1. Acceptance of User
A. By using/visiting any website, software and application of GameDuck or any other
product offered to the Users in relation to GameDuck (the “Service” collectively), each
User shall be deemed to have consented expressly to the following:
(1) Stipulations and provisions as stated in these Terms and Conditions; and
(2) Personal data protection policy of GameDuck as set forth in the Company’s personal
Please read carefully the above two terms before you begin using the Service and do not
use the Service if you do not agree on both terms.
As used in these Terms and Conditions, a “User” refers to a customer (an individual and
an entity) who consents to these Terms and Conditions and receives the Service as
provided by the Company.
B. A User may not use the Service or consent to these Terms and Conditions if any of the
following applies to such User:
(1) If the User has not reached a legal age to enter into a valid agreement with
(2) The User is prohibited by law or on other grounds from using or being provided with
data protection policy or expressly stated in these Terms and Conditions.
GameDuck, Inc. (the “Company”); or
the Service in the jurisdiction where the User resides or accesses to or uses the
A. The Company may, at its sole discretion, amend or modify these Terms and Conditionsfrom time to time as needed and each User who continues to use the Service after any
B. In the event of amending these Terms and Conditions, the Company will specify the
reason and the effective date of such amendment and post the existing and amended
Terms and Conditions by no later than 7 days (30 days for any amendment adverse to or
material to the Users) prior to the effective date by publishing them on the initial screen of
the Service to allow the Users’ easy understanding; provided, however, that any
amendment of these Terms and Conditions that is adverse to the Users shall be
separately notified for a certain period of time via electronic means, such as an electronic
mail or a “notification screen” in PC or portable terminal application programs in addition
to such publication.
A. The “Service” covers all functions and aspects of GameDuck, including all products,
software and services provided through the website and applications of GameDuck.
B. These Terms and Conditions shall apply to all Users of the Service, which mainly enables
(1) To capture and record the scenes of his/her playing mobile games (the “Game
(2) To upload the User’s Game Videos and share them with other Users;
(3) To watch and download the Game Videos produced and uploaded by other
(4) To read, leave or share any postings including comments to the Game Videos by
The mobile games to be included in the Game Videos refer to those installed to or stored in terminals of the Users.
C. “Contents” means any items that are watched on the Service, accessed through the
Service, or offered to the Service by the User, including texts, scripts, graphics, photos,
sounds, music, videos, any combination of audiovisual elements, and functions designed
for mutual exchanges, In particular, the Game Videos as defined in Paragraph B above
are included in the category of the Contents.
D. The scope and nature of the Service to be provided by the Company may differ
depending on numerous variables, including the location of each User, the type of a
terminal implemented for the Service, the policy of a third-party website, etc.
E. The Service may include a link to a third-party website. The Company does not control
and is not held liable for the Contents, personal data protection policy, or business
operation of any third-party website. In addition, the Company does not and cannot
censor or edit the Contents on any third-party website. By using the Service, each User
agrees that the Company shall not be held liable for any problems arising out of any use
of a third-party website by the User and expressly guarantees indemnification of the
Company. Accordingly, we strongly recommend the Users to carefully read the terms of
usage and the personal data protection policy of each and every third-party website.
F. In principle, the Service will be provided for 24 hours a day, 7 days a week; provided,
however, the provision of the Service may be suspended for the system management or
a force majeure event. While the Company is bound by an obligation to make best
efforts, it shall not be held liable for any losses incurred for the suspension of the Service.
4. GameDuck Account
A. A User shall create an account (the “GameDuck Account”) to access to the Service. Each
User shall provide accurate and complete information in the course of creating the
GameDuck Account and may modify such information provided in creating his/her GameDuck Account at any time thereafter.
B. A User shall not use another person’s GameDuck Account without permission. Each
User shall be fully responsible for all activities taking place on his/her GameDuck
Account and thoroughly protect the secrecy of the password for his/her GameDuck Account.
C. Any User that holds a GameDuck Account may upload or display on the Service his/her
Contents such as the Game Videos and postings.
D. The Company shall not be held liable for any losses arising out of any User’s
unauthorized use of the Game Duck Account; provided, however, the User shall be held
liable for any losses incurred by the Company or a third party in connection with such
5. Permission to Use and Restrictions
The Company may permit the Users to access to and use the Service, provided that such
use of the Service by the Users shall be restricted by the terms specified in these Terms and
Conditions. Each User agrees that a failure to comply with any of the following shall be
deemed as a breach of these Terms and Conditions.
A. Each User agrees that the Service and the application of GameDuck will automatically
download and install update versions intended to improve and further develop the
Service. Such update versions will be provided in the form of a bug fix, an improved
function, a new software module, or an entirely new version, etc. Each User agrees to
accept such updates as part of the use of the Service.
B. A User shall not engage in any of the following.
(1) To replace or modify part of the Service
(2) To display, distribute, grant a license for, lend, perform, publish, reproduce, or create
This includes altering or modifying any trademark, service mark, logo, etc. included in
a Game Videos or a posting that marks the uniqueness GameDuck (the “Marks”)
a derivative works out of any Contents on the Service, in whole or in part, or to
revise, sell, resell, utilize, transfer or transmit such Contents for commercial
purposes, except for the Contents to which such User holds copyrights or other rights
(3) To collect another User’s personal information and date through the Service
(4) To use for commercial purposes, such as soliciting customers, any contact measures
(5) To target the Users of the Service and solicit customers for commercial purposes in
(6) To use, reproduce, distribute, transmit, broadcast, display, sell, or grant a license for
(7) To evade or nullify
(i) any security related function of the Service,
(ii) any function to prevent or restrict the use or reproduction of the Contents, or
(iii) any function to mandate restrictions on the use of the Service or the Contents accessible through the Service
C. GameDuck is undergoing constant innovation to provide the best possible Service to the
Users. The form and nature of the Service may be changed at any time with or without an
advance notice to the Users. The Company shall reserve the right to suspend
(temporarily or permanently) any function of the Service whether it is notified to the Users in advance.
D. Each User shall be fully responsible for any breach of his/her obligations under these
Terms and Conditions or any outcome of such breach (including any losses or damages
that may be incurred by the Company) and the Company shall not be liable to any User
or third party in this regard.
E. Each User shall comply with all applicable laws in using the Service.
6.Intellectual Property Rights to the Contents
In addition to general restrictions of the above, the following restrictions shall specifically
apply to the use of the Contents by the Users.
A. The ownership or right to use any Marks to the Service and the Contents that can be
used within the Service shall belong to the Company, provided that such rights of the
Company shall be governed by the copyright laws and other applicable laws on intellectual property rights.
B. The Contents are provided to the Users as is. The Company is not responsible for the
accuracy, usefulness, safety or related intellectual property rights of the Contents that
can be used within the Service. The Users may encounter certain Contents in using the
Service that may be considered inaccurate, unpleasant, or otherwise inappropriate. Each
User agrees that he/she will not claim or seek any right or remedy, in law or equity, in this
regard against the Company, and that, to the extent permitted under the law, he/she will
warrant indemnification of the Company, its officers, directors, employees, shareholders,
related and/or affiliated companies, licensors and licensees in all matters related to the use of the Service./p>
C. Each User may access to the Contents only to obtain information and for personal uses
as indented in the functionality aspect of the Service and in the method permitted under
these Terms and Conditions. The Company and its licensors shall reserve all rights in the
Service and the Contents that are not expressly granted to the Users.
D. Each User shall be solely responsible his/her Contents and the outcome of his/her
uploading and publicizing such Contents on the Service. The Company denies any and
all liabilities for such Contents. The Company does not consent to or warrants the
substance of any Contents provided to the Service by any User or other licensors.
E. The Company may reproduce, distribute or use for any and all purposes without any
restrictions, including commercial purposes, any and all Contents including any User
comments, ideas, feedbacks, or any other information provided to GameDuck by such
User himself/herself. In addition, the Company does not request consent of or provide
compensation to such User in engaging in the above referenced conduct.
F. The ownership and copyrights to the Contents of a User shall all belong to such User.
Nonetheless, when the User displays, uploads or provides such Contents to or through
the Company, the User shall be deemed to have granted the following rights.
(1) A worldwide, non-exclusive, royalty-free, sub-licensable, transferable, perpetual and
irrevocable license to the Company to use the Contents for reproduction, distribution,
performance, public transmission or for the creation of derivative works in relation to
the Service and the operation of the Company. In particular, such license includes
but without limitation the Service, in whole or in part, the right to promote, advertise
and redistribute such Contents regardless of the format, media, utilization technology,
and media channels.
(2) A license to the Company to provide and sub-license the Contents which a User displays, to the third party, through collaboration with the third party, In such case, the separate terms and conditions may be applied to the User and such third party.
(3) A non-exclusive and perpetual license to other Users who use the Service to access
to his/her own Contents through the Service and to utilize functions of the Service to
use, reproduce, distribute, display or perform under these Terms and Conditions.
The above-referenced licenses granted in regard to the Contents permitted by any User
shall expire after twelve (12) months from the date when such User deletes or moves
his/her Game Videos from the Services.
G. The Company does not permit any conduct to infringe copyrights or intellectual property
rights on the Service. GameDuck does not censor the Contents in advance and, upon
receipt of a lawful notice that any Contents infringe intellectual property rights of a third
party, the Company will suspend the reproduction or transmission of such Contents. If the
Company suspends the reproduction or transmission of any Contents, the Company will
notify the User as such.
H. Each User shall warrant that any Contents provided by him/her to the Service do not
contain any material to which a third party owns copyrights or other intellectual property
rights; provided that, however, this provision does not apply (i) if the User obtains
permission from the lawful owner of such material or (ii) the Owner has the lawful right to
do so otherwise so that the User is entitled to display such material and to grant all
licenses as needed for such material.
I. Each User agrees not to display or upload any Contents or other data on the Service that
is in violation of the applicable (local, national or international) laws or regulations
J. If any Contents provided by a User infringe intellectual property rights and any other rights of a third party, then the User shall be solely liable and responsible for the foregoing infringement. In case any disputes or litigation come out or occur between the Company and the third party arising out of or due to the User’s breach of the above, the User shall fully defend the Company at its cost and responsibility and indemnify, defend and hold harmless the Company from and against any and all claims, losses, damages, obligations, charges, costs, liabilities and expenses (including but without limitation attorneys’ fees) that arise out of such disputes or litigation.
K. In case of any disputes that arise out of or in connection with any Contents provided by a User, the Company will not handle such disputes by conducting any activities to take measures to protect the User’s intellectual property right for and on behalf of the User
7. Information Sharing and Advertisement
A. The Company may provide the Users with various information that is considered necessary to use the Service through public notices or via electronic mail; provided that each User may decline at any time receipt such electronic mails except for responses to translation related information requests or customer inquiries pursuant to the applicable laws and regulations.
B. The Company may place advertisements related to the Service operation via the Service-related application program screen, homepage, electronic mail, etc. The User may express to the Company it declines receipt of any electronic mails with an advertisement.
C. The Service provided by the Company includes advertisements in various forms such as banners, links, etc., which may lead to a page provided by a third-party.
D. If a User is led to a page provided by a third party under Section (3) above, which is not serviced by the Company, the Company does not warrant its credibility or stability and shall not be held liable for any damages incurred by the User.
8. Purchase, In-App Payment
A. The Company may provide the Service that may be used by the Users without fee (the “Free Service”) and the Service that may be used for a fee predetermined by the Company (the “Service for Fee”), and a User may select and use each Service.
B. Payment of fees for the use of the Service may be made using the means offered by the Company.
C. A User may purchase the Service for Fee pursuant to the payment policy of each application store operator depending on the nature of devise of such User, and differences in payment policies may result in different amounts of fees. Furthermore, the purchase price for the Service for Fee shall be levied pursuant to the methods and policies of such application store operators as well as the mobile telecommunication or platform operators connected to such store operators, and the payment method shall follow the policies of the applicable operators.
D. The Service includes the In-App payment function to purchase In-App items.
E. A User shall prevent any In-App payment by a third party using a Password setting function in a device or offered in open markets, and the Company applies a module, library, etc. for In-App payments utilizing verification procedures, etc. offered in open markets pursuant to the recommendations of the applicable regulatory authorities and/or any guidelines concerning open market mobile content payments.
F. The Company shall not be held liable for any In-App payments made by a third party due to a User’s failure to use a Password setting function in a device or open markets or a User’s negligent exposure of its Password.
G. A User shall be responsible to make In-App payments faithfully.
9. Subscription Application Withdrawal, Purchase Price Refund, Etc.
A. The Service for Fee provided to a User by the Company shall be offered in two categories: the Service for with a subscription application can be withdrawn and the Service for which such withdrawal is restricted. The User may withdraw a subscription application for the Service permitting withdrawal within 7 days from purchase, and such withdrawal is restricted if it is made after the 7-day period expires or is otherwise restricted by the applicable laws and regulations. Any Service with restrictions on a subscription application withdrawal shall be indicated as such on a pop-up or linked screen.
B. If an excess payment of fees occurs due to the willful conduct of or causes attributed to a User, any expenses incurred by the Company to refund such excess shall be borne by the User to the extent that is reasonable.
C. Grounds for refund to be made to a User for causes attributed to the Company are as follows, provided that any refund shall be made upon the User’s request only.
(1) Ground for refund: It is substantially unfeasible to use the Service due to a material defect in the Service or certain data such as the usage data id deleted due to a problem with the Company servers
- Refund standards: Replacement at no cost with the same Service or the full refund of the purchase price at the Company’s discretion, provided that such refund will be handled by Google if purchased in the Google Play Market or the operators of the pertinent open markets.
(2) Ground for refund: It is no longer possible to provide the Service due to the permanent suspension of the network service
- Refund standards: Full refund of the purchase price subject to the User’s refund request the extent such price was paid for the Service for Fee within the 1-month period prior to the Company’s notice of discontinuing the network service and there is no record of the User accessing the network service
(3) Refund shall be made in principle to an account held by the owner of a device (including a mobile phone) or to an account held by his/her legal representative or one debited with fees if verification of such account is difficult because the account holder is a minor or for other reasons.
(4) Upon a User’s refund request, the Company may verify the purchase details and request the User to submit the following documents for identification purposes, which the User shall submit to the Company via facsimile transmission, etc. A legal representative of the User may request a refund if identification is difficult because the User is a minor or for other reasons, and a document to certify the person requesting a refund is the legal representative shall be also submitted.
(5) If the User withdraws a subscription application, the Company will take back or delete the User’s paid up contents and the Service for Fee and refund the payment received from the User within 5 business days from the date of deletion. If the Company delays such repayment to the User, the Company shall pay default interest for the period of delay at the rate set forth in the applicable laws and regulations.
10. Termination of Account
A. If any User repeatedly infringes other persons’ rights, the Company will suspend or terminate such User’s access to the Service.
B. The Company reserves the right to determine whether any Contents are in violation of these Terms and Conditions for any reasons other than copyright infringements (e.g., distributing pornography, being prohibited in other applicable laws or exceeding the permissible scope by the good morals or other social norms, uploading the Game Videos exceeding the permitted scale, etc.). The Company may, at its sole discretion and at any time without an advance notice, terminate any User’s GameDuck Account to prevent such User from deleting or transmitting any problematic Contents or uploading any data in violation of these Terms and Conditions.
C. These Terms and Conditions shall remain valid and in effect until they are terminated by a User or the Company in any of the following methods.
(1) A User may close his/her GameDuck Account if he/she desires to terminate the contractual relationship with the Company.
(2) The Company may terminate the contractual relationship with any User at any time in case of any of the following.
- If such User has breached or it is obvious such User is likely to breach any provision of these Terms and Conditions; or
- If the Company is legally required to terminate the contractual relationship with such User
(3) The Company may terminate the contractual relationship with a User in case of any of the following.
- If the Company determines to discontinue providing the Service to the country where such User resides or uses the Service; or
- If it is no longer commercially feasible for the Company to provide the Service to such User in the Company’s judgment.
Whether Paragraph (a) or (b) occurs, the Company will notify termination in a way as reasonable as possible.
(4) Upon termination of these Terms and Conditions, all legal rights and obligations as applied to the User and the Company shall be nullified as of termination; provided that Clause 6 on intellectual property rights under these Terms and Conditions hereunder shall remain in effect
Each User shall be solely responsible for all risks related to the use of the Service.
maximum extent permitted under the law, the Company and its officers, directors, employees
and agents disclaim any and all warranties (whether express or implied) related to the use of
the Service. The Service will be provided “as is” and “where is”. The Company does not make
any warranties about the accuracy or completeness of any Contents on the Company’s website
or of another website linked to the Company’s, and shall not bear any liability or responsibility
arising out of the following grounds
(I) Any error, negligence or inaccuracy of the Contents
(II) Any personal injury or disaster arising out of an access to or use of the Service
(III) Any unauthorized access to or use of the Company’s secured server and/or any
(IV) Any interruption or interference in the transmission to or from the Service of the
(V) Any bug, virus, Trojan horse, or anything equivalent that could be transmitted to the
(VI) Any losses or damages arising from an error or omission in the Contents or the use
The Company disclaims any warranty of or consent to and is not liable for the goods or services
as advertised or provided by a third party through the Service, any hyperlinked service, functions on a banner,
or other promotional materials. In addition, the Company is not a party to any transaction between
a User and a third-party provider of goods and services,
and has no responsibility to monitor such transactions.
Regardless of the pertinent media or circumstances,
each User shall make the best efforts to judge and pay attention with respect to the purchase of any goods and services.
12. Limitation of LiabilityUnder no circumstances shall the Company or its officers, directors, employees or agents be
(I) Any error, negligence or inaccuracy of the Contents
(II) All incidents of personal injury or disaster arising out of the access to or use of the
Service provided by the Company;
(III) Any unauthorized access to or use of any secured server of the Company and/or any
personal and/or financial data stored in such server
(IV) Any interruption or suspension of transmission from or to the Service of the Company
(V) Any bug, virus, Trojan horse, or anything equivalent thereto that could be transmitted
to or through the Service through a third party; or
(VI) Any losses or damages incurred by an error or omission in the Contents or the use of
any Contents by a User as provided through the Service
Notwithstanding the foregoing losses or damages as claimed are ground on warranty,
contract, tort or other legal theories and the Company was made aware of the possibility of
such losses or damages, the provisions of this Clause 9 shall apply to the limitation of liability
to be borne by the Company. Limitation of liability as set forth in this Clause 9 shall be
applied in any jurisdiction to the maximum extent permitted under the applicable laws.
In particular, each User acknowledges that the Company is not liable for any libel, slander,
defamation or other unlawful act by any Contents or a third party and that such User shall be
solely liable for the risk of any harm or loss arising out of the foregoing causes.
13. IndemnityTo the extent permitted under the laws and regulations, each User agrees to indemnify
(i) Use of the Service by such User;
(ii) Breach of any term under these Terms and Conditions by such User;
(iii) Infringement of a third-party rights by such User including copyrights, property rights, personal data protection rights, etc.; or
(iv) Claim of losses incurred by a third party due to such User’s Contents.
Such obligation to indemnify and defend shall remain in effect after the expiration of these
Terms and Conditions or the use of the Service by such User.
14. Qualification to Accept
Each User warrants that he/she has attained the legal age of majority or obtained the
consent of his/her legal parents or guardian, and is fully authorized to agree to the terms,
obligations, confirmations, representations and warranties under these Terms and Conditions
and to comply with these Terms and Conditions. As the Service shall not be provided to any
minor under the age of fourteen (14), the Service may not be used under any circumstances
by a User under the age of fourteen (14).
No User may assign or transfer these Terms and Conditions or any rights or licenses granted
hereunder while the Company may make an assignment without any restrictions.
A. These Terms and Conditions constitute an entire agreement between the Users and the
Company, and all matter regarding the use of the Service by the Users shall be governed
based hereon, and these Terms and Conditions completely supersede the existing
agreements between the Users and the Company regarding the Service.
B.The Users agree that the Company may send to each User various notices on the
amendment, modification, etc. of these Terms and Conditions via an electronic mail,
regular mail, a notice screen on the Service, etc. If a User continues to use the Service
after an amendment or modification hereof, it shall be deemed as such User’s consent to
the amended or modified term.
C.A waiver or release of a particular provision under these Terms and Conditions shall not
be construed to be a perpetual waiver or release of such provision and shall not be
construed broadly as a waiver and/or release of other provisions under these Terms and
Conditions. A failure of the Company to exercise any right or power it has under these
Terms and Conditions shall not be construed as a waiver or release of such right or power
D. If any particular provision under these Terms and Conditions is held invalid by the
competent court having the jurisdiction over these Terms and Conditions, the pertinent
provision shall be deleted from these Terms and Conditions and the remaining provision
shall not be affected and will remain in full force and effect.
E. These Terms and Condition and the relationship between the Company and the Users
hereunder shall be construed and governed by the laws of the Republic of Korea.
The Seoul Central District Court shall have exclusive jurisdiction for all disputes between the
Users and the Company that arise in connection with the Service. Notwithstanding the
foregoing, each User agrees that the Company may seek equitable remedies such as an
injunctive relief in any jurisdiction.
(Effective Date) These Terms and Conditions will apply from 27 January 2016.
Published on 27 December 2015
Effective on 27 January 2015