Article 1. Purpose
Article 2. Definitions
The definitions of terms used in this Agreement are set forth as follows:
1. “Member” refers to a customer who installed App Service of the Company, and uses the Service provided by the Company.
2. “Fee-based Service” refers to the various types of online digital content (including various data content and paid item content) and related services that the Company provides for a charge among the Service.
3. “Posting” refers to signs, voices, sounds, videos, posts, images, files, and links that are posted or registered by the Member on the Service provided by the Company.
4. “Location Information” refers to “Location information” of Article 2(1) and “Personal Location Information” of Article 2(2) of “Act on the Protection, Use, etc, of Location Information (hereinafter “Location Privacy Protection Act”).
Article 3. Posting and Amendment of the Agreement
2. The Company may amend the Agreement within the scope of not violating relevant laws and international conventions, such as the “Location Privacy Protection Act”, “Contents Industry Promotion Act”, “Regulation of Standardized Contracts Act” and the “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.” (hereinafter “Information and Communications Network Act”).
Article 4. Working Rules (Besides Agreement)
Article 5. Obligations to Protect Personal Information
Article 6. Obligations of the Company
3. When the Company acknowledges that the opinions or complaints from the Member with respect to the use of the Service are justified, the Company shall handle them. As for the opinions or complaints from the Member, the Company shall inform the Member of the handling process and results through electronic memos or by email.
Article 7. Obligations of Member
1. Members shall not engage in the behavior set forth as follows:
1) Posting or transmitting information (such as computer programs) other than the information designated by the Company;
2) Infringing on intellectual property rights including copyrights of the Company and a third party;
3) Damaging the reputation of the Company and a third party, or disrupting their businesses;
4) Disclosing or posting obscene or violent messages, videos, voices and other information that violates the traditional custom in the Service;
5) Using the Service for a commercial purpose without the Company’s agreement;
6) Collecting other members’ Personal Information and account information;
7) Copying, dissembling or modifying the Service through the process, such as reverse engineering, decompiling, or dissembling;
8) Disrupting the normal operations of the Service by using the Service through illegal programs such as automatic connection program, other than the Service provided by the Company;
9) Conducting other illegal or unjust behaviors.
Article 8. Provision of Service
1. The Company provides the Member with the following services:
1) BigHead Maker: Service that provide to detected Member’s face and changing to bigger.
2) Variety Video Maker: Service that provide to variety animation and effect to Member’s photo
3) Hot Times: Service that provide to News paper effect to Member’s photo or from SNS photos
4) Any services that the Company provide to the Member through additional developments or partnership with other companies, etc.
2. The Company may categorize the Service and designate the hours for use by category. However, such cases shall be notified in advance.
3. In principle, the Service is provided all year around, 24 hours a day, 7 days a week. However, in cases of Article 9, the Company may change a time and way to provide the Service or stop providing the Service.
4. The Company may carry out a routine maintenance when it is needed for providing the Service, and the time of the maintenance shall be the time publicly announced on the service screens or pages.
Article 9. Changes and Suspension of the Service
1. The Company may change all or part of services in the following cases where:
1) Efficiency or profits get worsening due to the decrease in use;
2) A flood of use disrupts the Service;
3) There is a maintenance check, repair, replacement, breakdown, or communications cutoff of information and communications facilities like computers, and there are other significant operational issues;
4) A common carrier designated by Telecommunications Business Act stops providing electronic communication services Telecommunications service;
5) The shift to next generation service is required due to technical improvement;
6) The policies of the Company related to the providing of the Service or of Location Information providers change;
7) Providing all or part of the Service violates the relevant laws;
8) The Service is disrupted due to the national emergency, revision of laws, the court’s ruling and administrative action or orders;
9) The Member disrupts the Service on purpose or by gross negligence;
10) Providing the Service by the Company is deemed inappropriate due to other reasons.
2. If it is necessary for the Company’s policies or operation, the Company may change, stop, or modify the Token provided for free or a part or all of the services, and shall not compensate the Member for this, unless otherwise stated in the relevant laws.
Article 10. Providing Information and Posting Advertisement
1. The Company, through public notices or emails, may provide various types of information recognized as necessary for the Member to use the Service. However, through email, the Member may refuse to receive the information anytime, except answers from the customer center and the trade-related information in accordance with the relevant laws.
2. If the Company is to send the information described in Clause 1 through telephones or other transmission devices, the Company shall receive the Member’s consent beforehand.
3. The Company, regarding the Service operation, may post advertisements on the Service screen, homepage and emails. The Member who receives the emails with advertisements may refuse to receive the emails.
Article 11. Copyright of Posting
1. The copyright of a Posting posted by the Member within the Service shall vest in the author of the Posting, and if the Posting of the Member violates intellectual property rights, causing legal disputes, the Member shall take all the responsibilities. The Member shall grant the right for the Posting on the Company as in the following Clauses.
2. Rights of Company for the Service
The Posting that the Member posts within the Service may be exposed to search results, the Service, and related promotions, and may be posted modified, copied or edited within the scope necessary for the exposure.
3. Rights of Company and a third company to use Postings for free
1) Rights of the Company and a third company to nonexclusively and freely use the Posting concerned across the world through existing and any media to be developed;
2) Rights of the Company and a third company to allow the above case to other third party.
Article 12. Management of Posting
1. If the Posting of the Member violates relevant laws, such as the “Information and Communications Network Act” and “Copyright Act,” the right-holder may request that the Posting be taken down or be deleted pursuant to the procedures set forth in the relevant laws, and the Company shall take measures in accordance with the relevant laws.
2. Even without the request from the right-holder as described in the previous Clause, the Company may take temporary measures on the Posting in accordance with the relevant laws if the Posting infringes on rights, or violates policies of the Company or relevant laws.
3. The procedures pursuant to this Article shall follow “Notice AND Take Down” of the Company within the scope set forth in the “Information and Communications Network Act” and “Copyright Act.”
Article 13. Ownership of Rights
1. The Company shall own copyrights and intellectual property rights on the Service. However, the Member’s Postings and the works provided in accordance with partnership contracts shall be excluded.
2. The Company shall own the ownership and right to use for all intellectual property rights such as trademark, service mark, design, logos and slogans concerning the Service such as the design of the Service provided by the Company, text, scripts, graphics and mutual communications and a function of transmission created by the Company.
4. The Member shall not use, copy or distribute the status information of the Member gained through the Service, except the content explicitly allowed by the Company for a commercial purpose and shall not copy or distribute texts, scripts, features of mutual communications between the Member and transmission of graphics.
5. The Company shall grant the Member only the right to use account, ID and content as described in the conditions for the use set by the Company, and the Member shall be prevented from transferring or selling the right, or providing it as collateral.
Article 14. Method to collect Location Information
The Company collects an individual’s Location Information as listed below:
1. Real-time collection in the Cell-ID method utilizing a cell phone;
2. Through GPS information collected by a cell phone where a GPS chip is embedded;
3. Through Wi-Fi information collected by a cell phone where a Wi-Fi chip is embedded.
Article 15. Use of Location Information
1. The Company may use the Location Information or Personal Location Information of the Member for the Service when the Member says yes to ‘I agree with the company to use Location Information after logging into the Service through mobile terminals.
2. In case of the Member who does not agree with the use of Location Information, the use of Location Information may be requested whenever he/she is to use the services using Location Information. Such member may have difficulty in using the normal Service with mobile terminals:
In case that the Member does not agree with the use of Location Information, the Company shall not use Location Information
Article 16. Rights of Member for Personal Location Information
2. The Member may request temporary suspension on the collection/use/provision of Personal Location Information anytime. In such a case, the Company shall not decline the request, and shall be in possession of technical methods to support such a request.
Article 17. Immediate Notification to Member in Case Personal Location Information is Provided to a Third Party
1. The Company must not reveal Personal Location Information without consent from the Member to the third party. In case such information is to be provided to the third party, the Company should notify of the receiver and purpose of such revelation to the Member prior to application and obtain consent.
2. In case the Company provides Personal Location Information to the third party indicated by the Member, Company must immediately notify the Member of receiver and date/purpose of receipt every time such provision takes place through appropriate telecommunication device.
Article 18. Limitation of Liability
1. The Company shall be exempt from any responsibility related to providing the Service in the case where the Company is unable to provide the Service due to natural disasters or any force majeure.
2. The Company shall not be responsible for Service errors occurred due to the Member’s liability.
3. The Company shall not be responsible for the credibility and accuracy of the information, documents and facts that the Member posts regarding the Service.
4. The Company shall be exempt from any responsibility when there was a trade between Members or between the Member and a third party having the Service as a medium.
5. The Company shall not be responsible for any Application you distribute for the consequences of your actions(including any image, sound, program tools license problem which smobile may suffer) by doing so.
6. The Company shall not be responsible for the content and quality of products or the Service advertised through the page within the Service or a linked website by a third party.
7. The Company, employees of the Company and representatives shall not be responsible for damages caused by the following cases:
1) A damage caused by false or inaccurate status information of the Member;
2) An individual damage caused by accessing and using the Service regardless of the feature of and route to the Service;
3) A damage caused by every illegal access to servers or illegal use of servers by a third party;
4) Damages caused by all illegal hindrance or suspension on transmission from or to servers by a third party;
5) Damages caused by all viruses, spywares and other malicious programs illegally transmitted or distributed by a third party using the Service;
6) Damages caused by errors, omission, or destruction of transmitted data;
7) Legal responsibilities due to defamation or other illegal actions occurred in the course of registering Member’s status information and using the Service.
Article 19. Use in Foreign Countries
The Company shall not guarantee equal quality or serviceability of the Service across the world. Thus, in case the Member is to use the Service, he/she shall determine whether to use in his/her judgment or responsibilities. In particular, the responsibility to abide by local regulations in the course of using the Service lies in the Member.
Article 20. Settlement of Disputes
In case a dispute on Personal or Location Information occurs between the Company and the Member, an agreement is recommended to be made to settle the dispute, and in case of a dispute which does not allow agreement or which cannot come to an agreement, the Company may apply for motions to the Personal Information Dispute Mediation Committee.
Article 21. Governing Law and Jurisdiction
Disputes arising between the Company and the Member shall be governed by the laws of the Republic of Korea.
Lawsuits regarding the disputes arising between the Company and the Member shall be brought in the competent court according to the code of Civil Procedure.