Article 1 (Purpose)

These Punkland Developer Terms and Conditions (hereinafter referred to as “Terms”) are provided by Supercat Inc. (hereinafter referred to as the “Company”) in order to establish the conditions, procedures, and other necessary matters concerning the download and usage of the Punkland platform and the usage of other game development and support services (hereinafter referred to as “Service”).

Article 2 (Definitions)

The definitions of terms used in these Terms and Conditions are as follows, and the interpretation of terms that are not defined shall be determined by the relevant laws, regulations, and notices.

• “Member” means a person who has entered into a contract with the Company to use the Service.
• “Punkland Studio” means game development and support tools provided by the Company.
• “Game” means content created by a member using Punkland Studio.
• “Punkland” means the website (https://punkland.io/about) and platform where members can provide their games to users. Punkland Studio and Punkland are collectively referred to as Punkland Platform.

Article 3 (Effectiveness and Amendments to Terms)

• These Terms and Conditions shall become effective when posted on the service screen or when a notification is given by other means.
• The Company may amend these Terms and Conditions to an extent that does not violate relevant laws such as the Act on the Regulation of Terms and Conditions, the Act on the Consumer Protection in Electronic Commerce, Etc., and the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
• When revising the Terms, the Company shall present the date amendments become effective and reasons for revision by the method described in Paragraph (1) from at least 7 days before the effective date, together with the current terms. However, changes to important regulations regarding the rights or obligations of Members shall be announced at least 30 days in advance, and the revised terms shall be sent to the registered email of the Member.
• In the event that the Company announces or notifies the member with an amendment notice in accordance with the foregoing paragraph, and the Member has not shown an intention to refuse within 30 days from the announcement or notification date, the Member will be deemed to have accepted the revised terms.
• If the Member does not agree with the amended terms, he/she can stop using this Service and terminate the service contract.

Article 4 (Compliance Rules)

• Items not specified in these Terms and Conditions shall be governed by applicable laws, such as laws and regulations related to operational policies, information communication network utilization promotion, and information protection law.
• The Company may, if necessary, determine applicable matters (hereinafter referred to as the “Individual Terms”) for specific services and provide notification of them by the method described in Article 3 (1).
• The Company may, if necessary, make detailed usage guidelines (hereinafter referred to as the “Operational Policy”) related to the use of the Services and provide notification of them in accordance with Article 3, Paragraph (1).
• Regarding the terms of these Terms, changes to policy from the Company, or changes due to revised laws or regulations, the contents of the notice on the service screen and on the website (https://punkland.io/about) are also part of this service contract.

Article 5 (Service Membership)

• This agreement is formed when the person who wants to become a Member chooses “I agree” in this agreement, and the Company accepts it.
• The person who intends to become a member agrees to abide by the terms and conditions of this agreement, the operating policy, and other Service-related policies and announcements.
• The Company may not accept a potential Member’s agreement if there is no room for the facilities related to the Service, or if there is a technical or business problem.

Article 6 (Company Obligations)

• The Company may provide the Service either for a fee or free of charge, and if the conditions for providing services change then the Company will notify the Member.
• The use of the Service shall be conducted 24 hours per day, as long as there is no particular difficulty regarding business or technology on the part of the Company.
• The Company must provide services continuously and reliably as stipulated in these Terms and Conditions.
• The Company will promptly process inquiries or requests from developers regarding services, and if prompt processing is difficult, the Company shall notify the members by posting the reason and the processing schedule on the Service screen.

Article 7 (Member Obligations)

• The Member shall comply with applicable laws and regulations, the provisions of these Terms of Use, instructions for use and precautions as notified by the Company, and shall not engage in activities that interfere with the work of other companies.
• If there is a dispute against a Member (including a lawsuit) based on the infringement of the rights of a third party or violation of related laws in relation to a Game, the member shall resolve the matter with the party directly and the Company shall have no duty to arbitrate it or bear any legal responsibility.
• The Company shall not be held responsible for any damages incurred by the Member due to errors or obstacles of the game which are not caused by the Company, and the Member shall solve the problems arising from such matters directly.
• The member shall not engage in any of the following acts in connection with the use of the Service, and the Company may suspend the use of the Service or terminate the usage contract if the member performs any of the following.
  1. Misuse of another member’s account
  2. Acts for the purpose of committing a crime or related to a crime
  3. Acts that infringe on the intellectual property rights of others
  4. Hacking or the dissemination of computer viruses
  5. Accessing the Services using any method other than those set by the Company
  6. Developing games that violate laws and ordinances, such as obscenity and copyright infringement
  7. Copying, modifying, distributing, selling, assigning, leasing, collateralizing, permitting others to use, or reverse engineering the software or attempting to extract its source code
  8. Any act that may interfere with or prevent the stable operation of other services.

Article 8 (Protection of Member’s Information)

In the event that the Company collects or submits personal information of members for the purpose of providing services or provides such information to third parties, the Company abides by relevant laws such as Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

Article 9 (Notice to Members)

• The Company may provide notifications to the Member through the email address or SMS registered by the Member.
• The Company may substitute individual notice by posting on the service screen or website bulletin board if the individual notice is difficult to provide due to missing or outdated contact information.

Article 10 (Service Provision)

• The Service provided by the Company can be offered differently according to the qualifications of the member.
• The Company may temporarily suspend the provision of services in the event of maintenance, replacement, breakdown, failure of communication, loss of communication, or due to other reasonable conditions. In this case, the Company shall notify the member in advance in the manner prescribed in Article 9. However, if there is an unavoidable reason that the Company cannot give notice in advance, notification can be given afterward.
• The Company may carry out inspections when necessary for the provision of services, and the inspections shall be carried out at times as announced by the Company.

Article 11 (Change of Service)

• The Company may change the content, operation, or technical aspects of the Service for the sake of its stability.
• The Company may modify, suspend or change any or all of the services provided free of charge in accordance with the policy and operation requirements of the Company without providing any compensation to the Member.

Article 12 (Service interruption, etc.)

• The Company may take necessary measures such as limiting the use of the Service, deleting the Game from the Service, or refusing registration if the Game provided by the developer falls under any of the following items:
  1. The game violates the Terms, Operational Policy, or applicable laws
  2. The game infringes the copyright or other rights of third parties
  3. There is hacking or the distribution of computer viruses
  4. Services are accessed using any method other than those instructed by the Company.
  5. Unauthorized collection, use, or delivery of the information of Game users to others
  6. Use of Services to disclose advertising information for commercial purposes in violation of relevant laws and regulations
  7. The game violates social order or customs
  8. The game damages or is likely to damage the Company’s image or cause harm to the Service
  9. In the event that using the game is determined to be difficult or unacceptable to the user due to serious errors, bugs, or other reasons
• In any of the cases described under the preceding paragraph, the Company shall notify the member of the facts, and if there are unavoidable reasons, the Company may notify the Member afterward.

Article 13 (Ad Serving)

• Members should not disclose advertising information for commercial purposes within the Game.
• The Company shall not bear any legal liability for the problems caused by the users of the Game using or participating in advertisements provided by the Members through the Game, and the Company shall not intervene in such a dispute between users and members as it should be resolved directly by the parties themselves.

Article 14 (Disclaimer)

• The Company shall not be liable for the provision of services in cases where it can not provide services due to natural disasters, DDOS attacks, IDC troubles, disruption of communication lines of the telecommunication carriers, or due to force majeure.
• The Company shall not be held responsible for any obstacles to the use of the Service caused by the Member.
• The Company does not guarantee the credibility, accuracy, stability, or legality of the Game developed by the Member and does not bear any responsibility in relation to it.
• The Company only provides additional functions to Members’ game development through the Service and does not guarantee any extra enhancement by using the Service.
• The Company shall not be liable for the use of the Services provided free of charge unless as required by applicable laws and regulations.

Article 15 (Restricted Use)

• The Company may limit the use of the Service in a step-by-step manner through warning, temporary suspension, termination of the use contract, etc. in the event that the Member violates the obligations of this agreement or obstructs the normal operation of the Service.
• Notwithstanding the preceding paragraph, the Company may terminate the service use agreement immediately if the member violates laws or statutes.
• If the Company restricts the use of the Service or terminates the contract pursuant to this Article, the Company shall notify the member in accordance with Article 9.
• A member may file an objection in accordance with procedures established by the Company for restrictions on use under this section. If the Company considers that the objection is justified, the Company shall immediately restore the use of the Service.

Article 16 (Settlement of Disputes and Competent Court)

If a problem arises in connection with the use of the Service and a lawsuit is filed, the court with jurisdiction shall be determined in accordance with the civil procedure laws of the Republic of Korea.