This document (hereinafter referred to as "Agreement") details the terms and conditions set forth to users (hereinafter referred to as "Users") by Phoenixdarts Co., Ltd. (hereinafter referred to as "Company") for registration and usage of the Internet information services (hereinafter referred to as "Services") offered by the Company.
The following are definitions of terms used in this Agreement.
- a. Services: Information service provided over the Internet and mobile devices by the Company
- b. Company: Phoenixdarts Co., Ltd.
- c. Users: Individual, group, or company that uses the services
- d. PHOENIX ID Card Number: Unique identifier given to authorize the Users for using the services provided by the Company that require registration and membership
- e. Registered Member: Following the registration policy as set forth by the Company, Users becomes registered member by purchasing PHOENIX ID Card to obtain an ID Number.
- f. PHOENIX Shop: A service location that has machine(s) that was sold, leased, or distributed by the Company and provides services for the Users
- g. play navi: A service that displays a list of Users who are playing games at a PHOENIX Shop using a PHOENIX ID Card
- h. PHOENIX Shop Search: A service that displays PHOENIX Shop located near the user using the User's mobile device's GPS feature
3. ID and Password
ID is a unique name selected by the user during user registration process used in combination with card number located on the PHOENIX ID Card sold by the Company Password is an arbitrary sequence of 4 or more characters selected by the user during PHOENIX home page user registration process.
4. Agreement Effectuation and Amendment
- a. This agreement is effectuated when the User agrees to this Agreement and registers as a service user according to the process set forth by the Company
- b. It is assumed that the User has read and fully understood the Agreement when the User clicks on 'I Agree' button attached to this Agreement.
- c. The Company reserves the right to amend this Agreement at any time so long as it does not violate location information protection and usage policies, contents industry policies, customer protection laws and policies.
- d. The company may amend this Agreement without Users' agreement in case a law or a policy change goes into effect that affects this Agreement. In this case, the amended Agreement is effectuated on the date that is specified on the website.
- e. When the Company amends this Agreement, the Company agrees to post the affected policy, the date of effectuation, and the reason for the amendment from 10 days before the effectuation date to a significant period after the date. If the amendment negatively effects the User, the Company agrees to post this information from 30 days before the effectuation to a significant period after the date, as well as notifying the Users electronically (e-mail, SMS, etc.).
- f. If the User does not notify the disagreement of the amended Agreement within 7 days after the effectuation date, it is assumed the User has agreed to the amended Agreement. If the User does not agree with the amended policy, the User has the right to cancel the user Agreement.
5. Governing Law
This agreement is applied on good faith. Any conditions and/or factors not stated in this Agreement are based on standard industry laws and related stipulations.
6. Location Information Services
Location information services provided by the Company are as follows.
- a. play navi service on PC sites, and mobile apps
- b. Provision of nearby PHOENIX Shop information on GPS maps through mobile apps.
7. Usage and Provision of Location Information
- a.In order to provide service using location information, the Company must specify the intent on the usage agreement and acquire the agreement of the Users.
- b.In case of dispute, it will be settled by the local governing laws of the region in which the User resides in at the time the dispute was raised by the User and his/her legal representative. In case the User's residence or address is not clear, or the User resides in a foreign country, it will be settled according to the governing laws as defined by the civil courts.
- c.The company automatically records and archives all information related to usage and provision of location based services for charging fees or customer support between the Company and a third party or the User. This record is to be stored for a period of 1 year.
- d.In case the Company provides location based information to a third party specified by the User, the Company must notify the user when and why the information was provided every time the information is provided to the communication device used to collect the location information. The Company will notify to a specified communication device or e-mail in case of i) below.
- - If the communication device used to collect the location information does not have the capability to receive text, voice, or video messages
- - If the user has requested that he/she be notified through a different means such as online postings
8. Changes to Services and Notification of Such Changes
- a. In case the Company changes or ends the Service, the Company may notify the User of such changes to the e-mail address the User provided during registration.
- b. If the change or end of the Service affects multiple people, the Company may notify the Users through the website and other notification methods.
9. Restriction and Termination of Usage of Services
- a.The company may restrict or terminate the User from using the Services in case of below
- i) The User has intentionally or accidentally disrupted the Company's Services
- ii) The system that is being used for the Service requires maintenance, repair, or upgrade
- iii) The telecommunication service provider stops providing telecommunication services
- iv) The Service is disrupted by a state of national emergency, problems with the systems, or too many Users connecting at the same time
- v) The company decides that the Service cannot be provided due to a critical issue
- b. When the Company restricts or terminates the Service according to the previous item, the Company must notify the User of the reason and the restriction period.
10. Rights of Ownership of Location Information
- a. The User may fully or partially revoke the agreement for providing location based information to the Company or to the third party at any time. In this case, the Company destroys all data collected and archived regarding the location information and the use of that information.
- b. The User may request to the Company a temporary stop in the collection and use of location based information at any time. The Company may not deny this request, and must have a technical system in place to support such a request.
- c. The User may request to view the data listed below, and in case of any errors, may request to correct those errors. The Company may not deny this request without proper reason.
- i) Archived record of the location information that was collected, used, and provided
- ii) Record of location information provided to a third party according to privacy laws or other related laws and the reasons for the provision
- d. The User may execute a. or c. by following a process set forth by the Company.
11. Rights of Legal Representative
- a. The Company must receive an agreement from the User and the User's legal representative for providing location-based services and the provision of the location information to a third party when the user is under the age of 14. In this case, the legal representative has all the rights outlined in section 9 of this Agreement.
- b. The Company must receive an agreement from the User and the User's legal representative when the user is under the age of 14 if it wishes to use the location information or the archived records of the information beyond what is specified in this Agreement. However, the Company is exempt in the following cases:
- i) The company needs the information for accounting purposes
- ii) The information is provided for statistics, study, or market research purposes in such a way that individual users cannot be distinguished or determined
12. Rights of Legal Guardian of Children Aged 8 or Under
- a. For Users that fit the below criteria, the Company assumes that the User has agreed to usage and provision of the location information if a legal guardian has agreed to it.
- i) Children aged 8 or under
- ii) Declared incompetent by law
- iii) Mentally disabled as defined by item 2.2.2 of Welfare of Disabled Persons Act and is seriously disabled as defined by item 2.2 of Employment Promotion and Vocational Rehabilitation of Disabled Persons Act. (This only applies to those who are registered as disabled person according to item 29 of Welfare of Disabled Persons Act)
- b. The legal guardian of the Users defined above who wish to protect the User by agreeing to the use and provision of location information must provide a written letter of agreement along with a proof of legal guardianship to the Company.
- c. In case, the legal guardian agrees to the above, he/she has the rights defined in item 10 of this Agreement.
13. Designation of Person in Charge of Location Information Management
- a. The Company appoints a person in charge of location information management who will be responsible for managing and protecting the location information as well as take responsibility for any issues that arise from the use of such information.
- b. This person is the head of the department that provides location information services.
14. Compensation for Damages
- a. The user may request compensation for damages to the Company in case damage was incurred due to violation of items 15 or 16 of laws related to the location information protection and usage. The Company is liable unless it can prove that the damage was not caused intentionally or accidentally.
- b. The Company may request compensation for damages to the User in case damage was incurred due to the User violating this Agreement. The User is liable unless it can prove that the damage was not caused intentionally or accidentally.
15. Usage Fees
Services is provided free of charge to all registered members who has agreed to this site's agreement and purchased PHOENIX ID Card. However, the following policy applies to additional paid services. The User pays fees set forth by the usage fees policy set forth by the Company for the use of additional services. The Company does not provide additional paid services or renew service usage period unless the User has paid for the services. The Company does not refund usage fees paid by the User for any reason. The Company may change usage fees at any time without prior notice. In case usage fees are changed, the service and additional paid services are notified to the User through the web site.
16. Responsibility and Duties of the User
The User takes all responsibility for any personal information made public by the User as well as any information the User posts. Further, the User exempts the Company from any responsibility in case a dispute or liability claims that arise due to the use of copyrighted materials by the User. Also, the User exempts the Company in case of identity theft of ID and/or password which leads changes of web site information that leads to claims, disputes or liability issues.
17. Duties of the User and Limitation of Usage
The Company restricts the User from the following when using the Company's Services. In case of violation of the policies set forth below, the Company may remove the User and/or delete any posts made by the User.
- a. Actions that violate the laws, rules, or etiquettes
- b. Actions or posts that go against accepted public behavior such as use of overtly sexual description, violent expression, expression that encourages criminal activity, racial discrimination
- c. Actions that give displeasure to the viewers
- d. Actions that promote third party such as a corporation, group, or organization
- e. Actions that deceive the viewers by posting false information
- f. Actions that defames, gives displeasure to, or causes mental damages to third party such as a corporation, group, or organization
- g. Actions that purports to collection personal information for third party such as a corporation, group, or organization
- h. Actions that violate intellectual property rights or copyrights of third party such as a corporation, group, or organization
- i. Actions that disrupt the operations of the Services
- i) Any commercial advertising or linking to external websites that the Company deems excessive or inappropriate
- ii) Attempting to create traffic to the services mentioned in i)
- iii) Distributing harmful computer virus, code, file, and/or program, or posting information on where to find them
- j. Other actions that the Company finds inappropriate
18. Termination of the Services
The Company may terminate all of part of the Services after notifying the Users for a significant period of time. This notice will be made through the website. The Company is exempt from any liability for damages caused by the termination of the Services to the User if the Service was terminated after the notice has been made.
- a. The copyright of any posts made by the User within the Services is owned by the User.
- b. Any posts by the User within the Services may be searchable and used for the promotion of its Services and the posts may be edited for use. The Company will respect copyright policies, and the User may delete, remove from searchable results, or make private any posts through the customer service center or the management features found within the Services.
20. Limitation of Liability
- a. The Company is exempt from any liability for provision of the Services in case Service cannot be provided due to natural disasters and any force majeure events.
- b. The Company is not liable for any disruption of the Services due to User's lapse in his/her duties
- c. The Company is not responsible for the reliability or accuracy of any information, data, or facts posted by the User through the Services
- d. The Company is not liable for any transactions made between the Users or between the User and a third party through the Services
- e. The Company is not liable for any services provides from of charge unless there is a specific law regarding the use of such services
21. Dispute Resolution
- a. The Company may request arbitration from the broadcasting committee according to item 40.2 of telecommunication laws in case disputes regarding location based services cannot be resolves between the parties involved
- b. The Company or the User may request arbitration by personal information dispute resolution committee according to item 33 of Act on Promotion of Information and Communication Network Utilization and information Protection in case disputes regarding location based services cannot be resolves between the parties involved
22. Contact Information of the Company
The Company's name and address is as follows.
- a. Name : Pacific Amusement
- b. General Manager : Jim Gebhard
- c. Address : P.O. Box 504419 Saipan MP 96950
- d. Telephone : 1-670-233-4397
23. Governing Law
This Agreement is to be interpreted according to the existing laws in practice, and in case of any disputes against the User, the governing law is that of the region in which the Company resides in.
- 1. (Execution date) This Agreement is executed from September 00, 2011.
- 2. As of September 2011, the person in charge of location information is appointed as follows.
- a. Person : General Manager Jim Gebhard, Pacific Amusement
- b. Telephone : 1-670-233-4397