Terms of Service

1. Introduction If you reside outside of the Republic of Korea, the terms of this agreement (the “Terms of Service”) govern the relationship between you and Kookie Entertainment and/or its affiliates (“Kookie Entertainment,” “we,” or “us”) regarding your use of Kookie Entertainment’s games (“Kookie Entertainment Games”) and related services, including, without limitation, the use of Kookie Entertainment Games, participation in an online community for Kookie Entertainment Games or Kookie Entertainment branded websites (collectively, the “Kookie Entertainment Service”). For your reference, Kookie Games Official Forum means the social network platform jointly operated by Kookie Entertainment, which provides users with various social network services and information for enjoyment of their games. For the avoidance of doubt, we assume no responsibility, obligation, or liability for (a) your use of Kookie Entertainment’s and/or its affiliate’s games provided via Kookie Games Official Forum or (b) services of the Kookie Games Official Forum in connection with such games. Use of the Kookie Entertainment Service is also governed by Kookie Entertainment’s Privacy Policy as well as the community standards, which is incorporated herein by reference. We may collect and use your content and information in accordance with this Privacy Policy. By downloading Kookie Entertainment Games, accessing and/or using the Kookie Entertainment Service, and/or creating a Forum Account, you accept and agree to be bound by the Terms of Service, the Kookie Entertainment Privacy Policy, and the Forum Standards (collectively, the “Kookie Entertainment Policy”). Kookie Entertainment may amend, at our discretion, any portion of the Kookie Entertainment Policy at any time by posting or displaying the amended Kookie Entertainment Policy within and/or on Kookie Entertainment Games, and Kookie Entertainment branded website. You will be deemed to have accepted such amendments by continuing to use the Kookie Entertainment Service. Except as otherwise stated, any such amendments will be automatically effective 30 calendar days after they are initially posted. 2. License 2.1. Ownership of Kookie Entertainment Kookie Entertainment owns, has licensed, or otherwise has the right to use all of the content that appears in the Kookie Entertainment Service, including, without limitation, a user account, virtual items and virtual currencies. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN A GUEST ACCOUNT (COLLECTIVELY, “GAME ACCOUNTS”), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO A GAME ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF KOOKIE ENTERTAINMENT 2.2. Limited License Kookie Entertainment hereby grant you a non-exclusive, non-transferable, and revocable limited license to use the Kookie Entertainment Service subject to the terms of the Kookie Entertaiment Policy. You understand that virtual items and virtual currencies are provided solely for your entertainment use, and that you have a limited license to use them under the Kookie Entertainment Policy, not the ownership interest in them. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. 2.3. Trades of Virtual Items and Virtual Currency Kookie Entertainment prohibits and does not recognize any purported transfers of virtual items or virtual currency effectuated outside of the Kookie Entertainment Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Kookie Entertainment Service, unless expressly authorized by Kookie Entertainment. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination. 3. User Content 3.1. Your Representations and Warranties “User Content” means any communications, images, sounds, and all the material, data, and information that you or other users upload, submit, or transmit through the Kookie Entertainment Service. By transmitting, submitting, or posting any User Content while using the Kookie Entertainment Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; and (c) free of viruses, adware, spyware, worms or other malicious code. You acknowledge and agree that you are solely responsible for all User Content you post or otherwise transmit via the Kookie Entertainment Service. Kookie Entertainment assumes no responsibility for illegal contents or the conduct of any user submitting any User Content or for the failure of monitoring any User Contents that may be inappropriate under the Kookie Entertainment Policy. You further acknowledge and agree that any of your personal information within such content will at all times be processed by Kookie Entertainment in accordance with its Privacy Policy. 3.2. License to Use User Content You hereby grant Kookie Entertainment a worldwide, royalty free, non-exclusive, and unlimited license to use any User Content that you upload, submit, or transmit through the Kookie Entertainment Service, including, without limitation, the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, and publicly perform. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. You may revoke such a license by giving a written notice to us at any time. In such a case, Kookie Entertainment will cease any use of the User Content within 3 months after receiving such a notice from you. 3.3. Content Screening You acknowledge and agree that Kookie Entertainment may reject, refuse to post, delete, or edit any User Content for any reason at its sole discretion. 4. Fees and Purchase Terms You agree to pay all fees and applicable taxes incurred by you. Kookie Entertainment may revise the pricing for the goods and services it licenses to you through the Kookie Entertainment Service at any time. YOU AGREE AND ACKNOWLEDGE THAT KOOKIE ENTERTAINMENT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN A GAME ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. Notwithstanding the foregoing, if you verify in a reasonable way that you reside in the European Union and you purchase virtual items or currencies from Kookie Entertainment, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. You acknowledge and agree that the performance of our service is deemed to begin once you use any portion of virtual currencies or virtual items in playing Kookie Entertainment Games, which result in losing your right of withdrawal. Some of Kookie Entertainment Games may be described as a “free game” within the description page of App marketplaces. YOU MAY DOWNLOAD AND PLAY SUCH GAMES FREE OF CHARGE, BUT THEY MAY CHARGE REAL MONEY FOR ADDITIONAL GAME CONTENT. 5. Your Responsibility in Using Service You agree that, while using the Kookie Entertainment Service, you will not, under any circumstances: - send, post, transmit or make available any material or information that may be abusive, threatening obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive; - stalk, harass, threaten, or defraud other Kookie Entertainment users or any members of Kookie Entertainment support personnel; - use, develop, or distribute any robot, spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, mod, hack or the like, or any unauthorized third-party software designed to modify or interfere with or provide automated access to or use of the Kookie Entertainment Service; - interfere with or disable any security-related features of the Kookie Entertainment Service, or any part thereof; - damage, disable, overburden, or impair the Kookie Entertainment Service, including, without limitation, (i) by sending, posting, transmitting or distributing anything that contains a virus, spyware, or other harmful material intended to damage or interfere with the Kookie Entertainment Service or (ii) attempting to disrupt servers that relate to the Kookie Entertainment Service; - make improper use of Kookie Entertainment’s support services, including by submitting false abuse reports; - misrepresent the source, identity, or content of information sent, posted, transmitted or made available via the Kookie Entertainment Service; - create a false identity or impersonate another person or entity, including, without limitation, identities falsely indicating that you are a Kookie Entertainment official or representative, message board or community board moderator, another user or host, or that you are a celebrity or public figure; - decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Kookie Entertainment Service; - modify any part of the Kookie Entertainment Service without Kookie Entertainment’s prior written consent; - send, post, transmit or make available any content or information that may infringe any person or entity’s intellectual property rights or other property or personal rights, including rights of privacy and publicity; - buy, sell, trade, or advertise to sell any virtual currency or items or Game Account for commercial purposes; - send, post, transmit or make available any unsolicited or inappropriate content or other unsolicited or unauthorized commercial or promotional content, information, or communications without Kookie Entertainment’s prior written consent - attempt to collect any personal information about any users or to disclose such information; - share the password or other information that let anyone else access your Game Account. - access another user’s Game Account without permission; - assist, permit or encourage any party in engaging in any of the activities described in the above listing; and - use the Kookie Entertainment Service in any manner that may violate any applicable laws or regulations or is prohibited by the Kookie Entertainment Policy. 6. Third Party Advertising Kookie Entertainment may feature advertisements from third parties or provide links on the Kookie Entertainment Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Kookie Entertainment Service and/or benefits (such as virtual items or virtual currency). Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. Kookie Entertainment makes no representation or warranty regarding any content, goods and/or services provided by any third party, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Kookie Entertainment and may collect data or solicit personal information from you. Kookie Entertainment is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. 7. SMS Notifications, Push Notifications & Local Notifications We may send local or push notifications to your device to make you aware of game updates, promotional events, new game information and other relevant messages regarding the game service. You can manage push notifications from the “options” or “settings” page within the relevant game. You may also be able to manage them from your device’s settings page for the relevant game. We will not send any SMS notification to your mobile device unless we obtain affirmative express consent from you in compliance with any applicable laws or regulations. 8. Copyright Notice 8.1. Infringement Notification The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe in good faith that any materials in Kookie Entertainment Games, or Kookie Entertainment branded websites may infringe your copyright-protected work under applicable copyright laws, you may provide an infringement notice to Kookie Entertainment’s designated agent set forth below. For your notice to be effective, it must include the following information: (a) Reasonably sufficient details to enable us to identify the work claimed to be infringed as well as the material claimed to be infringing; (b) Your contact information, including your address and email address; (c) A statement that you have a good faith belief that the disputed is not authorized by the copyright owner, its agent, or the law; (d) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly Infringed; and (e) Your physical or electronic signature. The contact information of Kookie Entertainment is as follows: Kookie Entertainment 3F, BangBae-ro 93, SeoCho-gu, Seoul, Republic of Korea Email:support@kookiegames.com 8.2. Counter Notification If your User Content or other information has been taken down by the above-infringement notification, you may send Kookie Entertainment’s designated agent a counter-notification that contains the following information: (a) Identification of the material that has been removed or to which has been disabled and the location at which the material appeared before it was removed or disabled; (b) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question; (c) Your name, address, and email address; and (d) Your physical or electronic signature. Please bear in mind that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others. 9. User Interactions 9.1. Member Disputes You are solely responsible for your interactions with other users of the Kookie Entertainment Service. We may, at its sole discretion, attempt to mediate disputes between users, but is not obliged to become involved in any way with such disputes. 9.2. Release If you have a dispute with any users of the Kookie Entertainment Service, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” 10. Suspension & Termination of Kookie Entertainment Service KOOKIE ENTERTAINMENT MAY LIMIT, SUSPEND, OR TERMINATE YOUR USE OF THE KOOKIE ENTERTAINMENT SERVICE AND/OR GAME ACCOUNT IF WE HAVE A REASONABLE BELIEF THAT YOU FAILS TO COMPLAY WITH ANY PORTION OF THE KOOKIE ENTERTAINMENT POLICY. For the avoidance of doubt, the Kookie Entertainment Policy apply to all users of the Kookie Entertainment Service. Kookie Entertainment reserves the right to stop providing or supporting any part of the Kookie Entertainment Service or a particular game at any time either permanently or temporarily, at which point your license to use the Kookie Entertainment Service or a part thereof will be automatically terminated or suspended. In such an event, Kookie Entertainment is not required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Kookie Entertainment Service. 11. Disclaimers & Indemnifications 11.1. Disclaimer of Warranties YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE KOOKIE ENTERTAINMENT SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF FOREGOING, NEITHER KOOKIE ENTERTAINMENT NOR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “KOOKIE ENTERTAINMENT PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. 11.2. Disclaimers of Liability YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT KOOKIE ENTERTAINMENT PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT KOOKIE ENTERTAINMENT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD KOOKIE ENTERTAINMENT PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL KOOKIE ENTERTAINMENT PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID KOOKIE ENTERTAINMENT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. 11.3. Indemnification You agree to indemnify and hold harmless Kookie Entertainment Parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of (a) your use or misuse of the Kookie Entertainment Service, (b) any violation by you of the Kookie Entertainment Policy, or (c) any breach of the representations, warranties, and covenants made by you herein. Kookie Entertainment may assume the defense of any matter for which you are required to indemnify Kookie Entertainment by sending notice of such an intention to you. You shall use best efforts to cooperate with Kookie Entertainment’s defense of these claims. 12. General Provision 12.1. Governing Law The laws of the State of California (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to the Kookie Entertainment Policy, including, without limitation, its validity, interpretation, construction, performance, and enforcement. 12.2. Dispute Resolution If you have any claim arising out of this Agreement 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 in Seoul administered by 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. All claims filed or brought contrary to Section 12.2. will be considered improperly filed. If you file a claim improperly, Kookie Entertainment will be entitled to recover attorney fees and costs up to $1,000, provided that Kookie Entertainment has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim. 12.3. Entire Agreement The Kookie Entertainment Policy is complete and exclusive understanding of you and Kookie Entertainment relating to your use of the Kookie Entertainment Service, and supersede all prior understandings of the parties hereto. 12. 4. Language The translation of English language version of the Kookie Entertainment Policy is provided for informational purposes only and does not modify the English language version of the Kookie Entertainment Policy. If there is a conflict between the English language version of the Kookie Entertainment Policy and its translation, the English version of the Kookie Entertainment Policy will control. The failure of Kookie Entertainment to require or enforce strict performance by you of any provision of the Kookie Entertainment Policy or failure to exercise any right hereunder will not be considered a waiver or relinquishment of Kookie Entertainment’s right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by Kookie Entertainment in one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person. 12.5. No Waiver The failure of Kookie Entertainment to require or enforce strict performance by you of any provision of the Kookie Entertainment Policy or failure to exercise any right hereunder will not be considered a waiver or relinquishment of Kookie Entertainment’s right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by Kookie Entertainment in one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person. 12.6. Force Majeure Kookie Entertainment will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of Kookie Entertainment, including, without limitation, any failure to perform under the Kookie Entertainment Policy due to unforeseen cause beyond Kookie Entertainment’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cyber crimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials 12.7. Severability If any portion of the Kookie Entertainment Policy is determined to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions of the Kookie Entertainment Policy remain in full force and effect.




Category Actions that bring restrictions Consequences
Inappropriate Behavior Slandering, using curse words and insulting other users on their physical traits 1st: 1-day restriction
2nd: 5-day restriction
3rd: 7-day restriction
4th: 10-day restriction
5th: Permanent restriction
All acts that disturb other users from using the game services
Disturbing other users or staff to the point where the game can't operate properly (ex. False reports)
Posting the same or similar articles repeatedly which disrupts other users’ use of service
Spreading false information and attempting or committing criminal actions during the use of the game or in game itself which are against the law
Naming Using inappropriate names that breach naming policy 1st: Change without consent
2nd: 5-day restriction
(Change without consent)
3rd: 7-day restriction
(Change without consent)
4th: 10-day restriction
(Change without consent)
5th: Permanent restriction
(Change without consent)
Impersonation Deceiving other users for improper gains and/or impersonating the company or staff to attempt fraud 1st: 3-day restriction
2nd: 7-day restriction
3rd: Permanent restriction
* Withdraw acquired Data
(Game money, EXP, etc.)
Abusing Abusing methods in the game repeatedly to acquire game money or EXP through unfair gameplay 1st: 15-day restriction
2nd: 30-day restriction
3rd: Permanent restriction
* Withdraw acquired Data
(Game money, EXP, etc.)
Abusing methods in the game repeatedly to acquire game money or EXP through unfair gameplay (Trivial) 1st: 3-day restriction
2nd: 30-day restrictio
3rd: Permanent restriction
* Withdraw acquired Data
(Game money, EXP, etc.)
Fraud & Assumed Names Attempting to scam or confuse others by using inappropriate nicknames or special characters 1st: 7-day restriction
2nd: 30-day restriction
3rd: Permanent restriction
* Withdraw acquired Data
(Game money, EXP, etc.)
Scamming in attempt to gain game items and game money
Cash Trade Abusing methods in the game repeatedly to acquire game money or EXP through unfair gameplay 1st: 1-day restriction
2nd: 30-day restriction
3rd: Permanent restriction
* Withdraw acquired Data
(Game money, EXP, etc.)
Attempting to and/or exchanging game accounts and/or game items and game money for cash or other objects 1st: Permanent restriction
* Withdraw acquired Data
(Game money, EXP, etc.)
Advertisement Distributing promotions for business purposes 1st: 15-day restriction
2nd: 30-day restriction
3rd: Permanent restriction
* Withdraw acquired Data
(Game money, EXP, etc.)
Spreading ways to abuse the game in the game or in game communities that harm the game services 1st: 7-day restriction
2nd: 30-day restriction
Spread of Personal Information Distributing information of other users without consent Permanent restriction
Misusing System Errors & Bugs Misusing bugs knowingly to take advantage and disturb the game services.(Includes repeating specific procedures inside the game) 1st: 15-day restriction
2nd: Permanent restriction
* Withdraw acquired Data
(Game money, EXP, etc.)
Misusing bugs knowingly to take advantage and disturb the game services. (Trivial)(Includes repeating specific procedures inside the game) 1st: 3-day restriction
2nd: Permanent restriction
* Withdraw acquired Data (Game money, EXP, etc.)
Unauthorized Programs Creating illegal programs unauthorized by the company and/or using illegal programs to abuse the game services Permanent restriction
* Withdraw acquired Data
(Game money, EXP, etc.)
Invalid Sign Up Acquiring game items/money unfairly by repeatedly using the game services (ex. Sign up) and harming other users Permanent restriction
Invalid Purchase All activities of making purchases or cancellations in methods that are not authorized by the company Permanent restriction
Making purchases by using a third party's credit cards and/or cell phones for game items and/or billing services