Terms of Service
Chapter 1 General Rules
Article 1. Purpose
The purpose of the Terms of Service ("Terms") is to define rights, obligations, responsibilities, and other necessary matters between AppsTree (the "Company") and the users (hereinafter "Members") using the "Hello Seafood 2" service (the "Service") provided by the Company.
Article 2. Definitions
The definitions of terms used in this agreement are set as follows. Terms undefined herein shall be interpreted in accordance with relevant laws and legislations, the Terms of Service, Privacy Policy, and other operation policies of the "Company", or the commercial customs.
- "Hello Seafood 2 Service" refers to a game service by which a "Member" can open and run his/her own shops.
- "Member" refers to a customer who logs into the Service, signs an agreement for use with the "Company" in accordance with these Terms, and uses the Service to open and run shops.
- "Application" refers to a program that enables the Member to install and use the Service on his/her mobile device.
- "Refund" means that the Company returns cash equivalent to the remaining game cash to the Member.
Article 3. Effectiveness and Amendment of Terms
- The Company shall post the Terms of Service on the front page of the Application as a fixed menu so that the Member can easily access the contents.
- The Company may amend the Terms within the scope of not violating relevant laws and international conventions.
- In case of revision of these Terms, the Company shall post a public notice with a clear statement of the application date and the reason of amendment as well as the current Terms of Service seven (7) days prior to the application date. However, if the amendment is unfavorable to the Member, the Company shall not only extend this notification period for thirty (30) days prior to the application date.
- The Member has the right to disagree to the amended Terms of Service. If the Member does not agree to the amended Terms of Service, he/she has the right to terminate the agreement for use. Notwithstanding the clear statement of the Company, when it gives a notification pursuant to the previous clause, that the Member would be deemed to have agreed with the amended Terms of Service if he/she does not express any opinion within thirty (30) days, if the Member does not show any disagreement explicitly, the Member shall be deemed to have agreed with the amended version of the Terms of Service.
- Any matters not provided herein shall be handled in accordance with relevant laws and legislations or the commercial customs.
Chapter 2 Entering into the Agreement for Use
Article 4. Agreement for Use
- The Member shall be deemed to have agreed to these Terms if he/she reads the Terms and selects "Agree" in the process of opening the shop.
- The agreement for use shall be entered after the person who wishes to use the Service agrees to the Terms of Service, applies for a membership, and the Company approves the application.
Chapter 3 Use of Service
Article 5. Use of Service
- Upon its approval of the Member's request for use, the Company shall provide the Member with services. In case it is incapable of starting services for operational or technical reasons, the Company shall announce such delays on the Service or notify the Member immediately.
- In principle, the Service is provided all year around, 24 hours a day, 7 days a week. However, for operational issues including but not limited to regular maintenance check, expansion or replacement of the Service system, all or part of the Service may not be provided for a period specified by the Company. In this case, the Company shall notify the Member of the suspension of the Service in advance.
- The Company may suspend the Service temporarily without any prior notice or warning if it is unable to provide the Service for the reasons including but not limited to unscheduled maintenance check, expansion or replacement of the Service system, national emergency, power failure, breakdown or downtime of the Service facilities, or excessive use.
- The Company may specify service available times for the Service. In this case, the Company shall announce the service schedule publicly in advance, except for the cases when the Service is disrupted for reasons beyond the control of the Company.
- The Company shall provide a free application for mobile devices, such as smart phones, tablet PCs, smart TVs, and other mobile devices with WPS or GPS receiver. The Member may download and install this application and use the Service on one of the devices specified by the Company. The configuration and functions of the free application may vary depending on types of mobile devices and mobile carriers.
Article 6. Contents of the Service
- The Service is a social network game in which the Member opens his/her own shop and communicates with his/her friends.
Article 7. Rights and Responsibilities for Member Information and Postings
- The Member shall have the exclusive rights and responsibilities for all postings that he/she publishes on the Service, including Member Information, writings, and images.
- The copyright and other intellectual property rights of a posting written by the Company shall vest in the Company.
- The Member may read Member Information and postings of other Members in accordance with the instructions or means specified by the Company. The Member is explicitly prohibited a) to remove, change, or delete Member Information and postings of other Members unless the Member has a due right, b) to publish, transmit, link, or distribute the Member Information and postings of other Members, c) to change or hide the names or nicknames of the original authors of postings, and d) to modify the Member Information or the titles of postings of other Members and publish and post them without their permission.
- The Member shall not disturb the public order, harm traditional custom, or violate the rights of others in the course of using the Service. The Member shall not post, transmit or distribute Member Information or postings that may contain virus, adware, or spyware or that may contain contents that violate the copyrights or other intellectual property rights of third parties. The Member shall be solely liable for all consequences thereof.
- The Company may delete or unregister the Member Information or postings indicated in Clause 4 without a prior notification or the consent of the Member, and the Company shall not be liable for the loss of information or postings.
- The Member allows the Company and third parties authorized by the Company to use his/her Member Information or postings for the following purposes:
① The Member Information or posting that the Member posts within the Service may be exposed to search results, the Service, and related promotions, and may be posted modified, copied or edited within the scope necessary for the exposure. In this case, the Member may request the Company to delete or close his/her Member Information or posting at any time by contacting the Company's customer service center or using the administration menu within the Service.
② The Company may allow third parties, including but not limited to mobile device manufacturers, mobile carriers, PMP manufacturers, providers of Wibro, web services or IPTV, and other businesses, organizations, or individuals that have partnership with the Company, to use Member Information or posting of the Member for comerical or non-commercial purposes. However, the Company shall not provide these partners with personal information of the Member without his/her prior agreement.
③ The Company may provide other Internet portal providers with Member Information or postings of the Member in the form of search results, but within the scope that the Member agrees to open, in order to promote the Service.
- The Company shall obtain the Member's consent via phone, fax, or email to use his/her Member Information and postings for other purposes or by other means specified in the above provisions.
Article 8. Use of the Application
- The Member may download the Application from wired/wireless application markets provided by the manufacturer and mobile carrier of the Member’s mobile device or from the Download page within the Service, and install and use it on his/her mobile device.
- The Member shall neither try to avoid, alter, or abuse security technologies or software used to implement part of the Service or the Terms of Service nor encourage others to do such prohibited actions. The Member shall be solely responsible for all consequences of violating this provision.
Article 9. Service Fee
- Different fees are charged for each fee-based item.
- The Company may charge the Member for a fee-based service in accordance with the payment process of the wired or wireless application market provided by the manufacturer and mobile carrier of the Member’s mobile device, or with the payment process specified by an electronic payment service provider contracted with the Company.
- Refund for each type of fee shall be processed as set forth in the following provisions:
① For all fee-based services including characters and items, in case the defects or errors in the Service provided by the Company seriously disrupt the Member's using a fee-based service, the Company shall compensate the Member by canceling its fee charge or refunding the fee paid by the Member, and the Member may demur to the Company.
② The Company shall not be liable for any problem that may arise from defects or errors of an open market service. The Member may ask the provider of the open market service in question to solve the problem.
③ The Company shall not be liable for the payment that the Member made by mistake or misunderstanding.
④ The Member shall be responsible for protecting his/her personal information and credit information. In case another person makes a payment by obtaining such information that is disclosed due to the Member’s careless management, the Member shall not be able to demand a refund.
⑤ The Company may accept objections from the Member in accordance with the procedure set forth by the Company. The Member shall demur within seven (7) days from the date when the event in question occurred. After this period expires, the Member shall not be able to raise objections, and the Company shall not be responsible for any compensation.
⑥ The Company shall validate the justification of the Member’s objection. If the Company acknowledges the justification of his/her objection, the Company may compensate the Member by recovering his/her game cash and items.
⑦ If the provisions of these Terms conflict with the refund policy of the open market service, the terms of the open market service controls.
- The service fee charged by the Company does not include a fee for data traffic, which shall be charged in accordance with the billing policy of the mobile carrier that the Member has subscribed.
- Except as otherwise provided by law, the Company may reject the Member’s request a refund for damages incurred by identity theft and false payment or the Member's request for providing him/her with personal information of the person who makes a payment in the Member’s name.
- In case the Company amends the policies on the contents or items of the game it provides, the Company may invalidate fee-based services and items to which the new policies apply before the expiration dates of the services and items in question. The Company shall post a public notice of the extinction of the fee-based services and items on its webpage for more than one (1) month before their extinction date. Only for the Members who bought the fee-based services and items, the Company may compensate them with new contents equivalent to the value of the services and items that are calculated based on their remaining effective periods.
Chapter 4 Termination of Agreement and restrictions on Use
Article 10. Termination of Agreement and Restriction on Use
- In case that the Member conducts actions as listed below or the competent authorities such as Korea Communications Standards Commission request, the Company may terminate the agreement with the Member without a prior notification, or may restrict his/her use of the Service for a certain period and delete his/her postings in question without a prior notification:
① Actions that are counter to social morals such as posting obscene contents or having obscene websites linked within the Service for the purpose of sharing.
② Actions such as distributing information, phrases, figures and voices of the contents which disrupt public order or morals.
③ Action that is defaming or insulting.
④ Actions infringing the right of the Company or a third party such as copyrights and intellectual property rights.
⑤ Actions producing, importing, transmitting or posting technologies, products or information which are banned from producing, importing, transmitting or posting under the relevant laws and regulations.
⑥ Actions regarded as or associated with crime.
⑦ The act of hacking, distributing viruses or continuously transmitting the contents such as advertisement against others’ will.
⑧ The act of falsely using IDs of other Members.
⑨ The act of collecting, falsely using, storing or distributing other Members' Personal Information.
⑩ The act of impersonating others.
⑪ The act of modifying the originally produced contents or writings posted on the Service.
⑫ The act of stalking or bullying others.
⑬ Actions gaining financial benefits or disrupting a normal operation of the Service of the Company by joining or withdrawing numerous times without significant reasons.
⑭ The act of giving, selling or renting his/her ID.
⑮ Actions that may deem to disrupt the operation of the Service or that violates relevant regulations.
- Upon receiving a new request to use the Service from the Member with whom the Company terminated the agreement in accordance with Clause 1 of this Article, the Company may prohibit the approval of the request for a certain period or may reject the request.
Chapter 5 Obligations and Responsibilities of Parties
Article 11. Duties of the Company
- The Company shall comply with relevant laws and these Terms of Service, and shall make the utmost efforts to provide the Service consistently and stably.
- When the Company receives any complaints from the Member with respect to the use of the Service, the Company shall handle them without delay. If it is unable to respond to the complaints immediately, the Company shall inform the Member of the reasons for its delay and future measures by means of a telephone call.
Article 12. Obligations of Members
- The Member shall provide objective and correct information when applying for a membership.
- The Member shall abide by the relevant laws, provisions of the Terms of Service, and guides for the use as well as the Company’s notices and notifications with respect to the Service, and shall not conduct behaviors that may interfere with the Company’s businesses.
- The Member shall not use the Service for any commercial purpose without the Company's prior approval, and shall neither distribute nor publish illegal contents.
- The Member shall be responsible for managing and protecting his/her ID and Password. The Company shall not be liable for any consequences incurred from the disclosure of the Member's ID and Password due to his/her negligence, unless such disclosure was caused by the intention or gross negligence of the Company.
- Without the prior permission of the author of a posting or the Company, the Member shall not copy, reproduce, alter, translate, publish, broadcast, advertise, sell, transmit, use in any other form, or provide a third party with the posting or any other information that he/she obtains in the course of using the Service.
- The Member shall not violate intellectual property rights, including but not limited to copyrights, of the Company and third parties.
- The Member shall not use the Service for any commercial purpose without the Company's agreement.
Chapter 6 Compensation and Liability Exemption
Article 13. Compensation for Damage
- The Company shall be responsible for compensating for damages caused by the intention or gross negligence of the Company while the Member uses the Service.
- The Member shall compensate the Company for damages incurred by the Member as a consequence of violating the obligations specified in these Terms or using the Service.
Article 14. Limitation of Liability
- The Company will not be liable for its incapability of providing the Service if such incapability of performance is attributable to an event of force majeure or natural disasters.
- The Company will not be liable for a Member’s inability to access to or use of the Service for any reason directly attributed to the Member. However, this liability exemption shall not apply when the Member has an unavoidable or valid reason.
- The Company will not be liable for the reliability and accuracy of any content including information, data, or facts relating to the Service posted by Members.
- The Company will not be liable for any transactions or trades made between Members or between a Member and a third party via the Service.
- To the maximum extent permitted by applicable law, the Company will not be liable for any consequences resulting from using free services provided by the Company.
Article 15. Dispute Resolution
- The laws of the Republic of Korea will govern any claim that might arise out of or relate to these Terms.
- All disputes arising in connection with the Service will be brought solely in a competent court designated by the Code of Civil Procedure.
[Supplementary Provisions]
- (Entry into Effect) These Terms of Service are effective as of May 5, 2015.