Play! NANOO Service Terms and Conditions

Chapter 1. General Terms

Article 1. Purpose

This service terms and conditions (the “Terms”) aims to stipulate rights and obligations of NANOO COMPANY Inc. (the “Company”) and any customer (the “Customer”) using the Company’s Service (the “Service”), together with other matters related thereto.

Article 2. Definition of Terms

1. “Service” refers to ‘Play! NANOO’, infrastructure service that provides server, storage, database, and network, as well as IT solution service freely accessible from the Customer’s device through a cloud computing method. The Service is composed of different individual services (each “Individual Service”) and the Customer may select and use any Individual Services upon the consent of the Company.

2. “Customer” refers to an individual, a corporation, or a public institution that accesses the Service of the Company, agrees to accept the Terms and uses the Service provided by the Company in accordance with the Terms.

3. “ID” refers to a combination of letters and numbers or the Customer’s email address that is selected by the Customer and approved by the Company for the purpose of identifying the Customer requesting to use the Service.

4. “Password” refers to a combination of letters and numbers chosen by the Customer for the purpose of securing access to said Customer’s account.

5. “Free Service” refers to the part of the Service offered at no charge by the Company.

6. “Paid Service” refers to the part of the Service offered at pre-defined amount of price by the Company.

7. "User" refers to an individual who has been granted the right to use the Service from the Customer in accordance with the usage of the Service provided by the Company.

8. "Post" refers to any information containing characters, documents, drawings, sounds, images, videos or any combination thereof posted by Users in the Service.

9. “Credits” refers to a pricing system, with conditions set by the Company that is applied to specific products for promotion, etc.

10. “Customer Contents” refers to the information and data (as defined in Article 3 Section 1 of the Framework Act on National Informatization, and includes personal information and credit information in case of individuals) the Customer stores or manages through the Service.

11. Any terms not specified in this article shall be defined by the user guide of the Service, the operational policies and related laws and regulations.

Article 3. Posting and Amendment of the Terms

1. The Terms of this Agreement will be posted on the Service page or otherwise notified to the Customer. Customer must agree to the Terms in order to access or use the Service.

2. To the extent permitted by applicable laws, including without limitation the Act on the Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection and the Act on the Development of Cloud Computing and Protection of its Users, the Company may freely amend the Terms as set forth herein.

3. The Company may amend the Terms by notifying of such change by any reasonable means, including by posting a revised version of the Terms through the Company Service website. The Company will post the revised version of the Terms through the Company Service website at least seven (7) days prior to the date any amendment enters into effect specifying the effective date and explanation for the amendment. Provided, however, if any amendment causes adverse effects to the Customer’s rights or obligations, the Company shall give notice of such amendment to each affected Customer at least thirty (30) days prior to the effective date.

4. If the Company notifies an amendment to the Terms in accordance with the terms and conditions thereof together with clear notice that acceptance of the amendments will be deemed to have been given by the Customer if such Customer continues to use the Service for a period of thirty (30) days or more since the notice; and the Customer continues to use the Service without expressing acceptance or refusal of such amendment within thirty (30) days of the notice, the Customer shall be deemed to have agreed to such amendment.

5. If any Customer does not agree to any proposed amendment of the Terms, either the Company or the Customer may terminate the Service Agreement.

6. Consent to the Terms means that the Customer agrees to visit the Service regularly and check changes of the Terms of Services. The Company shall not be eligible for any damage incurred to the Customer for not being informed on changed Terms of Services.

Article 4: Matters Not Specified in the Terms

1. The Company may define specific terms and conditions of use to apply to Individual Service. If the Individual Service’s specific terms and conditions are in conflict with the Terms, the specific terms and conditions of the respective Individual Service shall prevail over the Terms, unless otherwise set forth therein.

2. Any matters that are not specified in the Terms shall be determined by applicable laws, regulations, business practices, and operation policies available at the Company Service website.

Chapter 2. Use of the Service

Article 5: Applying for Service Usage Agreement

1. A Service usage agreement (the “Service Agreement”) shall be formed when an applicant (the “Applicant”) applies for use of the Service after agreeing to the Terms, and the Company approves the application.

2. The Applicant must provide its/his/her real name and true information when applying to use the Service. If the Applicant unlawfully uses a false name or provides false information, the Applicant may not enjoy or claim the rights stipulated in the Terms, and the Company may terminate the Service Agreement.

3. Any personal information provided by the Applicant to the Company when applying for the Service shall be protected in accordance with the applicable laws and regulations as well as the Company’s privacy policy.

Article 6: Formation of Service Agreement

1. If the Applicant truthfully and accurately fills in the information as specified in Article 5 above, the Company will approve the application unless there are special circumstances.

2. The Company may reject or delay the approval of any application to use the Service or terminate the Service Agreement after initial acceptance in the following instances.

 1. If the Applicant did not use its/his/her real name or used another person’s name;
 2. If the Applicant provided false information or did not submit any information requested by the Company;
 3. If the Applicant intends to use the Service for unlawful purposes, such as violations of law or other illegal actions;
 4. If the application cannot be approved due to a cause attributable to the Applicant or if the application violates Company policies;
 5. If the Applicant has any outstanding payment due to the Company;
 6. If the Applicant has a history of delayed payment for fees for using the Service (the “Fees”) or improper use of Service; or
 7. If there are any other reasons, as exemplified in the foregoing paragraphs, that significantly indicate that approval of the application is inappropriate.
 8. If it is deemed considerably inappropriate to approve for the reasons falling under Paragraphs 1 to 7 of this section.

3. If the Company decides to reject or delay any application to use the Service, the Company will notify the Applicant.

Article 7: Notification to the Customer

1. If the Company needs to give notice to a Customer, the Company will use the email address the Customer registered at the time of the application to use the Service, unless specified otherwise in the Terms.

2. If the Company needs to notify all Customers, the Company may make an announcement on the Company Service website for more than 7 days, instead of the method specified in Section 1 above. Provided, however, this section shall not apply to any notification of a change that affects the Customer’s rights and obligations in a disadvantageous way.

3. The Customer must keep contact information (e.g., email address, mobile phone number, and landline phone number) up to date at all times, so that Company notifications can be received. Please note that the Company will not be held responsible for any disadvantages caused by failure to update the contact information.

Article 8: Type of Individual Services and Changes

1. The Company shall post the type, details, and prices of Individual Services, as well as details related to Individual Services on the Company Service website, including without limitation, the Terms, separate terms and conditions of Individual Service, operation rules, etc. The Customer must fully understand the details posted on the Company Service website and apply for the Individual Service based on the pertinent information.

2. The Company can add or change the type or price of any Individual Service, provided, that, the Company will post any new information on the Company Service website or notify the Customer according to Article 7. For the avoidance of any doubt, if any change affects Customer rights and obligations in a disadvantageous way, the Customer will be notified according to the conditions specified in Article 7, and the Customer holds the rights specified in Article 3 Section 5.

3. If any Service is terminated, the Company will notify the discontinuation or termination of the Service more than sixty (60) days prior to such service termination.

Article 9: Providing the Service

1. The Company will, in principle, provide the Service 24 hours a day, 7 days a week. Notwithstanding the foregoing, however, the Company may make an exception and limit part or all of the Service as necessary, such as for the purpose of conducing equipment checks, or if the Service cannot be used properly due to force majeure events, including without limitation, equipment failure or a spike in Service use.

2. The Company may conduct a routine check if necessary for providing the Service, and the routine schedule shall adhere to the announcement on the Company Service website.

Article 10: Management of Customer Account

1. The Customer shall be responsible for managing its/his/her own Customer ID and Password, and shall be responsible for preventing any third-party use.

2. If a Customer becomes aware that its/his/her ID and Password has been stolen, or is being used by a third party, the Customer shall notify the Company immediately and follow the Company’s guidelines.

3. The Company may restrict the use of any ID in the event there is a risk of unauthorized disclosure or leakage of personal information, or the ID misleads third parties to believe the ID is associated with the Company or the Company’s operator.

4. The Customer shall be responsible for any liabilities that arise from violating the obligations of this Article. The Company shall not be liable for any disadvantages that occur from the Customer violating the obligations of this Article or from not following the Company’s instructions or guidelines.

5. The Company may limit the number of accounts an individual Customer can create and hold in accordance with the Company’s policies. Further information will be posted through the Company Service website.

Article 11: Change of Customer Information

1. The Customer can check and modify its/his/her own personal information at any time on the personal information management page at the Company Service website. However, the Customer cannot be protected from any disadvantages resulting from the provision of false or illegal information.

2. If the Customer’s information changes after application to use the Service is submitted, the Customer must modify the information on the Service website or notify the Company of the change using email or other methods.

3. The Company is not liable for any disadvantages caused by incorrect personal information provided by the Customer or the Customer’s failure to notify the Company of any changes.

Article 12: Assignment and Related Change of Customer Information

1. No Customer may, without the Company’s prior consent, transfer or assign or otherwise dispose, including without limitation, creation of encumbrance or donation, its/his/her rights and obligations under the Service Agreement or other rights to use the Service to any other person.

2. However, if an automatic succession of the Customer’s rights and obligation under the Service Agreement by a third party (the “Successor”) is to occur by way of inheritance, merger, divestiture or like events, the Customer and the Successor must immediately notify the Company in accordance with the procedures determined by the Company together with documentation that can verify the succession of legal standing due to inheritance, business mergers, divestitures, etc.

3. In case of any change to the Customer information pursuant to Section 2 above, it is the Successor’s responsibility to fully understand the legal obligations, responsibilities, and terms and conditions of this Term and the Service Agreement prior to actual succession. In case any trouble or problem occurs with respect to or arising from the succession, the Customer and its Successor shall be jointly and severally liable.

Article 13: Termination or Suspension of Service by the Company

1. The Company can terminate or suspend Customer’s right to use the Service without prior notice, in the following instances:

 1. If the Customer has not paid their bill by the end of the payment month;
 2. If the Customer has transmitted or mediated large quantity of information or advertising information that can deteriorate the stable operation of the Service, or if similar action has occurred;
 3. If operation of the Customer’s program on the Company’s server interrupts (or there is a risk of interruption of) other Customer’s system operation or results in failure or suspension (or there is a risk of such failure or suspension) of the Company’s operation of the Service
 4. If the network that provides the Service is affected due to abnormal excessive traffic related to the system operated by the Customer through the Service;
 5. If the Customer uses the Service for the purpose of hindering national or public interests;
 6. If the Customer’s use of the Service violates applicable laws or acts against morals or public order;
 7. If the Customer’s behavior harms the reputation of or causes disadvantages to others;
 8. If the server used by the Customer is, or is suspected to be, hacked or becomes, or is suspected to be, infected by a virus;
 9. If there are legal grounds to discontinue the Customer’s use of the Service, including, without limitation, when a third party files a report on infringement by Customer Contents;
 10. If a government agency requests or orders temporary shutdown of the Service in accordance with legal procedures; or
 11. If the Customer accesses or uses the Service by evading the conditions to use the Service, the Terms or other restrictions stipulated by the Company (including generating several accounts in order to enjoy special benefits or free trial service).
 12. If the Customer breaches any applicable laws, the Terms or other conditions to using the Service set by the Company.

2. If the Company suspends the Customer’s use of the Service in accordance with Section 1 above, the Company must notify the affected Customer of the reason and usage suspension period, and formal objection means to the affected Customer. In addition, the Company will reinstate the Customer’s rights to use the Service without delay when the reason related to Section 1 has been resolved or is no longer in effect.

3. The Company may terminate the Service Agreement if the cause for suspension continues not to be remedied. In such case, the Company will notify the Customer using the methods specified in Article 7.

4. The Company may invoice Fees accrued during the period of Service suspension.

Article 14: Temporary Suspension of Service

1. The Company can temporarily suspend the Service in the following instances:

 1. For unavoidable reasons, including without limitation unavoidable equipment repair and maintenance reasons;
 2. If there is a risk that normal service operation can be hindered, such as national emergency, failure of Service equipment, or a spike in service usage;
 3. If the Company cannot in practice provide stable Service due to unavoidable reasons, such as natural disasters;
 4. If the telecommunication service provider (as defined in the Telecommunications Business Act) has discontinued its telecommunications service.
 5. If the Company is severely compromised, in the events such as business merger, de-merger, transfer, abolishment, and profit loss from the Service.

2. The Company must notify Customer of any Service suspension in case the event described in Paragraph 1 of Section 1 above occurs at least one (1) day in advance using the notification method registered by the Customer or by posting on the Service access screen or the Company Service website.

3. The Company may temporarily suspend the Service without prior notice in case any events described in Paragraphs 2, 3 or 4 of Section 1 above occurs.

Article 15: Suspension or Termination of Service by the Customer

1. If a Customer desires to suspend or terminate the Service Agreement, the Customer must notify the Company via the procedures and methods posted on the Service website. The Company shall suspend the Service according to the suspension schedule or terminate the Service Agreement on the date requested by the Customer under normal conditions. However, if there are any unpaid Fees due on the day the Customer has requested termination, the termination procedure will be completed only after outstanding payment is made in full.

2. The Customer must manually back up their data saved in the server that they have used during the Service usage period before terminating the Service Agreement.

3. In the event that the Customer stops the use of servers as part of the suspension of the Service usage set forth in Section 1 above, the Company may reclaim all the resource previously provided in accordance with relevant laws and regulations and privacy policy. The deleted information will not be restored for any reason.

Article 16: Termination of the Service Agreement at Company’s Discretion

1. The Company may terminate the Service Agreement at its sole discretion, without further discussion with the Customer, in the following instances:

 1. If the Customer does not take proper actions within the period stipulated in the Service Agreement regarding outstanding Fees;
 2. If the information in the application form to use the Service is found to be false;
 3. If the Customer inflicts losses upon the Company by intentionally interrupting the Company’s Service operations
 4. If the Customer uses the Company's Services for the purpose of cryptocurrency mining
 5. If the Customer violates the Customer’s obligations stipulated in Article 27 (Customer’s Obligations) and fails to resolve such breach within a reasonable period after the Company requests the Customer to resolve such breach;
 6. If the Customer fails to take appropriate actions within a reasonable period after requests are made by the Company under Article 13 (Termination or Suspension of Service);
 7. If the Service used by the Customer is suspected of being exposed to DDoS attacks, hacked or infected with virus;
 8. If a government agency requests termination of the Service via due legal procedures because the Customer’s purpose and method of using the Service violate domestic or international laws;
 9. If it is necessary, under Privacy and Information Processing Policy on Personal Information Retention Period, to remove personal information the Customers, who has not used the Service for 1 year or longer.

2. If an event described in Section 1 occurs, the Company can request the Customer to resolve the problem within a specified period. Notwithstanding the foregoing, however, if the Customer fails to take necessary actions to resolve the problem, the Company may terminate the Service Agreement.

3. If the Company terminates the Customer’s use of the Service for the reason in Section 1, the Customer shall not be entitled to claim damages from the Company.

4. In case any Individual Service is not used for a period of one (1) year or longer since the signing of Service Agreement, the Company may terminate the service agreement regarding the Individual Service by giving prior notice in accordance with Article 7.

Article 17: Post Management

1. In the event that a post of the Customer or the User includes contents that violate related laws such as Act on Promotion of Information and Communications Network Utilization, Information Protection and Privacy and Information Processing Policy, and the copyright law, the proper authority holder may request the Customer or the User to delete the post, and the Customer shall take action in accordance with the relevant laws and regulations.

2. In the event that there is any reason to believe that an infringement of rights has occurred, or that Company policies or related laws and regulations have been violated, the Company may take temporary measures against the post even if the request is not made by the authority holder pursuant to the preceding section.

3. The detailed procedures in this Article shall be in accordance with the provisions of the Act on the Promotion of Information and Communication Network Utilization, Privacy and Information Processing Policy, and the copyright law.

Article 18: Usage Limitations on a Spam Sender

1. The Company may restrict the Service or terminate the Service Agreement if the Customer using falls under the following categories, related to sending Spam mail (for the purpose of the Terms, the advertisement information for the purpose of making profit transmitted or posted unilaterally by contradicting the overt intention of the recipient to block the sender shall be referred to as "Spam"):

 1. If the Korea Communications Commission or the Korea Internet & Security Agency has detected the Customer’s Spam activities and requests usage suspension;
 2. If the Customer has sent a large quantity of Spam and caused system failure of the Service, or if there is a risk of such failure; or
 3. If the receiver of the Spam requests to be unsubscribed but the Customer continues to send Spam.

2. If the Customer does not respond to the Company’s request regarding actions against Spam complaint, the Customer shall be charged with civil and criminal liabilities for advertising information for commercial purposes sent or posted unilaterally against the receiver’s explicit expression of rejection.

Chapter 3. Fee and Management

Article 19: Fees for Using the Service

1. The Company shall post the details of the Fees and its modification on the Service website.

2. With Customer’s agreement, the Fees may change, which are applied every first day of the month.

Article 20: Service Fee Calculation and Settlement

1. Price estimation for the Paid Service shall start from the moment the Paid Service begins to be provided to the Customer by the Company.

2. Service charges are calculated monthly from the first of the month until the last day of the month.

3. If the Customer’s use of the Service commences in the middle of any calendar month, Fees shall be calculated based on a per diem basis from the date Service commences until the last day of the applicable month.

4. In case the Customer enters into a pricing plan contract for volume and usage period for the Paid Service (the "Contract-based Pricing Plan"), the Company shall charge monthly service usage fees as agreed with the Customer.

5. The Customer may change or cancel the Contract-based Pricing Plan in the middle, but may be restricted in accordance with the following methods and conditions:

 1. In case the Customer cancels Contract-based Pricing Plan, discount prices during the contract period shall be charged in sum as penalty on the following month of termination;
 2. For the extension or change of contract period/volume, no penalty shall be incurred, and changed discount rate shall be applied, not retroactively, but for the rest of the contract period from the date of application; and,
 3. It is not possible to reduce contract period/volume.

6. In case the Customer has subscribed to Contract-based Pricing Plan, resources shall be available for more or less than contract volume, and the specific conditions shall be as follows:

 1. If less resources are used than the contract volume, the Company shall charge prices for the contract volume and any remaining resources shall not be transferred to the following month; and,
 2. If more resources are used than the contract volume, the Company shall charge prices applied with the same discount rate on such exceeding resources.

Article 21: Payment of the Fee and Billing

1. The Company will issue an invoice to a Customer for the Fee for the current month on the 7th day of the followingmonth and the Customer shall pay the invoiced amount on or before the payment due date specified by the Company in advance.

2. Payment methods for Fees are as follows:

 1. Credit card
 2. Bank account transfer (For Customers of Contract-based Pricing Plan)

3. The Company shall send an invoice for the Service fee in advance to ensure that the Customer receives it at least five (5) days prior to the payment due date.

4. The Paid Service, shall be automatically paid with payment information of the Customer on every payment cycle.

5. If the Customer does not pay the Fee by the 15th of every month, the Company shall notify the Customer of the unpaid fee via email. Additional charges will be added on the unpaid Fee (2% of the unpaid amount every month) and invoiced again.

6. If the Customer does not pay the Fee by the end of the following month, the Company may terminate the Service according to the procedures and methods in the Terms and posted on the Service website.

7. The Company may request debt collection agencies for the collection of outstanding debts of the Customer who failed to make payments for 3 months, so as to get reimbursement for unpaid balance.

Article 22: Fee Payment Obligations

1. The Customer bears the responsibility for paying the Service Fee.

2. In case payment is not properly made due to reasons, including going over credit limits, unpaid balances and penalty charges will be combined and charged.

Article 23: Objections to Invoice

1. If the Customer has disputes with any invoiced Fee, the Customer can file a formal dispute against the Company in writing.

2. The Company must notify the Customer with the Company’s decision within fifteen (15) Business Days of receiving the formal dispute. If the Company cannot notify the Customer of the decision regarding the dispute within the designated period, the Company must notify the Customer of the reason for the delay.

Article 24: Fee Refunds

1. If the Company finds that the Customer has paid the Fee excessively or incorrectly, the Company can offset the excessive or incorrect payment amount against the next month’s Fee of the Customer.

2. If the Customer requests a refund of the excessive or incorrect payment amount prior to the Fees being offset in accordance with Section 1, the Company shall return the amount to the Customer.

Article 25: Credit Service

1. The Company may provide the Customer with Credits available for the Service, according to the policy of the Company.

2. Detailed classification, cost amount, method of use, period and limit of use of Credits shall be displayed on the Credit or Service page. The Company may specify the type and content of Credits.

3. Credits cannot be withdrawn or refunded in cash, and shall be lost when they are expired or the contract is closed.

4. Credits cannot be assigned to others, except when it is explicitly specified on the Service page, and cannot be used for inappropriate or unjust purposes.

5. When the Customer has acquired Credits with inappropriate or unjust means, the Customer cannot use Credits and the Company may take them back.

Chapter 4. Responsibilities of the Parties

Article 26: Obligations of the Company

1. The Company strives to provide the Service requested by the Customer in a stable and continuous manner.

2. If failure occurs that hinders the normal operation of the Service, the Company will repair or restore the Service as soon as practicably possible and aims to operate the Service stably.

3. The Company will process the opinions or complaints justly raised by the Customer immediately or within the period and according to the procedures set by the Company.

4. The Company can collect and retain the Customer’s personal information according to the privacy policy posted on the Service website in order to operate the Service smoothly. The Company may not provide the Customer’s personal information to a third party without the Customer’s consent. However, an exception can be made if the Company is requested to provide the Customer’s personal information if required under applicable laws, including without limitation, warrant issued by a court or other legal agency for the purpose of investigation in accordance with relevant laws and regulations.

5. The Company will not access Customer Contents or handle data for any purpose deviating from those set forth in the Terms. However, Customer Contents may be accessed and handled if it is required to provide a smooth service, such as handling errors and failures or protection of Customer Contents.

6. The Company will obtain Customer’s consent if the Company needs to delete or change Customer information obtained in accordance with Section 5 above in order to provide smooth Service. If there is no Customer consent or if the Customer refuses, the Company may suspend the Company’s operation of the Service or the Customer’s use of the Service in accordance with the procedures set forth in Article 13 Section 2 above if the operation of the Service is disrupted.

Article 27:Obligations of the Customer

1. The Customer has an obligation to pay the Fees on or before the specified due date.

2. The Customer may not disturb the Company’s operation of the Service or another Customer’s use of the Service.

3. The Customer may not use the Service website or any bulletin board run by the Company to distribute, post, or link obscene information, illegal information, harmful information, or illegal gambling information. The Customer may not use the Service to commit acts in violation of domestic or international laws. In addition, the Customer shall be responsible for all matters related to the Customer’s use of the Service including without limitation, ownership and management of Customer’s service and products or Customer Contents.

4. In the event that the Customer processes, manages, uses or otherwise accesses any personal information of a third party using Service, the Customer shall be responsible for managing and protecting such personal information pursuant to relevant laws and regulations, and the Company shall bear no responsibilities or liabilities for any related consequences, losses, or damages including without limitation, leakage of the third-party’s information.

5. The Customer shall not defame, or infringe any intellectual property rights such as copyrights of the Company and other third parties.

6.The Customer shall not apply the Service as part of personal benefits, sales, advertisements, or political activities, without consent of the Company.

7. If the Customer inflicts any damage to other Customers or a third party by distributing or sending illegal software or spam emails via the Service, the Company shall bear no responsibility and the Customer shall indemnify and hold the Company harmless against all obligation, losses, damages, claim raised against the Company.

8. The Customer may not send or post data containing software viruses designed to disturb or destroy the stable operation of the Service, other computer codes, files, or programs.

9. The Customer shall be responsible for fully understanding, familiarizing and adhering to applicable laws, the Terms, guidelines and precautions published on the Service website and instructions of the Company. The Customer may not otherwise interfere with any business of the Company.

10. The Customer may not re-sell or sublease the Service to any third party without the prior consent of the Company.

Chapter 5. Indemnification of Damages

Article 28: Company’s Indemnification of Damages

1. If the Customer suffers any damages related to the operation of the Individual Service because the Company provided less than the Monthly Availability Rate (defined below), due to any fault attributable to the Company, the Company shall be liable for damages in accordance with the following criteria, when the Customer claims indemnification.

 1.Monthly Availability Rate (%) = 100 ⅹ [1- {Total duration of interruption of each Service (in minutes) during one month of using each Service, resulting from faults attributable to the Company/1 month (in minutes) during which the Service was used}
 2. Duration of Interruption: The duration of interruption is measured from the moment the Customer notifies the Company of their inability to use the Service. If the Company becomes aware of an interruption before being notified by the Customer, the duration is measured from the moment the Company acknowledges the interruption.
 3. Monthly Fee: It is an individual service charge among prices subject to discount to which the monthly availability rate is applied due to the service failure caused by any fault attributable to the Company. The same shall apply in Article 27 herein.

2. The Customer, when claiming indemnification of damages shall submit a written claim for damages to the Company that specifies the reason for the claim, the claimed amount, and the basis for the damage calculation. The Company may offset damages amount due to the Customer against the Customer’s monthly Fee.

3. The liability of the Company for damages caused by the Customer’s failure to use the Service shall be limited to damages specified in Section 1 above.

4. This Article shall apply only to the Customers using a paid service of the Company, and the Company is not liable for damages incurred by Customers using the Service free of charge.

Article 29: Customer’s Indemnification of Damages

1. The Customer agrees to indemnify, defend and hold harmless the Company and its affiliates, its respective directors, officers, employees, agents, contractors and licensors harmless against any damages or losses in relation to any claims arising out of:

 1. The Customer’s breach or failure to comply with the Terms, the applicable laws and regulations; or
 2. Any action taken by the Company as part of the Company’s investigation of a suspected breach of the Terms or as a result of a finding or decision that a breach of the Terms has occurred.

2. The damages above shall include, but shall not be limited to, the Company’s legal costs, expenses and/or damages arising in respect of the above mentioned claims.

3. Article 28 shall apply to the process the Company claims indemnification of damages against the Customer.

Article 30: Limitation of Liabilities

1. Notwithstanding anything to the contrary, to the maximum extent permitted by applicable law, the Company shall not bear any responsibility for any loss or damage, whether in contract, tort (including negligence), even if foreseeable, caused by the following causes:

 1. Force majeure, such as a natural disaster or war;
 2. Customer’s intentional act or omission and negligence;
 3. Failure of telecommunication services provided by any service provider other than the Company;
 4. Discontinuation of the Service after giving prior notice due to an unavoidable situation, including without limitation, check-up of the Service, to the extent the Company did not intentionally cause the discontinuation or the Company was not grossly negligent in causing the discontinuation;
 5. If the Company has discontinued the Service due to an announced routine check, as stated under Article 9;
 6. If the Customer’s use exceeds the scope of the Service defined in the Service Agreement;
 7. If damages suffered by any third party are caused by inaccuracy or illegitimacy of information, materials or facts posted on the Customer’s service;
 8. If an intrusion has occurred as the result of the Customer’s failure to adequately manage system security;
 9. If the Service is discontinued due to national emergency, nationwide network failure, or an equivalent force majeure;
 10. If the Service is stopped to prevent the spread of an incident that has occurred in the system of a Customer using the Service;
 11. If a failure occurs on the Service due to an illegal intrusion from outside despite the Company taking protective measures pursuant to applicable laws;
 12. If the Service is stopped to prevent the spread of an incident that has occurred in the information system of the Customer;
 13. If a failure occurs due to equipment, software, application or OS randomly installed by the Customer on the Company’s service; or
 14. If the Customer is using the Service free of charge.

2. The Company, regarding the Service, shall not bear responsibilities for damage or benefits incurred to the Customer, be it indirect, consequential, special or additional, or damage or loss due to loss of advantages.

3. The Customer shall bear the burden of risk when using the Service, which shall be provided 'as it is' and 'as usable', while the Post of the Customer, as well as information and documents, shall be managed at his own discretion and burden of risk.

4. The Company shall not be held responsible for interruption, suspension, or termination of the Service due to reasons attributable to the Customer.

5. The Company shall not be held responsible for loss of profits of the Customer expected on the Service, and not for damage owing to documents obtained from the Service.

6. The Company shall not be responsible for the content of the Post of the Customer on the Service, including its reliability and accuracy, and shall not be obliged to confirm or represent any opinions or information posted on the Service. The Company shall not approve, object, or modify opinions expressed by the Customer or a third party.

7. The Company shall not be obliged to intervene in conflicts occurring out of the Service between members, or the Customer and a third party, or two different third parties, and shall not be held liable for damages.

8. In case the Company is claimed for damages, sued, or objected by a third party other than the Customer, due to the Customer’s illegal acts or violations of the Terms while using the Service, the Customer shall take the responsibility to indemnify the Company at his own expense, and if the Company cannot be indemnified, the Customer shall compensate for all damages incurred to the Company.

Article 31: Governing Law and Jurisdiction

1. The Terms will be governed by the laws of the Republic of Korea, without regard to its principles of conflicts of law and regardless of the Customer’s location.

2. Each of Customer and Company hereby irrevocably consents to the exclusive jurisdiction and venue in the Seoul Central District Court, and waives any jurisdictional, venue or inconvenient forum objection to such court. Notwithstanding the foregoing, the Seoul Central District Court’s decision and holding shall be enforceable in any court at Customer’s or Company’s location.

Article 32: Disclaimer

1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR AS TO THE SERVICES BEING UNINTERRUPTED, ERROR FREE, FREE OF HARMFUL COMPONENTS, SECURE, OR NOT OTHERWISE CAUSING DAMAGE OR LOSS OF FUNCTIONALITY OR DATA.

2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO THE CUSTOMER.

Article 33: Severability

If any term herein is adjudicated by a court or tribunal of competent jurisdiction to be void or unenforceable, the validity or enforceability of the remainder of the terms herein shall remain in full force and effect.

Article 34: No Waiver

The Company’s failure to enforce any right or failure to act with respect to any breach by the Customer under the Terms will not waive that right nor waive the Company’s right to act with respect with subsequent or similar breaches.

Article 35: Trade Law Compliance

As a condition to the Customer’s purchase and/or use of the Service, Customer agrees to comply with all applicable data protection, import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including the EU Dual Use Export Controls, the US Export Administration Regulations, the International Traffic in Arms Regulations, international and country-specific economic sanctions programs. For the avoidance of any doubt the Customers (and their end users, wherever applicable) are solely responsible for compliance related to the manner in which the Customer chooses to use the Service, including the transfer and processing of Customer Contents, the provision/use of Customer Contents to/by end users in the Company’s regions in which any of the foregoing occur. As all Customer Contents uploaded by Customer or its end-users may be hosted at the Company’s servers world-wide, Customer shall not (and the Customer shall cause its user not to) upload any content listed on any applicable trade restriction lists. The Customer represents and warrants that the Customer is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority.

Article 36: Language

All communications and notices made or given pursuant to the Terms shall be in the Korean language. Provided, that, the Company may provide English translation of the communications and notices for convenience purpose only. In case the Company provides an English language translation of the notices and/or the Terms, the Korean text of such notices and/or the Terms will control in case of any conflict. Notwithstanding the foregoing, however, the Customer may communicate or give notice to the Company in either the Korean or English language.

Appendix

The Terms shall enter into effect on Mar. 1, 2019.