These Terms and Conditions are intended to set forth the rights, obligations and responsibilities of Users in using the contents provided by the seller account (the “Seller”) of publ.
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 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.
3.2 The Seller 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’.
3.3 Upon revision of these Terms and Conditions, the Seller 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.
3.4 If the Subscriber 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.
3.5 If the Subscriber Member fails to express its intent to reject such revised Terms and Conditions even though the Seller clearly makes public notice or informs that the Subscriber Member will be deemed to have consent thereto unless the Subscriber 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 3.3 hereof, the Subscriber Member shall be deemed to have consented to such revised Terms and Conditions.
4.1 The Seller provides the following Services:
4.2 Upon sold-out of Goods or modification of technical specifications, the Seller may modify the details of the Goods to be provided under the contract to be entered in the future. In such event, the Seller 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 Seller for which the Seller enters into an agreement with the Subscriber Member for the reason of sold-out of Goods or modification of technical specifications, the Seller shall immediately notify to the Subscriber Member the cause thereof in the way as set forth in Clause 8.
5.1 The Seller may temporarily suspend its provision of Goods or Contents 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 Seller shall be liable for the damage incurred by the Subscriber Members caused by temporary suspension of provision of Goods or Contents for the causes as set forth in the foregoing Paragraph 5.1: provided that this shall not apply to the cases where the Seller proves that it has no willful misconduct or negligence of the Seller.
5.3 If the Goods or Contents 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 Seller will inform to the Subscriber Members in the way as set forth in Clause 8 and compensate to the Subscriber Members under the conditions as suggested by the Seller.
6.1 Any person desiring to subscribe the Channel needs to complete the settlement (payment) in a form as designated by the Seller and file a Channel subscription application by expressing its intent to agree to these Terms and Conditions.
6.2 The date of formation of Channel subscription shall be deemed as the time when the settlement of the Member is completed and the Member is changed to a Subscriber Member.
6.3 Upon changes in member information, the Subscriber Member shall reflect such changes in a way of making corrections in such member information and Subscriber Member information. Otherwise, the Seller will not be liable for the damage incurred by the Subscriber Member caused by the failure to make such corrections.
6.4 The Seller may restrict on the Subscriber Member’s Service use or Goods purchase or request for the process including age and self-verification to the Subscriber 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 If a Subscriber Member falls under any of the following causes, the Seller may limit or deprive the qualification of the Subscriber Member:
7.2 If the Subscriber Member repeats the act for not less than twice after the Seller restricts on the member qualification of the Subscriber Member for the same act or the cause of such disqualification is not remedied within 30 days, the Seller may disqualify the Subscriber Member.
7.3 Upon disqualification of the Subscriber Member, the Seller may expunge the registration of the Subscriber Member. In such event, the Seller informs to the Subscriber Member under Clause 8 and gives to the Subscriber Member an opportunity to explain by giving 30 days period at minimum.
8.1 The Seller may give a notice required by these Terms and Conditions in a way of email, (mobile) phone number, address provided by the Subscriber Member, official online sites (publr.co) and Seller’s Channel.
8.2 The Subscriber Member shall provide the Seller with the email, (mobile) phone number, and address which are actually accessible by the Seller, keep this information updated, and check the notice of the Seller.
8.3 The Seller shall not be responsible for any disadvantage arising out of the negligence of the Subscriber Member in performing its obligations as set forth in the foregoing Paragraph 8.2 without the willful misconduct or negligence of the Seller.
9.1 By posting it in bulletin board or sending by email, SMS, telephone call, and App push, the Seller may provide the Subscriber Members with various information which is considered as necessary to the Subscriber Members while using the Services. And the Subscriber 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 Seller under applicable laws and regulations.
9.2 The Seller may post an advertisement in the Channel and email related to the provision of Services or Contents. Any Subscriber Member receiving the email containing such advertisement may reject to receive such e-mail, and the Seller will provide the Subscriber Member with the method of such rejection.
10.1 The Seller does not commit any act prohibited hereby or against the laws, regulations or public order and makes its best effort in providing the Services and Contents stably.
10.2 The Seller shall notify to Subscriber Members and comply with the Privacy Policy.
10.3 The Seller does not send any profit seeking advertising email and App push to which the Subscriber Member does not consent.
10.4 If any opinion or complaint presented by the Subscriber Member is considered as objectively legitimate, the Seller shall make its best efforts in solving such complaint.
11.1 The Seller shall comply with the provisions hereof, the Use Policy, details of use guide and applicable laws and regulations and shall not commit any obstructing act.
11.3 For the Seller violating the foregoing Paragraph 11.2, the publ may take measures including termination of agreement, collection of subscription or discount coupon, restriction on seller qualification, and delay in cash refund, and legal measures, civil and criminal.
11.4 The details as set forth in the foregoing Paragraphs 11.2 and 11.3 shall be set forth in additional ‘Operational Policy’.
12.1 The Seller collects the Personal Information at the minimum within the scope necessary for providing the Services when collecting the Personal Information of the Subscriber Member.
12.2 In collecting and using the Personal Information of the Subscriber Member, the Seller notifies the purpose to the Subscriber Member and obtains consent of the Subscriber Member.
12.3 The Seller 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 Seller shall notify the purpose to the Subscriber Member and obtains consent of the Subscriber Member at the stage of the use and provision thereof unless otherwise stated in applicable laws and regulations.
12.4 If the Seller must obtain consent of the Subscriber Member under the foregoing Paragraph 12.2 and 12.3, the Seller 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 Subscriber Member may withdraw this consent at any time.
12.5 The Subscriber Member may request for access to and correction of error in his or her Personal Information possessed by the Seller at any time, and the Seller is obliged to take necessary measures without delay. Upon such request, the Seller will not use such Personal Information until such error is corrected.
12.6 The Seller shall limit the number of persons handling the Personal Information of Subscriber Members to the minimum for protection of the Personal Information and be fully liable for the damage incurred by the Subscriber Members caused by the loss, theft, leakage, provision to a 3rd party without consent, and alteration of Personal Information of Subscriber Members including the credit card and bank account.
12.7 Upon achievement of purpose of collection or provision of the Personal Information, the Seller or a 3rd party receiving the Personal Information from the Seller shall destruct such Personal Information without delay.
12.8 The Seller does not set the line of consent to the collection, use and provision of Personal Information as selected in advance. In addition, the Seller 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 subscription of the Channel for the reason of the Subscriber Member’s rejection to such consent to the collection, use and provision of the Personal Information the collection of which is not required.
12.9. The Seller’s Privacy Policy does not apply to the cases where the Personal Information is sent and received through the communication means including message and video sent and received between the Seller and the Subscriber Member in a separate way than the one (including technical measures including entry of profile information while joining membership and subscribing the Channel) officially provided by the publ, and the Seller will not be responsible therefor. In addition, even in case of receipt of the Personal Information delivered from external site linked to the Channel, the Privacy Policy of the Seller will not apply and the Seller will not be responsible there for.
12.10 If the case falls under any of the followings, the Seller may provide a 3rd party with the Personal Information of Subscriber Members within the scope permissible by the laws:
12.11 Any matter which is not set forth in this Clause shall be determined in the ‘Privacy Policy’ prepared by the Seller.
13.1 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.
13.2 The scope of license to the paid service Contents purchased by the Subscriber Member is limited to personal and non-commercial use of the Subscriber 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.
13.3 The Subscriber 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.
13.4 The Subscriber 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.
13.5 Upon occurrence of copyright infringement under this Clause, the Subscriber Member may be liable for the damage incurred by the Seller.
14.1 The Seller shall promptly and properly handle and inform the result of any opinion or complaint presented by the Subscriber Member: provided that, if such prompt handling is difficult, the Seller informs the Subscriber Member of the reason and handling schedule.
14.2 If such opinion presented by the Subscriber Member is not handled for the reason of its unreasonableness, the Seller informs the Subscriber Member of such reason.
14.3 Should any dispute occur between the Seller and the Subscriber Member, the Seller or the Subscriber 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 Seller and the Subscriber 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.
16.1 The Seller supplies paid Goods (Contents and services) to the Subscriber Member through the Channel.
16.2 The publ Services are in charge of technical measures to ensure that the Contents provided by the Seller and the Channel can be signed up except for the cases where the company cannot provide them in a normal way including Seller’s failure to upload relevant Contents.
16.3 Should there exist any separate understanding between the Seller and the Subscriber Member for the delivery or provision period of Goods including the Contents, such understanding prevails over these Terms and Conditions.
17.1 The Seller plays a role as a Contents supplier who receives subscription fee from and provides Contents to the Subscriber Member.
17.2 Each Content to be supplied by the Seller to the Subscriber Member is available to be sold through Seller’s Channel after receiving approval of the publ.
17.3 The Seller shall be responsible for faithfully managing and operating in good faith to ensure
that the type and sales of the Contents to be supplied to the Subscriber Member will not violate any and all the laws, regulations and these Terms and Conditions.
17.4 The Seller shall properly manage detailed information of Contents including the types and sales conditions of the Contents to be supplied to the Subscriber Member and shall not fill out any false information.
17.5 The Seller shall correctly understand the matters related to the supply of Contents which are posted and guided by the publ through the Seller Consoles and Channel, and the publ shall not be liable for the damage arising out of un-confirmation or misunderstanding of the Seller.