Effective as of: 2023. 04. 20.
In principle, this Services may be provided to users who are subject to the privacy laws of Korea, the European Union, and California, USA.
upper 1.'s sub-information communication network
Interpretation of these Terms.
We may have separate conditions and policies for each service it provides, and if the separated conditions and policies conflict with these terms, the conditions and policies for each service take precedence. If matters not specified in these Terms are stipulated in the relevant laws and regulations, they shall be followed.
When we change these Terms, we will post it on our Sites 7 days before the effective date. Therefore you are responsible for reviewing these Terms periodically for any modifications. However, if we change these Terms unfavorably to you or if we change important parts of these Terms about you, we will post them on the site 30 days before the effective date.
Your continued use of the Sites following such modifications signifies your acceptance of those modifications. Additional terms may apply to your use of any Service, including team rules and eligibility. We will provide these terms to you or post them on the website pages to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control. The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
You can withdraw from our Sites if you do not agree to the changed Terms.
In order to register and participate in our Sites or Services, you must meet the following criteria:
You are a natural person, at least non-children (age depending on the country where you reside), and who has had the email address submitted assigned to them as has been represented on the account registration form.
You represent and warrant that you have the right, authority, and capacity to enter into this agreement to abide by all the Terms.
You must comply with these Terms at all times
You must provide complete and accurate information when registering for an account on our Sites, and you must keep such information updated and make any changes promptly. We do not take responsibility for damages to you caused by delay in changing your personal information.
We may request the following information to create an account: your email address. If we determine you are registering with incorrect information, we reserve the right to close your account.
We also reserve the right, in its sole discretion, to change and/or suspend/terminate offensive usernames.
We may at any time require you to provide proof of eligibility to allow access to the Sites, in this case you must provide us with the proof.
FAILURE TO PROVIDE EVIDENCE OF IDENTIFICATION AND/OR ELIGIBILITY SATISFACTORY TO US, IN OUR SOLE AND ABSOLUTE DISCRETION, SHALL RESULT IN THE SUSPENSION AND/OR TERMINATION OF YOUR ACCOUNT.
We may not accept applications that fall under any of the following subparagraphs or may terminate the use contract afterwards.
(1) If you has previously lost membership in accordance with these Terms
(2) When you are applying using a third party's e-mail address
(3) If false information is entered or the part requested by us is not entered
(4) In case approval is not possible due to reasons attributable to you or if you made in violation of all other regulations
(5) In case of mass creation of accounts through abnormal methods
(6) When a child under adult ages applies for use
(7) When a user with a record of use restrictions within the last 3 months applies for use
(8) In the case of using the service in a country other than the Republic of Korea where we have not yet decided to provide the service, in relation to the contract entered into by us with an overseas service company or the provision of service to members accessing from a specific country where it is necessary to limit the provision
Individual use only.
You may use the Sites and Services for your personal, non-commercial use only. You, as the holder of your account, are solely responsible for all obligations and for all activities under your account. You may not allow any other person to access your account, access the Sites and Services. Your account is not transferable to any other person. However, we plan to change these Terms if and when you become available to use the Sites and Services for commercial in the future.
Automatic Login Service.
We provide Automatic Login Service to you in the ways described in each subparagraph below.
(1) When you access our Sites through an account and password at your terminal(= various wired and wireless devices including personal computer (PC), TV, portable mobile communication devices, and other similar telecommunication facilities), we encrypt the information related to your access.
(2) We create a 'token' using the encrypted information described in (1) above through our platform .
(3) We store 'your token' described in (2) above as a cookie in your terminal (the token stored as a cookie in your terminal is hereinafter referred to as "your token").
(4) 'Your token' listed in paragraph (3) above is valid for 30 days from the date of issue.
(5) If it is confirmed that 'your token' was created through the encryption key used in our platform, you can access the Sites and use the Services without a separate account and password authentication procedure. A Service that allows you to access the Sites without such an authentication process is called an "Automatic Login Service".
(6) If 'your token' is deleted or changed, you must authenticate the account and password again when accessing the Sites.
(7) When you access our Sites or use our Services, it is deemed to have agreed to the "Automatic Login Service". Therefore, if you do not agree to the "Automatic Login Service", then you must not access our Sites or use our Services.
Risk of Automatic Login Service.
If your terminal is infected with a virus or etc., your token may be stolen by a third party.
Therefore, it is your responsibility to ensure that your terminal operate normally.
We are not responsible for damages caused by your token being leaked from your terminal.
You agree that we and our licensors own all right, title and interest in the Sites and Services, except for User Content (defined below), including all copyright, trademark, patent and other proprietary rights worldwide.
All content on the Sites and available through the Services, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement ("Site Content"), are our proprietary property or the proprietary property of our licensors. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Sites.
Provided you comply with these Terms, and have an account with us, you are granted a non-exclusive, non-transferable right to access the Sites and Services, for your personal, non-commercial use.
You may not reproduce, distribute, create derivative works, reverse engineer, or use the Sites and Services for commercial purposes without our express written consent.
You are further prohibited from (a) scraping or data mining while using the Sites or Services; (b) blocking, overwriting, modifying and copying of any contents of the Sites; or (c) performing any actions that may impair the operability of the Sites' infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software.
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display ( "post") on or through the Services or the Sites, or transmit to or share with other users (collectively "User Content").
You understand and agree that we may review the Sites and may delete or remove any User Content that violates the law. And you also agree that we delete or remove the User Content that violates these Terms, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
By posting User Content to any part of the Sites, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Sites or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
The Examples of User Content is "all items of each of the following items created or produced by a member to share with other members".
(1) Personal computer or Mobile programs (applications, tools, computer files), etc. that may be useful for the game
(2) Data or Information that can be helpful for games created with codes, characters, figures, colors, voices, sounds, images, videos, pictures, documents, links, files, etc. (including any combination thereof)
(3) Other Data or Information similar to (1) to (2) above
If you send comments, questions or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to the Sites ( "Feedback"), such Feedback shall become, and shall remain, our sole property and we shall have the irrevocable, perpetual and royalty-free right to use the Feedback for any purposes. No Feedback shall be subject to any obligation of confidence on the part of the Sites. We shall be entitled to unrestricted use of, all such submissions without any compensation to you whatsoever.
We respect the intellectual property rights of others and encourage you to do the same. In accordance with South Korean and international law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email(email@example.com).
In addition, pursuant to Title 17 of the United States Code, Section 512 ("DMCA"), we have implemented procedures for receiving written notification of claimed copyright infringement, and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to our Agent for notice of claims of infringement: Attn: DMCA AgentEmail: firstname.lastname@example.org
To be sure the matter is handled immediately, your written notice must:
(a) Contain your physical or electronic signature;
(b) Identify the copyrighted work or other intellectual property alleged to have been infringed;
(c) Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
(d) Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
(e) Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent, or the law;
(f) Contain a statement that the information in the written notice is accurate; and
(g) Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information;
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material, or an agent of such person.
Termination of Repeat Infringers.
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications.
Prohibited User Conduct.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use the Services or the Sites to:
Harvest or collect email addresses or other contact information of other users from the Services or the Sites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the Services or the Sites in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Sites;
use automated scripts to collect information from or otherwise interact with the Services or the Sites;
upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Sites any private information of any third party, including, addresses, phone numbers, email addresses, tax id numbers and credit card numbers;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another's account, service or system without authorization from us, or create a false identity on the Services or the Sites;
upload, post, transmit, share, store or otherwise make available content that, in our sole is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose us or our users to any harm or liability of any type.
WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY COMPANY.
Links to Third Party Sites.
This Sites contain links to third party sites. These links are provided for convenience purposes and are not under our control. We do not make any representations and warranties, express or implied, regarding the content of any of these linked sites.
If you register on the Sites, you agree to receive all notices regarding the Sites, Services, your account, special promotions, events and policy changes by electronic communications, including by email.
However, we may send an e-mail regardless of your consent in the following cases.
(1) In the case of sending a verification email to confirm ownership of the email address entered when applying by you
(2) When your account information is changed and an authentication mail is sent to confirm
(3) In case we judge that it is important information that you must know in providing other services
(4) If you do not log in continuously for more than one week
(5) When we send a verification email to the email address registered above as a request to send the above information to the email address registered with us when registering as you using the information search function due to lost account/password
- By you : If you no longer wish to use the Service, you may, at any given time, request the termination of this Service through the menu option. Then we will process the your request in an expeditious manner in accordance with the law. However, if you have violated the law or these Terms or we have reason to believe that you have violated the law or these Terms, we will not fulfill your cancellation request for the benefit of the victim or us.
On termination, you lose the right to edit or delete all posts uploaded in the company's service. Therefore, before withdrawing from the service, you are requested to delete all posts written and posted by you before withdrawing from the service. However, if the work is created through joint authoring, the post may be uploaded in the company's service according to the will of the joint author. Posts uploaded by you that are scrapped or otherwise shared and displayed by a third party, or any comments posted by you, engagements in chats, or added posts to a third party's post, will not be deleted but instead remain in our Service within the scope necessary to allow the other users' use of the Service in its normal capacity. However, if a legitimate right holder raises an objection, the Posts will be deleted.
- By us : We may suspend or terminate your account and rights to use the Sites and Services when you have violated any law or these Terms. And if we suspend or terminate your account, we will notify you of the reason. The provisions relating to Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, Prohibited User Conduct, User Content, Governing Law and Jurisdiction, Indemnification, Entire Agreement, No Waiver Implied, and Severability, and any claims against you for payments owed shall survive termination.
Disclaimer of Warranties: Limitation of Liability.
Please read this section carefully. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. DISCLAIMER: THE SERVICES AND SITES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES AND SERVICES ARE WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY) WITH RESPECT TO THE SITES, THE SITE CONTENT, AND THE SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SITES AND SERVICES ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Sites and Services will meet your requirements or that the Services will be uninterrupted, timely, secure, or error-free or that defects in the Sites and Services will be corrected.
We make no warranty as to the results that may be obtained from the use of the Services, or as to the accuracy or reliability of any Site Content, User content or information obtained through the Services. We are not responsible for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content or the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. LIMITATION OF LIABILITY: YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(I) THE USE OR INABILITY TO USE THE SERVICES;
(II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(IV) STATEMENTS OR CONDUCT OF ANYONE IN CONNECTION WITH THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISE OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, OUR LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY FEES YOU PAID FOR THE SERVICES IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST US, OR (II) US$100.00.
Governing Law and Jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of Republic of Korea. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Republic of Korea where the claim is brought by you, except where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these Terms in your country of residence, registration or business or any other relevant country. By registering for an account on the Sites, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US AND OUR SUBSIDIARIES, AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, VENDORS, PARTNERS, CONTRACTORS, AGENTS, LICENSORS OR OTHER REPRESENTATIVES OF EACH OF THEM AND ALL THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, HEREAFTER "INDEMNITEES") IN RESPECT OF ALL CLAIMS, COSTS (INCLUDING LEGAL FEES AND COSTS), DAMAGES, LIABILITIES AND EXPENSES OR OBLIGATIONS OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE SERVICES (INCLUDING WITHOUT LIMITATION USE OF YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU) AND YOUR USER CONTENT. WE RETAIN THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIM SUPPORTING INDEMNIFICATION, AND IN SUCH CASES YOU AGREE TO COOPERATE WITH US TO DEFEND ANY SUCH CLAIM. YOU WILL NOT SETTLE ANY CLAIM COVERED BY THIS SECTION WITHOUT OUR PRIOR WRITTEN APPROVAL.
No Waiver Implied.
Our failure to enforce at any time any of the provisions of these Terms or the failure to require at any time performance by you of any of the provisions of these Terms, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter.
If any portion of the Terms is deemed void or unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of the remaining provisions.
Statute of limitations.
If you have caused damage to a third party (one or more users, hereafter referred to as "victim") while you using this service or If you have caused damage to the victim by violating these Terms, you release us(and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims by the victim, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.