１. Definitions of the terms used in the Terms are as follows.
① “Site Owner Member” (the "SO Member") means a member who is in a profit-making business for users using the Service and the hardware system provided by the Company through a separate contract with the Company.
② “Content Provider Member” (the "CP Member") means a member who provides the Company with the game content ("Content") running on the hardware system of the Company through a separate contract with the Company, and receives a profit distribution in accordance with the terms and conditions of the aforesaid contract.
③ “Installer Member” (the "Installer Member") means a member who installs the hardware system provided by the Company at the SO Member’s store and register such installation in the Management System.
2) "ID" means a combination of unique letters and numbers assigned by the Company for identification of the Member and use of the service in accordance with the Member’s application.
3) "Password" means a combination of letters and numbers set by the Member and registered with the Company in order to verify the identity of the Member by the ID.
4) "Management System" refers to the NEXPERIENCE Store Management System (http://nexperiencevr.com/manager) and means an Internet-based website which manages stores and contents, one of the online services provided by the Company to the Member.
5) "Content Management System" means a program that executes the Content provided by the CP Member in the hardware system provided to the SO Member by the Company (the “Play”).
6) "Service" means all of the following activities provided by the Company to the Members through the Management System or the Content Management System.
① The SO Member can pay for the Content usage by purchasing paid products such as the Play Points (as defined below) and the Bonus Points (as defined below), and view and manage the Content usage details and store information in the Management System.
② The SO Member may Play the Content after logging into the Content Management System with the ID and the Password defined in the Terms.
③ The CP Member can check the Play record and accounting details of the Content provided by the CP Member in the Management System.
④ The Installer Member can register the hardware system provided by the Company in the Management System for normal operation.
7) "Play Point" means online products received equivalent to the amount paid by a business operator to the Company. (The official name of the Play Points may change in the future).
8) "Bonus Point" means what the Member receives in compensation for the Play Point products purchased through the Company, or products provided to the Member necessary for the operation and provision of other Service as determined by the Company (the official name of the Bonus Points may change in the future.)
２. Any terms herein not defined in Article 2.1 of the Terms shall be governed by relevant rules and regulations or general customs and practices.
1. The Company shall post the terms and conditions of the Terms, the name of the business, the address and contact information of the business on the Management System web page for the Member.
2. The Company may amend and modify the terms and conditions of the Terms to the extent that it does not violate the relevant rules and regulations.
3. If the Company amends the Terms, the Company shall publish the effective date and reasons for the revision together with the current Terms on the website seven (7) days prior to the effective date or notify the Member by sending an email to the most recent email address entered by the Member. However, in the case where the amendment to the Terms may negatively affect the Member, the Company shall publish it on the website thirty (30) days prior to the effective date and notify the Member by sending an email to the most recent email address entered by the Member. The amended Terms will take effect on the published or notified effective date.
4. The Member must check the amendments and changes to the Terms through visiting the Management System regularly or checking an email. The Company shall not be liable to the Member for any damages incurred in not being aware of the terms and conditions of the amended Terms.
5. The Member who does not agree to the amended Terms may terminate the Agreement at any time or express his/her/its disagreement with the amendment to the Terms. However, despite the notice in Article 3.3, any Member who does not terminate the Agreement after the effective date of the amended Terms or continues to use the Service shall be deemed to have consented to the amended Terms.
The Company" may, if necessary, establish individual terms and condition and operating rules (as the "Individual Terms, etc.") for each individual provision of online agreement, and if there is a conflict between the Terms and the Individual Terms, etc., the Individual Terms, etc. shall prevail.
1. A user who wishes to receive the ID for the use of the Service shall agree to the terms and conditions of the Terms either online or offline and provide the Company with any information required by the Company. (Such required information, including email address, may vary depending on the type of service the user wishes to receive).
2. After going through procedures verifying the information of the user applying for the ID and approval of the said application by the Company, an agreement for the use of the Service shall be formed.
3. The Company may disapprove the application for any of the following or may withdraw its approval upon discovery at a later time.
1) Applying under the name of another person
2) Missing registration details or providing incorrect registration details
3) If a user has a poor credit rating
4) If a user does not meet the Company’s facility and equipment standards required to provide the Service
5) When a user applies for the purpose of violating the rules and regulations or hindering social order and morals.
6) When a user whose agreement has previously been terminated due to violation of laws or the Terms applies
7) If a user does not meet the business registration requirements set by the applicable law
４. The Company may limit the approval of a user's application for membership until each of the following has been resolved.
1) If it is determined that no satisfactory online service may be provided due to insufficient online service facilities of a user
2) If an online service failure occurs
3) If it is difficult to approve due to force majeure such as natural disasters
The Service period during which the Company provides the Service to the Member shall be subject to the period specified in a separate business agreement.
3. The Member shall strictly manage his/her/its password, etc. to prevent exposure to others, and the Company shall not be held responsible for the personal information exposed due to any cause attributable to the Member.
4. The Company may provide personal information of the Member to third parties within the limits of the rules and regulations, if any one of the following cases applies:
1) The Member agrees to disclose in advance
2) When necessary for settlement of charges relating to service provisions
3) When there is a violation of the Terms posted on the website and other terms and conditions such as terms and conditions of membership services or operating rules
4) If there is a sufficient ground to believe that the disclosure of personal information is necessary in order to take legal action against any Member causing emotional and/or physical harm to others by using the Service.
5) If in compliance with the applicable rules and regulations or if there is a request from an investigating agency in accordance with procedures and methods prescribed in the applicable rules and regulations for the purpose of investigation.
6) Providing advertisers, partners or research organizations in a form that cannot identify specific individuals for statistical writing, academic research or market research.
7) When necessary personal information is given to specialized companies operating a customer center to handle complaints and inquiries related to the Member’s use of the Service
8) Providing shipping information (i.e. name, address, phone number) to a tenant or shipping company, necessary for processing, such as delivery of products, if the transaction has been consummated through the Service provided by the Company
9) When a transfer of personal information of the Member is necessary due to a transfer of business (the Company shall notify the facts concerning the transfer of personal information in accordance with the procedures and methods prescribed by the related rules and regulations, such as the Information Network Promotion and Information Protection Act, and grant Member a right to withdraw consent regarding the transfer of personal information)
１. The price of the paid products required for the Service shall be subject to a separate notice by the Company via online and/or in written form.
２. In the event of termination of the SO Member’s use of the Service due to expiration of the agreement period, the Company shall return the amount equivalent to the Play Point amount held by the SO Member at the time of the said termination to the Member.
３. The Company shall return the balance to the Member pursuant to Article 8.2 within two (2) weeks from the termination date of the Service, and the Company shall bear the remittance fee for returning such balance.
４. If the SO Member owes the Company any debt, the Company will return the remaining amount to the SO Member after deducting the debt amount from the above balance.
５. The Bonus Point amount paid by the Company in the form of a service will not be returned.
１. The Member can choose to pay for the purchase amount of the paid product via credit card, real-time account transfer or virtual account. Provided, however, the method of payment may vary depending on the country where the Service is provided.
２. Purchases and deductions of paid products for the Service, including the Play Point will be made in the following order.
1) The SO Member must purchase appropriate paid products in advance, including the Play Point, in accordance with the methods and procedures specified by the Company.
2) If the SO Member is in a profit-making business through the Service, the Company shall deduct the content usage fee notified in advance from the Play Point amount Purchased by the SO Member or confirm the purchase of the Product for the Service.
3) The SO Member will be subject to the Service restrictions if the amount deposited by the SO Member is insufficient to deduct the content usage fee or if there is no purchase history of paid products necessary for the use of the Service. The normal operation of the Service will be available after the SO Member deposits the Play Point or purchases products necessary for the Service
1. The Company shall make the Service available on the day agreed upon by the Company and the SO Member unless there is any force majeure event such as natural disasters.
2. The Company shall repair without delay the Service failure unless there is any force majeure event such as natural disasters.
4. The Company shall handle comments or complaints raised by the Member if they are objectively justified. However, if it is difficult to process immediately, the Member shall be notified of the reason and the processing schedule
1. The Member must provide true, accurate, current and complete information about him/her/itself when applying for an account creation and making any changes to his/her/its personal information.
2. In the event that the Member registers false or another person’s information, the Member shall not claim any rights arising out of or in connection with the Services and the Products.
3. The Member shall comply with the relevant rules and regulations, the Term, the Individual Terms, etc., and other notices.
4. The Member shall not transmit, disseminate or post publicly any false accusation or abusive language that may damage the corporate image or disrupt the business of the Company.
5. The Member shall promptly notify the Company of any changes to the information, and the Company shall not be liable for any damages caused by the Member’s negligence in giving such notification.
1. The SO Member shall not interfere with a customer's use of the online service or refuse to provide online service to a user without just cause.
2. The SO Member may not steal and illegally use another Member’s account, the ID or the Password, or interfere with the Service provision of other SO Member.
3. Any problem that arises from reasons not attributable to the Company during the provision of the Service to a customer by the SO Member shall be resolved under the responsibility of the Member. In this case, the Company may cease providing the Service.
4. The SO Member may not take any technical actions to extend or exploit the online service beyond the scope set by the Company
5. The SO Member shall be solely responsible for the use and management of personal information obtained from a customer for purposes not related to the Service, and if the SO Member collects, infringes and/or leaks the customer's personal information without permission, the Company may cease providing the Service and the SO Member shall assume full legal responsibility for the use and management of personal information.
6. The SO Member shall not intentionally interfere with the operation of the Service provided by the Company, transmit information that may interfere with the stable operation of the Service, and transmit, post, distribute and/or use any material that contains software viruses, computer codes, files and/or programs designed to interfere with the normal operation of telecommunication equipment or destroy such telecommunication equipment
7. The SO Member shall not engage in any activity involving disposition of his/her/its contractual status, including, but not limited to, assigning, giving away, providing collateral, to a third party without the prior written consent of the Company.
8. The SO Member shall not alter and/or modify the Service and/or the work of third parties such as client programs, server programs, firmware, etc.
1. The Member may use the Management System immediately upon the approval of the creation of the ID for the Service. Systems other than the Management System may be provided through the installation and setup procedures specified by the Company.
2. The use of the Service will be operated twenty four (24) hours a day and year round as long as there are no special business and/or technical circumstances of the Company. Provided, however, the "Company may temporarily cease providing the Service for periodic inspection, extension or replacement of the system, and the cessation of the Service due to scheduled work will be announced in advance on the website.
3. In the event of any unavoidable circumstances such as urgent system inspections, equipment failures, excessive simultaneous connections, national emergency, power failure, etc., the Company may temporarily cease the provision of the Service in whole or in part without prior notice.
4. When it is deemed necessary for the operation of the Service, including the Service reorganization, the Company may change the Service content in whole or in part after notifying the Member in advance.
5. The Company may notify a new additional Service in advance via online and provide it for a fee.
1. The Company may provide the Member with various kinds of information deemed necessary for the use of the Service by means of email, letter, mail, management system, telephone, etc.
2. The Company may collect additional personal information with the consent of a business operator pursuant to the relevant rules and regulations for the purpose of improving the Service and/or introducing new services for the Member.
1. The Company may provide the Member with a variety of information deemed necessary for the Service by publishing on the service screen, or provide a business operator with such information by notifying via email, mail, the Management System, telephone or other electronic communication channels.
2. The Company may collect additional personal information with the consent of the Member in accordance with the relevant rules and regulations for the purpose of improving the Service and/or introducing new services for the Member.
3. The Company may place advertisements on its website, service screen, the Management System, email, etc. in connection with the operation of the Service. Provided, however, the Company shall not place advertisements containing contents that damage the Members’s reputation, violate public order and morals, or violate related rules and regulations such as the Information Network Promotion and Information Protection Act and the Copyright Act.
4. The Member agrees to the display of advertisement on the "Service", and the Member shall have no rights whatsoever to any direct or indirect revenue arising from such advertisements.
5. In the event that a transaction occurs among the Member, a customer and an advertiser on the basis of the advertiser's promotional activities posted on the Service or through the Service, the Company shall not be liable for any damages arising out of the transaction.
1. In the event that the Member intends to terminate his/her/its agreement for use of the Service, the Member shall apply for termination of the Service in the manner specified by the "Company".
2. The Company shall complete the termination procedure within seven (7) days from the date of application for the online agreement termination of the Member.
The Company may require the Member to make corrections if the Member violates the obligations under Articles 11 and 12 herein pertaining to the use of the Service or falls under any of the following. If the Member fails to take corrective action within seven (7) days of the date of request for correction, the Company may impose restrictions and if such violation is not corrected within seven (7) days from the date of the restriction, the Company may terminate the Service.
1) If registers illegal information in the Member information section or steals the ID, the Password or any other personal information of another person
2) If trades or provides the ID to another person
3) If transmits, posts, emails or otherwise disseminates indecent and obscene information that violates public order and morals, or information, sentences, figures, sounds or videos that may damage the reputation or infringe the privacy of another person
4) If changes the client program of the Company without authorization from the Company, hacks into the server of the Company or arbitrarily changes the website or posted information, in whole or in part.
5) If reproduces, uses for publication and broadcasting, or provides to a third party any information obtained through the Service for purposes other than the use of the Service without the prior consent of the Company
6) If interferes with the normal operation by impersonating the management, staff or any other related parties of the Company or by deliberately interfering with the Service
7) If there is a request for correction from the related government agencies such as the Information and Communication Ethics Committee and the local governments in the region where a business operator is located
8) If violates other related rules and regulations, including the Information Network Promotion and Information Protection Act, or the Terms
1) The Company and the Member shall be liable to the other party to the Terms for any damage caused by its intentional or negligent act in connection with the online agreement.
2) The Company shall not be liable for any damages other than damages arising out of its intentional act or gross negligence in connection with the use of the Service provided free of charge.
1. The Company shall not be liable for any disruption or failure of the Service provision due to causes not attributable to the Company.
2. The Company makes no warranties whatsoever regarding the specific purpose or revenue that the Member expects from using the online service.
3. The Company shall be exempt from liability to the Member if falls under any of the following:
1) If suffers damage due to disruptions not attributable to the Company such as delays in accessing due to reasons not clearly recognized by the Company
2) In the case of a free service provided by the Company (except for cases where the Member has suffered damage due to intentional act or gross negligence of the Company)
4. The Company shall not be liable for the provision of the Service in the event that it cannot provide the Service due to natural disasters, war, cessation of service by a telecommunication carrier, or other force majeure events.
5. The Company shall not be liable for damages caused by unavoidable reasons and circumstances, not due to intentional act of the Company or reasons attributable to the Company, including, but not limited to, routine repair, replacement, periodic inspection, construction, etc. of the Service equipment.
6. The Company shall not be liable for damages caused by computer errors of the Member, or inaccurate personal information of the Member, including e-mail address, entered by a business operator.
7. The Company shall not be liable for SO Member’s failure to gain anticipated revenue through the Service or loss of revenue, and for any damages arising from the data obtained while using the Service.
8. The Company shall not be liable for the contents of the information posted on the Service by the Member, including reliability and accuracy of a variety of information, data and facts. Furthermore, the Company shall have no obligation to intervene in any dispute arising through the medium of the Service between the Members and between the Member and a third party, and the Company shall not be held responsible for the damages caused by such dispute.
If the Company has to give notice to the Member, such notice may be posted on the website bulletin board for seven (7) days or more in lieu of individual notice. Provided, however, notices regarding changes to product and service operation policies, and matters related to disruption and repair of the Service will be given separately via email registered with the Company by the Member or the Management System in addition to posting on the website bulletin board.
1. Any matters not specified in the Terms shall be subject to the relevant rules and regulations and commercial practices.
2. Any dispute arising out of the provisions of the Terms shall be settled by the court having jurisdiction over such dispute in accordance with the Civil Procedure Act and the relevant rules and regulations.
3. While the law of the Republic of Korea shall be applicable to disputes between the Company and the Member, such disputes shall be subject to the law of the country where the arbitration takes place as specified in the agreement between the Company and the Member if there is any conflict.