Terms of Monetization of Punkland

Article 1 - [Purpose]

These Terms and Conditions are intended to establish the terms, conditions and procedures for payment of the proceeds earned by the Developer through the PUNKLAND Platform (hereinafter referred to as “PUNKLAND”) operated by SUPERCAT Inc. (hereinafter referred to as the “Company”).

Article 2 - [Definition of Terms]

The following terms and conditions apply to the PUNKLAND Monetization Terms and Conditions (the “Terms and Conditions”).

  • “Revenue Payment” means currency and CUBE used in PUNKLAND paid out in real currency.
  • “CUBE” means the virtual money used as the currency in PUNKLAND.

Article 3 - [Effect and Change of Terms]

  • These Terms and Conditions shall become effective when posted on the service screen or when a notification is given by email or other means.
  • The Company may make reasonable changes to the contents of these Terms and Conditions. The matters not specified in these Terms and Conditions are subject to the provisions of the Framework Act on Telecommunications, the Telecommunications Business Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and other related laws and regulations.
  • The Company may change these Terms and Conditions if deemed necessary. The Company shall determine the contents of the amended Terms and the effective date of such amendment and publish it online on the website seven days prior to the effective date. However, if the contents of the changes to the Terms and Conditions are detrimental to the User, the Company shall notify the Member by posting them online on the website or emailing them to the address provided by the Member either during registration or after, 30 days before the effective date. The modified Terms of Use will be effective from the effective date as in the disclosure or notice.

Article 4 - [Qualification for Monetization]

  • If you earn at least 10,000 CUBE in revenue (only for PUNKLAND members who are 13 years of age or older), you can ask for your CUBE to be settled in real currency once per month on a fixed date.
  • In accordance with your account information, requirements and applicable law relating to the payment of profits, the Company may determine the eligibility and details of your monetization. You cannot monetize accounts other than the account for which you have provided your information.
  • If you request a Revenue Payment, the company will review your eligibility for such a payment. The qualifications are as follows.
    1. You may request payment only if you have 10,000 CUBE or more.
    2. Monetization of CUBE is restricted only to CUBE, which is obtained by selling resources (e.g. game graphics, tileset, sound) from the PUNKLAND resource market or a virtual item in a game developed in PUNKLAND. CUBE acquired through any other means cannot be monetized. You must be at least 13 years of age to maintain and comply with the terms and conditions set forth in these Terms and Conditions.
    3. These Terms and Conditions (including the Company’s obligations under Section 8 of the Terms of Use) are to be abided by and the Service status will be continuously maintained. At the Company’s discretion, Revenue Payment may be waived if it is determined revenue has been earned improperly. This includes, but is not limited to, cases such as fraud, phishing, false advertising, attempting to exchange CUBE for a real currency without going through the revenue process in PUNKLAND, and changing CUBE to currency in a way that is not defined in these Terms and Conditions.

Article 5 - [Revenue Payment and Approval]

  • In order to receive profit through the PUNKLAND platform, you must confirm and agree to the following.
    1. At the time a Member clicks the “pay” button, that Member is not guaranteed to actually monetize. When the “pay” button is clicked, the Company determines eligibility for a Revenue Payment. If a Member qualifies through this procedure, CUBE within the PUNKLAND platform will be paid in real currency. A payout of CUBE in real currency cannot be withdrawn or converted back to CUBE.
    2. Filing profits obtained through monetization in PUNKLAND is legal if following business registration and revenue reporting rules. Furthermore, the Company conducts procedures fairly through an accountant.
    3. Each transaction fee will be calculated based on each payment (this amount will be charged against the total payout amount). Please refer to the PUNKLAND Platform FAQ for information on fees.
    4. The Member is responsible for any taxes that may be imposed due to payment. The PUNKLAND platform calculates revenue payments based on the revenue for the services a Member provides. All members are responsible for reporting all revenue paid to their appropriate tax authorities. Income earned by a minor can affect their parents’ tax refund.
    5. Due to legal or other unavoidable circumstances, transfer payments to certain countries, entities, or individuals may not be possible.
    6. The PUNKLAND Platform reserves the right to amend, alter, or revoke the Terms of Use, to add, remove or modify qualifications, and to change the exchange rate for cash withdrawal at any time, for any reason.
  • These Terms and Conditions do not obligate you to keep the program in the future and do not guarantee monetization of all future CUBEs. The Company reserves the right to review the activities of accounts in order to assess the value or validity of CUBE assets and to refuse payments to users who, in the opinion of the PUNKLAND Platform, have violated any internal clauses or rules of these Terms of Use.

Article 6 - [Protection of Personal Information]

  • The Company shall use Member information related to CUBE monetization only for the purpose of providing the Service under these Terms of Use and shall not disclose or distribute it to a third party without prior consent of the user. However, this is not applicable in the following cases:
    1. When it is necessary for the settlement of the charge according to the service provision
    2. When it is necessary for statistical writing and academic research or market research
    3. If there is any special provision in any law, such as the Act on Real Name Financial Transactions and Confidentiality, Credit Information Use and Protection Act, Framework Act on Telecommunications, local tax laws, consumer protection acts, the Bank of Korea Act, or the Criminal Procedure Act, requiring the use of such information
  • The Company may, when there is a complaint by the customer involving a mobile phone or in the case of mobile phone settlement center requests, check with the Arbitration Center. Other privacy matters are governed by the Company’s Privacy Policy.

Article 7 - [Obligations of the Company]

  • In the event of a fraud caused by the Company’s intent or negligence, the full amount of the fraud will be refunded. In this case, the Member shall refund the money in the same manner as the payment made by the Member within the period specified by the law. However, in the event of a fraud due to the member’s intent or negligence, the Company shall have the user bear the costs of refunding the fraud within reasonable limits.
  • The Company shall perform Services normally outside of the conditions described in the disclaimer in Article 12.

Article 8 - [Membership Obligations]

  • Games, experiences, and virtual goods that you create, make available, or make playable are part of the services you provide. The Company expects all users of the PUNKLAND platform, including creators and members, to adhere to the following concerning the provision of services.
  • You provide a continuing experience that complies with the PUNKLAND Community Guidelines and Rules of Use. In other words, if you encounter a problem that does not comply with the PUNKLAND Terms of Use, you must work with the company, including the SUPERCAT Customer Center.
  • You must update your content for security, technical, or other reasons. You must adhere to the latest technology and security updates and best practices from PUNKLAND.
  • You will comply with legal and regulatory requirements when PUNKLAND requests cooperation for legal and regulatory compliance. The Company may request, pursuant to the general Terms of Service, help to stop any process related to intellectual property issues, including, but not limited to, copyright infringement, trademark infringement, and other related issues.
  • If you no longer run the game, you must refund CUBE you have acquired from users for the last two months.
  • If a refund occurs in a game you develop and operate, the company may deduct from the profit when calculating the refund.

Article 9 - [Limitation on Use of Services]

The Company may limit the use of the Service remove or revoke a Game Account and PUNKLAND ID or SUPERCAT Member ID as a response to any of the following:

  • Hacking or other actions that impose on the system
  • Transferring or selling rights to the CUBE service to a third party
  • Forgery, alteration, theft, or illegal acquisition within the CUBE payment system

Article 10 - [Suspension of service provision]

The Company may suspend Service in any of the following cases:

  • Unavoidable Service equipment expansion, construction, etc.
  • When a telecommunications carrier as described in the Telecommunication Business Act has suspended telecommunication services
  • In case of other force majeure
  • The Company may limit or suspend all or part of the Service in case of national emergency, power outage, failure of service facilities, or service Utilization congestion.

Article 11 - [Disclaimer]

  • The Company shall be exempted from liability for the provision of services if it cannot provide services due to natural disasters or force majeure.
  • The Company shall not be liable for any obstacle to the use of the service due to reasons attributable to the Member.
  • The Company shall be exempted from liability in cases in which obstacles to the use of the Service are the fault of employees of the company, excluding where those obstacles are caused deliberately or through gross negligence.
  • The Company shall not be responsible for any revenue that a Member expects from using the service and shall not be responsible for any damages caused by data obtained through the service.
  • The Company shall not be responsible for the reliability or accuracy of the information or materials posted by the Member in connection with the service, unless there are intentional or negligent errors.
  • The Company may restrict the use of the Service or membership according to relevant laws, regulations, government policies, etc., and shall not be responsible for any matters related to game conditions caused by these limitations and restrictions.

Article 12- [Applicable Law Competent Court]

  • If there is a disagreement or dispute between the Company and the Member regarding the use of the Service, it may be resolved by agreement between the parties.
  • If a lawsuit has been filed because the dispute set forth in paragraph (1) has not been resolved satisfactorily, the court shall be in a jurisdiction in accordance with procedures as set forth in law.
  • The laws of the Republic of Korea apply to lawsuits filed between the Company and the User.

Addendum

[Enforcement Date] This Agreement will be effective from April 17, 2019

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