Article 1. Purpose
The purpose of these Terms of Use is to specify the rights, obligations and responsibilities of PROXIMA-DX Corporation (hereinafter "PROXIMA-DX") and its service users regarding the use of game services provided by the PROXIMA-DX through mobile devices and associated networks, websites and other services (hereinafter the "services").
Article 2. Definitions
① The terms used in these Terms of Use shall be defined as follows.
"PROXIMA-DX" is an operator that provides services through mobile devices.
"Member" is a person who executes a service use agreement in accordance with these Terms of Use and uses the services provided by PROXIMA-DX.
"Temporary member" is a person who provides only partial information and uses only a part of the services provided by PROXIMA-DX.
"Game services" are the services provided to members through the PROXIMA-DX website, mobile game applications, and other platforms, which also include customer support, information provision, and various related incidental services.
"Mobile device" refers to any device that can download or install contents, such as mobile phones, smartphones, personal digital assistants (PDAs), tablets, etc.
"Account information" refers to the member's membership number, external account information, device information, nickname, profile picture, friend list, and other information provided to PROXIMA-DX by the member, as well as game use information (character information, items, levels, etc.), usage fee payment information, etc.
"Contents" include any and all paid or free contents (games and network services, applications, game money, game items, etc.) digitally produced by PROXIMA-DX in connection with the provision of the services to ensure that they can be used through mobile devices.
"Open market" is an e-commerce environment built for installing and paying for game contents on mobile devices.
"Application" refers to the entire program that is downloaded, installed and used through a mobile device to use the services provided by PROXIMA-DX.
"Game services" refers to the services provided by PROXIMA-DX, and shall mean games and other related services that members use on their mobile devices.
"Affiliate services" are an individual or integrated service provided through an affiliate via a messenger service provider or social network service provider such as Facebook.
"Payment company" shall mean a company that provides a means of electronic payment that can be used in the open market, such as credit cards and mobile phone payments.
“Guest character, Temporary character, etc. " means an account that is temporarily granted without identifying a member through a simplified application process provided by the company.
“Account withdrawal " means that a member cancels a contract for using game services, etc. with the company. "Account withdrawal" is available for each game you are joined for.
“Paid content” means the content obtained by the user through “In-App Purchase”.
"Free content" means content acquired by a user by means other than "In-App Purchase", and includes content received as a free gift or free of charge through an event.
② Terms used in the Terms of Use other than those specified under Paragraph 1 of this Article shall be interpreted as specified in the relevant laws and regulations and service-specific policies, or by general customs and business practices.
Article 3. Provision of Company Information
PROXIMA-DX shall display the following items within the game service for members to be aware of. However, Privacy Terms of Use can be viewed by members through the connection screen.
Name of trade name and representative.
Location address of business office (including address of place where member's complaint can be handled)
Phone number, E-mail address
Business registration number
Mail order business report number
Privacy Terms of Use
Service Terms of Use
Article 4. Effectiveness and Modification of the Terms of Use
① PROXIMA-DX shall post the Terms of Use within the game services or on its connection screen to ensure that the members are aware of them. In such posting, important contents related to the suspension of services, cancellation of subscription, refund, cancellation or termination of contract, disclaimers from PROXIMA-DX, etc. shall be clearly displayed in bold letters, colors, symbols, etc., or through a separate connection screen, etc. so that they can be easily understood by members.
② When PROXIMA-DX revises the Terms of Use, it shall specify the date such revision will take effect, the contents of the revision, the reason for the revision, etc., and shall notify members by posting the relevant information in the game services or on its connection screen at least 7 days before the date of application. However, if the change is disadvantageous to members or is of particular significance, PROXIMA-DX shall make notification 30 days prior to the date of application in the same manner specified in this Article, and also notify members by the method specified in Article 27 Paragraph 1. In the above event, the contents before revision and the contents after revision shall clearly be compared and displayed in an easy-to-understand manner for the members.
③ When PROXIMA-DX revises the Terms of Use, after announcing the revised Terms of Use, PROXIMA-DX shall seek members’ consent to the application of the revised Terms of Use. When PROXIMA-DX announces or gives notice as provided under Paragraph 2, it shall also announce or give notice that if the member does not express or refusal to the revised Terms of Use, it can be considered as consent, and if the member does not express refusal by the effective date of the Terms of Use, the member shall be deemed as having agreed to the revised Terms of Use. If the member does not agree to the revised Terms of Use, PROXIMA-DX or the member may terminate the service use agreement.
④ PROXIMA-DX shall take measures to enable members to inquire and receive answers about these Terms of Use.
⑤ PROXIMA-DX may amend the Terms of Use within the scope that such amendment does not violate related laws and regulations such as the "Act on Consumer Protection in Electronic Commerce,” "Act on the Regulation of Terms and Conditions,” "Game Industry Promotion Act,” "Act on the Promotion of Information and Communications Network Utilization and Information Protection,” "Content Industry Promotion Act,” etc.
⑥ PROXIMA-DX shall not be responsible for any damage caused by the member's negligence due to the lack of knowledge of the revised terms and conditions.
Article 5. Execution and Application of the Service Use Agreement
① The service use agreement shall be executed when a person who wishes to become a member (hereinafter the "subscription applicant") agrees to these Terms of Use, applies to use the service, and PROXIMA-DX accepts the application.
② In principle, PROXIMA-DX shall accept the application of subscription applicants for membership. However, PROXIMA-DX may refuse to accept an application for membership in any of the following circumstances.
The contents of the application include falsehoods, or the user requirements are not met
By using an abnormal technical means, the applicant is attempting to use the service in a country where PROXIMA-DX does not provide service
The application is made for the purpose of performing acts that are prohibited by related laws and regulations, such as the "Game Industry Promotion Act"
The application is made for the purpose of disturbing the social order or public morals
The applicant seeks to use the game services for illegal purposes
The applicant seeks to use the game services for the purposes of generating profits
The applicant seeks to use other player's information or mobile devices without permission
The applicant seeks to apply for the use of a game service on a mobile device restricted by PROXIMA-DX
It is determined that permission or approval is inappropriate due to other equivalent reasons
③ In any of the following circumstances, PROXIMA-DX may withhold approval until the cause or reason is resolved.
PROXIMA-DX does not have sufficient facilities, it is difficult to support a specific mobile device, or there is another technical obstacle to the provision of the services
There is a service failure, service usage fee, or payment method failure
It is deemed as difficult to approve the application for use due to other equivalent reasons
④ Once the Applicant has agreed to these Terms of Use or applied to Use of service, PROXIMA-DX shall immediately make the service available. Provided, That this shall not apply to cases under Article 5 paragragh2
⑤ PROXIMA-DX may provide temporary account of game services for user convenience. Where any of the following case occurs, temporary account’s information or records might be deleted and the account information of the game service used through the temporary account may not be able to link or transfer. In this case, PROXIMA-DX does not guarantee the recovery of account information and is not liable for compensation or damages; Provided that this shall not apply to cases under intentional or gross negligence of PROXIMA-DX
1.Change of mobile device
2.Modifications or initialization of mobile devices
3.Deletion of application in the mobile devices.
Article 6. Rules Outside of the Regulations
Any matters not specified under the Terms of Use or concerning the interpretation of the Terms of Use shall be governed by related laws and regulations or general commercial customs such as the "Act on the Consumer Protection in Electronic Commerce,” "Act on the Regulation of Terms and Conditions,” "Game Industry Promotion Act,” "Act on the Promotion of Information and Communications Network Utilization and Information Protection” and the “Content Industry Promotion Act.”
Article 7. Operational Policies
① Any matters necessary for applying the Terms of Use and the matters delegated by specifying the specific scope under the Terms of Use may be defined as game service operational policies (hereinafter the "operational policies").
② PROXIMA-DX shall post the contents of the operational policies within the community, game services or its connection screen to ensure that members are aware of them.
③ When revising the operational policies, the procedures of Article 4(3) shall be followed: Provided, revisions of the operational policies that falls under any of the following subparagraphs shall be reported in advance in accordance with the method specified in Paragraph 2.
Revision of matters delegated by specifying the scope specifically under the Terms of Use
Revision of matters unrelated to the rights and obligations of a member
Revision of the operational policies within a range that the member can predict, provided that the contents of operational policies do not fundamentally differ from those provided under these Terms of Use
④ In any of the following circumstances, the applicant’s account may be suspended for violating the operational policies: Provided, That if a separate operating policy is posted to the community, the policy shall be applied preferentially
The member engages in acts that cause discomfort to other members, through swearing or slander
The member engages in acts that interfere with the smooth provision and operation of the game, or spreads false information
The member attempts to use his account for commercial advertising or cash transactions (including account transactions and account sharing)
The member leaks the personal information of other customers
The member violates the naming policy
The member takes unfair advantage by exploiting a bug in the software
The member's use or distribution of illegal or unauthorized programs is confirmed
The member uses other people's payment methods without permission or gains unfair profits through abuse of refunds
Article 8. Protection and Use of Personal Information
① PROXIMA-DX shall endeavor to protect the personal information of members as provided under relevant laws and regulations, and the protection and use of personal information shall be in accordance with the relevant laws and PROXIMA-DX's personal information processing policy. However, PROXIMA-DX's personal information processing policy does not apply to any connected services other than those provided by PROXIMA-DX.
② Depending on the nature of the services, contents that a member uses introduce him or herself such as nicknames, character photos, status information, etc. which are not related to the personal information of the member may be disclosed.
③ PROXIMA-DX shall not provide a member's personal information to others without the consent of the member, except where there is a request from a relevant national agency, etc. or pursuant to relevant laws and regulations.
④ PROXIMA-DX shall not be held responsible for any damages caused by a leakage of personal information due to reasons attributable to the member, in any manner whatsoever.
⑤ PROXIMA-DX shall not use personal information for any purpose other than those notified in advance, and if the purpose is achieved, the personal information shall be destroyed without delay in a way that cannot be recovered.
Article 9. Obligations of PROXIMA-DX
① PROXIMA-DX shall faithfully and diligently comply with all relevant laws and regulations, as well as the exercise of rights and the performance of obligations provided under the Terms of Use.
② PROXIMA-DX shall have a security system in place to protect personal information (including credit information) to ensure that members can use the service safely, and shall disclose and comply with its personal information processing policy. PROXIMA-DX shall not disclose or provide the personal information of its members to any third parties except as provided under the Terms of Use and personal information processing policy.
③ As PROXIMA-DX works on improving its services in order to provide continuous and stable services, in the event of an equipment failure or a loss or damage of data, etc., unless it is a natural disaster, emergency, or any obstacle or failure which cannot be addressed with the current technology, MOBRIX shall strive to repair or restore without delay.
④ PROXIMA-DX The company shall endeavor to deal with opinions or complaints raised by its members immediately if it finds them justified; Provided that if finds it difficult to process immediately, the reason for the delay and the processing schedule can be notified by phone number or e-mail entered by the member.
Article 10. Obligations of Members (Users)
① Members shall not engage in any of the following in connection with the use of services provided by PROXIMA-DX.
Providing false information when applying for use or changing member information
Buying and selling, donating or bequeathing, or acquiring and using cyber assets (IDs, characters, items, game money, etc.) through services not provided by PROXIMA-DX or via abnormal methods
Impersonating an employee or operator of PROXIMA-DX, posting or sending emails under the name of another person, impersonating another person, or falsely indicating a relationship with another person
Purchasing paid contents by stealing someone else's credit card, wired/wireless phone, bank account, etc., or illegally using another member's ID and password
Collecting, storing, posting or disseminating the personal information of other members without permission
Executing or inducing speculative acts such as gambling, exchanging or posting obscene or indecent information, linking to obscene sites, posting threatening or disgusting text or audio, sending or distributing threatening or disgusting pictures, photos, or videos to others, or other acts that cause an unhealthy use of the services
Using the service for any purposes other than its original purpose, such as commercial purposes, sales, advertising, public relations, political activities, election campaigns, etc.
Engaging in the unauthorized duplication, distribution, promotion, or commercial use of information obtained through the use of PROXIMA-DX services, or exploiting known or unknown bugs to use the services in an unauthorized manner
Taking profit from others by deception, or harming others in connection with the use of PROXIMA-DX services
Infringing upon PROXIMA-DX's or others' intellectual property rights or portrait rights, or causing defamation or damages to others
Intentionally transmitting, posting, distributing or using any information (computer programs) whose transfer or posting is prohibited by law, including viruses, computer codes, files, and programs, etc. designed to interfere with or destroy the normal operation of computer software, hardware, or telecommunications equipment
Modifying the application, adding or inserting other programs into the application, hacking or reverse engineering the server, leaking or modifying the source code or application data without the permission of PROXIMA-DX, building separate servers, or arbitrarily changing or pirating (plagiarizing) part of the website to impersonate PROXIMA-DX
Using, disseminating, or attempting software, applications, etc. under from Article11 to Article 12
Acts such as paying for money, etc. and requesting others to proceed with the game (substitute fostering, etc.)
Violating other related laws, good customs or other social conventions
② Members shall be responsible for managing their accounts and mobile devices, and they shall not be used by others. PROXIMA-DX is not liable for any damages caused by the poor management of one’s mobile device, or for damages arising from agreeing to or allowing others to use the same.
③ Members shall set and manage a payment password to prevent fraudulent payments in each open market. PROXIMA-DX is not responsible for any damages caused by members’ carelessness with their passwords.
④ If a member receives a refund from [Google Play Store] or [Apple App Store] that is not approved by PROXIMA-DX even though he/she is fully aware that the product is not eligible for a refund, PROXIMA-DX may take civil damages or other legal action or suspension.
⑤ Member shall not engage in business activities that generate property benefits to itself or another by using the service without prior consent from PROXIMA-DX, and the member shall be fully responsible for the results of such business activities.
⑥ If a third party disputes or claims damages against PROXIMA-DX due to the above business activities, the member shall be responsible for indemnifying the company at the member's expense, and PROXIMA-DX may claim compensation for damages caused by the above business activities; Provided that if PROXIMA-DX does not take measures to facilitate the occurrence of damage or prevent damage intentionally or by gross negligence shall be excluded.
⑦ PROXIMA-DX may determine the specific contents of each of the following Subparagraphs, and members shall comply with them.
The member’s account name, character name, guild name, and other names used in the game
Chat contents and method
Method of using bulletin boards and services
Service policy for partnership with external mobile platforms such as Kakao, Facebook, and Google Plus
Other matters deemed necessary for the operation of the game services provided by PROXIMA-DX, within the scope that such does not infringe upon members’ essential rights in relation to the use of the services.
⑧ Member shall check and comply with the provisions of Terms of Use, the precautions announced in relation to the usage guide and game service, and the matters notified by the company.
Article 11. Provision of Services
① PROXIMA-DX shall make the services immediately available to members who have completed the service use agreement pursuant to the provisions of Article 5. However, for some of the services, the service may be started from a specified date required by PROXIMA-DX.
② When providing game services to the members, PROXIMA-DX may provide other additional services including the services provided under the Terms of Use.
③ PROXIMA-DX may classify the membership grades and further classify the usage time, number of times of usage, and range of services provided, etc., to differentiate usage.
Article 12. Use of Services
① Game services shall be provided for a set period of time as determined by PROXIMA-DX's business policy. PROXIMA-DX shall inform members of the hours of provision of game services on the initial screen of the game application or on the notice of the game services in an appropriate manner.If there is no separate indication or notice, it will be provided 24 hours a day.
② Notwithstanding Paragraph 1, in the following circumstances PROXIMA-DX may suspend all or some of the services. In such event, PROXIMA-DX shall inform members of the reason and period of suspension in advance on the initial screen of the game application or notice of the game service. However, should there be unavoidable circumstances in which advance notice is rendered impossible, members can be notified after the fact.
Service suspension is necessary for systems operation such as periodic systems inspection, server expansion or replacement, network instability, etc.
Normal service cannot be provided due to power failure, service facility failure, service usage runaway, equipment maintenance or inspection of telecommunications carriers for a period of time, etc.
Service suspension is necessary due to circumstances beyond the control of PROXIMA-DX, such as war, incidents, natural disasters, or similar national emergencies.
Service suspension is necessary due to respond to electronic infringement accidents, such as hacking, communication accidents, abnormal game usage behavior of members, and unexpected instability of game services
③ In the case of Paragraph (2)1, PROXIMA-DX may suspend the game service for a certain period of time every week or every other week. In this case, PROXIMA-DX shall notify to the member at least 24 hours in advance on the initial screen of the game or on official community.
④ In the case of Paragraph (2)4, PROXIMA-DX may suspend the game service without prior notice. In such cases, PROXIMA-DX may post-announce it on the game's initial screen or on the community
⑤ PROXIMA-DX shall provide the services using dedicated applications or networks for mobile devices. Members can download and install applications and use services for free or for a fee using the network.
⑥ Paid contents cannot be used without the payment of the fees specified for the service. If a member downloads applications or uses services via a mobile network, additional charges may be incurred as determined by the mobile carrier.
⑦ Where applications are downloaded and installed or services used via mobile networks, they shall be provided according to the characteristics of the mobile device or mobile carrier. PROXIMA-DX shall not be held liable in the event that a change in the mobile device, number change, or international roaming make it impossible to use all or some of the contents.
⑧ Where applications are downloaded and installed or services used via mobile networks, there may also be background application activity. Such background activity may incur additional charges from the carrier, and in such case, PROXIMA-DX shall not be held liable.
⑨ Without additional consent of the members, PROXIMA-DX may install or update the programs such as Individual programs, security programs, payment modules, which are necessary for service use, in order to provide better service to members who have applied for service use. However, when installing programs that are not related to the use of services, such as advertising programs, it must be notified to members and installed after obtaining consent.
Article 13. Modification and Interruption of Services
① To support the smooth provision of game services, PROXIMA-DX may modify the services according to operational or technical needs, and shall notify members in advance of the nature of such change within the game service. However, if it is inevitably necessary to make necessary changes such as corrections in bug errors or emergency updates, or if the change is not a serious one, MOBIBIX may give such notice after the fact.
② PROXIMA-DX may suspend the service in its entirety if it is difficult to continue the game services due to serious management reasons such as closure of business due to business transfer, division, merger, etc., expiration of the contract to provide the game, significant deterioration in the earnings of the game services, etc. In such event, the date of suspension, reason for suspension, and compensation conditions, etc. shall be announced through the initial screen of the game application or its connection screen at least 30 days in advance of such suspension, and the member shall be notified by the method specified in Article 27 Paragraph 1.
③ In the case described in Paragraph 2, PROXIMA-DX shall refund paid items that have not been used or have a remaining period of use in accordance with Article 22.
Article 14. Collection of Information
① PROXIMA-DX may save and store the contents of chat between members, and this information is owned by PROXIMA-DX alone. PROXIMA-DX may peruse this information only for the purpose of resolving disputes between members, handling complaints, or maintaining order in the game, and shall allow perusal by third parties only when authorized by the laws and regulations.
② When PROXIMA-DX or third party reviews chat information in accordance with Paragraph 1, PROXIMA-DX shall notify the relevant member of the reason and scope of the perusal in advance. However, if it is necessary to review this information for the investigation, processing, confirmation of prohibited acts under Article 10, or the relief of damages caused by such acts, PROXIMA-DX may give such notice after the fact.
③ PROXIMA-DX may collect and use the member's mobile device information (settings, specifications, operating system, version, etc.), excluding the member's personal information, for the smooth and stable operation of the services and the improvement of service quality.
④ PROXIMA-DX may request members to allow the collection of additional information in order to improve services and introduce member services. Members may accept or reject this request, and PROXIMA-DX shall inform members that they are permitted to reject the request when such request is made.
⑤ If necessary for identification, PROXIMA-DX may notify the member of its use request the member's ID card, mobile identification, or a certificate which can replace it. PROXIMA-DX shall not use personal information for any purpose other than those notified in advance, and if the purpose is achieved, the personal information shall be destroyed without delay in a way that cannot be recovered.
Article 14-2 (Test Service)
1. The Company may provide a test service (hereinafter referred to as the “Test Service”) to users for a certain period for testing purposes.
2. During the Test Service period, contents may be changed or initialized, and such losses may not be recoverable. However, this shall not apply in the case of willful misconduct or gross negligence by the Company.
Article 14-3 (Points)
1. The Company may provide points in the form of a certain percentage of the paid purchase amount under specific conditions.
2. Points may be used to purchase paid content within the game service and are valid for 30 days from the date of accrual.
Article 15. Provision of Advertisements
① PROXIMA-DX may post advertisements within the game services in connection with the operation of the services. Furthermore, only members who have agreed to receive advertising information can be sent such advertising information by email, text messaging service (LMS/SMS), push message (Push Notification), etc. In such event, the member can refuse to receive advertising information at any time, and PROXIMA-DX shall not send advertising information to the member who refuses.
② PROXIMA-DX can link to advertisements and services provided by others through banners or links in the services provided by PROXIMA-DX.
③ In the event that advertisements or services provided by others are connected in accordance with Paragraph 2, the services provided under the relevant area are not in the service area of PROXIMA-DX, so PROXIMA-DX does not guarantee their reliability and stability, etc., and PROXIMA-DX shall not be held liable for any damages caused thereby. However, an exception shall be made if and where PROXIMA-DX deliberately or grossly negligently facilitates the occurrence of such damages or fails to take measures to prevent damages.
Article 16. Reversion of Copyrights
① The copyrights and other intellectual property rights to the contents within the game service produced by PROXIMA-DX shall be reverted to PROXIMA-DX. Member has only the right to use it under the conditions set by the company in relation to the game service.
② Members shall not use or allow any third parties to use any of the information obtained through the use of game services provided by PROXIMA-DX, for which intellectual property rights are reverted to PROXIMA-DX or providers (including editing, publication, public performance, distribution, broadcasting, creation of derivative works, etc.) without the prior consent of PROXIMA-DX or providers.
③ Members authorize PROXIMA-DX to use any communications, images, sounds and all materials and information (including conversational texts) that are visible in-game or uploaded or transmitted by the members or other users through game applications or game services in connection with the game services (hereinafter the “user contents”) under the following methods and conditions:
Use, change of editing format, and other transformations of the user contents (can be used in any form, such as publication, duplication, public performance, distribution, broadcasting, creation of secondary works, etc., and there are no restrictions on the period of use and region)
PROXIMA-DX may not sell, rent, or transfer user contents for commercial purposes without the prior consent of the user who created the user contents
④ PROXIMA-DX shall not use any member's user contents that are not visible in the game and are not integrated with the game service (postings on general bulletin boards, etc.) without the explicit consent of the member, and members may delete such user contents at any time. Right and responsibility for the contents rests with the member itself.
⑤ If PROXIMA-DX deems that any posting or posting within the service posted or registered by a member is prohibited under Article 10, PROXIMA-DX may delete or move it without prior notice, and may also cancel the member’s account.
⑥ Members whose legal interests are infringed upon by the information posted on the bulletin boards operated by PROXIMA-DX may request PROXIMA-DX to delete the information or post a rebuttal. In such case, PROXIMA-DX shall promptly take the necessary measures and notify the applicant.
⑦ This Article shall be valid during the operation of the game services by PROXIMA-DX, and shall remain valid after the member withdraws.
Article 17. Purchase, Period of Use, and Use of Paid Contents
① Paid contents purchased by the members within the game service can only be used on the device on which the applicable application has been downloaded or installed.
② Content obtained through In-App Purchase within the service is attributed to the member's account information. However, temporary members are only available on devices that application has been downloaded or installed.
③ Period of use of the paid contents purchased by members shall be the period specified at the time of purchase. However, if the service is suspended in accordance with Article 13, the period of use of paid contents without a fixed period shall run only until the date of service suspension publicly announced at the time of the notification of service suspension.
④ Content that is used when exchanging for other content in the service or using the content (hereinafter referred to as 'Game content') is divided into Paid content and Free content
⑤ For game content, Paid content will be used first. However, this does not apply if the service specifies a separate priority.
Article 18. Restrictions on Members’ Use of Services
① No member shall commit any act that violates the member's obligations under Article 10, and in the event such an act is committed, PROXIMA-DX may restrict the member's use of services, delete relevant content (texts, photos, videos, etc.) and take any other restrictive measures. The specific reasons and procedures for restricting a member’s use shall be determined by the operational policies of individual games in accordance with Article 19 Paragraph 1.
Partial restriction of character: Restricting schedule permission, such as chat for a certain period of time
Restrictions on character use: Restricting the use of the member’s characters for a certain period of time or permanently
Partial restriction of account: Restricting the use of member accounts, such as writing bulletin boards for a certain period of time or permanently
Restriction on account use: Restricting the use of the member’s account for a certain period of time or permanently
Restriction on members’ use: Restricting the member's use of game services for a certain period of time or permanently
② PROXIMA-DX shall not compensate the member for damages suffered due to such restriction of use if the restriction of use under Paragraph 1 is legitimate.
③ In the following circumstances, PROXIMA-DX may suspend the use of the service of the relevant account until an investigation is completed.
PROXIMA-DX receives a valid complaint that an account has been hacked or stolen
A member is suspected of being a user of illegal programs or of committing an illegal act
Provisional measures for service use are required due to other reasons corresponding to either Subparagraph above
④ If the member is cleared of any wrongdoing after completing the investigation of Paragraph 3, for a paid game service, the member's usage time shall be extended by the amount of time for which it was suspended, or compensation shall be provided with an equivalent paid service or cash, etc.
⑤ Even if another person violates the terms and conditions or operation policies by using the member's character or account, the member's use of game services may be restricted under Paragraph 1
Article 19. Reasons and Procedures for the Restrictions on Use
① PROXIMA-DX shall determine the specific reasons and procedures for the usage restriction measures pursuant to Article 18 Paragraph 1 as operational policies in consideration of the contents, degree, frequency, and results, etc. of the prohibited acts provided under Article 10 Paragraph 1.
② In the event that PROXIMA-DX implements the usage restriction measures provided under Article 18 Paragraph 1, it shall notify the member of the following in advance. However, if it is urgently necessary to take measures, PROXIMA-DX can give such notice after the fact.
Reasons for the restrictions on use
Type and period of the usage restriction measures
How to file an objection against the restrictions on use
Article 20. Procedures for Filing an Objection Against the Usage Restriction Measures
① To file an objection against PROXIMA-DX's usage restriction measures, a member shall submit an objection form providing the reason for the objection to PROXIMA-DX in writing, by email, or in an equivalent manner within 15 days from the date of notification of such measure.
② PROXIMA-DX shall reply in writing, by email, or in an equivalent manner within 15 days of receiving the objection form of Paragraph 1 regarding the reasons for the objection. However, if it is impossible to respond within this period, PROXIMA-DX shall inform the member of the reason and processing schedule.
③ PROXIMA-DX shall take appropriate measures if the reason for the objection is reasonable.
Article 21. Payment
① The imposition and payment of the purchase price for contents shall in principle be governed by the policies and methods established by mobile communications companies and open market business operators, etc. Furthermore, limits on each payment means may be imposed or adjusted in accordance with policies established by PROXIMA-DX or the open market business operator, or government policies.
② When payment for the purchase of contents is made in a foreign currency, the actual billed amount may differ from the price displayed at the service store, etc. due to the exchange rates and fees, etc.
Article 22. Withdrawal of Subscription
① Any member who has executed a contract with PROXIMA-DX for the purchase of paid contents may withdraw from the contract without paying a separate fee or penalty within 7 days of the purchase contract date or within 7 days of the date on which the contents are available, whichever is the later date.
However, unless otherwise determined by operating policies, withdrawal or refund related to service use must be applied directly to PROXIMA-DX through the customer center.
② Where any of the following applies, a member may not withdraw their subscription pursuant to Paragraph 1 against the will of PROXIMA-DX. However, for a purchase agreement consisting of divisible contents, an exception shall be made for the remainder of the divisible contents that do not fall under any of the following categories:
Paid contents for immediate use or application upon purchase
When member have used components or used additional benefits for content that provides additional benefits
Where there is an act of publishing contents that can be considered as a use or whose utility is determined at the time of publication
Contents provided free of charge by the company or Contents acquired in the process of using the service
③ For contents for which it is not possible to withdraw the subscription pursuant to the provisions of any Subparagraph of Paragraph 2, PROXIMA-DX shall clearly specify such fact in a manner that is clear to members, and provide products for the pilot use of such contents (temporary allowance for the use, provision for experiential use, etc.), or in the event that it is difficult to provide such contents, PROXIMA-DX shall take measures to provide information regarding the contents to ensure that the members can exercise their rights to withdraw from their subscription without any hindrance. If PROXIMA-DX does not take such measures, the members may withdraw from the subscription notwithstanding the restrictions on withdrawal from subscription in each Subparagraph of Paragraph 2.
④ Notwithstanding Paragraphs 1 and 2, if the contents of the purchased paid contents differ from the contents of the display or advertisement, or if the contents are performed in a manner that differs from the contents of the purchase contract, members may withdraw from their subscription within 3 months from the date of becoming aware of the fact, or on the date of their knowledge or within 30 days from the date on which they could have known such fact.
⑤ When any member withdraws from their subscription, PROXIMA-DX shall check the purchase history through the platform operator or open market business operator. PROXIMA-DX may also contact the member via the information provided by the member to verify the member's valid reasons for withdrawal, and may request additional proof.
⑥ If the subscription is withdrawn in accordance with the provisions of Paragraphs 1 through 4, PROXIMA-DX shall collect the member's paid contents without delay and refund the payment within 3 business days therefrom. In such event, if PROXIMA-DX delays the refund, the overdue interest calculated by multiplying the overdue period by the interest rate specified in the Article 21 Paragraph 3 of "Act on Consumer Protection in Electronic Commerce" shall be paid.
⑦ If a minor executes a content purchase contract on a mobile device, PROXIMA-DX shall disclose that the minor or his or her legal representative can cancel the contract if it is made without the legal representative's consent. In such case, the minor or the legal representative may cancel the contract with PROXIMA-DX. However, if a minor purchases contents with property which the legal representative has specified and allowed the minor to dispose of, or if a minor presents himself or herself as an adult by deception, or if the minor believed he or she had consent of the legal representative, no cancellation shall be made.
⑧ Whether the contents purchaser is a minor shall be determined based on the mobile device used for the payment, information of the person making the payment, and the name of the person holding the payment method. Furthermore, PROXIMA-DX may request the submission of documentation to prove the identity of the minor and the legal representative in order to confirm a valid cancellation.
Article 23. Refund of Overpayment or Erroneous Payment
① PROXIMA-DX shall refund any overpayment or erroneous payment made by the member in the event such is made. However, if such overpayment or erroneous payment was caused by the member's negligence without willful misconduct or negligence by PROXIMA-DX, the actual cost of the refund shall be borne by the member to a reasonable extent.
② Any payment made through the application shall be made in accordance with the payment method provided by the open market business operator, and if an overpayment or erroneous payment occurs during the payment process, a request for a refund shall be made to PROXIMA-DX or the open market business operator.
③ Communication charges (call charges, data call charges, etc.) incurred by downloading applications or using network services shall be excluded from the refunds made.
④ Refunds shall be made according to the refund policy of each open market business operator or PROXIMA-DX, depending on the type of operating system of the mobile device using the service.
⑤ PROXIMA-DX may contact the member using the information provided by the member in order to process the refund of the overpayment or erroneous payment and request the provision of necessary information. PROXIMA-DX shall process the refund within 3 business days after receiving the information from the member needed for the refund.
⑥ Contents obtained free of charge while using the service without payment, or provided free of charge by the company through internal or external affiliated events are excluded from the refund.
Article 24. Termination of Contract
① If at any time a member determines that he or she no longer wants to use the services, the member may terminate the service use agreement by withdrawing from membership. All game use information held by the member within the game services shall be deleted upon the member’s withdrawal from membership, and recovery of such shall not be possible.
② If there is a serious reason for not being able to maintain the service use agreement, such as any acts committed by the member as prohibited by the Terms of Use and the accompanying operational policies and service policy, PROXIMA-DX may suspend the member’s use of the services for a set period of time or terminate the service use agreement at any time by giving the member prior notice; Provided that in case of member violating the current law or causing damage to the company due to intentional or serious negligence, the contract may be terminated immediately without prior notice.
③ The refunds and compensation for damages under Paragraphs 1 and 2 shall be processed in accordance with the "Content User Protection Guidelines.” Provided, That when purchasing a paid service or where compensation for damage is determined by separate terms and conditions, it shall be followed
④ PROXIMA-DX may terminate the service use agreement of a member who has not used the PROXIMA-DX service for 1 continuous year from the last date of service use (hereinafter "dormant account") in order to protect the personal information of the member, and may also take measures such as destroying the member’s personal information, etc. In such event, the member shall be notified of the fact that the contract will be terminated and that measures such as destruction of personal information shall be taken 30 days before the application of such measure.
Article 25. Compensation for Damages
① PROXIMA-DX or a member shall be liable for damages to another party in violation of the Terms of Use. However, exceptions shall be made if the damage did not occur due to willful misconduct or negligence.
② In the event that PROXIMA-DX executes a partnership agreement with an individual service provider to provide individual services to the member, after the member agrees to the Terms of Use of this individual service, if any damage is caused to the member due to the individual service provider's willful misconduct or negligence, the individual service provider shall be liable for the damage.
Article 26. Indemnity
① PROXIMA-DX shall not be liable for the provision of services if the services cannot be provided due to a natural disaster or an equivalent force majeure.
② PROXIMA-DX shall not be held liable for any damage caused by maintenance, replacement, periodic inspection, construction, etc., of the service equipment or other similar reasons. However, an exception shall be made where there has been willful misconduct or negligence by PROXIMA-DX.
③ PROXIMA-DX shall not be held responsible for any service failure caused by a member's willful misconduct or negligence. However, exceptions shall be made if the member has unavoidable or legitimate reasons.
④ PROXIMA-DX shall not be liable for the reliability or accuracy, etc. of information and materials posted by the members in connection with the service, unless there is intentional or gross negligence.
⑤ PROXIMA-DX shall have the obligation to intervene in transactions or disputes arising from a member's intermediation of services with other members or others, and shall not be liable for any damages resulting thereby.
⑥ PROXIMA-DX shall not be held liable for any damages incurred by members in connection with the use of services provided free of charge. However, an exception shall be made where there has been willful misconduct or gross negligence by PROXIMA-DX.
⑦ PROXIMA-DX shall not be held liable for any failure or loss of the expected benefits from the use of the service by the member.
⑧ PROXIMA-DX shall not be liable for loss of members' in-game experience points, grades, items, game money, etc. However, an exception shall be made where there has been willful misconduct or gross negligence by PROXIMA-DX.
⑨ PROXIMA-DX shall not be held liable for any third-party payments that occur due to a member’s failure to manage their mobile device password, passwords provided by open market business operators, etc. However, an exception shall be made where there has been willful misconduct or gross negligence by PROXIMA-DX.
⑩ If the member cannot use all or some of the contents due to a change of mobile device, change of mobile device number, change of operating system (OS) version, overseas roaming, or change of communication company, etc., PROXIMA-DX shall not be held liable in any manner whatsoever. However, an exception shall be made where there has been willful misconduct or gross negligence by PROXIMA-DX.
⑪ PROXIMA-DX shall not be held liable for any contents or account information provided by PROXIMA-DX that has been deleted by the member. However, an exception shall be made where there has been willful misconduct or gross negligence by PROXIMA-DX.
⑫ PROXIMA-DX shall not be held liable for any damages caused by temporary members using the services. However, an exception shall be made where there has been willful misconduct or gross negligence by PROXIMA-DX.
⑬ PROXIMA-DX shall not be held liable for any failure due to a member's mobile device error, any problems caused by the member's inaccurate entry of relevant information, failure to reflect changes, or any other failure to use the service due to the member's intention or negligence. Provided that if the member has an unavoidable or a justifiable reason shall be excluded
⑭ PROXIMA-DX shall not be held liable for any problems arising from the environment of its members' mobile, PC, or other devices, or due to the network environment without intentional or gross negligence of the Company.
⑮ PROXIMA-DX shall not be held liable for any problems encountered while accessing or using services in an unauthorized country or region.
Article 27. Notification for Members
① When PROXIMA-DX gives a notice to members, it may do so via email, electronic memo, in-game service memo, text message (LMS/SMS), community notice, phone call or in writing.
② When PROXIMA-DX gives a notice to all members, PROXIMA-DX may replace the notification of Paragraph 1 by posting in the game service for more than 7 days or presenting a pop-up screen, etc.
Article 28. Jurisdiction and Governing Law
These Terms of Use shall be governed and construed in accordance with the laws of the Republic of Korea. If a lawsuit is filed due to a dispute arising between PROXIMA-DX and any of its members, the competent court with jurisdiction shall be the court of decision in accordance with the procedures provided under the laws and regulations.
Article 29. Handling of Member Complaints and Dispute Resolution
① PROXIMA-DX shall inform members of how to register their opinions and complaints in the game services or its connection screen for their convenience. PROXIMA-DX shall operate a specialized team to handle such opinions and complaints.
② If PROXIMA-DX objectively recognizes an opinion or complaint filed by a member as legitimate, it shall promptly handle it within a reasonable period of time. However, should the handling of the complaint require a longer period, the reason and the processing schedule shall be announced within the game services or the member shall be informed in accordance with Article 27 Paragraph 1.
③ If a dispute arises between PROXIMA-DX and any member wherein a third-party dispute mediation agency acts as the mediator, PROXIMA-DX may faithfully verify the measures taken against the member such as restrictions on use, and comply with the mediation measures of the mediation agency.
The above Terms of Use shall be applied from August 3, 2023.
- Notification date: July 3, 2023
- Enforcement date: August 3, 2023