1. Purpose of Terms of Service The purpose of this Terms of Service("TOS") is to define your right, duty, responsibility, etc. regarding the terms and procedures in using the game service "Project Elan"("Service") provided by Freetive®. ("Company" or "We" or "Us"). 2. Effect and amendment of TOS This TOS takes effect when it is uploaded on the Project Elan Website (www.elanonline.com.sg). The Company can change this TOS by our sole discretion. The change takes effect in the same way as stated in 2.1). We will notify you about the change on the Website at least 7 days before the change takes effect with the specification of the date of effect and reason for change, etc. By agreeing to this TOS you are giving your consent that you will visit the Website and check the changes of TOS regularly. The Company shall not be responsible for any damage of users incurred due to the ignorance of such changes. If you do not agree with the changes of TOS, you can request for a withdrawal or termination of membership. Continued use of the Service after 7 days from such changes will constitute your acceptance of and agreement to be bound by the updated TOS 3. Rules and Regulations applicable with TOS Matters not mentioned in the TOS will follow the rules and regulations prescribed in Framework Act on Telecommunications, Telecommunications Business Act, The Act on Promotion of Information & Communication Network Utilization and Information Protection, etc and other related rules and regulations. The right and duty of the users using payable services may be guaranteed or restricted by the Company's policy or TOS through the Terms of Charged Service or Terms of Cash, etc. 4. Definitions Member: A person who has signed a user agreement with the Company to use our Service and was granted a user account (ID). Account: Combination of letters and numbers chosen by a member and acknowledged by the Company for the use of Service. Password: Combination of letters and numbers chosen by a member to confirm that the member is identical to the account holder, and to protect the member's interest. User Agreement: Agreement signed between a member and the Company regarding the use of Service. Definitions other than the above terms shall follow the related rules and regulation and the guidelines classified by the services. 5. Acceptance of User Agreement By clicking on the "I Agree" button at the time of installation of the program and subscription of a membership, you are deemed to agree to this TOS. User agreement shall be effected on the Company's approval of your use of service application, submitted after you agree to the TOS. 6. Application for Use of Service and Approval You need to fill up an application form with the required user information to use the Service. The applicant should observe following rules. You should use your real name in the application form. You should not fill in another person's name in the form. The information given in the form should be current. You should not apply for the use of service so as to disturb social peace, order or morals and customs. You should update your current information, if there is any change in the entry of the application form. We may limit the use of service in cases where the information provided by the applicant is not correct, not current or if we have reasonable ground to suspect so. 7. Disapproval and Limit on Application for Use of Service The Company disapproves the application for use of service in the following cases The application is made by using a false name or another person's name. The entry in the form is not truthful. The application is made to disturb social peace, order or morals and customs. The applicant wants to use the service for foul purposes. The applicant wants to use the service for commercial interest. The application is made against other rules in general. ?The Company may reserve approval for the applications falling under these following cases, until the ground for the reservation lapses: The Company has run out of facilities. The Company is experiencing technical problems. The approval cannot be made due to a fault attributed to the Company. 8. Change of User Information Members should update user information immediately if there is any change in the entry at the time of application. The member is responsible for the problems incurred by not updating, not the Company. 9. Grant and Change of Member ID The Company grants a member an account ID according to the procedure set by TOS. Account ID is unchangeable in principle. Due to unavoidable reasons that the account has to be changed, you should terminate your ID and re-apply for a new ID. The Company may request you to change your account ID, if it falls under the following categories. * The account ID is made of personal particulars like phone no. or IC no. of the member that it may jeopardize the member's privacy. * The account ID may be misunderstood as an official game master by other users. * The account ID may invoke repugnance in others or it is against social morals and customs. * Other reasonable grounds.? The member is responsible for the management of his/her account ID and password. The loss of service (incurred because of careless handling of your ID and password or unlawful use by a third party) is your sole responsibility. The Company will not take any responsibility on this issue.?? Other matters about the member's personal information management and change are handled according to our service guide. 10. Personal Information Protection and Use We will try our best to protect your personal information including your registered user information according to related law and regulations. Current law and regulations including our Privacy Policy apply in the protection and use of your personal information. Our Privacy Policy does not cover the sites linked from "service" website. We may provide your personal information to government institutions or public institutions upon request according to related law and regulations. We are not responsible for the exposed information if liability lies with the user. 11. Duty of the Company The Company should allow the applicant to use the service on the commencement date requested as far as circumstances permit. The Company should repair or restore immediately its facilities in cases of break down or destruction even though the liability does not lie with the Company to provide uninterrupted and stable service. The Company should attend to user's justifiable suggestions or complaints immediately. If it is difficult to handle immediately, we will inform the member of the reason for the delay and the arrangements made. 12. Member's Duty Members should provide truthful entries, using their true name in the application form or in updates. There will be no rights entitled if false or untruthful information is given. Members should obey related law and regulations, TOS, service announcement, and cautions notified in the website in using the service. Your actions should not be to disturb our business or destroy our reputation. Members should notify us of the changes of entries for service contract such as address, phone number, email, etc. through the established procedures. Members are responsible for all the consequences caused by careless handling of account ID and password or unlawful use of them, except in the cases where the Company is responsible on the basis of related law and regulations and our Privacy Policy. Members may not transfer, give or mortgage the right to use service or the status in the service contract without our explicit consent. Members should not infringe the intellectual property right of a third party. Members should not behave in any of the listed ways. We may take lawful sanctions or measures for such behaviors; we may limit use of service, suspend membership, delete account ID, terminate membership or make a police report. To register false information during application or update. To steal or unlawfully use another member's or another person's ID, Password, IC no. etc. To copy information obtained from the service for purposes other than the member's personal use without prior approval from the Company, or modify the information and use it in publications, media, etc. or provide to a third party. To infringe the Company's copyright, other party's copyrights and other rights. To spread information, insignia, shape, sound and video, etc. of which contents violate public order or morals and customs by transmission, posting, or email, etc. Behavior interpreted as criminal act in an objective point of view. To modify the Company's client program without permission from the Company, or to hack the Company's server, or to change all or part of the information on the website or message board at will. To harm or disturb our service by spreading computer virus, etc. To impersonate the Company's directors, staff or as an interested party. To transact member's ID with another person or to trade user's cyber assets obtained in the game with another person in reality. To make ill use of the Company's program bugs. To obtain cyber assets in the game through aberrant measures or channel. To spread insulting and private contents which may infringe another member's reputation or privacy by transmission, posting, or email, etc. To ridicule, threaten, trouble or cause inconvenience to other users. To collect or save the personal information of other users without permission from the Company. To violate the Company's regulations and terms of use including this TOS. Any behavior which disturbs or may disturb our service operation or other behaviors violating related law and regulations. 13. Service Time Our service is operated 24 hours/day throughout the year as long as there are no glitches in our business or technology. However, we may suspend our service temporarily for regular system inspection, extension and replacement for a day or at a time designated by the Company. We will inform in advance of such scheduled service interruption on the website. We may suspend our service temporarily without notice due to some unavoidable circumstances such as emergency system inspection, extension and replacement, etc. We may limit or suspend our service on the whole or in part if it is impossible to provide normal service; for instance, state of national emergency, black out, defects in service facility or heavy service use. We may divide our service into categories and designate available time to use for each category but we will notify you of it. 14. Account Management Members are responsible for the management of his/her account ID and password. Members, not the Company, are responsible for the loss of service use caused by the careless handling of ID and password or unlawful use of them by third party. Members are not entitled to provide his/her ID and password to a third party for service use without our consent. IDs are not transferable as it is only created for an individual member's personal information. 15. Rules on Homepage Message Board Use The Company is not responsible for the contents posted or published by users through our service, or the contents transmitted by email or any other method. The contents that fall under the following list may be deleted without prior notice. Contents that abuse, infringe privacy of, or defame others through slandering. Contents that disturb or may disturb stable service operation. Contents deemed to be a criminal act. Contents infringing the rights of others such as the intellectual property right of the Company or another party. Contents posted beyond the expiry date stipulated by the Company. Other contents deemed to be offensive against related law and regulations. Commercial contents posted without permission. Contents that collide with social justice; porn, slander, etc. Other contents violating this TOS. 16. Rights and Responsibilities regarding Postings The user who made postings has rights, inclusive of copyrights, etc. and is responsible for his/her postings. The company will not use the postings for commercial purpose without the publisher's consent. However, we may use the postings for noncommercial purposes, and we have the right to publish them in our service. 17. Advertisement Placement and User's Trade with Advertiser Part of our service is funded from profit made by hosting advertisements. Therefore members should agree to be exposed to advertisements while using our service. The company will not be responsible for any loss and damage caused by the member's participation in sales promotion events hosted by an advertiser in our website, or by corresponding or trading with an advertiser listed in our service. 18. Payable Service Use of service is basically for free. However, we may provide payable items and service. Matters related to the use of payable service will be dealt through a separated TOS and policy set by the Company. Matters regarding payment for payable services will be followed by Cash Charge Terms of Service. The company has the ownership of game items, etc., whereas the member has the right to use the purchased items. That is, a member only has the right to use the items provided by the Company in the service for a fixed period, not the right to transfer or sell, etc other than the procedure set by the Company. Members under 20 years old ("underage member") should get consent from a legal guardian for the use of payable service. In a case where a guardian appeals against the payment of an underage member, the guardian is liable to give proof about such consent. If the Company cannot prove such consent was given, we will waive the charges and limit the use of payable service for the ID concerned. We let the guardian know of the record of payable service use of an underage member. ? We do not refund the items the member received as present from others or for free to prevent unfair usage by the member. 19. Limit and Suspension of Service We may limit the member's use of the service if the member concerned violates Article 12 of this TOS, or has conducted any behavior listed below: Use vulgar ID or nickname which is offending public morals. Insult other user or disturb his/her use of service. Disturb normal service operations. If there is a request for correction from related public institutions such as Information and Communication Ethics Committee. If the user did not use our service for more than 3 months. Play our game abnormally through the use another program. Manipulate the winning of a game. Shut down forcefully or fleeing intentionally while playing the game. The company may forcefully shut down the following programs at the restricted time of the usage of such programs. Attempting to change our program. Use of modified service program. Forcefully using services higher than the level provided to the member concerned. Multiple postings on chat windows, etc to gain commercial profit. Using specific programs to aid in the manipulation of winning. Using Specific programs that not only secures game money forcefully but also disturbs other's service use. The company may suspend service use temporarily, initialize or terminate service contract for the members who use our service against the provisions stated above according to the regulations for delinquent users, etc without prior notice. 20. Procedure for Suspension or Termination of Service Use If a member wishes to terminate his/her service contract, the member himself/herself should send the termination letter to the company via the Internet. The Company may terminate a service contract without prior notice, or suspend service use for a fixed duration if a user has conducted following behavior: To steal and use other user's ID and password. To register with a fake name or to register more than once under different ID. To intentionally disturb service operation. To plan or execute service use to disturb national or public interest. To deliberately spread contents offending against public orders and public morals. To defame another person's reputation or to disadvantage others. To transmit too much information or advertisement in order to disturb stable service operation. To spread computer virus programs that can trigger the malfunction of telecommunication facilities or the destruction of information, etc. To infringe the intellectual property right of the Company, other members or third parties. To unlawfully use someone else's personal information, ID and password. To copy, circulate or use commercially the information obtained from the Company's service without permission. To disturb the playing of games by abusing the program bugs, etc. To violate the Company's Terms of Service, etc and related law and regulations. We do not artificially modify the user's information. However, exceptions are made in the following cases. The user's information has been changed due to abnormality or error in the system, to the extent that normal use of our service is impossible. Outbreak of a serious situation which can greatly affect service operation. We may limit a user's service use through written or online notification in case he/she violates his/her duty. If a specific host violates a user's duty repetitiously, we may shut off the connection from the host and the entire sub-network that the host belongs to. We will delete the contents related to a user's ID if the user has not used it for a designated period. This is to prevent any possible damage while the ID is not used for game. Your ID information may be reinitialized when open beta service is completed. 21. Compensation The Company is not responsible for any loss related to our free services unless it falls under the provisions stipulated in our Privacy Policy. 22. Indemnity The Company is exempted from responsibility in cases where; Service disruption in cases of natural disaster, war or any uncontrollable situation in accordance with them. Loss incurred when the telecommunication operators stop providing services; or do not provide normal service. Loss owing to unavoidable circumstances such as maintenance, replacement, regular checkup and construction, etc of service facilities, Difficulty in using or loss of service when liability lies with the member. Losses due to the computer malfunction of member or incorrect input of member's personal information or email address. Contents, materials and facts posted on the service by members in terms of credibility or accuracy, etc. Failure to achieve expected return or loss of it by using our service. Loss of cyber property (i.e. game money), level and skill while playing the game. Loss caused by the materials obtained in the process of gaming; and mental and material damage by other members while using our service. Dispute between users or third parties over our service. We have no obligation to intervene in either dispute. Matters related to use of free service. 23. Dispute Settlement Matters not stated clearly in this TOS follow Telecommunications Business Act and commercial practice. In the case of members using payable services, the company will set separate Terms of Service and Operation Policy. The Company and users should take all necessary measures to settle disputes concerning our service. If a lawsuit is filed despite the provision in clause 1, the lawsuit will be under the jurisdiction of the court governing the district where the HQ of the Company is located. This TOS comes into effect from 17 September, 2005.