Terms of Use of Pinkfong Interactive App.
Article 1 (Purpose)
The purpose of these Terms of Use (these “Terms”) is to set forth the rights, obligations, responsibilities and other requirements of The Pinkfong Company, Inc. (the ”Company”) and the Users in connection with the use of Pinkfong Interactive App. Services operated and provided by the Company. In addition to these Terms, the Terms of Use of Pinkfong Integrated Services shall apply to the Pinkfong Interactive App. Services. In the event of any conflict between these Terms and the Terms of Use of Pinkfong Integrated Services, these Terms shall prevail.
Article 2 (Definitions)
1. The terms used herein shall be defined as follows:
a. Pinkfong Interactive App means the following application services provided by the Company:
- Pinkfong ABC Phonics
- Pinkfong Kids Coloring Fun
- Pinkfong Christmas Fun
- Pinkfong Car Town
- Pinkfong Dino World
- Pinkfong Baby Bedtime Songs
- Pinkfong Tracing World
- Pinkfong Fun Times Tables
- Pinkfong Mother Goose
- Pinkfong 123 Numbers
- Pinkfong Singing Phone
- Pinkfong Birthday Party
- Pinkfong Baby Shark
- Pinkfong Super Phonics
- Pinkfong World Power
- Pinkfong Shapes & Colors
- Baby Shark Coloring Book
- Pinkfong Guess the Animal
- Pinkfong Numbers Zoo
- Pinkfong My Body
- Pinkfong Baby Shark Storybook
- Pinkfong Puzzle Fun
- 핑크퐁 가나다 한글
- Pinkfong Police Heroes Game
- Baby Shark Pizza Game
- Baby Shark World for Kids
- Baby Shark Makeover Game
b. Pinkfong Interactive App Services means any service of the Company the User may use Pinkfong Interactive App regardless of device used (including any wired or wireless device such as a personal computer, TV, mobile device, etc.);
c. User means any person (including Member and Non-member) who consents to the Terms of Use of the Pinkfong Integrated Services and uses the Pinkfong Interactive App. Services provided by the Company;
d. Member means a customer who signs up for the Pinkfong Interactive App. Services by accessing the Pinkfong Interactive App. Services and signing a user agreement with the Company in accordance with these Terms and the Terms of Use of the Pinkfong Integrated Services, and uses the Pinkfong Interactive App. Services as provided by the Company;
e. Non-member means a customer who uses the Pinkfong Interactive App. Services provided by the Company without signing up as a Member;
f. Contents means all digitally created content associated with the services provided by the Company, including any audiovisual works, game and network service, application, game money and item, etc.;
g. Paid Services means any online digital Contents (including all information content, VOD, item, other paid content) and other services which may be used after making payment for the use of the relevant Pinkfong Interactive App. Services; and
h. Free Services means any online digital Contents (including all information content, VOD, item, other paid content) and other services which may be used without making payment for the use of the relevant Pinkfong Interactive App. Services.
2. Unless otherwise defined in Clause 1, the definition of the terms used in these Terms shall be as stipulated under the relevant laws. For terms not defined under the relevant laws, common commercial practices of the Republic of Korea shall apply.
Article 3 (Stipulation, Effectiveness and Amendment of Terms)
1. These Terms shall take effect by posting on the Pinkfong Interactive App. or publishing online in other ways. In downloading and using the Company’s Contents and network services, if the User uses the Pinkfong Interactive App. Services after checking these Terms, the User shall be deemed to have consented to these Terms. These Terms shall apply to the User upon the User’s consent to these Terms, and in the event of amendment to these Terms, the amended Terms shall apply to the User from the time the amended Terms take effect.
2. By agreeing to these Terms, the User shall visit the Pinkfong Interactive App. on a regular basis to check any amended Terms.
3. If any amendment of these Terms is deemed necessary, the Company may amend these Terms to the extent that amendment does not violate any applicable law, such as the Act on the Regulation of Terms and Conditions. In the event that any of these Terms is amended, the Company shall determine the amended Terms and effective date thereof and publish the same online on the Pinkfong Interactive App. seven days prior to the effective date. However, any amendment of the Terms unfavorable to the User shall be published online on the website 30 days prior to the effective date and published via electronic means such as e-mail, e-message, consent pop-up window upon log-in, etc. in the services so that the User may check the amended Terms. The amended Terms shall take effect from the effective date of publication or notification. If any amended Terms unfavorable to the User is notified with a grace period of less than 30 days, the amended Terms shall take effect after 30 days have lapsed from the date of notification.
4. If the User has not explicitly expressed refusal after the Company has notified or informed of the amended Terms pursuant to Clause 3, the User shall be deemed to have consented to the amended Terms.
5. The User has the right to reject the amended Terms. Any Member who objects to the amendment of these Terms may suspend the use of the services and terminate the user agreement (withdraw membership). If the User continues to use the services after the effective date of the amended Terms, he/she shall be deemed to have consented to the amended Terms.
Article 4 (Interpretation and Application of Terms)
1. For the fair operation and maintenance of the Pinkfong Interactive App. Services, the Company may establish another set of terms of use and policy for the Paid Services and individual services (the “Paid Service Terms, etc.”), and in the event of any conflict with these Terms, the Paid Service Terms shall prevail.
2. In the event of any conflict between these Terms and other terms of the Company in connection with the use of the Pinkfong Interactive App. Services, these Terms shall prevail. For matters or interpretation not specified in these Terms, the Terms of Use of the Pinkfong Integrated Services such as the Paid Service Terms, etc., the Act on the Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Content Industry Promotion Act, the Guideline for Consumer Protection in Electronic Commerce set by the Korea Fair Trade Commission, and relevant laws or commercial practices of the Republic of Korea shall apply.
3. If the Member executes another written agreement with the Company in addition to these Terms, the terms of the written agreement shall prevail, and matters not specified in the written agreement shall be as provided under these Terms.
Article 5 (Establishment of User Agreement and Signing Up)
1. The user agreement shall be established when a person who wishes to become a Member (the “Membership Applicant”) installs and runs the Pinkfong Interactive App. and applies for service use by agreeing to these Terms, and the Company approves the application. If the Pinkfong Interactive App. is working properly on the Membership Applicant’s device after applying to use the Pinkfong Interactive App. Services, the Company shall be deemed to have approved the Membership Applicant’s application for service use.
2. In providing the Pinkfong Interactive App. Services, the Company may require the User to execute another set of terms and conditions for individual services in addition to these Terms. The Pinkfong Interactive App. Services that require another set of terms and conditions may be used after the User agrees to the terms of the relevant services and applies for service use, and the Company approves the application thereof.
3. By selecting “I Agree” to these Terms, the Membership Applicant agrees to become familiarized with these Terms and agrees to comply with other service-related operation policy (the “Operation Policy”), announcements, etc.
4. Regarding the Membership Applicant’s application for service use, the Company shall in principle approve the Membership Applicant’s application to use the Pinkfong Interactive App. Services. However, for applications falling under any of the following, the Company may not approve the application, or terminate the user agreement later:
a. The Membership Applicant has previously lost Member status pursuant to these Terms, except when the Membership Applicant obtained the Company’s approval to re-register as Member;
b. The Membership Applicant used another person’s name;
c. The Membership Applicant provided false information or omitted any information required by the Company;
d. A child under the age of 14 or equivalent minimum age in the relevant jurisdiction did not obtain the consent of his/her legal representative (parent, etc.); and
e. The application may not be approved due to any cause attributable to the Membership Applicant or the Membership Applicant violates any other rules in his/her application.
5. The Company may request to verify the Membership Applicant’s real name and identity through a professional agency in the Membership Applicant’s application under Clause 1.
6. The Company may withhold approval for the application for service use if service-related facilities are limited or there is technical or business issue.
7. If the Company decides to not approve or withhold the application for membership pursuant to Clause 2 or 4, the Company shall in principle inform the Membership Applicant of this decision.
8. The Company may rank the Members into different levels according to Company policy and provide different services for the use of the Pinkfong Interactive App. Services.
9. The Company may limit the service use or limit the service by level to comply with grade and age restriction laws of the Promotion of the Motion Pictures and Video Products Act, the Youth Protection Act, etc.
Article 6 (Commencement of Use of Pinkfong Interactive App. Services)
1. The Company commences the Pinkfong Interactive App. Services upon approving the User’s application for service use. However, some Pinkfong Interactive App. Services may commence from the date designated according to the needs of the Company.
2. The Company may charge a fee for certain services of the Pinkfong Interactive App. Services.
3. If the Company fails to commence the Pinkfong Interactive App. Services due to any business or technical issue, the Company shall publish this on the website or inform the User of the same.
Article 7 (Modification of Member Information)
1. A Member may view and modify his/her personal information under Settings in the services. However, device identification number (Device ID or IMEI), account name, etc. which are required for service management may not be modified.
2. If there is any change to the information the Member stated in the application for membership, the Member shall make the change online or inform the Company about the change via e-mail or other means.
3. The Company shall not be liable for any disadvantage caused by the Member not informing the Company about any changes under Clause 2.
Article 8 (Provision of Pinkfong Interactive App. Services, etc.)
1. The specific types of the Pinkfong Interactive App. Services provided by the Company to the User are as follows:
a. Video services;
b. Game services and related additional services;c. Social network service (SNS); and
c. Other services provided by the Company to the User developed in-house or through cooperation agreement with other companies.
2. The Company shall in principle provide services 24 hours a day, 7 days a week throughout the year unless there is specific business or technical issue. However, the Company may temporarily suspend services for a certain time or period if necessary in operation, such as regular system maintenance, server expansion and replacement, addition of new game content, various bug patch, replacement with new service, etc., and also provide services during only certain times of the day if required by relevant laws or in the Contents or operation of the services.
3. If any of the above in Clause 2 is applicable, the Company shall notify the User in the manner set in Article 9 (Notice to User). However, if there is an unavoidable reason that the Company cannot give advance notice, the Company may give notice after the fact.
4. In providing the Pinkfong Interactive App. Services, the Company may require the User to execute another set of terms and conditions for individual services in addition to these Terms. Users can use games that require another set of terms and conditions after the User agrees to the terms of the relevant services and applies for service use, and the Company approves the application thereof.
5. In providing services to the User, the Company may limit the use of some services in accordance with the relevant laws, the User’s age, and the procedure for use of services. In such case, the Company shall inform the User of the details in advance.
Article 9 (Notice to User)
1. If the Company gives notice to the User in connection with the use of the Pinkfong Interactive App. Services, unless otherwise specified in these Terms, the Company may give notice to the User’s e-mail address or via e-message, etc.
2. If the notice is to all Users, the Company may post the notice on the announcements page of the Pinkfong Interactive App. or Pinkfong Interactive App. Services for seven days or longer in lieu of giving notice as under Clause 1.
Article 10 (Posting Contents, etc.)
1. The Company shall indicate the following items on the start screen of the Contents or their packaging for the User’s ease of understanding.:
a. Name or title of the Contents;
b. Date of production and display of the Contents;
c. Name of producer (name of corporation in case of a corporation) of the Contents; and
d. Details, how to use, fee and other conditions of use of the Contents.
2. In the process of executing an agreement, the Company shall provide the User with information on the supported devices for individual Content and minimum technical specifications required for the service use.
Article 11 (Modification and Suspension of Pinkfong Interactive App. Services)
1. For stable and effective operation, the Company may modify the Pinkfong Interactive App. Services provided according to the details of the services and for operational or technical needs, and unless otherwise specified by the relevant laws, the Company will not otherwise compensate the Member.
2. The Company may modify all or part of the existing Pinkfong Interactive App. Services from time to time without giving separate notice in order to improve or facilitate the smooth operation of the services.
3. The Company may modify or suspend all or part of the services provided depending on operational and technical needs if there are significant reasons owing to business judgment, such as inability to provide smooth Pinkfong Interactive App. Services due to decreased service use, decline in profitability, the need to switch to the next generation service due to advance in technology, change of the Company policy related to service provision, etc.
4. If the Company needs to suspend the entire Pinkfong Interactive App. Services, the Company may do so by giving notice in a manner that the User may be fully aware of the suspension, such as by giving notice on the website or service page, etc. 30 days prior. A User may not claim compensation for free Contents and any paid Contents on flat fee with no outstanding service period remaining or short-term paid Contents. For paid Contents marked with a “permanent” warranty period or not marked with a warranty period (the “Permanent Contents”), the period up to the date of service termination date notified at the time suspension of the services was notified will be considered as the period of use of the Contents.
5. The Company may limit or suspend all or part of the services if any of the following is applicable:
a. An event of force majeure occurs including war, incident, natural disaster, national emergency, etc.;
b. Normal service use is difficult due to power outage, equipment failure or sudden increase in service traffic, etc.;
c. The service must be limited or suspended due to construction such as maintenance of service facilities, etc.;
d. The service may not be provided due to the Company’s circumstances;
e. Source data for the service may not be secured due to termination of agreement with original copyright holder or related source data right holder of video, music content, etc.; and
f. The service may not be maintained due to other circumstances such as termination of agreement with the service provider or service agency, etc.
6. If the service is suspended pursuant to Clause 2, the Company shall give notice by posting on the website or service page unless the Company cannot give advance notice owing to suspension of services due to any cause beyond the Company’s control.
Article 12 (Obligations to Manage Member’s Account)
1. The Member shall be responsible for management of his/her account and may not allow any third party to use his/her account.
2. The Company may limit the User’s use of ID if the Company is concerned that use of such ID may leak personal information or may be antisocial or against public morals or lead the User to be misunderstood as the Company or administrator of the Company.
3. If the Member discovers that the Member’s ID is stolen or used by any third party, he/she shall immediately notify the Company and follow the Company’s instructions.
4. In the case of Clause 3, the Company shall not be liable for any disadvantage caused by the Member’s failure to notify the Company of the fact or failure to follow the Company’s instructions even after notifying the Company.
Article 13 (Payment and Subscription Withdrawal, etc.)
1. Payment for the Paid Services and purchase of the Contents shall be in principle charged by payment service providers such as open market store, application store, mobile carriers, etc. and paid in the manner set by each payment service provider.
2. Payment limit may be placed for each payment method according to Company policy and payment service provider (open market store, application store, mobile carriers, etc.) policy, government policy, etc.
3. The User shall prevent payment transaction of any third party by setting password on his/her device, password setting provided by open market store, application store, etc. and to this end, the Company shall follow the recommendations of the Korea Communications Commission and the Open Market Mobile Content Payment Guideline, and apply modules and libraries to which authentication procedures provided by open market store and application store are applied.
a. The Company shall not be responsible for any payment transaction of any third party caused by the User not setting password on his/her device, open market store and application store.
4. Request for withdrawal of subscription, cancellation of payment, etc. shall be subject to the policy of open market store and application store being used for provision of the Company’s service, and refund shall also be made in the manner set by each store.
5. If there is any overpayment in payment process for the Paid Services or purchase of the Contents, refund request shall be made in principle to open market store and application store.
6. If the Company’s consent is required in Clause 4, the Company may ask the User personal information related to payment such as receipt to verify the relevant purchase records.
Article 14 (Obligations of Company)
1. The Company shall not engage in any conduct prohibited by these Terms or that goes against public morals, and shall use its best efforts to provide the Pinkfong Interactive App. Services in a continuous and stable manner.
2. The Company shall use its best efforts to provide the best possible quality of the Contents and network services to the User pursuant to these Terms.
3. The Company shall be equipped with a security system for the protection of personal information so that the User can use the Pinkfong Interactive App. Services safely, and publish and comply with the Privacy Policy.
4. The Company shall not provide the User’s personal information to others without the User’s consent. However, the Company may do so if the Company has the duty to provide such information by telecommunication-related and other laws.
5. The Company shall process the User’s opinions or complaints raised in connection with the use of the Pinkfong Interactive App. Services if they are deemed reasonable. However, if immediate processing is difficult, the Company may notify the User of the reason and processing schedule by phone or e-mail collected with the User’s prior consent.
Article 15 (Obligations of User)
1. In using the service provided by the Company, the User shall not engage in any of the following conduct or any conduct whose purpose or intent falls under any of the following:
a. In providing personal information to the Company from winning prize event, the User gives false information different from the User’s real name, uses others’ information, or writes false statements;
b. The User steals or illegally uses other Users’ ID and password or others’ personal information such as mobile phone number;
c. The User grants access right to any third party;
d. The User trades, sells or buys any Contents, item, cyber points, etc. accumulated on the User’s ID through any other service not provided by the Company;
e. The User infringes intellectual property rights such as copyright of the Company and any other third parties, etc.;
f. The User uses the Pinkfong Interactive App. Services without the Company’s consent for commercial purposes;
g. The Users engages in any conduct that defames or harms another person;
h. The User makes payment for the services using payment method without the consent of the person in whose name the payment method is held;
i. The User infringes the intellectual property rights of the Company, intellectual property rights and rights of image and likeness of a third party, etc.
j. The User collects, saves, distributes and posts other Users’ personal information without the Company’s approval;
k. The User registers or distributes any computer virus that exploits program bugs or causes malfunction of services-related equipment or destruction or confusion of information;
l. The User sends advertising information that may intentionally interfere with the Company’s service operation or sends any information that may interfere with stable service operation and against the recipient’s explicit expression of refusal of such information;
m. The User reproduces, disassembles, copies or modifies the service through reverse engineering, decompiling, disassembling and any other processing;
n. The User impersonates another person and falsely states a relationship with another person;
o. The User exchanges or posts obscene or vulgar information, links obscene websites, or posts unauthorized advertisements and promotional materials;
p. The User induces or participates in any gambling by wagering money or property;
q. The User sends, delivers or distributes any word, audio, message, video or image that may cause humiliation, disgust or fear to any counterparty;
r. The User modifies any information posted on the service;
s. The User sends, posts, distributes or uses any information (computer program) or other materials containing software virus, computer codes, files or programs designed to disrupt or destroy the normal operation of any computer software, hardware or telecommunication equipment, transmission or posting of which is prohibited by relevant laws;
t. The User posts or sends email by impersonating an employee or administrator of the Company or using another person’s name; and
u. The User violates the public order and public welfare or engages in conduct which is unlawful, illegal and goes against relevant laws.
2. The User shall comply with the relevant laws, matters notified by the Company in addition to these Terms, and shall not engage in conduct which may interfere with the Company’s business.
3. Except as officially recognized by the Company, the User may not get involved in any sales activities such as selling products using the service, provide or be provided with any Contents, ID, etc. obtained through the service for his/her transactions, engage in conduct such as hacking, making profits through advertisements, illegal distribution of commercial software, etc., and prepare for or advertise such conduct. The User shall be solely responsible for sales results and losses resulting from such violations, any legal actions such as arrest by related organizations, etc., and the Company shall not be liable. If the Company suffers any damage in connection with such conduct by the User, the User shall be liable for all damages.
4. The User shall check the Pinkfong Interactive App. Services page and announcements from time to time.
Article 16 (Provision of Information and Posting Advertisements)
1. The Company may provide the User with various types of information deemed necessary by the User during the use of the service via announcements, service page, message, e-mail, etc. in the Pinkfong Interactive App. Services. However, the User may refuse the provision of the above information at any time, except for transaction information provided as per relevant laws, response to the User inquiry, etc.
2. The Company may post advertisements related to the operation of the Pinkfong Interactive App. Services on the service page or via message, etc., and the User agrees to the Company’s posting advertisements disclosed while using the Pinkfong Interactive App. Services.
3. The Company shall not be liable for any loss or damage incurred by the User’s participation, communication or transaction in advertisement of any third party advertising service provider.
4. The Company may ask the User to provide additional information for the purpose of improving the Pinkfong Interactive App. Services, introducing services for the User, etc., and the User may accept such request and provide additional information or reject it.
5. If the Company uses personal information collected from the User with the User’s prior consent to provide advertisements mentioned in Clause 2, the Company may send such advertisements via SMS (LMS), smartphone alerts (push notification) or e-mail, and the User may refuse to receive them at any time.
Article 17 (Special Provision Applicable to Users Outside Republic of Korea)
While the Company strives to create global services applying consistent standards to all Members, at the same time the Company also strives to comply with local laws in each region. The following provision applies to the Members residing in any country other than the Republic of Korea:
a. The Member must agree that his/her personal information is transferred to and processed in the Republic of Korea.
Article 18 (Attribution of Copyrights)
1. The copyrights and other intellectual property rights of the Pinkfong Interactive App. Services and of any works created by the Company shall belong to the Company;
2. The copyrights and other intellectual property rights of the User’s posting and services provided by the Company under partnership agreement shall belong to the provider of such works.
3. The copyrights and other intellectual property rights of all trademarks, service marks, logos, etc. related to the service provided by the Company, including the design of the service provided by the Company, text, script and graphic created by the Company, mutual transfer function between the Users, etc., shall belong to the Company as per the laws of the Republic of Korea and other countries, and the Company shall have ownership and the right to use to them.
4. The User shall not own the service or have the copyrights for the service as per these Terms, but is granted permission by the Company to use the service. Accordingly, the User may use the service to obtain information or for personal use only.
5. Except as expressly permitted, the User may not copy or distribute the texts, scripts and graphics created by the Company between the Users for commercial purposes, including the use, copy and distribution of the Users’ status information obtained through the service.
6. The Company shall grant the User the right to use the Contents pursuant to the terms defined by the Company only and the User may not dispose the Contents by assignment, sale, pledge, etc.
Article 19 (Limitations of Use, etc.)
1. If the User fails to fulfil the obligations specified in Article 15 (Obligations of User) in these Terms or interferes with the normal operation of the Pinkfong Interactive App. Services, the Company may limit some or all use of the Pinkfong Interactive App. Services by warning, temporary suspension, permanent suspension, etc.
2. Notwithstanding the above Clause 1, the Company may immediately suspend the User’s Pinkfong Interactive App. Services use permanently if the User violates relevant laws, such as illegal use of another’s name, payment theft, telephone number theft in violation of the Resident Registration Act, the Personal Information Protection Act, etc., providing any illegal program and disrupting the service operation in violation of the Copyright Act and the Computer Program Protection Act, and illegal communication and hacking, distribution of malicious programs, accessing unauthorized service, etc. in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.. In case of permanent use suspension under this Clause, all benefits acquired by the User through the use of the Pinkfong Interactive App. Services will also be extinguished, and the Company shall not otherwise make compensation thereof.
3. If the Company terminates or suspends the user agreement pursuant to the above Clause 2, the User shall delete the Contents downloaded and may not be refunded for any paid Contents purchased or fixed monthly service fee paid.
4. The terms and conditions as well as details of the specific limitations within the scope of use limitations in this Article shall be as provided in the Service Use Restriction Policy of the Company.
5. If the service use is limited or the user agreement is terminated pursuant to this Article, the Company shall notify the User according to Article 9 (Notice to User).
6. The User may appeal the service use limitations under this Article according to the procedures set by the Company. In such case, if the Company acknowledges that such objection is valid, the Company shall immediately resume the use of the Pinkfong Interactive App. Services.
Article 20 (Termination of User Agreement, etc.)
1. If the Member wants to terminate the Pinkfong Interactive App. Services user agreement, he/she may at any time terminate the user agreement by withdrawing his/her membership on the Member information management page according to the procedures set by the Company.
2. If the Member violates any of the provisions in Article 15 (Obligations of User) of these Terms, the Company may consider it a material breach and may immediately terminate the user agreement and hold the Member responsible for civil and criminal liabilities for any damage incurred in connection with the operation of the service.
3. If the Company decides to terminate the user agreement with the Member and withdraw membership pursuant to the preceding paragraph, the Company shall notify it to the User before processing the withdrawal, and the Member shall be given an opportunity to defend him/herself within 30 days from the date of receiving such notice.
4. If the Member terminates the agreement, all personal information of the Member is extinguished immediately upon termination except when the Company retains the Member’s information in accordance with the relevant laws and the Privacy Policy.
Article 21 (Compensation for Damage)
1. If the Company suffers any damage due to the User’s violation of these Terms, the User who violated the Terms shall be liable for any damage incurred by the Company.
2. If the Company faces any objection such as claim for damages or litigation filed by any third party other than the User due to the User’s illegal conduct or violations of these Terms in using the service, the User shall indemnify the Company and take full responsibility at his/her own costs, and if the Company is not indemnified, the User shall be liable for any damage incurred by the Company.
3. The Company shall not be liable for any damage arising out of the services provided for free unless such damage is caused by the Company’s intentional or gross negligence.
Article 22 (Protection of Personal Information)
1. In order to protect the User’s personal information, the Company shall comply with applicable laws, including the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Personal Information Protection Act. For the protection and use of personal information, the Company shall establish a privacy policy and appoint a chief privacy officer, and publish and operate them under the relevant laws.
2. The Company shall not use the information provided by the User for the purpose of the user agreement for any purpose other than the operation of the Company’s services or provide it to a third party without the User’s consent; provided, however, if matters related to the provision of personal information to any third party are set separately according to the Privacy Policy, the Privacy Policy shall apply.
Article 23 (Indemnification)
1. If the Company cannot provide the services due to natural disasters or any other equivalent events of force majeure, the Company shall be indemnified against the provision of the services.
2. The Company shall not be liable for suspension of the services, service failure or termination of the user agreement due to any cause attributable to the User.
3. The Company shall be indemnified against damage caused by suspension or abnormal operation of network services by mobile carriers.
4. The Company shall not be liable in case of suspension or failure of service due to unavoidable reasons such as maintenance, replacement, regular inspection and construction of service facilities, equipment, etc. notified in advance.
5. The Company shall not be liable for the User’s failure to obtain the expected profits through the use of services, and shall be indemnified against damage that may be caused by the User’s selection or use of the services.
6. The Company shall not be liable for any issues related to the installation of malicious programs caused by the User’s device environment and setting and any harm derived thereby or any other issues caused by the network environment without cause attributable to the Company.
7. The Company shall not be liable for any issues arising out of the User’s access to any website impersonating the Company’s services or any network service with falsified APK, etc.
8. The Company shall not be liable for the substance posted or sent by the User on the website or service page, including reliability and accuracy of information, materials, and facts.
9. The Company shall not be obligated to intervene in a dispute arising out of service between the Users or between the User and any third party, and shall not be liable for any resulting damage.
10. The Company shall not be liable for any damage caused by the User’s device failure or wrong input or omission of personal information and e-mail address.
11. The Company shall not be liable for any loss of ranking, content, etc. the User obtained through the use of the services unless such loss is caused by the intentional or gross negligence of the Company or its employees.
12. The Company and its employees and its agents shall not be liable for any damage arising out of the following unless such damage is caused by the Company’s intentional or gross negligence:
a. Any damage due to false or inaccurate status information of the Member;
b. Any damage caused by any third party’s illegal access to server or illegal use of server;
c. Any damage due to all unlawful interference or suspension of transmission by a third party to or from the server;
d. Any damage due to any virus, spyware and other malicious programs illegally transmitted or distributed, or made to illegally transmit or distribute, by any third party’s use of service;
e. Any loss due to error, omission, destruction, etc. of data sent; and
f. Any civil or criminal liability due to defamation of character or other illegal conduct from the registration of the User status information between the Users and the use of the service.
Article 24 (Dispute Resolution)
Any lawsuit regarding dispute arising between the Company and the User shall be subject to the exclusive jurisdiction of the Seoul Central District Court.
Addenda
Article 1 (Effectiveness)
1. These Terms shall enter into force on January 31, 2023.