These Terms and Conditions are intended to set forth the rights, obligations and responsibilities of Users in using the publ services (the “Services”) provided by CYCLOPS Co., Ltd. (the “Company”) and the site (the “Channel”) constructed with the Services.
2.1 As used herein, the following terms means as follows:
2.2 The definitions of terms which are not defined shall be determined by the laws, regulations and general customary practices.
3.1 The Company posts these Terms and Conditions in the way as set forth in Clause 8 to ensure that the Users easily knows these Terms and Conditions.
3.2 Any matter which is not set forth herein or the construction of these Terms and Conditions shall be determined by the ‘Act on Protection of Consumers in E-commerce’, the ‘Act on Regulations of Terms and Conditions’, the ‘Guidelines on Consumer Protection in E-commerce’ as established by the Fair Transaction Commission, applicable laws and regulations or customary practices.
3.3 The Company may revise these Terms and Conditions to the extent that such revision does not violate applicable laws and regulations including the ‘Act on Protection of Consumers in E-commerce’, the ‘Act on Regulations of Terms and Conditions’, the ‘Framework Act on E-document and E-transactions’, the ‘E-financial transaction Act’, the ‘E-signature Act’, the ‘Act on Promotion of Telecommunications Use and Information Protection’, the ‘Door-to-Door Sales Act’ and the ‘Framework Act on Consumers’.
3.4 Upon revision of these Terms and Conditions, the Company clearly indicates and notifies the details and application date of such revision for the period from 7 days before to application date in the way as set forth in Clause 8: provided that, if such revision is disadvantageous to the Users, such revision will be publicly notified from at least 30 days before application date to the application date.
3.5 If the User Member does not consent to revised Terms and Conditions, the Member may express its intent to reject prior to application date of revised Terms and Conditions and terminate the use agreement hereunder.
3.6 If the User Member fails to express its intent to reject such revised Terms and Conditions even though the Company clearly makes public notice or informs that the User Member will be deemed to have consent thereto unless the User Member expresses its intent to reject to revised Terms and Conditions prior to the application date of revised Terms and Conditions as set forth in Clause 3.4 hereof, the User Member shall be deemed to have consented to such revised Terms and Conditions.
4.1 The Company provides the following Services:
4.2 Upon sold-out of Goods or modification of technical specifications, the Company may modify the details of the Goods to be provided under the contract to be entered in the future. In such event, the Company will clearly indicate and immediately notify in the place where the details of current Goods are posted the details of modified Goods.
4.3 Upon modification of the details of Service to be provided by the Company for which the Company enters into an agreement with the User Member for the reason of sold-out of Goods or modification of technical specifications, the Company shall immediately notify to the User Member the cause thereof in the way as set forth in Clause 11.
5.1 The Company may temporarily suspend its provision of Services in cases where the causes of act of God, force majeure equivalent thereto, repair/inspection/replacement and replacement of communication facilities including the computers and communication break occur.
5.2 The Company shall be liable for the damage incurred by the User Member and the Subscriber Member caused by temporary suspension of provision of Services for the causes as set forth in the foregoing Paragraph 5.1: provided that this shall not apply to the cases where the Company proves that it has no willful misconduct or negligence of the Company.
5.3 If the Services cannot be provided for the reason of changes in business items, termination or abandonment of business, closure of company, merger, split, and business transfer, the Company will inform to the Members in the way as set forth in Clause 8 and compensate to the User Members and the Subscriber Members under the conditions as suggested by the Company.
6.1 Any person desiring to become a Member shall file a membership application by filling out the member information in the membership application form as designated by the Company and expressing its intent to agree to these Terms and Conditions.
6.2 The Company register such person (applicant) filing a membership application as set forth in the foregoing Paragraph 6.1 to the extent that such person does not fall under any of the followings. If the Company rejects or delays the approval of membership application, the Company will inform to the Member under Clause 8 hereof:
6.3 The membership agreement shall be formed when the Company’s acceptance arrives to the applicant.
6.4 Upon changes in member information, the Member shall reflect such changes in a way of making corrections in such member information. Otherwise, the Company will not be liable for the damage incurred by the Member caused by the failure to make such corrections.
6.5 The Company may restrict on the Member’s Service use or Goods purchase or request for the process including age and self-verification to the Member in order to comply with the limit on level and age under applicable laws and regulations including the ‘Promotion of the Motion Pictures and Video Products Act’, the ‘Juvenile Protection Act’, and the ‘Chemical Control Act’.
7.1 Any Member may request to the Company for withdrawal of membership at any time, and the Company will immediately handle such withdrawal thereafter. Upon withdrawal of membership, the member will be disqualified, and various discount coupons and event benefits provided by the Company or Seller will disappear: provided that, if there exist unused rights including subscription as of such withdrawal, the Member shall be deemed to have given up and such rights will completely disappear: provided that, if there are any use fees including payment for goods to the Company or Seller, the withdrawal will be limited.
7.2 If a Member falls under any of the following causes, the Company may limit or deprive the qualification of Member:
7.3 If the Member repeats the act for not less than twice after the Company restricts on the member qualification of the Member for the same act or the cause of such disqualification is not remedied within 30 days, the Company may disqualify the Member.
7.4 Upon disqualification of the Member, the Company may expunge the registration of the Member and, in such event, the Company may expunge the registration of the Member having the ID which is confirmed to be owned by such Member at once. In such event, the Company informs to the Member under Clause 8 and gives to the Member an opportunity to explain by giving 30 days period at minimum.
8.1 The Company may give a notice required by these Terms and Conditions in a way of email, (mobile) phone number, address provided by the User Member, official online sites (publr.co) and Seller’s Channel.
8.2 The User Member shall provide the Company with the email, (mobile) phone number, and address which are actually accessible by the Company, keep this information updated, and check the notice of the Company.
8.3 The Company shall not be responsible for any disadvantage arising out of the negligence of the User Member in performing its obligations as set forth in the foregoing Paragraph 8.2 without the willful misconduct or negligence of the Company.
9.1 By posting it in bulletin board or sending by email, SMS, telephone call, and App push, the Company may provide the Members with various information which is considered as necessary to the Members while using the Services. And the Members may reject to receiving an email at any time except for the guide of procedure, reply to the answer to the customer inquiry and other transaction-related information for carrying out the obligations imposed to the Company under applicable laws and regulations.
9.2 The Company may post an advertisement in the service screen and email related to the operation of Services. Any Member receiving the email containing such advertisement may reject to receive such e-mail, and the Company will provide the Member with the method of such rejection.
10.1 The Company does not commit any act prohibited hereby or against the laws, regulations or public order and makes its best effort in providing the Services stably.
10.3 The Company does not send any profit seeking advertising email and App push to which the Member does not consent.
10.4 If any opinion or complaint presented by the Member is considered as objectively legitimate, the Company shall make its best efforts in solving such complaint.
11.1 The Member shall be responsible for managing his or her ID and password.
11.2 The Member shall not provide, disclose to a 3rd party or have a 3rd party to use his or her ID and password.
11.3 The Member shall be liable for all disadvantages including loss and damage caused by failure to comply with the obligations under this Clause including the Member’s failure to change his or her password even if the Member knows the leakage of his or her ID and password or a 3rd party’s use, or the Member’s failure to inform the Company of this circumstance nor respond to the Company’s measures.
12.1 The Members shall comply with the provisions hereof, use policy of Company, details of use guide and applicable laws and regulations and shall not commit any act obstructing the business of the Company.
12.2 The Members shall not commit any of the following act:
12.3 For the Member violating the foregoing Paragraph 12.2, the Company may take measures including termination of agreement, collection of subscription or discount coupon, restriction on member qualification, and delay in cash refund, and legal measures, civil and criminal.
12.4 The details as set forth in the foregoing Paragraphs 12.2 and 12.3 shall be set forth in additional ‘Operational Policy’.
13.1 The Company collects the Personal Information at the minimum within the scope necessary for providing the Services when collecting the Personal Information of the Member.
13.2 The Company does not collect in advance any information necessary for performing purchase agreement while filing membership application: provided that this shall not apply to the cases where the Company collects certain Personal Information at the minimum as a case that self-verification is necessary before the purchase agreement for performing obligations under applicable laws and regulations.
13.3 In collecting and using the Personal Information of the Member, the Company notifies the purpose to the Member and obtains consent of the Member.
13.4 The Company shall not use any collected Personal Information for other usage than the purpose thereof and, if any new usage of such Personal Information occurs or such Personal Information is provided to a 3rd party, the Company shall notify the purpose to the Member and obtains consent of the Member at the stage of the use and provision thereof unless otherwise stated in applicable laws and regulations.
13.5 If the Company must obtain consent of the Member under the foregoing Paragraph 13.3 and 13.4, the Company shall clearly state or notify in advance the personal identity (department, name and telephone number and other contact information) of a person responsible for managing the Personal Information, purpose of collection and use of information, and the matters related to the provision of information to a 3rd party (including the receiving person, purpose of provision and details of information to be provided) as prescribed in the ‘Act on Promotion of Telecommunications Use and Information Protection’, and the Member may withdraw this consent at any time.
13.6 The Member may request for access to and correction of error in his or her Personal Information possessed by the Company at any time, and the Company is obliged to take necessary measures without delay. Upon such request, the Company will not use such Personal Information until such error is corrected.
13.7 The Company shall limit the number of persons handling the Personal Information of Members to the minimum for protection of the Personal Information and be fully liable for the damage incurred by the Members caused by the loss, theft, leakage, provision to a 3rd party without consent, and alteration of Personal Information of Members including the credit card and bank account.
13.8 Upon achievement of purpose of collection or provision of the Personal Information, the Company or a 3rd party receiving the Personal Information from the Company shall destruct such Personal Information without delay.
13.9 The Company does not set the line of consent to the collection, use and provision of Personal Information as selected in advance. In addition, the Company clearly indicates the Services to be restricted in detail in case of rejection of such consent, does not limit or reject the provision of Services including membership for the reason of the Member’s rejection to such consent to the collection, use and provision of the Personal Information the collection of which is not required.
13.11 If the case falls under any of the followings, the Company may provide a 3rd party with the Personal Information of Members within the scope permissible by the laws:
14.1 The payment for the goods purchased in the Channel may be made in any of the following ways:
14.2 The Member shall fully bear responsibilities and disadvantages caused by the information entered by him or her related to the settlement for purchase price.
14.3 The Company cannot additionally collect the fee for the payment method of the Member in addition to the payment for the goods: provided that the Company may invoice to the Member the liquidated damage including overdue payment notified while using the deferred payment settlement service for the payment for the goods.
15.1 All Contents provided by the Seller to the Subscriber Members through the Channel are the contents the copyright of which is owned by the Seller or licensed by the provider of individual contents, and the Subscriber Members are obliged to protect the right of the Seller.
15.2 The scope of license to the paid service Contents purchased by the Member is limited to personal and non-commercial use of the Member purchasing such Contents. A group showing is not included in the scope of license even it is non-profit and non-commercial unless otherwise licensed by the Seller.
15.3 The Member shall not attempt to: reproduce, re-distribute, sell, lease, transfer, otherwise grant a sublicense of the paid Service purchased by him or her to a 3rd party (including the method of providing password or authentication certificate for connecting with video contents); circumvent, remove, inactivate or damage the encoding, right indication and copy prevention technology protecting the Contents; or decompile, revise, reproduce, reverse engineering, manipulate or separate the computer file in which the Contents are stored in a form edible to the person.
15.4 The Member shall use the Contents purchased by him or her in the paid Service as they are provided by the Channel and shall not edit, modify, dramatize or produce a derivative work unless otherwise licensed by the Seller.
15.5 Upon occurrence of copyright infringement under this Clause, the Member may be liable for the damage incurred by the Seller and, in such event, the Member shall indemnify the Company.
15.6 Upon occurrence of copyright infringement under this Clause, the Member may be deemed to obstruct the normal business of the Company and be liable for the damage incurred by the Company.
16.1 Channel shall promptly and properly handle and inform the result of any opinion or complaint presented by the Member: provided that, if such prompt handling is difficult, the Channel informs the Member of the reason and handling schedule.
16.2 If such opinion presented by the Member is not handled for the reason of its unreasonableness, the Channel informs the Member of such reason.
16.3 Should any dispute occur between the Channel and the Member, the Channel or the Member may file an application for dispute mediation to the Content Dispute Mediation Committee under Article 30 of the ‘Content Industry Promotion Basic Act’.
Any dispute between the Company and the Member shall be governed by the laws of Republic of Korea and be finally settled by the Seoul District Court having jurisdiction under the Civil Procedure Act.
18.1 The Company files an application for the purchase in the Services in any of the following or similar methods, and the Company shall provide the following details to ensure that the Member will be able to easily understand:
18.2 If necessary to provide a 3rd party with the Personal Information of the Member, the Company shall obtain consent of the Member when actually filing purchase application and does not obtain blank consent in advance when filing membership application. In such event, the Company shall clearly indicate to the Member the items of Personal Information, person receiving the Personal Information, receiving person’s purpose of use of the Personal Information, retention and use period.
18.3 If necessary to consign the business of processing of the Personal Information of the Member (including collection, generation, connection, linkage, record, storage, possession, processing, edition, search, print out, correction, restoration, use, provision, disclosure, destruction and other similar acts) to a 3rd party, the Company shall obtain consent of the Member when actually filing purchase application and shall not obtain blank consent in advance when filing membership application. In such event, the Company shall clearly indicate to the Member the person accepting the Personal Information processing consignment, and the details of business to be consigned for the Personal Information processing: provided that, if otherwise stated in the ‘Act on Promotion of Telecommunications Use and Information Protection’, such Act shall be complied with.
19.1 If the case falls under any of the followings as for the purchase application as set forth in Clause 18 hereof, the Company may not accept the agreement: provided that, if an agreement is entered with a minor, the Company shall notify that the minor himself or herself or his or her legal representative may cancel the agreement if the legal representative’s consent cannot be obtained:
19.2 Any agreement shall be formed at the time when the Company’s acceptance arrives to the Member in a form of notice of receipt confirmation as set forth in Paragraph 20.1 hereof.
19.3 Any indication of the Company’s intent to acceptance shall include the availability of confirmation and sales of the Member’s purchase application, and information of correction and cancellation of the purchase application.
19.4 If the Company discovers any of causes as set forth in the foregoing Paragraph 19.1 after formation of an agreement, the Company may immediately terminate or cancel such agreement and, in such event, the Company will refund or take necessary measures for refund within 3 business days from the date of the Member’s payment for the Goods.
20.1 Upon purchase application of the Member, the Company gives a notice of receipt confirmation to the Member.
20.2 If any discrepancy exists in the intent indication, the Member receiving such notice of receipt confirmation may immediately request for the modification and cancellation of such purchase application, and the Company shall handle without delay as requested if the Member makes such request prior to shipment: provided that, if the Member made the payment already, the provision of Clause 24 hereof for withdrawal of subscription shall be complied with.
21.1 The Seller supplies to the Members paid goods (Contents and services) through the Channel.
21.2 The Company shall be responsible for technical measures to ensure that the Contents provided by the Seller and the Seller’s subscription of the Channel will be available except for the cases where the Company cannot provide such Contents in normal way including the Seller’s failure to upload such Contents.
21.3 If there exists a separate understanding for the period of delivery and provision of Goods including the Contents between the Seller and the Member, such understanding shall prevail over these Terms and Conditions.
22.1 For monthly automatic renewal of the service use agreement and invoice of the use fee for the Channel, the Company may possess settlement related information of Members for the service use period and certain period after the end of the service use period, and the Seller and Channel may access to the information of Members by making a request to publ Services.
22.2 Upon the Member’s application of automatic settlement, when a separate application for termination is filed, invoice and settlement are automatically made for the paid Service on the designated settlement date and by designated means regardless of actual use of such Service.
22.3 The expiration date due to termination of automatic settlement is one month from the regular settlement date. Upon termination of automatic settlement, the Member may use the Services for the 1 month from the regular settlement date.
22.4 If a Member uses other person’s settlement information without consent, the Member shall be responsible for that civil and criminal and may be punished under applicable laws and regulations.
22.5 If a regular settlement cannot be made for the reasons of changes in settlement information, loss of credit card and mobile phone and others, the service use will be automatically suspended when one (1) month lapses from the last regular settlement date.
22.6 Services shall not be liable for the damage caused by the suspension of regular settlement and the service use arising out of the fault of the Member including a failure to pay the use fee.
23.1 Any Member entering into an agreement for the use of the paid Service with the Seller or Channel may withdraw the subscription within 7 days from the date of receipt of notice of receipt confirmation: provided that, if the Seller or Channel takes any of the following measures, the Member’s right to withdraw the subscription may be restricted:
23.2 The withdrawal of subscription as set forth in the foregoing Paragraph 23.1 comes to effect when the Member expresses its intent to the Channel or ‘publ Services’ in a way of technical means, telephone call, email or fax provided by the Services.
23.3 In receiving such expression of intent to withdraw the subscription expressed by the Member, the Channel or publ Services inform to the Member without delay.
23.4 Upon withdrawal of use application, the Member may file an application for settlement cancellation processing to the Channel or publ Services depending each settlement method selected by the Member: provided that, if the case falls under any of the followings, such settlement cancellation processing is not possible:
23.5 If a settlement for the paid Service is made by using any settlement method (including account transfer) with which settlement cancellation processing is impossible, only refund processing is available under Clause 24 hereof.
23.6 The period when the settlement cancellation is available with each settlement method is as follows and, if such period lapses, settlement cancellation processing is not possible: provided that, the followings may be modified depending on the circumstances of related companies:
24.1If the goods for which the Member files a purchase application fall under any of the followings, the Company shall inform the Member of the reason thereof and refund or take measures necessary for refund:
24.2 In making a refund arising out of the fault of the Channel operated by the Seller, the Service sets off the profit gained by the Member from the use of the Service as follows and refunds by adding 10 % of the balance of payment as penalty for breach:
. Total payment for use – (Number of days of use x Daily use fee)
24.3 In making a refund for the fault of the Member, the balance deducted by the amount of profit gained by the Member from the use of Service as set forth in the foregoing Paragraph 24.2 deducted by the penalty for breach (10%) shall be refunded.
24.4 If the person receiving the payment for the paid Service or the Member is not the same with the person entering into a use agreement for the paid Service, each of them may jointly and severally be responsible for performing the obligations related to the withdrawal of subscription or the termination of relevant agreement.
24.5 If the case falls under any of the followings, the refund is not available:
24.6 In applying for a refund of already paid settlement amount or payment which cannot be canceled, refund measures are available after confirmation of normal payment of relevant fees. If an intent to get refunded is expressed within the settlement cancellation period, settlement cancellation processing may be considered first and processed.
24.7 A deposit is available only when the name of account holder of the account of financial institution for refund is the same with the name of member ID registered in the publ Services.
27.8 Refund is not available in case of theft of Personal Information and settlement information or wrongful settlement and, in such event, the request and check of the Personal Information of the payer are available only through legitimate request of investigation agencies based on applicable laws and regulations.
27.9 The deposit of refund shall be made in the same way with the settlement means within 3 business days from: 1) the date when the Member expresses its intent to withdraw the use application; 2) the date when a reply to the expression of intent to terminate the use agreement for the paid Service is given to the Member; or 3) the date of loss of member qualification. If such refund in the same way is impossible, a prior notice thereof will be given to the Member: provided that, if a settlement is made by using deferred payment means (credit card and mobile phone), the fact of deposit of settlement details may be checked within 3 months, and thus the refund period may be additionally added by such months.
27.10 Upon membership withdrawal and refund request, the Company shall not be responsible for the disadvantage arising out of the fault of the Member including misspelling.