User Agreement for GAMEAGIT Chapter 1 General Rules Chapter 2 Terms of Use Chapter 3 Sales Chapter 4 Responsibilities Chapter 5 Use and Limitations of Service Chapter 6 Grievance settlement and Etc. Chapter 1 General Rules Article 1 (Purpose) The purpose of this agreement between INIXSOFT Co., Ltd. and user is to stipulate the terms and conditions of using the online portal service 'GAMEAGIT' provided by INIXSOFT Co., Ltd. (hereinafter referred to as the "Company"). Article 2 (Effect and Modification of Agreement) 1. This Agreement shall be effective by notifying the game users through the game website 'GAMEAGIT' (http://www.GAMEAGIT.com) 2. Provided that the Company has reasonable grounds and is in accordance to relevant laws, the Company has the right to change all or portion of the terms of this agreement. Any important modifications to the terms directly related to user rights and/or responsibilities will be notified to the users as prescribed above and shall be effective 3 days after notification. Article 3 (Terms and Definitions) 1. Services: the online game portal service 'GAMEAGIT'' provided by the Company. 2. User: any person who has obtained a user account by agreeing to the terms of use for the services and thereby has entered into the user agreement. 3. User Agreement: agreement between the User and the Company for the Services. 4. ID: A user account includes an ID and password for using the Services for managing basic personal information of User and game data. 5. Password: A combination of characters and numbers chosen by User and approved by the Company for the purpose of identifying users and using the services. 6. Operator: A person appointed by the Company for general service management and operation. 7. Character: Game data included in a user account chosen and controlled by User. 8. Item: Game data included in a user account obtained by User by playing the game. 9. Kal-CASH: A virtual currency provided by the Company for GAMEAGIT members to use paid services of GAMEAGIT. Chapter 2 Terms of Use Article 4 (Application Method) 1. All users (for using Kal-CASH) must provide correct and complete information in all required fields in the application form. 2. ‘User’ must fill the correct information and "Company" regards the information as true. Article 5 (The protection of personal information) 1. Service applicants must provide correct and complete information in all required fields in the application form. 2. Service applicants must acknowledge that these Terms of Use are part of this User Agreement, and are deemed to have agreed to this User Agreement by clicking 'Yes' to the question, "Do you agree to the terms and conditions?" 3. Other matters related to the protection of personal information shall be in accordance with the company's 'Policy on the Protection of Personal Information'. Article 6 (Application Approval) 1. In principle, the Company approves the request when an applicant provides correct and complete information in all required fields in the application form. Applications are processed on a first-come, first-served basis 2. The Company will show its approval on the screen immediately, or send e-mail to the e-mail address provided by the applicant within 24 hours. 3. In the following cases, the Company has the right to refuse to provide Services. (1) When there is false information in one of the required fields. (2) When an application is regarded to have illegal or criminal purposes. (3) Other, when it may not be allowed by an application’s imputation 4. Even after the application is approved, the Company has the right to cancel this User Agreement when the application is found to be one of the above cases. 5. The Company has the right to delay the approval when there are following reasons. In this case, the Company shall notify the applicant the reason for delay and estimated time of approval through the service screen or e-mail. (1) When service resources are inadequate. (2) When there is an error in the Services. (3) When the Company finds it necessary to refuse to provide Services after making a reasonable decision. Article 7 (Management of User Account and Prohibition of User Account Transfer) Company can delete user’s Kal-CASH and restrain user’s account in following case. 1. The Company shall not be responsible for any losses caused by the User's carelessness in user account management or illegal use by a third party. 2. User account transfer (user rights or position gained by this User Agreement) is prohibited. Article 8 (User ID and Password) 1. User ID and password are chosen by the User, and user ID cannot be changed while using the account. 2. Character is created within a user account and a specified number of characters can be created within one user account. However, the maximum number of characters is limited just three. 3. Characters within one same account cannot be connected to the server at the same time. 4. The User is solely responsible for managing user ID, password and character name, and the Company shall not be responsible for any losses caused by the User's carelessness in user account management or illegal use by a third party. 5. Ony one account is allowed for one person. Article 9 (Actual Sale/Purchase of Characters and Items) The actual sale/purchase of characters and items is allowed only with the consent of the Company. However, actual sale/purchase of characters and items made before the Company's services for actual sale/purchase of characters and items are prohibited. Article 10 (Kal-CASH transfer & Item Gift) 1. When a member wants to buy some avatars and/or game items, fees for them are charged. 2. Refund policy refers to following Chapter 3, and all changes will be posted on the Services Site and customer is liable for reviewing the billing section of itself. 3. Users are fully liable for all charges under your account including any unauthorized charges. Chapter 3 Sales Article 11 [Purpose] This User Agreement is an agreement between Users and Company for the use of 'Kal-CASH' while using the contents from GAMEAGIT provided by Company. Article 12 [Validity and Modification of Agreement] 1. The terms of this agreement are subject to change by posting of notification in the Services or sending an e-mail to the Users. 2. Provided that the Company has reasonable grounds and the right to change all or portion of the terms of this agreement. 3. The User is deemed to have agreed to this User Agreement by visiting the Services (www.GAMEAGIT.com) and checking the updates regularly and Company shall not have any responsibility for any loss to the User caused by not checking the notifications. 4. Details that are not included in this Agreement shall be in accordance with the rules and regulations prescribed by KOREAN LAW. 5. Important modifications to the user rights and responsibilities shall be notified by Service page and effective 3 days after the notification. Article 13 (Service Hours) 1. 'Kal-CASH' is a virtual currency provided by the Company for GAMEAGIT members to use paid services of GAMEAGIT. 2. 'Refill' means the purchase of 'Kal-CASH' by payment methods. The 'Kal-CASH' you have purchased will be deposited in the GAMEAGIT (www.GAMEAGIT.com) user account 3. 'Item Shop' (www.GAMEAGIT.com) is a paid service for selling game items. 4. ''Kal-Point' is Kal-CASH provided by the Company free of charge. Article 14 [Application Method] 1. All users (for using Kal-CASH) must provide correct and complete information in all required fields in the application form. 2. ‘User’ must fill the correct information and Company regards the information as true. Article 15 [The protection of personal information] 1. Company shall use the personal information of its members only for the purpose of providing the services described in this User Agreement, and shall not provide the personal information to a third party without the user's consent. Except, the personal information may be disclosed in the following cases: (1) When there is a request from a law enforcement agency for the purpose of criminal investigations in accordance with relevant laws. (2) When there is a request from a government agency in accordance with the procedures prescribed by relevant laws. 2. Other matters related to the protection of personal information shall be in accordance with Company 's ' GAMEAGIT User Privacy Policy '. Article 16 [The consumption of Kal-CASH] 1. User has put Kal-CASH to use in allowed contents. 2. Company is not responsible for the impossible case of service as act of Providence. (System error and etc.) 3. User may be eligible to receive compensation for any losses which result from the content's damage, injury and elimination by a serious flaw in the service. 4. The balance of Kal-CASH is not beared interest in your account. 5. ‘Kal-Point’ that Company offered will be expired in 180 days. Article 17 [Kal-CASH Refill] 1. A GAMEAGIT account is required to refill Kal-CASH. 2. In case of Kal-CASH charged in an error by user’s negligence, Company should not guarantee. 3. Kal-CASH can be refilled by credit card, SKRILL, Xsolla, Paypal and provided payment method by Company. 4. Users paying are considered to have agreed to the terms of service (or agreement). Article 18 [Approval of Kal-CASH Payment] 1. The Company has the right to deny user request or cancel approved membership in the following cases: (1) When the User failed to pay the fee, or when the payer cannot be identified. (2) When the User use a stolen credit card. (3) When it's deemed impossible to accept due to other reasons provided by the User. 2. The Company has the right to suspend the approval until the problem is solved in the following cases: (1) When considered impossible to provide adequate services due to lack of service facilities. (2) When there are service errors. Article 19 [Kal-CASH transfer & Item Gift] 1. Definitely, The Kal-CASH transfer is not allowed. However, user can give a present for a gift (not Kal-CASH) by the official Services pages. 2. Company can change the purchase's limit. 3. In case of gift transferred in an error by user’s negligence, Company should not guarantee. However, in case of malfunction, Company should assure the reward. Article 20 [The available period of Kal-CASH] 1. Kal-CASH remaining in account and website not logged in over six months will be deleted. Article 21 [Refund] 1. Kal-CASH is refundable if user applied in the following case, according to the standard procedures. (1) When there were no contents for using after purchasing Kal-CASH. (Except, a good excuse to maintenance or already noticed) (2) When the service was over as an inevitable case, any Kal-CASH that's left over are refundable. (3) Kal-CASH can be refundable by its employees in case of misconduct by other members. 2. When one of it applies to Article 22, clause 1, user who want to refund should accept applications according to the Company's procedures. If that happens, Company should refund to user who has a fair reason after closer inspection. 3. Except in the case Article 22, Clause 1 Kal-CASH is non-refundable under all circumstances. The usual: In respect of permanently restrained account by agreement, Kal-CASH agreement or C/S policy, any Kal-CASH that's left over are non-refundable. Article 22 [Service Suspensions] 1. The Company can stop Kal-CASH service in the following case. (1) When it's unavoidable due to system repair or construction. (2) When the telecommunications service is suspended by the telecommunications provider licensed in accordance with the telecommunications Business Act. (3) When there are unavoidable reasons. Article 23 [Exemption from Responsibility] 1. Company shall not be held responsible when it's regarded unable to provide the services due to overwhelming problems such as natural disasters. 2. Company shall not be held responsible for the User's own problems that disrupt the services. 3. Company shall not be held responsible for the User's loss of profit and any other losses to the User caused by the data obtained through the services. 4. Company shall not be held responsible for the reliability and accuracy of the information provided by the members. Article 24 [Competent Court] 1. Legal disputes over fees and services shall be submitted to the competent court in accordance with the Korean court. Chapter 4 Responsibilities Article 25 (Company's Responsibilities) 1. The Company shall repair or recover system errors without delay to provide continuous and stable services, except when the errors are caused by are natural disasters or emergencies. 2. The Company must take actions at once when a user makes a reasonable comment or complaint. Except, when it is not possible to take immediate actions, the Company must notify the user of the reason and schedule on the bulletin boards of a website or through other means of communication. 3. The Company shall make efforts to convenience to the users in concluding the User Agreement, modifying the terms of use and other procedures and contents related to the User Agreement. Article 26 (User Responsibilities) 1. The User must immediately notify the Company of any changes to personal information (address, phone number, e-mail address, etc.) by updating the user account information. The Company shall not be responsible for any losses to the User caused by the information that is not updated or changed incorrectly. 2. When choosing a user or character ID, the User may not use the following ID's or names. (1) Names that can be confused with the operators. (2) Names containing obscenities (3) Names that are antisocial or against the National Security Law (4) Names that infringe trademarks or the copy right law. (5) Names that are determined to be vulgar or profane. 3. The User shall not do the following activities when using the Services. (1) Acts with criminal purposes or intent. (2) Acts of treason (3) Acts that are immoral or threat to social order. (4) Acts that violate other people's rights or are disrespectful (5) Acts involving abusive languages or obscenities (6) Acts involving harassment, threat or abuse against a specific player (7) Act of representing the Company or operator (8) Acts involving illegal modifications of client programs, server hacking or website modification (9) Acts involving the use of program bugs (10) Act of advertising other company's products in game servers or websites (11) Act of using the Services or websites for the purpose of selling illegally copied software in game servers or websites. (12) Act of distributing contents in game servers or websites without the permission of the copyright holder (13) Act of exchanging personal or important information that can invade the privacy of others. (14) Act of using the Services based on racism, sexism, religion or fanaticism. (15) Act of transferring a user account (user rights or position gained by this User Agreement) to a third person. (16) Act of selling characters or items for cash without the consent of the Company 4. The User shall sell or carry out marketing activities without the consent of the Company. 5. The User must observe the terms in this User Agreement and the Law, and shall not damage the reputation of the Company or cause interference to the Services. Chapter 5 Use and Limitations of Service Article 27 (Service Hours) 1. In principle, the Services are provided 24 hours a day, 365 days a year, but can be suspended temporarily for reasons of computer/communication network repair, maintenance and replacement, or for other technical reasons. 2. The Company shall notify the users in advance of the reason and schedule for temporary service suspension. 3. The Company has the right to divide the Services in certain categories, and set the service hours for each category. In this case, the Company shall notify the users in advance. Article 28 (Service Suspension without Prior Notice) 1. In the following cases, some portion of or all the Services can be suspended without prior notice. (1) When there are unavoidable reasons such as communication failure in the telecommunications the telecommunications provider licensed as prescribed the Telecommunications Act. (2) When there is a serious bug that can damage the users' systems, and there is not enough time to notify the users before taking necessary measures. (3) When there are overwhelming problems such as war or natural disasters. 2. The Company shall notify the users of the reasons and schedules even afterwards on the websites or through other means when unable to provide the Services due to the reasons stated above. Article 29 (Change of Contents in the Services) 1. The game contents can be changed during online and offline updates when making additions to the Game(ex_X-Trap), releasing a new patch or making changes necessary for the Game. 2. Changes of game contents for service improvement or solving problems can be notified afterwards. 3. In case of Paragraph 1 of Article 29, Company regards that User agreed to changing the game contents. Article 30 (Service Restrictions) 1. The Company has the right to limit the Services or cancel this User Agreement according to the degree of seriousness when the User violates the terms and conditions described in Paragraph 5 of Article 26. 2. The Company shall give a prior notice or penalty points before limiting the services when the User's violation of the terms is considered minor. 3. The Company shall notify the User of the reason, schedule and penalty period before taking measures such as service restrictions on the websites or through other means, except when deemed necessary to take emergency measures. 4. The User has the right to object to the Company's decision to limit the Services after being notified of the service restrictions according to the above terms by making an objection through a message in the game, bulletin board, e-mail, visit or fax, and the Company shall respond to the objection within the specified time frame. 5. The Company shall immediately lift the service restrictions when the objection is found to be reasonable or the reason for service restrictions no longer exists. 6. The Company has the right to refuse to provide the Services temporarily or permanently to the users whose membership has expired according to Paragraph 3 of Article 26 and Article 31, or when this User Agreement has been terminated according to Paragraph 3 of Article 6. Article 31 (Service Inquiries) 1. The User may make inquiries on services or user rights through the homepage bulletin board, fax or visit. 2. Except, it may take more time for the Company to take necessary measures when the inquiry is sent by means other than the specified bulletin board or fax. Chapter 6 Grievance settlement and Etc. Article 32 (compensation for damages) 1. Company is not responsible for user’s damages at free services. 2. A particular service offerer should be responsible for user’s damages with their reason. 3. In respect of permanently restrained account by agreement, account, item and Kal-CASH are non-refundable. Article 33 (Exemption clause) 1. Company shall not be held responsible when it's regarded unable to provide the services due to overwhelming problems such as natural disasters. 2. Company shall not be held responsible when the telecommunications service is suspended by the telecommunications provider licensed in accordance with the telecommunications Business Act. 3. Company shall not be held responsible when it's unavoidable due to system repair or construction. 4. Company shall not be held responsible for the User's own problems that disrupt the services. 5. Company shall not be held responsible for the reliability and accuracy of the information provided by the members and 6. Company shall not be held responsible for the User's loss of profit. 7. Company shall not be held responsible for any loss of game money, level and Exp. 8. Company shall not be held responsible for any other losses to the User caused by the data obtained through the services. 9. Company shall not be held responsible for any information, data, confidence of truth, Accuracy and etc. in user’s statements. 10. There's no obligation to intervene in a dispute between users. Also, there's no responsibility for any loss about that. 11. Company shall not be held responsible for any loss of using free service. Article 34 (Legal Rights and Regulations) 1. Legal disputes between the Company and Users regarding the Services shall be submitted to a civil court. 2. The Korean Law shall be applied to settle lawsuits between the Company and Users. This Agreement is effective from March 13. 2006.