TERMS OF SERVICE
Chapter I General Provisions
Article 1 (Purpose)
Article 2 (Definitions)
As used in these Terms of Service, the following capitalized terms shall have the respective meanings ascribed to them below:
(a) “Member”: Any legal entity or individual who accesses and connects to the website operated by the Company, and is assigned with an ID and Password after consenting to these Terms of Service, and uses the Service provided by the Company. There are two types of membership: Full Member and Ordinary Member
(1) “Full Member”: Any legal entity or an individual who is a party to the Service Agreement with respect to a paid Service, has submitted its application for such Service to the Company, is approved by the Company, and has the obligation to pay the Service Fee to the Company for such Service.
(2) “Ordinary Member”: Any legal entity or an individual who has consented to the Terms of Service of the website operated by the Company, and is registered as a Member through the Company’s “Application and Acceptance” process.
(b) “ID”: A unique combination of letters and numbers, or the Member’s e-mail address as the case may be, which is selected by the Member and approved by the Company for identification of the Member and use of the Service.
(c) “Password”: A unique combination of letters, numbers and characters which is selected by the Member for its assigned ID to protect its confidential information during communication.
(d) “Service Agreement”: An agreement entered into by and between the Company and the Member in connection with use of the Service.
(e) “Service”: Internet-based services provided by the company so that members or users can use various wired and wireless devices, such as PCs and portable terminals, and real-time streaming editing platforms through the Internet;
(f) “Termination of Agreement”: An act of ending the Service Agreement by the Company or the Member (including a membership applicant) after the commencement of the Service by which the Service Agreement becomes no longer effective.
(g) “Rescission of Agreement”: An act of ending the Service Agreement by the Company or a membership applicant before the commencement of the Service.
(h) “Service Commencement Date”: A date on which the Company has taken and completed necessary measures, after the Member’s application for the Service, so that the Member can use such Service.
(i) “Illegal Communication”: Any communication which includes any obscene contents, contents that may defame others by libel, slander or false information, intellectual property infringement such as unauthorized reproduction, unauthorized disclosure or leakage of state secrets or media contents harmful to minors and teenagers under the Juvenile Protection Act.
(j) “Post”: any information in the form of texts, photos, audio-visuals and various files and links, consisting of any signs, codes, characters, letters, voice, sound, images or videos, as posted or displayed by the Member while using the Service at any website operated by the Company or any wired or wireless devices such as PCs, portable devices and TVs.
(k) “Payment Service Provider”: Any professional electronic payment service provider which is designated by the Company to make various payment options available to the Member.
(l) “Service Fee”: Any service fees, charges, and costs payable by a user to the Company for his/her/its use of the Service.
Article 3 (Effectiveness and Amendment)
(a) These Terms of Service shall take effect upon the publication on the relevant product/Service website (www.mobizen.com).
(b) Upon consenting to these Terms of Service and obtaining membership, the Member shall be subject to these Terms of Service, and in case of any amendments to these Terms of Service, such amended terms shall be applicable to the Member as of the effective date of such amendments.
(c) The Company may amend these Terms of Service if it deems necessary. In the event of amending these Terms of Service, the Company shall specify the amended terms and the effective date thereof, and post them on its website or provide notification to its Members by email transmission, by no later than 7 days prior to the effective date of such amendments; provided, however, that if the amended terms are material to the Member or have adverse effect on the Member, such posting or notice shall be made 30 days prior to the effective date of such amendments. Any amendments to these Terms of Service shall take effect on the effective date as posted or notified in the foregoing manner.
(d) Any Member who does not consent to any amendments to these Terms of Service may cease its use of the Service and terminate the Service Agreement (cancellation of membership). Any Member who has not cancelled its membership until the applicable effective date of such amendments shall be deemed to have consented to such amendments.
Article 4 (Application of These Terms of Service, and Other Applicable Laws and Regulations)
The Company may provide specific terms and rules applicable to each individual Service based on the nature and characteristic of such Service. Any matters not set forth in these Terms of Service shall be governed by applicable laws and regulations, including the Act on the Consumer Protection in Electronic Commerce Etc. (the “E-Commerce Act”) and the Act on Promotion of Information and Communications Network Utilization and Information Protection Etc. (the “Information Network Act”), and the Service-specific terms and rules provided by the Company in relation to the relevant Service.
Chapter II Service Agreement
Article 5 (Formation of Service Agreement)
(a) A Service Agreement is formed by and between a Member and the Company when the Member who wishes to use the Company’s Service consents to these Terms of Service and applies for use of such Service in accordance with the form and procedure proposed by the Company, and the Company accepts such application of the Member.
(b) A Member who wishes to use the Service shall be deemed to have expressly consented to these Terms of Service by checking the “I Agree” or “I Accept” box to these Terms of Service.
(c) Upon formation of the Service Agreement, the Company shall assign an ID to the Member in accordance with these Terms of Service. In principle, the Member’s ID cannot be changed once assigned.
(d) All information entered into online application form for the Service shall be deemed as true and accurate data, and any Member who has not entered its/his/her full legal name or true and accurate information may not be entitled to the protection of the law.
Article 6 (Application for Service)
(a) A Member shall apply for the Service by entering the following information into the application form on the membership application page (or user registration page):
(4) Trade or company name of a legal entity to which the Member is affiliated
(6) Contact information (landline phone number, mobile phone number)
(b) In addition to Paragraph (a) above, any Member who wishes to use the paid Service must also submit the following documents to the Company in person, by mail, fax or any other means acceptable to the Company (provided that, any Service available to an individual by payment linked to an app store operator may be excused from the requirements under this Paragraph):
(1) Service Application (prescribed form)
(2) Certificate of Business Registration of the person responsible for the payment of Service Fee (a copy of resident registration certificate or identification card in case of an individual)
(3) Any other documents as requested by the Company for verification of identification, payment of Service Fee, etc.
(c) If a Member who wishes to apply for the Service is a minor or incompetent, when applying for the Service, such Member must designate his/her parent or legal representative as the applicant and the person responsible for payment of the Service Fee.
Article 7 (Acceptance of Application for Service, and Reservation of Acceptance)
In principle, the Company shall accept the Member’s application for the Service unless there are any issues with respect to these Terms of Service or the Company’s business or technology. In any of the following cases, the Company may reserve its acceptance of, or reject, the Member’s application for the Service:
(a) If the Member applies for the Service by illegally using someone else’s name;
(b) If he Member provides false or inaccurate information in the application form, or submits any falsified or fake document;
(c) If the Member uses any of the Company’s service through illicit or abnormal means (including any bypassing of geo-blocking technology) in a territory where such service is not offered by the Company;
(d) If the Member’s use of the Service may raise a concern that it may disturb public peace and order or harm social morals and customs;
(e) If the Member is registered as a delinquent under the Credit Information Use and Protection Act;
(f) If there is any outstanding Service Fee owed to the Company;
(g) If the Company’s equipment or facility has insufficient capacity to provide the Service or it is technically difficult to provide the Service;
(h) If the acceptance becomes difficult due to any cause attributed to the applicant; or
(i) If the Company deems such reservation or rejection is necessary for any other reasons.
Article 8 (Amendment of Service Agreement)
In any of the following cases, the Member must immediately notify the Company by email or in accordance with the Company’s instructions:
(a) In case of any changes in the name, trade or company name, address or contact information of the Member and the person responsible for payment of Service Fee;
(1) You can cancel your Mobizen subscription at any time, and you will continue to have access to the mobizen service through the end of your billing cycle.
(2) To cancel, go to the "My account" page and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing cycle. Cancellation requests via email or phone are not considered and are not performed.
(3) Canceling a membership subscription does not immediately lose access.
(4) Your membership will continue until the end of the current billing cycle. For example: If your credit card is charged on the 15th of the month and you cancel on May 25th, you will not lose access until June 15th.
(5) Refunds for these remaining periods paid to monthly subscribers and annual subscribers are all calculated on a monthly subscription basis (not on a discounted annual subscription basis) relative to the period from the start of the payment cycle to the immediate cancellation application date.
(6) Therefore, in the case of an annual plan, a refund for the remaining period will not be paid or additionally charged even if you cancel the subscription immediately from the 11th month of the subscription period to the end of the payment cycle.
(b) In case of any changes in the content of the Service (type of Service, term of Service Agreement, etc.); or
(c) In case of any changes in the payment method
Article 9 (Termination of Service Agreement)
(a) If the Member wishes to terminate the Service Agreement, the Member must personally submit its request for termination to the Company by no later than 7 days prior to the termination by online, telephone, fax, email and the like.
(b) Upon termination of the Service as per the Member’s request for termination, the Member shall be responsible for loss of any Post or the Member’s information, and the Member may not claim for any damages against the Company for such loss.
(c) The Company may terminate the Service Agreement in any of the following cases:
(1) Member falls under any of the cases set forth in Article 29 (Limitation on Use of Service); or
(2) If the Member breaches any of its obligations set forth in Article 32 (Member’s Obligations).
Chapter III Commencement and Use of Service
Article 10 (Commencement of Service)
(a) In principle, the Service shall commence when the Company accepts the Member’s application for such Service, and the applicable Service Fee is paid in advance as per the process proposed by the Company, except in case where the Company and the Member mutually consult and agree otherwise.
(b) If the Company is not able to commence the Service due to its business or technical difficulties or impediments, it shall publicly disclose such issue on its website or such Service website or notify the Member.
Article 11 (Service Hours)
(a) The Member may use the Service provided by the Company in compliance with these Terms of Service.
(b) Unless the Company suffers any business or technical difficulties or hinderances, in principle, the Service shall be available for use 24 hours a day, 7 days a week; provided, however, that the Company may limit all or any part of the Service for regular or random system checks or for other reasons the Company deems necessary.
Article 12 (Additions or Changes of Content in Service)
(a) The Company may add or change any content in the Service, without prior notice, when it deems such addition or change necessary, and if required, the Company may post such addition or change on the relevant Service website or send notification thereof by email and the like.
(b) The Company may modify, discontinue or change all or any part of the Service that is offered for free based on the needs under its corporate policy or operation, and the Company shall not be obliged to compensate the Member in connection therewith, unless any specific provision under applicable laws and regulations stipulate otherwise.
Article 13 (Consent to Use Member’s Information)
(b) In order to verify the Member’s true legal name, the Company may provide its separately contracted credit information company with the information which the Company prepared and recorded, and verify the Member’s true legal name without the Member’s prior consent.
(c) The Company may compile statistics on all or some of the Members’ personal information, and use such statistics, in connection with its business, and may send cookies to the Member’s computer through the Service. The Member may change the settings of its/his/her web browser to reject or warn any receipt of such cookies. Any personal information collected in the foregoing manner shall be only used as general statistical data.
Article 14 (Consent to Use Weblogs)
(a) The Company may collect weblogs of the users who visit the Company’s Service website, compile statistics thereon, and use such statistics. The Company is taking the following measures for collection of, and statistics on, the weblogs:
(1) Insert script(s) on the website for collection of the users’ weblogs
(b) The weblogs do not contain any user’s personal information (such as name, age, resident registration number), and only consist of non-personal information such as history of visits and paths for analysis of the users’ usage patterns.
Article 15 (Provision of Information and Advertisements)
(a) The Company may provide the Member with a variety of information that is deemed necessary to the Member while using the Service by publicly disclose such information or disseminating it via email and the like; provided that, the Member may, at any time, reject receipt of such information via email and the like.
(b) The Company may place advertisements on the Service website or screen, its website, email, and the like in connection with its operation of the Service. The Member may reject receipt of email and the like which contains such advertisements.
(c) The Service provided by the Company may contain various forms of advertisements, such as banners and links, which may be linked to a website offered by third parties. Any third party website that is linked with such advertisement(s) is outside the scope of the Company’s Service, and the Company neither warrant any reliability, credibility or stability of such third party website, nor is liable whatsoever for any damages incurred by the Member due to such third party website.
Article 16 (Events and Prizes)
(a) In case the Member wins any prize from various events, the Member’s rights in connection with such events and prize may be forfeited if such Member has entered or provided any false information during its membership application process.
(b) In case of various prizes granted as per separately prescribed standards, they may be provided or wired on a certain pre-arranged date after verification of identification, and depending on type of prize, various taxes and delivery or shipping charges may also be imposed.
Article 17 (Suspension of Service)
(a) In any of the following cases, the Company may limit or suspend all or any part of the Service:
(1) If the facilities-based telecommunications business operator as defined in the Telecommunications Business Act suspends its telecommunications service;
(2) If it is inevitable due to works for maintenance, repair or regular check on the Service facilities;
(3) If normal use of the Service is disrupted due to blackout, various facilities breakdown or impairment, or sharp increase in usage volume;
(4) If any force majeure event occurs, such as natural disaster and national emergency; or
(5) If the Company deems necessary to suspend the Service for any other business or technical reasons.
(b) In case of suspension of the Service, the Company shall notify the Member in advance in accordance with Article 34 (Notification to Member); provided, however, that if such advance notice to the Member is impossible because the Service suspension is due to cause that is outside the Company’s control, then the Company may publicly disclose such suspension ex post facto either on its website or relevant Service website after suspension.
(c) The Company shall not be liable for any damages incurred by the Member due to temporary suspension of Service for any reasons set forth in Paragraph (a) above.
Article 18 (Deletion of Posts or Contents)
(a) If the Company deems that any content posted or transmitted by the Member in the Service (including any transmissions among the Members) falls under any of the following cases, the Company may delete or reject registration of such content without prior notice, and the Company shall not be liable for such deletion or rejection:
(1) If the content defames the Company, other Member(s) or any third party by slander, label or false information;
(2) If the content disseminates any information, texts, graphics, images and the like that disturb public peace and order or harm social morals and customs;
(3) If the content is deemed to be connected to any criminal activities;
(4) If the content infringes upon the Company’s copyright, any third party’s copyright, or any other rights;
(5) If the content is not relevant to the Service provided by the Company;
(6) If the content is an advertisement or promotional material that is unnecessary or unapproved;
(7) If the content is created by using a third party’s ID, name and the like without permission, or forges or alters without permission any information entered by a third party;
(8) If the same content is posted or transmitted repetitively or any other posting or transmission that defeats its own purpose; or
(9) If the content is deemed to be Illegal Communication or is in breach of other applicable laws and regulations, the Company’s guidelines and the like.
(b) The Company may establish and implement its detailed guidelines for Posts, and the Member shall register or delete each Post (including any transmissions among the Members) in compliance with such guidelines.
Article 19 (Copyright in Posts)
(a) The Company holds all copyrights and any other intellectual property rights in any works created by the Company. With respect to any Posts posted by the Member in the Service, the applicable copyright holder holds copyrights in such Posts.
(b) The Member may not use any information it/he/she obtained while using the Service for its/his/her own profit or cause any third party to use such information without the Company’s consent.
(c) The Member may not alter, modify, lease, loan, sell, distribute, produce, assign, transfer, sub-license, collateralize or commercially use all or any part of the Company’s works, nor authorize any third party to do any of the foregoing.
(d) The Member hereby grants the Company a non-exclusive, fully paid-up, royalty-free license to do the following with respect to the Posts it creates or registers:
(1) Reproduce, modify, display, distribute, publish or create derivative works and compilation works in the Service based on the Member’s Posts
(2) Provide the Member’s Posts to the media, communication companies, and other partners associated with the Service, and authorize them to use such Posts; and
(3) Use for advertisement of the Company, etc.
(e) The license granted by the Member pursuant to the above Paragraph shall be valid and effective during the Company’s operation of the Service, and shall survive cancellation of membership and remain valid and effective unless the Member requests otherwise.
Article 20 (Test Service)
(a) The Company may provide the Members with new service for a certain period of time for testing purpose before such service is offered as paid Service.
(b) The test service may be subject to program updates from time to time for service stability, etc. without prior notice.
(c) Upon termination of the test service, the relevant Member’s information and Posts will be deleted, and the rights to access and use such service will also be suspended.
Chapter IV Types of Services and Service Fees
Article 21 (Types of Services)
(1) “RemoteCall” is a remote support service which assists its user to diagnose and solve its customer’s issues remotely and quickly over the Internet with ease, through remote chat with customer or screen sharing and control of the customer’s PC or mobile device.
(2) The types of RemoteCall Services, and applicable Service plans and Service Fees shall be subject to the details thereof as posted on the Company’s website (www.rsupport.com) and relevant Service website (https://www.remotecall.com).
(1) “RemoteView” is a service which enables its user to remotely access and control its computer in real-time quickly and securely with ease over the Internet anytime and anywhere, after installing an agent program in its PC or any server it needs to manage located in a remote place.
(2) The types of RemoteView Services, and applicable Service plans and Service Fees shall be subject to the details thereof as posted on the Company’s website and relevant Service website (https://rview.com).
(1) “RemoteAPI” is a modularized service product with 18 remote support functions that is designed to be installed and incorporated into an existing software, which enables anyone to easily realize remote control function through simple API configuration.
(2) The types of RemoteAPI Services, and applicable Service plans and Service Fees shall be subject to the details thereof as posted on the Company’s website and relevant Service website.
(1) “RemoteMeeting” is a web browser-based video conference service which does not require any program download nor installation.
(2) The types of RemoteMeeting Services, and applicable Service plans and Service Fees shall be subject to the details thereof as posted on the Company’s website and relevant Service website (www.remotemeeting.com).
(e) Mobizen Screen Recoder App
(1) “Mobizen Screen Recoder App” is a service which enables its user to record mobile device’s screen.
(2) The types of Mobizen Screen Recoder App Services, and applicable Service plans and Service Fees shall be subject to the details thereof as posted on the Company’s website and relevant Service website (https://support.mobizen.com).
(f) Mobizen Service
(1) “Mobizen” is a service that edits broadcast screens for real-time streaming.
(2) The types of Mobizen Services, and applicable Service plans and Service Fees shall be subject to the details thereof as posted on the Company’s website and relevant Service website (https://help.mobizen.com).
(3) Mobizen is a cloud-based video platform that allows Users to broadcast together, from anywhere, using any device and simulcast to multiple social networks and other third-party platforms (e.g. Facebook, Twitch, YouTube etc.).
YouTube API terms: in particular, Users agree to be bound to YouTube terms available here: https://www.youtube.com/t/terms
Google Manage Third-Party Apps You can remove access to sites and apps you no longer use or trust at https://myaccount.google.com/permissions.
Article 22 (Additions to Service)
(a) The Company may provide any additional service in addition to the Services listed under Article 21, and any new service shall be provided based on these Terms of Service.
(b) Any detailed terms that are required for provision of a new service shall be publicly disclosed on the Company’s website at the time of application for such service, and in case of any conflict or discrepancy between these Terms of Service and such service-specific detailed terms, the service-specific detailed terms shall prevail.
Article 23 (Types of Service Fees)
(a) Initial Fees (application fee, initial installation fee, etc.): These fees are initially incurred only once at the time of application for the Service, and they are required for establishing environment that is necessary for provision of the Service.
(b) The types of Service Fees are as follows, and the Company may offer additional Service plans for each Service based on its policy.
(1) Monthly Service Fee: Fee payable for use of the Service for a period of 1 month beginning on the Service commencement date and ending on the day immediately preceding such same date of next month.
(2) Annual Service Fee: Fee payable for use of the Service for a period of 1 year beginning on the Service commencement date and ending on the day immediately preceding such same date of next year.
(3) Term-based Service Fee: Fee payable for use of the Service for a certain fixed-period of time.
Article 24 (Calculation of Service Fee)
(a) The Service Fee is charged as of the commencement date of the Service based on the Service Agreement and the Service period, regardless of whether the Member has used the Service or not.
(b) Any Service Fee per day shall be calculated based on a day beginning at 00:00 and ending at 23:59, and if the Service begins or ends anytime during a day, such day shall be counted as one full day.
(c) Any monthly Service Fee shall be calculated for a period of 1 month beginning on the Service commencement date and ending on the day immediately preceding such same date of next month.
(d) Any annual Service Fee shall be calculated for a period of 1 year beginning on the Service commencement date and ending on the day immediately preceding such same date of next year, and any other conditions shall be same as that for calculation of monthly Service Fee.
(e) Subscription Fee
(1) The credit card holder's account will be automatically billed on the same date as the first transaction date of the month, and if there is no such date, it will be automatically billed on the last date of the month (subscription on January 31, 2022 renewed on February 28, 2022).
(2) Discounts, rebates, or other special offers are valid for the initial period only. Your subscription will be renewed at the full subscription rate at the time.
(3) If the mobizen service is inaccurate or unable to renew your subscription based on your old credit card information, you may terminate your subscription and the terms and conditions.
(4) Access granted under these Terms and Conditions is valid only if you pay a subscription fee.
Article 25 (Payment Methods)
(a) The Service Fee may be paid by wire transfer, automatic debit payment, credit card payment and the like payment methods offered by the Company, or other payment linked to app store operator; provided, however, that certain payment method may be limited depending on each Service due to the Company’s circumstance.
(b) If there is a separate payment service provider with respect to each available payment method set forth in Paragraph (a) above, the Member must follow and carry out any process required by such payment service provider prior to its use of such payment method, and if the Member pays the Service Fee by such payment method, the Member shall be deemed to have consented to the process and terms and conditions required by such payment service provider.
(c) In case of wire transfer, if the sender is different from the expected payor of the Service Fee as indicated in the application form, then either the applicant or the sender must notify the Company thereof by phone call, email, or fax. The applicant shall be fully responsible for any issue that may arise due to a failure to notify the Company as per this Paragraph.
(d) The Company confirms receipt of payment during its business hours (working days during Monday through Friday, 9:00 a.m. through 6:00 p.m.), and any receipt after such business hours will be confirmed by the Company during the business hours of immediately following working day.
(e) If an in-app purchase is available as payment method, the Member shall prevent any unauthorized purchase of the Service by a third party by utilizing password setting function in its device or password setting function offered by an online marketplace or so-called ‘open market,’ and the Company shall not be liable for any in-app purchase by a third party arising from the Member’s failure to take the foregoing precautions or disclosure of password due to the Member’s negligence.
Article 26 (Billing and Payment of Service Fee)
(a) The Full Member must pay the Service Fee prior to the Service commencement; provided, however, that in case of wire transfer, the Full Member must remit the Service Fee within 1 week from its/his/her completion of application for the Service, and if the Full Member fails to do so, the Company may reject or cancel such Full Member’s application.
(b) After its receipt of application for, and commencement of, the paid Service, the Company shall send its receipt of applicable Service Fee or its invoice to the Member indicated in the relevant application form via mail or email, or any other means required by a payment service provider.
(c) If the Member elects to pay the Service Fee by automatic debit payment method, the applicable Service Fee shall be automatically debited from the bank account and on the day as respectively designated by the Member at the time of entering into the Service Agreement; provided that, if the balance in such designated bank account is lower than the invoiced Service Fee, the Company may debit partial amount of such invoiced amount to the extent possible within such balance, and debit any outstanding portion of such invoiced amount after the payment date.
Article 27 (Refund of Service Fee)
(a) The Company offers two (2) types of paid Services. First type of paid Service is which application therefor can be withdrawn and the second type of paid Service is which withdrawal of application therefor is restricted. In case of the first type of paid Service, the Member may withdraw its application for such Service within 7 days from its purchase thereof. On the other hand, in case of the first type of paid Service which the Member fails to withdraw application therefor within the said 7-days period, or in case of any paid Service which application therefor cannot be withdrawn for any reasons set forth in the E-Commerce Act or any other applicable laws and regulations, the withdrawal of application for such paid Service is restricted. With respect to any paid Service which application cannot be withdrawn, such restriction shall be indicated on a pop-up screen or a linked scree and the like.
(1) Members are guaranteed the right to withdraw their subscription if they do not use the service by accessing the mobizen within 7 days of signing up for the mobizen service or payment date. No further action is required. However, the member agreed to use the service immediately after signing up for the mobizen service, and if you log in to the service and start using the service, your right to withdraw your subscription will be lost.
(2) Refund Policy Details
⊙ The 14-day free trial period of paid subscription service means the first 14 days of upgrading from free membership to paid membership. The 14-day free trial period does not apply to renewal payments.
⊙ The 14-day free trial period is for paid membership upgrades only.
⊙ If you cancel within the first 14 days of your paid membership purchase, your plan will be cancelled immediately and you will no longer be able to use the paid membership feature.
(3) If you are eligible for a refund, your credit card used as a payment method will be automatically refunded.
(b) If the Member underpays or overpays the Service Fee, the Company shall refund the excessive portion or settle the difference in the next payment of Service Fee, as the case may be; provided, however, that, if such payment error is due to the Member’s intentional act or negligence, any reasonable costs for such refund or settlement shall be borne by the Member.
(c) The Company may refund the Service Fee paid by the Member in any of the following cases:
(1) If the Service cannot be used due to any material defect resulting from a cause attributed to the Company and the Full Member’s important data is permanently deleted due to a problem with the Company’s server; or
(2) If the Service can no longer be used due to permanent suspension of the network service resulting from a cause attributed to the Company. Even in either of the above cases, the Company shall refund only upon the Member’s request, and the amount refundable shall be proportionate to the remaining period of applicable Service Agreement.
(d) If the Member requests for a refund, the Company shall verify the Member’s purchase details and may request for submission of the following documents for verification of identification, and the Member shall submit the following to the Company via email, fax and the like:
(1) Request for termination;
(2) A copy of bankbook of the individual or legal entity which is requesting refund;
(3) A copy of document which verifies the identity of the person requesting refund (may not be asked to submit depending on the circumstances); and
(4) The receipt of payment of Service Fee (may not be asked to submit depending on the circumstances).
(e) Upon receipt of the documents listed in Paragraph (d) above from the Full Member, the Company shall use its best efforts to complete its refund process as soon as possible.
(f) If the Member withdraws its application for the Service, the Company shall retrieve or delete such Member’s data and Service and refund the applicable amount within 15 business days from the date of deletion. If the Company fails to refund in a timely manner, the Company shall also pay default interest accrued on the refundable amount during the delayed period at the rate prescribed under the E-Commerce Act and the Enforcement Decree thereof. If the Company has already partially used or consumed any goods or services, the Company may request the Member to pay the amount equivalent to the profit such Member has gained from such partial use or consumption or the expenses incurred in supply of such goods or services. If the Member withdraws application for the Service, the Member shall bear the expenses for returning the goods or services supplied; however, the Company may not claim for any penalty or damages against the Member for such withdrawal.
Article 28 (Objections)
(a) If the Full Member has any objection to the invoice issued by the Company, such Member may raise such objection against the Company, and the Company shall reply with the outcome of such objection within 48 hours upon its receipt thereof.
(b) If the Company cannot reply to the Full Member within 48 hours upon receipt of objection, it shall notify the possible date of reply and shall take measures so that such Member does not experience any disadvantages.
(c) If the Full Member underpays or overpays the Service Fee, the Company shall notify the Full Member by phone call or email, and the Full Member shall settle such mistaken payment pursuant to the process as instructed by the Company.
Chapter V Limitation on Use of Service
Article 29 (Limitation on Use of Service)
(a) If any of the following acts is committed by the Member, the Company shall inform such Member thereof in accordance with Article 34(Notification to Member) or any other effective means, and it may suspend or limit the Service until such act ceases and desists:
(1) Any act that disturbs public peace and order or harms social morals and customs, and any other Illegal Communications;
(2) Any act that defames others or causes disadvantages to others;
(3) Any act of transmitting massive load of information, hacking(cracking), disseminating any computer virus program, or transmitting or serving as a medium for advertisements, which may hinder stable operation of the Service;
(4) Any act of reproducing, disassembling, imitating or otherwise modifying the Service through reverse-engineering, decompiling, disassembling and any other types of process;
(5) Any act of posting, publishing, emailing or transmitting via any other means of any unauthorized or unapproved advertisements, spam mails, chain letters, pyramid scheme sale pitches or any other forms of solicitations;
(6) Any act of posting, publishing, emailing or transmitting via any other means of any content that infringes upon any third party’s patent, trademark, trade secret, proprietary right, copyright, or any other intellectual property right;
(7) Any act of providing false information at the time of membership application or application for the Service;
(8) Any act of stealing or illegally using any other Member’s ID or name; or
(9) Any other act of breaching or violation applicable laws and regulations, or these Terms of Service.
(b) If the Member wishes to terminate the Service Agreement, the Member must request for termination at the Company’s website (only in case the Company allows such termination through a specific website) or through any other means as determined by the Company:
(1) If the Member fails to perform any of its/his/her obligations set forth in Article 32, the Company may terminate the Service Agreement or suspend the Service without any prior notice. In such case, the Member may raise an objection thereto in accordance with the procedure established by the Company, and the Company shall immediately resume the Service if it deems such objection is reasonable.
(2) Even after the Member enters into the Service Agreement, and is assigned with ID and Password, the Company may limit the Service depending on such Member’s qualifications.
Article 30 (No Assignment)
(a) The Member may not resell the Company’s Service to any third party, except where a separate agreement is entered into with the Company for the resale purpose.
(b) The Member may not assign, transfer or give to any third party any right to use the Service, nor any of its/his/her rights and obligations under the Service Agreement, and all rights including copyrights and responsibilities with respect to any Posts shall belong to and be borne by the Member who posted such Posts.
Chapter VI Obligations and Responsibilities
Article 31 (Company’s Obligations)
(a) Unless there is any special circumstance, the Company shall allow the Member to use the Service on the date which such Member indicated as its/his/her preferred Service commencement date.
(b) Unless the Company suffers any business or technical difficulties or hinderances, the Company shall provide the Service 24 hours a day, 7 days a week, except for the times when any regular or random system checks are conducted for stabilization of the Service.
(c) The Company shall process any opinion or complaint raised by the Member if it deems such is reasonable; provided that, if it is difficult to do so, the Company shall notify the Member of the reason and expected schedule via email or phone call.
(d) The Company may not distribute or dissemination the Member’s information it obtained in connection with its provision of the Service to any third party without the Member’s prior consent; provided, however, that the Company may provide such information to any applicable agencies or authorities upon demand based on applicable laws and regulations, and may provide such information to credit information company or the Credit Information Collection Agency after notice to the Member if any Service Fee is overdue during the period set by the Company.
Article 32 (Member’s Obligations)
(a) The Member shall provide true and accurate information when applying for membership, and it/he/she may not be entitled to claim for any rights if the membership registration is based on any false or someone else’s information.
(b) In using the Service provided by the Company, the Member may not commit any of the following acts:
(1) Any act of providing false information when applying for membership or changing its/his/her Member information, or any act of stealing or wrongful use of other Member’s ID and Password;
(2) Any act of trading its/his/her ID or account with any third party;
(3) Any act of defaming or causing disadvantage to others;
(4) Any act of posting obscene contents on a bulletin board, message board, etc. or linking with any obscene websites;
(5) Any act of infringing upon the Company’s or any third party’s intellectual property rights or any other rights;
(6) Any act of disseminating information, texts, graphics, images, sound and the like that disturb public peace and order or harm social morals and customs;
(7) Any act of using the Service by exploiting any bug in the program;
(8) Any intentional act of interfering with the operation of the Service;
(9) Any act of transmitting or posting any information (such as computer program) that is not defined or determined by the Company, or any act of changing or modifying information posted on the Company’s website and the like;
(10) Any act of posting, registering or sending via emails any materials which include any virus software, other computer codes, files or programs that are designed to interfere or destroy normal operation of any computer program, hardware, or telecommunication equipment;
(11) Any act of collecting or storing other Member’s personal information without the Company’s approval;
(12) Any act of posting any texts or sending emails by impersonating, or pretending to be, any of the Company’s employees or administrators or by illegally using any third party’s name;
(13) Any other illegal or wrongful acts.
(c) The Member shall comply with applicable laws and regulations, these Terms of Service, and any other use guides, precautions, etc. which the Company notifies, and may not take any action that may interfere with the Company’s business.
(d) The Member has the obligation to pay the Service Fee set forth in these Terms of Service in consideration of its/his/her use of the Service, and the Member shall be responsible for any issues that may arise due to any non-payment or overdue Service Fee, except when such payment default is due to the Company’s negligence or for reason acknowledged by the Company.
(e) The Member shall immediately notify the Company if there is any change to the membership information it/he/she provided at the time of application for the Service, and the Company shall not be liable for any issues that may arise due to delay of notice required under this Paragraph.
(f) If the Member causes any Service impediment or disruption, the Member shall be fully liable for any damages incurred by the Company, including any expenses incurred for supplements, repairs or other works, due to such impediment or disruption.
(g) The Member shall be responsible for any issues that may arise in connection with the ownership and copyright of any information provided by the Member.
(h) The Member may not assign, transfer or resell the Service for which it/he/she has paid the applicable Service Fee in advance, and the Company has no obligation to exchange the Member’s ID and Password for cash or other marketable securities.
(i) The Member may not assign, transfer or give to any third party any right to use the Service, nor any of its/his/her rights and obligations under the Service Agreement
Article 33 (Member’s Obligations and Responsibilities to Manage ID and Password)
(a) The Member shall thoroughly manage its/his/her ID and Password.
(b) The Member shall be solely responsible for any consequences that may arise due to its/his/her negligent management or any wrongful use of ID and Password; however, the Company shall be responsible for issues that arise due to cause attributed to the Company, such as system failure.
(c) The Member shall ensure that its/his/her ID and Password are not used by any third party, and if the Member becomes aware of any theft or third party’s illegal use of its/his/her ID and Password, the Member shall immediately notify the Company thereof, and comply with the Company’s instructions, if any.
(d) The Member may not assign, transfer, lend or provide as collateral to any third party the right to use the Service or any of its/his/her rights and obligations under the Service Agreement, and if the Member breaches this Paragraph, the Company may restrict the Member’s use of the Service and the Member shall be liable for any consequences resulting from such breach.
(e) In principle, the Member may not change its/his/her ID.
Article 34 (Notification to Member)
(a) The Company may notify the Member at the email address or by using any contact information (phone number, mobile number) provided by the Member.
(b) In case of any notice that needs to be made to many unspecified Members, the Company may post such notice on its website and relevant Service message board in lieu of individual notice to each Member.
Article 35 (Change of Membership Information)
(a) The Member may, at any time, review and change its/his/her personal information at the personal information management screen; provided that, the Member cannot change its/his/her legal name, ID and the like for the purpose of Service management.
(b) If there is any change to the information provided at the time of membership application, the Member must change such information online or notify the Company of such change via email, etc. The Company shall not be liable for any disadvantage the Member may experience due to the Member’s failure to notify the Company of such change in accordance with this Paragraph.
Article 36 (Protection of Personal Information)
(a) The Company shall endeavor to protect the Member’s personal information, including any registered information, pursuant to the Personal Information Protection Act and other applicable laws and regulations.
Article 37 (Preservation of Transactional Records)
(a) The Company shall preserve any transactional records for up to 5 years pursuant to the E-Commerce Act, the Information Network Act, and other applicable laws and regulations.
(b) The Member must answer to the Company’s request for verification of certain information with respect to a conflict or discrepancy between the materials preserved in the Company’s database and the materials preserved in any billing agency’s database.
Chapter VII Compensation for Damages
Article 38 (Scope of Compensation for Damages)
(a) The Member shall be liable for all damages incurred by the Company due to the Member’s breach of these Terms of Service.
(b) The Member shall, at its/his/her own cost and responsibility, indemnify and hold the Company harmless from and against any claims for damages, legal actions, and other various objections raised or initiated by a third party due to the Company’s illegal act or breach of these Terms of Service in using the Service, and in case the Member fails to indemnify and hold the Company harmless, the Member shall compensate for all damages incurred by the Company.
(c) The Company shall not be liable for any damages that may arise during any period the Service is provided for free (including any test Service), nor any damages incurred by the Member in connection with its/his/her use of free Service.
(d) If the Full Member is not able to use the Service due to any cause attributed to the Company, the Company shall be liable for any damages incurred due to such cause.
(1) The Company shall take possible measures to resume the Service upon its receipt of notice from the Full Member (or at the time when the Company becomes aware of) the fact that the Full Member is not able to use the Service, and the Company shall notify the Full Member once the Service resumes, save for when the Service is normalized within 4 hours upon the Company’s receipt of such notice from the Full Member.
(2) If the Full Member is not able to use the Service due to any cause attributed to the Company, and if such Service is not available for 4 hours or more from the time the Company confirms the Full Member’s notice of such Service failure or the total accumulated time of Service failure is more than 12 hours per month, then the Company shall compensate the Full Member by (i) paying the amount equal to 3 times of the product of (x) average Service Fee per day during the last 3 months of Service (or shorter period if applicable) and (y) total Service failure time divided by 24; or (ii) providing equivalent extension of Service term (for the purpose of calculation, any time that is less than 1 hour shall be deemed as one full hour).
(3) Any claim for damages against the Company shall be in writing specifying the reason, claimed amount and basis of calculation, and any such right to claim for damages shall be lapsed and time-barred after 3 months from the occurrence thereof.
Article 39 (Disclaimer)
(a) The Company shall not be liable for any failure to provide the Service due to national emergencies, natural disasters or other similar force majeure events.
(b) The Company shall not be liable for any Service failure resulting from willful act, negligence, or any other cause attributed to the Member.
(c) The Company shall not be liable for any Service failure due to any unavoidable reason stemming from the nature of telecommunication service or any temporary Service stoppage or suspension for Service-related system modification, change, update, etc.
(d) The Company shall not be liable for any loss of the Member’s information when the Service is terminated due to any cause attributed to the Member.
(e) The Company shall not be liable for any damages that may be incurred due to the Member’s failure to gain its/his/her expected benefits from the Service or due to any choice or use of potential value and materials accompanied with the Service.
(f) The Company shall be released from all responsibilities and shall not be liable for any materials posted and stored or transmitted by the Member (including any reliability and accuracy of such information and materials, and virus, spyware and other malicious programs and other issues arising from such materials).
(g) The Company shall not be liable for any damages or losses incurred due to any transactions among the Members or between the Member and any third party utilizing the Service as a medium.
(h) The Company has no obligation to intervene in any dispute arising between the Member and any third party where the Service served as a medium, nor shall be liable for any damages incurred due to such dispute.
Article 40 (Dispute Resolution)
(a) The Member and the Company shall consult with each other in good faith for amicable resolution of any dispute arising out of or in connection with use of the Service.
(b) The Member and the Company agree that any unresolved dispute despite the consultation under Paragraph (a) above shall be submitted to the competent court having jurisdiction over the venue where the Company is located.
(c) These Terms of Service and any legal actions between the Company and the Member in connection therewith shall be governed by and construed in accordance with the laws of the Republic of Korea.