts, agree to terms by other companies, and taking other measures before using the service.
Using services or contents of other companies connected to the company’s service is the user’s responsibility, and other companies’ terms and conditions apply.
The company is not responsible for any issues that may occur with the use of services or contents of other companies connected to the company’s service.
When using the service provided by the company the user’s device can be connected to other companies' networks, and fees may apply upon the use of such networks.
All costs and fees related to service access and use such as internet service provider costs, communication costs, text message costs, broadband costs, cost of all devices and equipment used in relation to the service are solely the user’s responsibility.
VII. Blockchain-based Content
The service provided by the company includes blockchain-based contents.
The company provides blockchain-based contents in connection with service of a third party company.
To use blockchain-based contents, the user must agree to the terms of the third party company and complete user registration.
The use of blockchain-based contents is not a requirement for the use of service provided by the company, and the user is able to decide whether to use this.
The blockchain-based “digital asset” in the service provided by the company are in the forms “NFT” and “FT”.
-"Digital Asset": Refers to blockchain-based items or data existing in digital form. Digital assets include, but are not limited to, NFT, FT, cryptocurrency and game tokens.
-"NFT(Non-Fungible Token)": Non-Fungible Token refers to all digital assets on the blockchain that cannot be interchanged with other tokens. Certain data such as items within certain games within the company's services are provided as NFT.
-"FT(Fungible Token)": Fungible Token refers to all digital assets on the blockchain, each with the same value, that can be interchanged with other tokens. Items or goods within certain games within the company's services are provided as FT.
1) The company can designate some of the items of the service provided as NFT and FT content targets, and has the right to change, add, or cancel designated items at any time in the company’s discretion.
2) The user agrees that the company does not guarantee the permanence of value or existence of the items designated as NFT and FT items.
3) The NFT and FT items owned by the user is contents that are included or linked with the company’s service, and the user agrees that the values of NFT and FT contents can be affected through updates, service change, termination, etc. based on the company’s operation directions.
4) All issues caused by the use of NFT and FT contents are a result of executions personally made by the user upon agreement, thus the company is not responsible for the situation.
5) Blockchain assets characteristically have very high variability, thus the company has no responsibility or duties related to compensation for damages occurring from value variations in the owned designated NFT and FT content items.
6) The user is entirely responsible for the management of NFT and FT contents, and the company takes no responsibility for issues that arise from poor management.
7) Blockchain related regulations and provisions are incomplete and uncertain, and new regulations and policies could affect blockchain-based contents included in the service provided by the company.
VIII. Limitations in Responsibility
The company does not guarantee that the existence and details of the service is permanent.
The company does not guarantee the legality, integrity, safety, or accuracy of any website, platform, etc. that can be accessed through links (not directly provided by the company) or contents of a third party that is included in, or connected to, the company’s service.
The company does not take responsibility of the deletion, loss, problems or damage with the data or information related to the company’s service or equipment.
In some cases, service use could be paused due to reasons related to technical issues or maintenance, and the user agrees that the company is not responsible for inability of the user to use the service or loss of information, data, transaction or other information and data caused by the pause of service use.
The company is not responsible for the user's damages caused by unauthorized access to the service, infiltration of a computer virus or acts by a third party.
The company is not responsible for disputes between the user and a third party caused by the use of this service.
The company is not responsible for direct or indirect damages caused by device malfunction, error, information exposure due to the user or a third party’s malware, spyware, virus, or hacking.
The company may modify or change the provided service as required, and does not take responsibility for any possible material, intangible, direct or indirect damages.
Upon use of services provided by other companies that are included in or connected to the company’s service, the user must sufficiently understand, review, and agree with the other companies' terms and conditions, and the user must take full responsibility for the damages and danger that could occur with using said services.
If the user has a complaint about part of the service or the conditions of the related contract, the only and exclusive relief method for the user is to stop use of the service.
IX. Dispute Resolution
Unrelated to the law conflict principle or the user’s country of residence, the user agrees that the application of The UN Convention on Contracts for the International Sale of Goods is exclusively excluded.
If there is a claim against the company, it is highly recommended that the solution be found through the company’s customer center.
In relation to the dispute, the user must actively participate in mediations provided by the company, and upon agreeing with this, the user agrees to abandon all rights to litigate the dispute through the court and allow a judge or jury to decide the user’s case.
Within the range permitted by relevant legislation, all disputes in relation to this contract must be raised in the small claims court or the mediation process within 1 year.
The 1 year period starts from the first point at which the dispute or dispute notification can be first submitted. It is permanently forbidden if the dispute is not raised within 1 year.
X. Miscellaneous
If any article in the terms is determined illegal or unenforceable, the article is deleted with the remaining articles maintaining full validity.
The removed article is replaced by an enforceable article that is closest to the basic intentions of the unenforceable article.
The company not actively using the rights in the articles or not responding to the user’s violation does not mean that it relinquishes the rights to respond to the violation or to enforce the terms in the future.
