PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
Please note that we have other websites and online services which operate from different internet locations, such as gaming websites and services (“Other Netmarble Services”). While the Store may include links to such Other Netmarble Services for the convenience of users, These TOS do not apply to your access or use of such Other Netmarble Services. Other Netmarble Services are governed under a different set of terms and conditions and policies posted at the website or online location where the Other Netmarble Services are provided.
2. Amendment to this TOS. We may, in our sole discretion and with or without prior notice, revise these TOS at any time. We will notify you any revision to these TOS by posting a notice on our homepage at www.netmarblestore.com or by other means, and the revision shall be effective immediately on such posting on the Store homepage unless stated otherwise. If you do not accept these TOS in their entirety, you must immediately leave the Store and cease all use of the Store. Your continued access or use of our Store will constitute your acceptance of the TOS as changed. With respect to your purchase orders, new or amended terms shall apply to your orders received on or after the effective date of such new or amended terms. It is your responsibility to review these TOS periodically to be aware of any revisions.
3. Account.You may open an account to use or access our services at the Store. In addition, you may choose to open a membership account to access and enjoy other benefits offered to members. Please see Section 4 for the terms and conditions regarding membership accounts. To open an account, you must register by providing the complete and accurate information requested on the registration form. You will also be asked to provide your email address, which will be used as your username, and password. Alternatively, you may sign in your social account such as Facebook account to facilitate the registration process. You are entirely responsible for maintaining the confidentiality of your password.
To create an account, you must be at least the age of legal majority in your jurisdiction. We may sell products for children,We reserve the right to refuse service, terminate accounts, remove or edit User Contents (hereafter defined), or cancel orders at our sole discretion.
You may not use the account, username, or password of someone else at any time. You agree to notify us immediately on any unauthorized use of your account, username, or password. We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Netmarble, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
(a) Membership Account. You may apply for a membership account to access certain member exclusive benefits. Membership is available to all qualifying individuals the age of legal majority in your jurisdiction. Each individual may maintain only one membership account.
We reserve the right to accept or refuse membership at our discretion, and membership is revocable without cause. When we approve your application for membership, we will notify you via e-mail at the email address you provided in your application. All information that you provide us must be true and complete, and you must notify us of any changes by updating your account profile at the Manage My Account page or contacting us via email at email@example.com.
You may close your membership account at any time by logging into your account and submitting your request or emailing us at firstname.lastname@example.org. All unredeemed member benefits (such as discount coupons) as well as achieved member status will be forfeited immediately and may not be reinstated or transferred.
Your membership status will be determined on the first day of each calendar month (“Membership Month”) based on the amount of qualifying Purchases made during the six (6) calendar month period immediately preceding the applicable Membership Month (“Measured Period”). Silver, Gold, and Platinum statuses are, therefore, awarded on the first day of a Membership Month based on the qualifying Purchases during the applicable Measured Period (and not when you complete the qualifying cumulative Purchases), and such membership status will expire on the last day of the Membership Month.
As used herein, “Purchase” means qualifying product orders made at the Store that has not been cancelled or refunded. For the purpose of determining a membership status, the Purchase amount means the actual amount paid for the goods, and it does not include any discount amount (for example when you use a coupon), tax, duty, shipping charge, restocking fee, or other charges.
(c) Discount Coupon Benefits for Members. We periodically provide our members discount coupons which may be used at our Store. Discount coupons are subject to offer limitations and restrictions. The detail terms and conditions of coupons will be provided when they are issued.
(e) Current Discount Coupon Program. Currently, we offer members the following discount coupons according to their membership type:
Monthly Discount Coupons
(issued on the first day of each month)
|One (1) 10% discount coupon||Two (2) 5% discount coupons||One (1) 20% discount coupon*, and two (2) 10% discount coupons*||Three (3) 20% discount coupons*, and one (1) 10% discount coupon|
|Birthday Coupons||None||One (1) 10% discount coupon||One (1) 10% discount coupon||One (1) 20% discount coupon|
(h) Effect of Membership Termination. If your membership account is closed or terminated, your unredeemed member benefits (such as discount coupons) as well as achieved member status will be forfeited immediately and may not be reinstated or transferred.
Closure or termination of your membership account does not necessarily result in cancellation of any order you may have placed with us. Any outstanding order may be processed in our sole discretion.
If you closed your membership account, you may not reapply for membership within 30 days from when you last closed the account. If we terminated your membership for any reason, you may not reapply for membership. Any account opened in violation of the foregoing restrictions, as well as all benefits conferred in connection with such account, will be forfeited upon discovery.
5. Limited License. Subject to your agreement and compliance with these TOS, we grant you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable license to access and use the Store for your personal and noncommercial use only.
We reserve the right to revoke the limited license granted to you herein in our sole and absolute discretion. In addition, we reserve the right to change all or part of our Store without any liability to you, at any time without any prior notice to you.
You may not access, use, copy, modify or distribute any of the Store in any manner not expressly authorized under these TOS. You may not reverse engineer, disassemble, or attempt to extract or otherwise use source code or other data from the Store unless expressly authorized by us.
6. Ownership. We do not transfer or grant to you any rights, title, or interests in or related to the Store and associated intellectual property rights except for the limited license granted above. We retain full and complete title to the Store, as well as all intellectual property rights therein. All trademarks, service marks, logos, and trade names are owned by Netmarble or its licensors, and you may not copy or use them in any manner. Any rights not expressly granted herein are reserved by Netmarble.
7. Product Images. The actual colors of our products that you see on our Store will depend on your monitor and device settings. As such, we do not guarantee that the colors of products as displayed on your monitor will be accurate.
8. User Provided Content. We may, in our sole discretion, permit you to submit, post, upload, publish, send or transmit content through our Store.
The term “Content” means any information, data, text, files, images, graphics, photos, audio, video, works of authorship and other content and materials made available or transmitted through the Store. The term “User Content” means any Content that you submit, post, upload, publish, transmit or otherwise make available in connection with your use of the Store or other websites such as Facebook that may interact with the Store, including but not limited to, messages, comments, support requests, and any feedback, idea, or observation on our products and the Store.
As between you and us, you own the User Content that you submit or post to the Store. However, by providing User Content to us through or as a result of use of the Store, you are granting us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license, with the right to sublicense, to use, make, copy, edit, distribute, transmit, publicly display, publicly perform, modify, create derivative works of, translate, reformat, or otherwise exploit User Content for any purpose in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You agree that we may also publish or otherwise disclose your name in connection with your User Content. However, we shall have no obligation to credit or acknowledge you for your User Content or keep any User Content in confidence.
You represent and warrant that you are the sole and exclusive owner of the User Content or otherwise have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above. Furthermore, you represent and warrant that the User Content or our use of the User Content will not infringe or violate a third party’s intellectual property rights, rights of publicity or privacy, these TOS or any applicable law or regulation.
9. Submissions.We do not solicit but welcome your comments regarding our products and services that you may decide to share with us or our user community voluntarily. But do not send us information or share it through the Store unless you are willing to let us and everyone in the world know about it. Any comment or feedback you provide shall be deemed non-confidential.
In addition, we shall have no obligation whatsoever with respect to such unsolicited information, including your ideas or observations on our products and services. On the other hand, we shall be free to use such information without any limitation or compensation to you for any purpose whatsoever. Such information you provide shall be deemed as User Content (described in Section 8), for which you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license (also described in Section 8)
10. Order Acceptance and Cancellation.Subject to applicable law, we reserve the right, in our sole discretion and at any time after receipt of your order, to accept, decline, cancel or limit your order for any reason, whether or not your credit card has been charged or we have received payment. Without limiting the generality of foregoing, we may cancel your order (including accepted orders) based on the limited availability of products, discontinuance of products, failed credit card transactions or inaccuracies or errors in pricing or product information on the Store website. If your credit card has been charged, you will receive a prompt refund credit to your account – usually within 5-7 business days but it may take up to 30 days in certain cases.
In addition, without limiting the generality of our rights described in the preceding paragraph, we may cancel your order (including accepted and processed orders) for the following reasons: (i) inaccuracies or errors in the order information as submitted by you to us, (ii) fraud or misuse of coupons, membership privileges and/or other benefits or programs offered by us, or (iii) violation by you of these TOS. If we cancel your order for cause pursuant to this paragraph, you will be responsible for and agree to reimburse us any and all costs that we may incur in connection with order processing, product shipment, return and restoration, as applicable.
We may also require additional verification or information before accepting any order. When we accept your order, we will send you an order confirmation via email to the email address you specified, indicating our acceptance of your order
11. Order Cancellation by You.You may cancel your order or change the delivery address any time before the order is processed by contacting up at the customer service page of our Store website or emailing your request at email@example.com. Once a product is shipped, your order may be returned subject to the Return and Refund Policy described in Section 17 below
12. Resale. Products available for purchase at the Store are intended for end users only, and they are not authorized for resale. You agree not to resell, offer to sell or distribute the merchandises purchased at our Store for any commercial purposes.
13. Changes in Products and PricingWe regularly update our offerings of products at the Store, and we may discontinue products at any time without notice. We will not be liable for any lack of availability of products featured on our Store. All pricing for the products available on our Store is subject to change. We do not guarantee that goods or services advertised or offered for sale on the Store will be available when ordered or thereafter.
14. Product Price and Payment. Purchase prices for products at our Store may be shown in a currency other than the local currency used in your country of residence. The actual amount charged will vary depending on the exchange rate in effect. Unless we show a different exchange rate applicable to your order on the order information page, the exchange rates published by KEB Hana Bank (“Published Exchange Rate”) on the first day of a calendar month will apply for your orders placed during that calendar month. Published Exchange Rates can be viewed online at https://www.kebhana.com/easyone/foreign/index.do#//HanaBank The Published Exchange Rate can be also reviewed during check out.
Payment methods may vary depending where you are. Available payment options will be displayed during checkout.
15. Shipping.We strive to process order quickly. While most orders are processed within a brief period of time (approximately 12 hours), please allow up to 24 hours for us to respond to your online order.
Shipping charges are based on the shipping method you choose, the delivery location and the size of your product order. The estimate shipping windows and corresponding charges will be displayed during checkout. Please note that the number of days quoted for shipping is an estimate, and delivery dates cannot be guaranteed. Additional time may be required for processing orders, and high demand may occasionally delay shipment. Order tracking will be available at the Store website for some orders, depending the shipping method you choose. Product title passes to you when your order is shipped.
16. Duties & Taxes. Orders that are shipped to delivery destinations other than South Korea may be subject to import taxes, customs duties and fees levied by the destination country.We may include and collect during order checkout any applicable taxes, tariffs and value-added tax (VAT) on your purchases. For some international delivery destinations, you may be permitted to pay duties and taxes at the time of delivery. If the due charges are not paid, the product may be returned back to us, in which event we may, in our sole discretion, treat the return shipment as regular returns, provided that the product is received in such condition that it can be resold as new. You will not be refunded any of the shipping charges for the original shipment and return shipment.
Return Policy. Most products* that are new and unopened can be returned to us within 7 days from when you receive your order. A defective merchandize may be returned for refund or replacement within 30 days from you receipt of the order.
We do not offer exchanges for a different item. If you want to exchange for a different item, you must return your item for a refund (if eligible) and place a new order for the item you want.
Returned products received in any of the following conditions are not eligible for return and may be rejected:
Returned products that are rejected will be either sent back to the customer or disposed at the customer’s expense. The customer will be responsible for the additional cost associated with re-shipment or disposal.
If the purchased product is returned or discarded due to (ii) customer error (such as providing an incorrect or undeliverable shipping address), (ii) customer’s refusal of shipment, or (iii) the destination country’s regulation prohibiting or restricting the import of the ordered product, the customer will be responsible for the additional cost associated with return shipment or disposal, including without limitation, shipping cost, third-party processing fees and/or disposal fees.
18. Compliance with Laws.When accessing or using our Store, you agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content in violation of any third party’s intellectual property or proprietary rights, rights of publicity or privacy, or any applicable law. You shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your user account. The burden of proving that any User Content does not violate any laws or third-party rights rests solely with you.
19. Inappropriate Content.You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is false, misleading, or inaccurate; (b) discriminates against others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or any other classification (c) is libelous, defamatory, obscene, indecent, pornographic, abusive, threatening, violent, fraudulent, unlawful or otherwise objectionable; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.
We may, in our sole discretion, remove, edit or disable User Content for any reason, if we reasonably believe that User Content violates these TOS. However, we do not assume any obligation or liability for screening, removing or not removing such User Content. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these TOS or of any applicable laws.
20. Prohibited Conducts.Use of the Store and our services for any illegal purpose, or any other purpose not expressly permitted in these TOS, is strictly prohibited. Without limitation, you shall not:
21. Indemnity. You agree to indemnify, defend, and hold harmless Netmarble, its affiliates, licensor, vendor and business partners, and their respective officers, directors, employees, consultants, agents, and representatives, from any and all claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising out of in connection with (i) your access or use of the Store, (ii) your violation of these TOS, (iii) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
22. Termination. We may terminate your access and use of our Store (including your access to your account) and revoke your limited license granted herein, with or without prior notice to you, at any time for any reason or for no reason, and without liability to you. Without limiting the generality of the foregoing, if we determine in our sole discretion that you have violated these TOS or that there has been otherwise unlawful, improper or fraudulent use of our Store, we may terminate your use of our Store and delete your account without warning. We may also pursue other recourses against you to the full extent of the law.
Notwithstanding such termination or revocation of any license granted hereunder, all other provisions of these TOS (except the grant of license to you under Section 5) shall survive and continue to apply.
23. No Warranties. THE STORE AND ALL CONTENTS THEREOF, WHETHER PROVIDED BY US, OUR LICENSOR, VENDORS OR USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE STORE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING OUR STORE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. IN ADDITION, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, RELIABILITY, SUITABILITY, QUALITY, TIMELINESS, OR AVAILABILITY OF THE STORE, OR THAT THE STORE OR THE SERVER THAT MAKES THE STORE AVAILABLE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING, VIRUS, OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE STORE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.
24. Limited Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NETMARBLE AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AFFILIATES, AGENTS, LICENSORS AND BUSINESS PARTNERS, SHALL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST DATA, COST OF REPLACEMENT GOODS OR SERVICES, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE STORE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES, AND EVEN IF NETMARBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, STATUTE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU MAY RECOVER ONLY DIRECT DAMAGES IN ANY AMOUNT NO GREATER THAN WHAT YOU ACTUALLY PAID FOR WHILE USING THE STORE. AS SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
NETMARBLE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THOUGH THE STORE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE STORE, AND NETMARBLE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NETMARBLE WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING.
25. Copyright Infringement. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Store. We may suspend and/or terminate any user who is found to have infringed on the rights of Netmarble or of a third party, or otherwise violated any intellectual property laws or regulations. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at:
20th FL. Netmarble Bldg.,
300 Digital-ro, Guro-gu, Seoul, Korea firstname.lastname@example.org
26. Links.We have no control over, and assume no liability for any third-party websites or materials that may be linked to or from the Store. Such links are provided for your convenience only, and the inclusion of such links should not be interpreted as an endorsement of those sites or contents thereof. We make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we are not responsible for the content of those sites.
27. Dispute ResolutionIf you have any claim arising out of the Terms of Service against us, we strongly encourage you to contact our customer support team to seek a resolution. If both parties fail to reach a settlement within 30 calendar days after the first contact occurs, either party may refer such a dispute to the Korean Commercial Arbitration Board in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board. The arbitration is to be conducted before a single arbitrator whom the parties jointly select. If the parties are unable to agree upon the arbitrator, either party may request the Korean Arbitration Association to select the arbitrator.
28. Limitation on Claims. You agree that any claim that you may have arising out of or related to the use of the Store or your relationship with Netmarble must be filed within one (30) days after such claim arose; otherwise your claim is permanently barred.
29. Governing Law. The Terms of Service are governed by and construed in accordance with the laws of the Republic of Korea without regard to its conflict of law provisions. You and Netmarble hereby agree that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of the Service or the relationship between you and Netmarble, shall be brought exclusively to the Seoul Central District Court in the Republic of Korea.
30. Force Majeure. Under no circumstances shall we or our licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
31. Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these TOS to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these TOS shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party
32. Local Laws. The Store are controlled and operated by Netmarble from its offices in South Korea. No Assignment. You may not assign these TOS or any of the rights granted by Netmarble hereunder, in whole or in part, without the prior written consent of Netmarble, and any attempt to do so shall be void. We may assign these TOS without your consent to our affiliate or subsidiary company, any person or entity acquiring our business or assets, or successor of Netmarble. These TOS are binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.
34. Contact Us.If you have any questions about these TOS, please contact us by sending a letter to:
Attn: Legal Department
20th FL. Netmarble Bldg.,
300 Digital-ro, Guro-gu, Seoul, Korea
You may also contact us by e-mail at email@example.com.