Terms and Conditions of Digital Contents Use
[implementation 2008.7.30] [culture & athletics tourism department directorate]
Chapter 1 General
Article 1(Objective) The purpose of these Terms and Conditions of digital Contents Use (collectively referred to herein below as this “Agreement”) is to regulate the rights, liabilities and responsibilities of the company and the users while the digital contents (collectively referred to herein below as this “contents”) and various services online by the company is in use.
Article 2(Definition) The terms used in the Agreement is defined as such
- “Company” is defined as those that operate and manage economic activity regarding “contents” industry, as providers of the contents and other various services.
- “User” is defined as those that use the “Company”’s contents and other various services as stated in the Agreement. “User” is not limited to members, but non-members included.
- “Member” is defined as “User” that has accepted the Agreement then given an ID. “Member” is continuously provided with information and services by the “Company.”
- “Non-member” is defined as “User” that is not a “Member” that uses services provided by the “Company.”
- “Contents” is defined as data or information expressed as sign, letter, voice, image and/or video that are digitally created or refined to be preserved or used to better utility. This regulated under article 2, paragraph 1, subparagraph 1 of legislation regarding the promotion of information and communication network use and protection of information.
- “ID” is defined as combination of letters and numbers to provide services and differenciate individual members. “ID” is chosen by the “Member” and approved by the “Company.”
- “Password” is defined as combination of letters and numbers decided by the “Member” used to verify that the “Password” corresponds with the “ID” of the “Member” for protection of information.
Article 3(Provision of identified information) “Company” states contents, company name, representative, company address, phone number, transmission number, email address, business licence number, mail-order business report number, CPO contact, and etc on the online service page for the user to easily navigate such information. Yet, the terms and conditions can be accessed by the user through a bridging webpage.
Article 4(Posting of terms and conditions)
- “Company” takes measures for “User” to be able to print the entire agreement and be able to view the content during the transaction process.
- “Company” provides technological tool for the “User” to be provided with a response for enquiries.
- “Company” along with the an agreement to the terms and conditions, provide a bridging webpage or a pop-up for the “User” to easily comprehend the consumer rights of defense, conditions to refund and etc for confirmation.
Article 5(Revision of terms and conditions)
- “Company” is able to revise the terms and conditions within the boundaries of consumer protection laws including Digital Contents Industry Development Act and electronic commerce but not limited to.
- When the “Company” does revise the terms and conditions, application date and revision causes will clearly be stated along with existing agreement on the initial serice page at least 7 days prior to the change. To the existing members, the revised terms and conditions is sent via an e-mail.
- In case of a revision to the terms and conditions by the “Company,” the “User” is notified with the revised terms and conditions, and asked for confirmation to assent. If the “User” does not assent to the revised Agreement, the “Company” or the “User” may terminate the agreement. In this case, “User” is compensated with any loss from termination of contract.
Article 6(Interpretation of terms and conditions) The interpretation of the Agreement and subjects not defined or determined by the Agreement follow Consumer Protection Act, Act on Regulation of Terms, Digital Content User Protection Guidelines decided by the minister of culture, sports and tourism, and other related laws within Digital Contents Industry Development Act and electronic commerce.
Chapter 2 Membership
- The “Company” approves and grants membership once the “User” requests for a membership after deciding to agree to the terms and conditions.
Following information is required to request for a membership. A through C are compulsory, and the rest are optional.
- Name and personal identification number of the “User.”
- ID and password
- E-mail address
- The types of contents to be used
- Other information the “Company” recognizes as necessary.
Accepting above “User’s” request for membership is part of the “Company’s” principle. However, the “Company” may reject any requests relavent to the reasons below.
- In case of if the requestor has lost one’s membership previleges in the past.
- In case if a false name or someone else’s identification is used.
- In case of filling out false or irrelevant information.
- In case if the disproval is due to the “User's” fault or if the “User” is in violation of other prescribed matters.
- Membership approval may be deferred if the “Company” lacks the facility and the system to do so, or has technical or business issues
- “Company” must notify the requestor if the membership request is disapproved or deferred. If the notification is unable to reach the requestor for reasons without liability to the “Company,” is an exception.
- The initiation of agreement to membership contract would be once the “Company’s” approval notice reaches the “User.”
Article 8(Special provision to membership for minors)
- “User” below the age of 14 must have full knowledge of personal information collection and the purpose of it’s use. The “User” must have approval from a parent or a legal representative before providing personal information.
- “Company” will revoke or disapprove the membership of the minor if a confirmation procedure was not agreed upon with a parent or a legal representative.
- The parent or the legal representative of a minor may request withdraw from agreement to view, correct, or renew personal information. In this case, the “Company” must take necessary measures without delay
Article 9(Alteration to membership information)
- “Member” may view or make changes whenever through personal information management page.
- If there needs to be changes made to the initial information entered, an alteration must be made online or an e-mail must be sent to the “Company” for alteration.
- The “Company” is not responsible for any disadvantages caused by lack of action for information alteration needed.
Article 10(Responsibility for the “Member” to manage one’s own “ID” and “Password.”)
- The “Member” is responsible for the management of one’s own “ID” and “Password,” and any third party use must not be allowed.
- In case if the “Member” is aware of any third party use of “ID” and “Password,” the “Member” must contact the “Company” imediately and follow guidelines provided.
- The “Company” is not responsible for any disadvantages if the “Company” is not contacted or provided guidelines are not followed.
Article 11(Notifications for the “Member”)
- In case of any notifications the “Company” has for the “Member,” the notification will be sent to the e-mail the “Member” has designated.
- In case of any notifications the “Company” has for all “Members,” the notification must be on the bulletin board for more than 7 days as a substitute for sending e-mails. If the matter regards individual “Member’s” transactions that are impactful, individual e-mails will be sent.
Article 12(Cancelation of Membership and/or loss of membership qualification)
- The “Member” may request for cancelation of membership at any time, and the “Company” will imediately process the cancelation
For any of the reasons below, the “Company” has the authority to restrict or suspend the membership of the “Member.”
- In case if any false information was given during the process of membership application.
- In case if payment of any sort to the “Company” is not made within the appointed date by the “Member.”
- In case if e-commerce order is threatened through obstruction of other “Member’s” use of service or plagiarism of information.
- In case if any act or behavior that goes against the public order and morals through the use of the “Company’s” service
- After a membership is restricted or suspended by the “Company,” the membership could be terminated if such action repeats more than twice or a rectification is not made within 30 days.
- The “Company” will erase membership information after a termination of membership is done. In this case, the “Member” is given a notice for a chance to
Chapter 3 Contents licence agreement
Article 13(Posting of contents)
The "Company" shall display the following items on the initial screen of use of the "Content"
- The name or title of the "Content"
- Production and display dates of "contents"
- The name of the “Content” creator (name of the corporation if it is a corporation), address, telephone number
- Contents of "Content", usage method, usage fee and other conditions of use
- "Company" shall provide the "user" with the information on the available equipment and the minimum technical specifications for use by "content" in the process of contracting.
Article 14(Establishment of the Contract of Usage, etc.)
The "User" applies for the use by the following or similar procedures provided by the Company. The "Company" provides information to enable the "User" to accurately understand and deal with mistakes or mistakes about each issue before signing the contract.
- Viewing and selecting the "Content" list
- Entry of name, address, phone number (or mobile phone number), email address, etc.
- Confirmation of the contents of the terms and conditions of the "Company" in relation to the "Content" that can not be withdrawn from the subscription.
- Identifying or refusing to Paragraph 3 after an agreement to terms and conditions (such as mouse clicks.)
- Confirmation of Application for Use of "Content" or Consent to Confirmation of "Company"
- Selection of payment method.
"Company" may not accept or suspend approval if the application for use of "user" falls under any of the following items:
- If a fake name or someone's name is used
- If any false information is given or if information required by the “Company” is not given.
- If a minor wants to use "content" that is prohibited by the Juvenile Protection Act
- If there is no room for service-related facilities, technical or if there is a business problem
- The consent of the Company shall be deemed to have been established at the time when the consent of the Company reaches the "User" in the form of the acknowledgment notice of Article 16 (1).
- The declaration of acceptance from the “Company" includes information on the application for use of the "user", information on the availability of the service, and information on correcting / canceling the application for use.
Article 15(Special Provisions Regarding the Contract for the Use of Minors) The company must notify that, if a person under the age of 20 intends to use the paid service without obtaining a consent of the legal representative such as a parent, the legal representative can cancel the contract before the contract is concluded.
Article 16(Change of Cancellation Notification, Application for Cancellation and Cancellation of Application for Use)
- "Company" shall notify the "User" if the user has applied for use.
- The "user" who receives the acknowledgment of receipt may request the change or cancellation of the application for use immediately after receiving the receipt confirmation notice if there are any discrepancies. The "Company" in such cases, shall be dealt with in accordance with the request without delay. However, if payment has already been made, it shall be subject to the provisions of Article 27 concerning withdrawal of subscription.
Article 17(Obligations of the Company)
- The Company shall faithfully perform the laws and regulations and the exercise of the rights set forth in these Terms and the fulfillment of its obligations.
- "Company" shall have a security system to protect personal information (including credit information) so that "user" can safely use the "contents," and shall publicize and abide by the personal information protection policy.
- "Company" shall take measures to ensure that "User" can check the contents usage and payment details from time to time.
- "Company" will deal with the content usage without delay if the opinions or complaints raised by the "User" deems to be fair. For comments or complaints submitted by users, the process of management and results are posted on the bulletin board or sent through e-mail.
- "Company" shall indemnify "User" for damages caused by breach of duty stipulated in these Terms and Conditions.
Article 18(Obligations of the "User")
The "User" shall not engage in the following activities.
- Entry of false information when applying or changing
- Illegal use of information of others
- Making changes to information posted by the "Company"
- Sending or posting information (computer programs, etc.) prohibited by the Company
- Infringement of intellectual property rights, including copyrights of the "Company" and other third parties
- Acts that damage the honor of the Company and other third parties or obstruction of business
- Disclosing or posting obscene or violent content in speech, writing, or sound on the "Company" site information that is contrary to the public good
- Other illegal or unlawful acts
Article 19(Payment Method) Payment of the "Content" use may be made by any of the following methods. However, "Company" does not collect any additional fee for the method of payment of "User".
- Various account transfers such as phone banking, Internet banking, and e-banking
- Prepaid card, debit card, credit card
- Online deposit
- Payment by electronic money
- Payment by points paid by "company" such as mileage
- Payment by means of a gift certificates authorized by the "Company"
- Payment by phone or mobile phone
- Payment by other electronic payment methods, etc.
Article 20(Provision and Suspension of Content Service)
- The content service is provided 24 hours a day, 7 days a week.
- The "Company" may temporarily suspend the provision of the contents service if there is maintenance, replacement, breakdown of communications, loss of communication, or operational reasons for the information and communication facilities such as computers. In this case, the "Company" will notify the "User" in the manner prescribed in Article 11 [Notification to “Member”]. However, if there is an unavoidable reason that the Company can not notify in advance, it may notify after the problem is solved.
- The Company shall compensate for damages incurred for no apparent reason to the User due to temporary interruption in the provision of the Contents Service. However, this does not apply if the "Company" proves that it is not intentional or negligent.
- "Company" can carry out periodic inspection if necessary for the provision of contents service, and the periodical inspection time will be notified on the service providing screen.
- In the event that it becomes impossible to provide contents service on the grounds of conversion of business items, abandonment of business, integration between companies, "Company" shall notify "user" in the manner prescribed in Article 11 [Notification to “Member,”] and to the "user" in accordance with the conditions originally proposed by the Company. However, in the event that the Company does not notify the compensation standard or the compensation standard is not appropriate, the mileage or reserve of the user shall be paid in cash or of similar sort to the user.
Article 21(Change of Content Service)
- "Company" may change the content service provided for operational and technological needs when there is a substantial reason.
- "Company" will post the reason of change, substance of content to be changed, and the date of presentation, etc. on the initial screen of the content for 7 days or more before the change.
- In case the contents changed in the case of Paragraph 2 are serious or disadvantageous to the "user", the "company" notifies the "user" provided with the contents service by the method specified in Article 11 [notification to "member"]. At this time, the "Company" provides the service before the change to the "User" who refused the agreement to change. However, if such a service can not be provided, the contract can be terminated.
- "Company" shall compensate for damages caused to "User" due to the change of service under Paragraph 1 and termination of the contract under Paragraph 3.
Article 22(Provision of Information and Placement of Advertisements)
- The Company may provide various kinds of information that the User considers necessary during the use of the Content to the Member by means of notices or e-mail. However, "Membership" can be refused at any time via e-mail.
- When the information of Paragraph ① is tried to be transmitted by telephone or copying machine, it is transmitted after the prior consent of "Member".
- "Company" can display advertisements on content screen, homepage, e-mail, etc. in relation to "content" service provision. The "member" who receives the e-mail with the advertisement and the like can refuse the reception from the "company".
Article 23(Deletion of Postings)
- The "Company" shall delete any post harmful to media of the youth that violates the Act on Information Network Promotion and Information Protection etc. on the bulletin board without delay. However, there is an exception for bulletin boards that are available only to "users" over the age of 19.
- Any person who is infringed by the law due to the information posted on the bulletin board operated by the Company may request the Company to delete the information or to post a refusal. In this case, the "Company" takes necessary measures without delay and immediately notifies the applicant.
Article 24(Ownership of Copyright, etc.)
- The copyright and other intellectual property rights of the work created by the Company shall belong to the Company.
- Among the services provided by the Company, the copyrights and other intellectual property rights of the works provided by the partnership contract belong to the provider.
- "User" may not use any information obtained by using the service provided by "Company" without the prior consent of "Company" or provider in duplication, transmission, publication, distribution, broadcast or any other method for commercial purposes or for a third party use.
- "Company" is authorized to use the work of "user" in accordance with the agreement.
Article 25(Protection of Personal Information)
- "Company" may collect the minimum information necessary for the use of the contents of "User" in addition to the items described in Article 7 (2). The "user" shall make a sincere notion of the truth about the inquiries made by the company.
- When the "Company" collects "personal information" that can be personally identified by "user", a consent from the User must be received in prior.
"Company" shall not use the information provided by the "user" for the purpose of use and the information collected by paragraph 1 outside the purpose without the consent of the "user" or provide it to the third party, and the violation of this case would be under the liability of the "Company". Exceptions are made for the following cases.
- Where necessary for statistical writing, academic research or market research, in an unidentifiable form of a specific individual
- When necessary for the settlement of charges according to the provision of "contents"
- In order to prevent identity theft
- If there is an unavoidable reason required by the provisions of the agreement or the statute
- If the "Company" is required to obtain the consent of the "User" pursuant to Paragraphs (2) and (3), the identity of the person in charge of the management of the "Personal Information" (name, affiliation, and contact information such as phone number), the purpose of collection and use of information, or concerning the matters related to the provision of information on third parties (contents to be provided, purpose of providing and information to be provided) the matters specified in Article 22 (2) of the Act on the Promotion of Information and Communication Network Utilization and Information Protection, etc. must be followed
- "User" may revoke the consent of Paragraph 3 at any time.
- "User" may ask the “Company” for the correction of the error and the reading of his / her "personal information" of him / her at any time, and the Company shall be obliged to take necessary measures without delay. If the "User" requests correction of the error, "Company" will not use the "Personal Information" until the correction of the error.
- "Company" shall limit the number of administrators for the protection of personal information and shall be liable for the loss, theft, leakage, alteration of "personal information" of "user" including credit card or bank account information.
- "Company" or any person provided with "Personal Information" therefrom may use "Personal Information" to the extent that "User" agrees, and if the purpose is accomplished, it will destroy the "Personal Information" without delay.
Chapter 4 Withdrawal of Application for the Contract of Contents use, the Termination of Contract, and Restriction of Use
Article 26(Consumer Right of Defense and Cancellation of Subscription by User)
A user who has entered into a contract for the use of "Company" and "Content" may withdraw from subscription within 7 days from receiving confirmation of receipt. However, if the Company takes one of the following actions, the right for the withdrawal of the User may be restricted.
- If there is a statement in identified term that withdrawal from subscription is impossible regarding the "content" is included
- If product was provided for trial
- If a method of temporary or partial use was provided
"User" may cancel or terminate the content usage agreement within three months from the date of receiving the "Content" or within 30 days from the date informed of a reason within any of the following items.
- If the "Content" agreed to in the contract of use is not provided
- If the "content" provided is different or markedly different from the display, advertisement, etc.
- Any other "Content" that is not possible to use normally due to defects
- The withdrawal of the subscription under Paragraph 1 and the cancellation or termination of the contract under Paragraph 2 will take effect when the "User" displays the intention to the "Company" by telephone, e-mail or co-transfer.
- "Company" shall reply to "User" without delay after receiving the indication for the withdrawal of the subscription or termination of the contract indicated by "User" in accordance with Paragraph 3.
- The "User" may require a period of time before he / she expresses his / her intention to cancel or terminate the contract due to Paragraph 2, and request the complete "Content" or restoration of the use of the Service.
Article 27(Effect of withdrawal of subscription, and termination of subscription by User)
- Company shall not be liable to subscriber for the purpose of canceling or terminating the contract. The money must be refunded in the same manner as the payment within 3 business days from the date of reply, and if you can not refund the money in the same way, you must notify it in advance. In this case, if the Company delays the refund to the User, the Company shall pay the delayed interest calculated by multiplying the delayed interest rate determined and announced by the Fair Trade Commission for the delay period.
- When the "Company" refunds in accordance with Paragraph (1), the "User" can deduct the amount equivalent to the profits derived from the use of the Service and refund it.
- In refunding the above amount, the "Company" shall request to stop or cancel, when the User pays the goods in the form of such as credit card or electronic money, to the provider who provided the payment means without delay. However, this may not be the case when the amount deduction under Paragraph 2 is required.
- If the "Company", "the person who was paid for the contents, etc." or "the person who concluded the contents use contract with the user" is not the same person, each person shall be obliged to withdraw the contract or to cancel the contract as jointly responsible for implementation.
- "Company" does not charge "User" for penalty or damages for withdrawal of subscription. However, the termination of the contract of the "user" does not affect claims for damages.
Article 28(Cancellation and Termination of the Contract by the Company and Restriction of Use)
- The "Company" may terminate the contract or restrict for a period without prior notice in the event that the "user" acts in accordance to Article 12 Clause 2.
- Cancellation or termination in Paragraph (1) shall take effect when it has indicated its intention to the "User" in accordance with the notification method set by the “Company.”
- If the “User” feels that cancellation or termination by the "Company" isn’t justified, "User" may file an appeal in accordance with procedures set by "Company". If the "Company" acknowledges that the objection is justified at this time, the "Company" immediately resumes use of the Service.
Article 29(Effect of Cancellation or Termination of Company's Contract) Article 27 shall apply to the effect of cancellation and termination of the contract of use in accordance with the cause of the "user". However, the "Company" refunds the "User" in the same manner as the settlement of accounts within seven 7 business days from the date of declaration of cancellation or termination of the contract.
Chapter 5 Fraud, damage compensation etc.
Article 30(Faulty payment)
- The Company shall refund the total amount of the faulty payment in the same manner as the settlement of payment in the event of a fault. However, we will notify you in advance if refunds are not possible in the same way.
- In the case of fault caused by the responsibility of the “Company,” the “Company” shall refund the entire amount of the faulty payment regardless of the contract fee or commissions. However, in the event of fault caused by the “User”, the “User” shall be responsible for the expenses incurred by the Company for refunding the faulty payment.
- The Company shall be responsible for proving that the use charge is legitimately applied when refusing to refund for the fault alleged by "User".
- "Company" shall process the refund procedure for the fault according to the Guidelines for Protection of Digital Content Users.
Article 31(Compensation for damages to users due to content defects) The Company shall deal with the criteria, scope, methods and procedures of user compensation for damages caused by content defects in accordance with Digital Content Users Protection Guidelines.
Article 32(Exemption clause)
- "Company" is not liable for the provision of "Content" if it can not provide "Content" due to natural disasters or force majeure.
- "Company" shall not be held responsible for the obstacle of the use of the contents due to the cause of the "user".
- "Company" shall not be held responsible for the contents of the information, data, facts, credibility, accuracy etc. of "members" in relation to "contents".
- "Company" shall not be liable for any dispute arising between "users" or between "users" and third parties through "content".
Article 33(Settlement of Disputes) The Company shall take appropriate and prompt measures in the event of a dispute, reflecting the legitimate opinions and complaints posed by the User. However, when it is difficult to process promptly, the "Company" notifies the "User" of the reason and the processing schedule.