Silkroad online Terms of Use

Chapter 1 General Rules

Article 1 (Purpose)

The purpose of this agreement between Joymax Co.,Ltd (hereinafter referred to as the "Company") and user is to stipulate the terms and conditions of using the online game 'Silkroad Online', a MMORPG (Massively Multiplayer Role Playing Game) developed and provided by Joymax Co.,Ltd.

Article 2 (Effect and Modification of Agreement)

1. This Agreement shall be effective by clicking button of “Agree” for “Do you agree with this agreement?”, through the game website 'Silkroad Online' (http://www.silkroadonline.net)

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 will be notified to the users through the game website 'Silkroad Online' (http://www.silkroadonline.net) in advance and it will be effective from the date in the notification.

3. Agreement with this agreement includes regularly checking up on modifications of the agreement and regular notifications through the game website 'Silkroad Online' (http://www.silkroadonline.net). Company will not take responsibility for damage due to the user being unaware of modification of agreement and notifications.

4. User has right to refuse modification of agreement and secede owing to it. But if user wants to secede, he/she has to declare refuse within 7 days from the date of applying modification of agreement.

Article 3 (Terms and Definitions)

1. Terms and conditions used in this agreement are as follows.
① As used herein, “service” shall mean the online game 'Silkroad Online' that is in worldwide service through internet.
② As used herein, “user” shall mean any person who has obtained a user account by agreeing to the terms of use for the services through online.
③ As used herein, “user account” shall mean the combination of English letters and numbers selected by user and assigned by company in order to distinguish user and join test.
④ As used herein, “use agreement” shall mean agreement between user and company to use service.
⑤ As used herein, “Silkroad Online account information (hereinafter referred to as the "account information")” shall mean general information like user account, password, name and etc. and game play information.
⑥ As used herein, “password” shall mean a combination of characters and numbers chosen by User and registered by the Company for user identification and protection.
⑦ As used herein, “game character (hereinafter referred to as the " character ") ” shall mean game data included in a user account chosen and controlled by User.
⑧ “Item Mall Service” (used herein as Item Mall) refers to the premium service operating through the Silkroad Online homepage (www.silkroadonline.net) and the game client.
⑨ “Premium Service” refers to the actions and operations related to the purchasing, through the Silkroad Online homepage, of cash needed to use the Silkroad Online game client program item mall.
⑩“Free Service” and “Standard Service” refers to all Silkroad Online services that are not Premium Services

Chapter 2 Service use agreement

Article 1 (Use agreement)

Use agreement shall be effective by user’s request through the game website 'Silkroad Online' (http://www.silkroadonline.net) and company’s approval.

1. Use agreement shall be effective by company’s approval for user’s request.

2. Use agreement shall be made in terms of ID.

3. User’s character ID is tied to the user directly.

4. If the user is an establishment, the name of the establishment must be tied to its IP.

5. Use agreement shall be started with join process made by company and ended with secession process made by company. If the user registers wrong information when he/she joins as a member, the company can restrict use to him/her even though the user joined of their own will. If user does activity that is forbidden by company, company can classify him/her as an illegal user and restrain him/her and block him/her during a given period in order to prevent another victim.

Article 2 (Approval “yes” or “no” for use request)

1. Company can approve or not and cancel approval/agreement at company’s discretion according to below conditions.
① When name is not real name
② Illegal use of someone else’s name (include lineal ascendants/descendants)
③ Omissions and/or mis-statement when user requests use
④ Because of another user’s mistake, approval is not given
⑤ Activity that can violate the public peace, order and/or morals and/or similar behavior
⑥ Activity that is decided as having a bad effect on company’s services.
⑦ Not satisfied with other use request conditions under the Company’s requlations
⑧ Payment of the service fee through the use of anothers’ credit card, wired/wireless phone, or bank account without permission

2. Company may limit approval for use requests by using any method of approval limitation at the company’s discretion because of any of the conditions below.
① When it is difficult to service normally because of service equipment error or overcrowded service use
② When internet service provider stops the service
③ When the Company can not approve because of technical problem and/or other reasons
④ When problems relating to service or problems regarding payment options occur.

Article 4 (Termination of use)

1. User who fufill the conditions below will be considered as a user who has terminated use. The Company can modify and delete his/her account information.
① An account with pre-level 10 characters that has not logged into the game for a period of 6 months, and also has no ‘Silk’ available for the use of the premium service.
② An account that has not been logged in to the game for the past 1 year, which has no ‘Silk’ available for use of the premium service.

Article 5 (Service fee)

1. Premium service is the action of purchasing cash from Silkroad Online homepage that can be used within the Silkroad Online client program Item Mall. Standard service other than the Premium Service is free, and there are no restrictions in playing the game even if the premium service is not used.

2. Apart from this agreement, users must agree to the “Silkroad Online Item Mall user agreement” in order to perform any transactions of the items in the Item Mall.

3. Apart from this agreement, it is the users’ responsibility to check the Silkroad Online Item Mall service policy and cash policy in the “Silkroad Online Item Mall user agreement”, and the company will not be held responsible for problems that occur from not having read the “Silkroad Online Item Mall user agreement”.

4. All Fees and Charges are non-refundable.

5. You have complete responsibility for the fee payments you must make, thus it is your responsibility to manage your financial accounts in order to prevent fraud.

Chapter 3 Responsibilities

Article 1 (Company's Responsibilities)

1. Company shall test to increase stable service and find error/bugs until service closes.

2. Company shall protect against personal information leaks from the system and shall not provide the user’s personal information to a third party.

3. Company shall repair or recover system errors without delay to provide continuous and stable services, except when the causes of the errors are natural disasters or emergencies.

4. 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.

5. Company shall provide notice of the privacy policy and observe related law and the privacy policy.

6. Company shall not send commercial email when user declares user’s refusal.

7. Company shall not use the personal information gathered for the purpose of providing or expanding services, and shall not provide the personal information of a user to a third party without the user's consent. Except in cases, when there is an official request following the procedures prescribed by the law, the personal information may be disclosed

Article 2 (User’s Responsibilities)

1. User must register with their real name and real information without any falsehood when user registers for this service. The Company shall not be responsible for any losses to the User caused by false information.

2. The User must immediately notify the Company of any changes to personal information (email and others) by updating the user account information.

3. User has the responsibility to take care of his/her account and password.

4. User shall not illegally use other’s accounts.

5. User shall not use service by company in any other way and shall not participate in the following activities when using the Services.
① Act of distributing content in game servers or websites without the permission of the copyright holder
② Act of advertising the Company's copyright and intellectual property rights in game servers or websites without the company’s permission.

6. User shall not violate other people's rights

7. 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.

8. User must read regularly and be familiar with the notices posted through the game website 'Silkroad Online' (http://www.silkroadonline.net).

9. User shall not complain of problems that arise due to use of other software not by the Company in conjunction with the Company’s software.

Chapter 4 Limitations and suspension of Service

Article 1 (Service contents and modification)

1. Company provides MMORPC Silkroad Online to user through internet.

2. The game contents may be changed during online and offline updates when making additions to the Game, releasing a new patch or making changes necessary for the game with prior notice.

3. Company shall post notice of system/network maintenance/inspection, modified agreement, event, operation, game update and others through the game website 'Silkroad Online' (http://www.silkroadonline.net). User must read and familiarize themselves with the notice posted on the game’s website 'Silkroad Online' (http://www.silkroadonline.net) on occasion. User shall not damage the reputation of the Company due to failure to do so. But when the damage is considered as critical and clear damage, the Company shall post special notice.

4. Game data like character, item, play information and others can be modified for good operation and manage during service. And back-up data can be used for back up lost information due to not intended bug and/or mistake. In the case of that, latest back-up data will be the restored and any reward will not be given in the basic service.

5. Company can close the service with prior notice under the reasonable reason and any reward will not be given in the basic service.

Article 2 (Use limitation of user)

1. When there are overwhelming problems such as natural disasters, nation’s emergency, serious change of operation and etc., some portion of or all the Services can be suspended without prior notice in the.

2. The Company has the right to limit the services according to the degree of seriousness when the User violates user’s responsibilities, operation policy and others and/or when restore work related with item is needed.

3. Company shall not take charge problems between users in service territories.

4. User is solely responsible for managing user ID, password and character ID, 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. Company shall have right to have all the game information such as user’s account, character, item and etc. and shall have right to add, delete and modify if necessary in game plan and/or operation. Company shall add, delete and modify of game information such as user’s account, character, item and etc. for system change with prior notice.

6. English-speaking world such as Europe, north/south America and etc. is main service territory for Silkroad Online global service, thus local service with mother tongue for better service in other territories can be begun, the use in the territory can be limited.

Article 3 (user suspension or agreement termination)

1. User can request for termination of agreement and/or suspension of service.

2. This agreement shall be terminated from the end time of service.

3. Company shall terminate user agreement or suspend service for given period with notice when user violates Article 2 of Chapter 3 and/or gives damages to company due to his/her mistake (by intention or not). In the case of that, user must make restitution of all damages (include reasonable fee, Legal fee and etc.) to company.

Article 4 (Application of Cookie)

1. Company can use Cookie that record and recall information for better service. Company can make statistical data and use it with all and some of user information for company’s work and transmit Cookie to user’s computer. In this case, user has right to select refusal of Cookie transmission or change browser setting for warning of Cookie reception. But the user is solely responsible for inability to use service that is needed for log-in, if user refuses recording Cookie.

Article 5 (Definition of Hacking)

1. Hacking shall mean acquisition other’s cyber information without permission and breaking it. In the game, character, items and others that is the result by user’s efforts are stolen mainly. And many cyber money, character, items and etc. are copied in a short time, in the result of that, whole order of the game will be broken. All the above behavior is included in hacking.

Article 6 (Process of Hacking)

1. Anyone can not do hacking.

2. Company shall delete account and suspend forever/restore all data before hacking by Article 8.

3. Hacker and user of hacking program will be taken civil/penal responsibility by related Law and company shall not have any responsibility.

Chapter 5 Compensation for Damage

Article 1 (Immunity from responsibility and compensation for damage)

1. All Standard services with the exception of the premium services are offered to the users for free, as applied for through this user agreement Errors may occur in user’s computer, software and etc. from use of this service. Please backup important software, information, data and etc. before using this service.

2. When there are overwhelming problems such as natural disasters, national emergency, company can not operate the service and account, character, items and etc can be lost. But the company shall not be held responsibile.

3. Company shall not take responsibility for service suspension/service error due to user’s mistake.

4. Company shall not take responsibility about damage due to internet service error by internet service provider.

5. Company shall not take responsibility about service suspension/service error due to equipment maintenance, change, inspection, construction and other unavoidable reason that is notified in advance.

6. Company will not be held responsible for any inability on the part of the user to make an expected profit off of their use of this service or damages from any alternative selected use from this service.

7. Company, for situations that the company cannot fully acknowledge that may lead to login delay or user losses because of lag( item loss, experience loss), will not be held responsible.

8. Company will not be held responsible for the factual reality, accuracy of content of documents and transmitted messages from the User in the service and in homepage discussion forum.

9. Company has no responsibility to mediate between conflicts that arise between users or between the user and a 3rd party service or any responsibility toward any compensation for any problems that arise because of this.

10. Company holds no responsibility to compensate for damages caused by the free service (standard service) it offers.

11. Apart from this agreement, the rules for the compensation of damages caused by the premium services are stated in the “Item Mall service user agreement”, and the company will abide by those regulations.

This Agreement is effective from 3/14, 2006.