bubble for JYPnation Service Terms of Conditions of Use
Article 1 (Objective)
The purposes of these terms and conditions are to regulate rights, obligations, responsibilities and other necessary matters in relation to the usage of bubble for JYPnation services provided by Dear U Co., Ltd. (hereinafter, referred to as 'the company').
Article 2 (Definition)
① Definitions of terminologies used in these terms and conditions are as follows.
1. 'Services' refers to the bubble for JYPnation services (hereinafter, referred to as 'Services') to be used by 'members' through any devices (including wired and wireless devices such as PC, TV or mobile devices, etc.).
2. ‘Members’ refers to users who access the ‘Services’ of the Company, enter into a contract with the Company in accordance with these Terms, or use the Services provided by the Company.
3. 'bubble for JYPnation account' refers to a login account necessary for using the 'services' based on email address and password. bubble for JYPnation account may be required for some 'services'.
4. 'Paid service' refers to various digital contents (bubble Tickets, emoticon, theme, game coupon, optional service etc.), actual goods and services provided by 'the company' with fees.
5. 'In-App Purchase' refers to payment activities to purchase digital contents in the services.
6. 'Open market business' refers to companies to provide e-commerce service providers (including providers for in-service payment service) that provide installation and payment of our services. (e.g. Google Play. Apple App Store, etc.)
7. 'Post' refers to texts, photos, videos, files and links in the form of signs, texts, voices, sounds, images and videos posted on 'Services' by 'members'.
8. 'Contents' means creative works such as videos, emoticons and characters provided to members by the company through these services.
② The definitions of terminologies used in these terms and conditions follow relevant laws and regulations and other general commercial practices except the definitions specified in Paragraph 1.
Article 3 (Posting and amendment of terms and conditions)
① 'The company' posts the contents of these terms and conditions, company name, location of business places, name of representative, business registration number, contact information (telephone, fax, email address, etc.) in the bubble for JYPnation service in order for 'members' to notice. Provided, however, the details of these terms and conditions only can viewed to 'members' through connected pages.
② 'The company' may amend these terms and conditions within the range that does not violate relevant laws such as 'Regulation of Standardized Contracts Act', 'Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter referred to as 'Act on Information and Communications Network')', 'Act on the Protection, ‘Content Industry Promotion Act’, Use, etc. of Location Information'.
③ In case when 'the company' amends these terms and conditions, it shall state the date of application and the reason of amendment, together with the existing terms and conditions, and publish them in the form of Paragraph 1 from 15days prior to the day before application of amendment. Provided, however, if any amendments are unfavorable to members, then it will be published 30 days before the effective date, and it will also be clearly notified again through electronic methods including email, electronic message in 'services' or consent screen when using paid services, etc. for certain period of time.
④ If 'members' use the 'services' of 'the company' continuously after the published effective date in the previous paragraph, it will be considered that the members agree to the amended terms and conditions. If any 'members' do not agree to the amended terms and conditions, the 'members' may freely terminate the 'services' agreement anytime. If 'member' using 'paid service' do not agree to the amended terms and conditions and terminate the service agreement, then the refund policy related of 'the company' in relation to fees that already has paid will apply.
Article 4 (Interpretation of terms and conditions)
① 'The company' may have separate Terms of Conditions of Use and Policies (hereinafter 'Terms of Service for Paid Service, etc.') for paid service and individual service. If the contents conflict with these terms and conditions, then the 'Terms of Service for Paid Service, etc.' will prevail.
② Any matters and interpretations not specified in these terms and conditions shall follow relevant laws or commercial practice.
④ These terms and conditions may be provided in Korean, English and some other languages for convenience of users. If any translated terms and conditions are different from the Korean version of these terms and conditions, then Korean version of terms and conditions will be preferably interpreted and applied.
Article 5 (Sign-up)
① For sign-up process, a person who wishes to become a 'member' (hereinafter, 'applicant for membership') shall enter member information in the form designated by 'the company', and consent to the terms and conditions and complete the authentication process with telephone number in order to apply membership. And when the company approves the application, the sign-up for membership is completed.
② 'The company' will generally accept the application of the 'applicant for membership' and approve the use of 'service'. Provided, however, 'the company' may not accept the application or terminate the service agreement later in the following cases.
1. In case any applicant's membership was permanently suspended before under these terms and conditions, Provided, however, if the members obtain approval of 'the company' for rejoining, it will be exceptional.
2. In case any applicants use the name of other people
3. In case any applicants enter false information, or not enter information required by 'the company'
4. In case it is impossible to approve due to any faults of users or the application violates any regulations
5. In case the 'services' are used wrongfully or used to pursue profits in the ways other than purposes or methods specified by 'the company'
6. In case the application violates related laws and regulations or commits offenses against public morals or fine customs
7. In case the application violates these terms and conditions or it is confirmed that the application is illegal or wrongdoing, and 'the company' reasonably determines that it is necessary
③ 'The company' may request to verify real name and identification through institutions by the types of 'members' in the application specified in Paragraph 1, 2 and 3.
④ 'The company' may hold off the approval when facilities related to services are not sufficient or there is any technical or operational issues.
⑤ If the application for membership is not allowed or held off according to the prior paragraph, 'the company' shall generally notify it to the applicant for membership.
⑥ 'The company' may apply differentials on usage hours, number of usage and service menu for 'members' by grades of membership under the company’s policies.
⑦ 'The company' may put a limit on use or restriction for 'members' by grades and age pursuant to the 'Promotion of the Motion Pictures and Video Products Act' and 'Juvenile Protection Act', etc.
Article 6 (Changes in Member Information)
① 'Members' can read and amend their personal information anytime through 'My profile' in 'Services'. However, email account cannot be amended, and terminal ID No. (device ID or IMEI) and telephone numbers used for 'service' management only can be amended upon the procedures determined by 'the company' such as device change and re-authentication after changing telephone number.
② If any information entered when applying membership are changed, 'members' may amend it online or notify 'the company' of the changes through email, etc.
③ If any disadvantages occur since members do not notify the changes specified in Paragraph 2, 'the company' is not responsible for that.
Article 7 (Obligations to protect personal information)
Article 8 (Obligations on the management of member accounts)
① 'Members' are responsible for the management of the 'account' of 'members', and they shall not allow any third parties to use it.
② If there is any concern/event of leakage of information for certain 'account', then 'the company' may restrict usage of such 'account'.
③ If 'account' is hacked or 'members' acknowledge that any third parties use their account, then it shall be immediately notified to 'the company' and the 'members' shall follow the instructions of 'the company'.
④ In case of the Paragraph 3, if 'members' do not notify the 'the company' of the fact, or even though it is notified to 'the company', any disadvantages occur since the members do not follow the instructions of 'the company', then 'the company' is not responsible for that.
Article 9 (Notification to 'members')
① In case 'the company' notifies 'members', it may be notified to email address or electronic message in the services unless otherwise specified in these terms and conditions.
② In case of notification for all 'members', 'the company' can post it in the 'website' of 'the company' or 'Notice' on 'services' for more than seven days and it can replace the notification specified in Paragraph 1. However, any matters that significantly affect to the transaction of any members will be notified individually.
Article 10 (Obligations of the company)
① 'The company' do not conduct any action prohibitied by these terms and conditions or an offense against traditional custom, and makes best efforts to provide 'services' continuously and stably.
③ If 'the company' admits that any opinions or complaints from 'members' related to the 'services' are reasonable, then it shall address the issues. The process and result of addressing opinions or complaints raised by members shall be delivered to 'members' through bulletin board or email.
④ If any damages occurred to users due to wrongful presentation or advertisement specified in Article 3 of 「Act on Fair Labeling and Advertising」 for products or services, then 'the company' shall compensate this.
⑤ 'The company' does not send any advertisement email for profits if users do not want to receive them.
Article 11 (Member’s obligations)
① 'Members' are not allowed to do followings.
1. Registration of false information when applying or changing
2. Illegal use of others’ information
3. Changing information posted by 'the company'
4. Collecting personal information and account information of other 'members'
5. Any acts to use the services to transmit advertisement for profits without prior consent of 'the company'
6. Any acts to copy, disassemble or emulate the 'services' through reverse engineering, decompiling, disassembling and other processing activities
7. Any acts to interrupt normal 'services' of the company by creating heavy load on the server of 'the company' by using the 'services' in a different from normal usage method (e.g. Automatic connection program, etc.).
8. Any acts to grant access authority to any other third parties
9. Infringement of intellectual property rights of the third party including copyrights of actors, artists and influencer (hereinafter referred to as ‘ARTIST’) in 'the company' and services
10. Any acts to defame the reputation of 'the company' or any third party or interrupt businesses
11. Any acts to disclose or post obscene or violent messages, video, audio or other information that are offensive against public order and good morals
12. Any acts to use the 'services' for profits without consent of 'the company'
13. Any other illegal activities or wrongdoings
② 'Members' shall observe related laws, regulations of these terms and conditions, instruction for use and cautions notified in related to 'services', and notifications of 'the company', and shall not conduct any acts interrupting the business of 'the company'.
Article 12 (Provision of 'Service', etc.)
① The company currently provides following services to 'members'.
1. Messenger service (general chatting, open chatting and etc.)
2. Services (chatting with ARTIST, etc.) engaged with ARTIST (entertainers, artists, influencer, etc.)
3. Any other services additionally developed by 'the company', or provided to 'members' through affiliate agreements with other companies
② The company may request authentication through mobile phone, sign-up process in order to provide the 'services'.
③ The company may divide the 'services' by certain ranges, and designate available time by each range separately. Provided, however, the details are noticed in advance in such case.
④ 'The company' may temporarily suspend provision of 'services' if there is maintenance, replacement, breakdown or communication interruption, etc. of information and communication facilities like computers etc., or in case of other reasonable cause regarding the operation. In this case, 'the company' shall notify 'members' in the method specified in Article 9 [Notifications to members]. Provided, however, if there is any reason that 'the company' cannot notify it in advance, it may be notified later.
⑤ 'The company' may conduct regular checkup if necessary for the provision of the 'services', and such regular checkup hours shall be notified on the 'services' screen.
Article 13 (Change in 'Service')
① 'The company' may change or suspend the whole or part of 'services' provided for the operational and technical necessities, if there are significant reasons such as difficulties in providing 'services' and decrease of profitability due to decreased usage, deteriorated profitability, necessity for transformation to next generation 'service' because of technical advance, changes in company's policies in relation to provision of 'services'
② 'The company' may amend, suspend or change the whole or part of 'services' provided for free when it is necessary for the policies and operation of the company, and it does not compensate the 'members' separately unless otherwise there is any special rules in any relevant laws. This also applies to contents, etc. provided for free.
③ If any contents, use method and hours of 'services' have been changed or 'services' are suspended, The contents, reason and date of the 'services' to be amended or suspended will be notified for a certain period in a manner that 'members' can fully acknowledge such as 'website' of 'the company', 'Notification' screen in the 'services' or other official message, etc. before the change or suspension.
Article 14 (Provision of information and advertisement)
① 'The company' may post information related to the 'services' on the bubble for JYPnation services screen, official message and its homepage, etc.
② 'The company' may publish advertisement of the company or any third parties in these 'services'.
③ These services may include 'services' or 'contents' provided by other businesses affiliated with the company. The businesses providing these 'services' or 'contents' have responsibilities on the services or contents, and the Terms of Conditions of Use prepared by the businesses may be applied.
Article 15 (In-App payment and refund)
In-App payment and refund will follow the Terms of Conditions for Paid Services.
Article 16 (Copyrights of members’ 'posts')
① The copyrights of 'posts' posted by 'members' in the 'services' will be protected by the Copyright Act. Members' shall provide worldwide, permanent, non-exclusive and free licenses to 'the company' to use the 'posts' as follows. The scope of use and allowance of the licenses above is as follows.
1. Using, editing, saving, copying, revising, transferring, exhibiting, publicly demonstrating, publishing and distributing 'posts' by the company and subcontractors in order to operate, improve and enhance 'services', and develop new services
2. Creating and distributing edited works, secondary works of 'posts'
3. Providing it to report or broadcast the contents of the 'posts' to mass media or communication companies upon consent of the members for the purposes of promotion for the company or 'services'
4. The company uses 'posts' as search result in the 'services'
5. Using it for promotion materials such as IR
② Despite of the preceding Paragraph, if the company uses the posts of 'members' for commercial purposes (e.g. Providing posts to third parties and receiving monetary consideration) other than the purposes specified in the preceding Paragraph, then it has to obtain consent of the user in advance
③ 'Posts' in these 'services' may have editing function for various 'members' to transfer, revise or delete it. At this time, 'members' allow other 'members' to use and edit their 'posts'.
④ Even though 'members' terminate the agreement of use or the agreement is terminated by Article 19, the licenses shall survive within the range to operate, enhance, improve and promote 'services', and develop new services.
⑤ If 'the company' integrates services operated by the company based on 'service' operating policies, changing the location of posting 'posts' or sharing between services can be elected to provide services without of changing the contents of 'posts', and this shall be notified in advance.
Article 17 (Management for 'posts' of members)
① 'Posts' of 'members' shall not infringe rights such as the copyrights of the third party without prior consent. The company shall not be responsible for any infringement of copyrights and damages occurred to third parties due to this. If the 'posts' of members include any contents violating relevant laws including 'Act on Information and Communications Network' and 'Copyright Act', etc., Right holders may request to suspend posting of the 'posts' and delete it according to procedures specified in any relevant laws, and 'the company' shall take actions pursuant to any relevant laws.
② Detailed procedures according to this Article shall follow the 'Request to suspend posting service' prepared by 'the company' within the range specified in the 'Act on Information and Communications Network', 'Copyright Act', etc.
③ 'The company' may refuse or delete some 'posts' pursuant to relevant laws, if there are some factors to be acknowledged as infringement of rights or the posts violates any policies of the company and relevant laws, Even though there is no request of the right holders specified in preceding Paragraph for that, the company can take the actions. However, 'the company' has no obligation to review all the 'posts'.
1. In case the posts put an offense against public order and good morals, or laws. (e.g. Obscene or violent contents)
2. In case of damaging others’ reputation
3. In case the posts maliciously slander and defame the 'services' or 'stars' repeatedly
4. In case portrait rights and intellectual property rigts are infringed
Article 18 ('Services' Ownership of Rights)
① All rights such as copyrights and intellectual property rights for the 'services' belongs to 'the company'. However, the 'posts' of 'members' and creative works of the third party provided according to affiliate agreement will be excluded.
② All copyrights and other intellectual property rights for all trademarks, 'service' mark, logo, etc. related to the 'services' provided by 'the company' such as design of 'services' provided by 'the company', texts made be 'the company', script, graphic, transmission between 'members' shall be owned by 'the company' or 'the company' has ownership or use right pursuant to the laws in Korea and other foreign countries.
③ 'The company' is non-exclusive and not possible to grant and re-permit regarding the 'contents' provided by the company, and provides users right of use limited to purpose using this 'Service'. If customers use any contents with separate service condition, such as usage fees and usage period, the customers shall follow the Terms of Conditions of Use. Even though the services indicate ‘Purchase’, ‘Sales’ on the screen, Intellectual property right and other rights regarding these contents provided to customers are not transferred(yielding, etc.) to customers, and only use right is granted to the customers.
④ 'Members' cannot copy, transfer or distribute texts, script or graphic created by 'the company' between members or to non-members in the matter not allowed in the service except the contents clearly allowed to do so. This also applies to using, copying, transmitting or distributing information about 'members' obtained from the services for profits
Article 19 (Termination of membership, etc.)
① Termination by 'members'
1. 'Members' can terminate the agreement of use any time through settings screen in the 'services'.
2. The 'members' who have terminated the agreement, may sign up again as 'members' pursuant to the regulations specified by 'the company'.
② Termination by the company
1. 'The company' may terminate the agreement of use in case any of the following reasons occurred to 'members'.
A. In case members infringe any rights, honors, credits or legitimate profit of 'the company', other 'members' or third parties, or commit an offense against Korean laws or public order and good morals
B. In case members conduct any actions to promote distrust with any unconfirmed facts for 'goods, etc.' sold by 'the company'
C. In case members conduct actions or try to interrupt smooth operation of 'services' provided by the company
D. In case it is determined that refusal of providing 'services' is necessary based on reasonable judgment of 'the company'
2. The agreement of use will be terminated when 'the company' notifies the 'member' of the intention of termination. In this case, 'the company' notifies the intention of termination to the 'member' through email, telephone or other methods registered by the 'member'.
③ If the agreement of use is terminated/canceled, following information will be deleted, and not restored when signing up again.
1. My profile information: Phone number, profile picture, name, message and etc.
2. Account: bubble for JYPnation account (email address)
3. List of friends: Entire list of friends (blocked, hidden or added friends), recommended friends, etc.
4. Purchases: Purchased items/products, etc.
5. Gift box: Purchased gifts, received gifts
6. Message: Conversations, contents given to/received from friends
7. Contents related to Optional Service: Conversations, contents, etc. provided by the Optional Service.
8. All other information saved in devices by users
④ If the agreement of use is terminated for the responsibility of any party, the party in responsibility must compensate for the damage proved by the other party.
Article 20 (Restriction on use, etc.)
① If any 'members' do not use 'services' for more than one year, the company' shall separately store the information of the members and converts the accounts into inactive accounts to restrict use, or withdraw the users who do not use 'bubble for JYPnation account' pursuant to the Act on Promotion of Information and Communications Network Utilization
② 'The company' may restrict usage of 'service' by steps such as warning, temporary suspension and permanent suspension if 'members' fall under any of the following cases.
1. In case false information is registered when applying membership
2. In case a member undermines the order of electronic commerce by interrupting others to use the 'services' or illegally using information, etc.
3. In case a member uses 'the company' to conduct actions prohibited by these terms and conditions or commits an offense against public order and good morals
4. In case 'members' pay the amount less than normal price by fabricating payment information when purchasing 'paid service'
5. In case 'members' indiscriminately repeat purchases and refunds
③ Despite of the preceding paragraph, 'the company' may suspend accounts permanently if the company founds illegal use of other's name and payment information that violates Resident Registration Act, or illegal communication, hacking or distribution of malicious programs that violate the Copyright Act and the Act on Promotion of Information and Communications Network Utilization. If any accounts are permanently suspended according to this Paragraph, all kinds of benefits also disappear, and 'the company' will not compensate this separately.
④ If names used in the 'services' by 'members' cause an offense against public moral or traditional custom or it may be confused with 'the company' or any operator of 'the company', using such name may be restricted.
⑤ If using the 'services' are permanently suspended according to this Article, the registration of membership will be erased after retaining information necessary to identify members for certain retention period. In this case, 'members' will be notified according to Article 9, and given an opportunity to explain before erasing the registration of membership. At this time, if 'the company' accepts that such objections raised by the 'members' are reasonable, 'the company' shall resume the 'members' to use the 'services' again.
Article 21 (Limitation of Liability)
① If 'the company' cannot provide the 'services' due to any force majeure such as war, incident, emergency or any technical defect not soluble by current technology, it is exempted from liability.
② 'The company' disclaims any responsibilities on reliability and accuracy of information, material and fact posted in relation to the 'services'.
③ 'The company' is exempted from liability on the transactions between 'members' or between 'members' and any third parties through the 'services'.
④ 'The company' disclaims responsibility for the usage of free 'services' unless otherwise related laws specify special regulations.
⑤ 'The company' has no obligation to monitor the contents and quality of products or goods advertised through service screen or linked websites by third parties.
⑥ 'The company' and the officers and employees, and agents of 'the company' disclaims any responsibilities for the following damages.
1. Damages from false or inaccurate information about 'members'
2. Personal damage occurred from the connection to 'services' and usage of the 'services' regardless of the nature or details
3. Damages occurred from any kinds of illegal connection or usage of server by any third parties
4. Damages occurred from all kinds of illegal interruption or discontinuing activities by third parties against transmission to or from the server
5. Damages occurred from all kinds of viruses, spywares and other malicious programs illegally transmitted, distributed(regardless of whether it is direct/undirect) through the 'services' by third parties
6. Damages occurred from error, omission, missing or destruction of transferred data
7. Various civil/criminal liabilities incurred from defamation of character or other illegal activities between 'members' in the course of registering or using the 'services'
Article 22 (Overseas usage)
The company' does not guarantee the quality or availability of 'services' if any members try to use the 'services' out of the territory of Korea. Therefore, if any 'members' wish to use the 'services' out of the territory of Korea, they shall determine whether to use the services or not upon their judgment and responsibilities. In particular, the 'members' shall be responsible for observing local laws and regulations in the course of using the 'services'.
Article 23 (Governing Laws and Jurisdiction)
These terms and conditions are regulated and interpreted by Korean laws, and if any disputes regarding these 'services' occur between 'the company' and 'members' and it turns into lawsuit, the court designated in the procedure pursuant to related laws will take jurisdiction.
Terms and Conditions for Paid Services for bubble for JYPnation
Article 1 (Objective)
① These terms and conditions regulates rights, obligations, responsibilities and other necessary matters of Dear U Co., Ltd. (hereinafter, referred to as 'the company') and 'members' in relation to use of paid services (it refers to the services that requires fees and is designated by the company) under the services (hereinafter, 'services') provided by 'the company'
② These terms and conditions apply to the 'members' who are willing to use paid contents and services under the services.
③ These terms and conditions are incidental terms and conditions of the 'Terms of Conditions of Use', and any matters not defined in these terms and conditions follow the 'Terms of Conditions of Use'.
Article 2 (Application of terms and conditions)
These terms and conditions will be applied under separate consent procedure in such services when 'members' wish to use paid services under the services.
Article 3 (Definition)
① Definitions set forth in 'Terms of Conditions of Use' are used with the same meanings in these terms and conditions.
② Any definitions in these terms and conditions not specified in these terms and conditions follow any relevant laws and general commercial practice.
Article 4 (Posting paid service contents, etc.)
① 'The company' shall post following matters on initial screen of the paid service or separate connected screen with these terms and conditions in order for 'members' to know easily.
1. Name, type and contents of the paid service
2. Name, corporate name, address and telephone number of the paid service producer
② 'The company' shall provide conditions and procedures for exchange, return, warranty and refund of the fees of the paid service.
③ The company shall comply with recommended specification information in regards to minimum technical specification for devices needed for using the paid services.
Article 5 (Agreement of use, etc.)
The agreement of use is established when 'members' agree on these terms and conditions and request for using 'paid service' through the payment method and the payment means designated by the company. The company' shall provide usage methods of the paid services, usage fees and usage conditions in order for 'members' to easily and accurately understand the matters necessary for agreements and make transactions without mistakes.
Article 6 (Refusal and deferring of agreement of use)
① 'The company' may deny or hold off acceptance of a 'member'’s request for using 'paid service' in case any of the following reasons.
1. Using other’s name illegally or not using one’s real name
2. Entering false information or not filling out necessary information required by 'the company'
3. In case minors apply for paid services prohibited by Juvenile Protection Act
4. In case payment for the price or provided Optional Service is not actually made or the payment is likely not made
5. In case when any purchase is considered that it is done in purpose of hindering the 'Company''s service, causing technological error, illegal use, such as continuous purchase from same IP or similar account, etc.
6. In case any 'members' are violating or have a history of violating 'Terms of Conditions of Use' and other regulations such as infringement of copyrights in the 'services'
7. In case the company provides clearly unreasonable price or 'services' and it is expected that it will cause unexpected damages to the company if the services are provided
8. In case facilities for services are not sufficient, or there is any technical or operational issues
9. In case it is determined that it is not possible to approve due to other faults of 'members'
② The agreement of use is concluded when indicating completion of sign-up and purchase in the process of application.
③ If 'members' wish to use these paid services, they have to consent to these terms and conditions, and pay the usage fees according to the conditions designated by 'the company'.
Article 7 (Payment method)
① The payment method for using the paid services can be one of following methods. However, 'the company' shall not collect any additional fees for the payment method of 'members'.
1. Payment by App market
2. Other payment methods additionally designated by 'the company' (credit card, discount coupon, smart phone app, etc.)
② The accumulated payment and top up amount may be limited per 'member' upon the policies of 'the company' and the limitation of the payment service provider specified in Paragraph 1. If the limitation is exceeded, the paid service may not be used additionally.
Article 8 (Provision and suspension of paid services)
① 'The company' may temporarily suspend provision of paid services if there is maintenance, replacement, breakdown or communication interruption, etc. of information and communication facilities like computers etc., or in case of other reasonable cause regarding the operation. In this case, 'the company' notifies it to the 'members' in the method specified in Article 9 [Notification to 'members'] of the Terms of Conditions of Use. Provided, however, if there is any reason that 'the company' cannot notify it in advance, it may be notified later.
② 'The company' may conduct regular check-up if it is necessary for the provision of paid service. The regular check-up times are published on the screen of the paid service.
③ In case the paid services cannot be provided due to business item change, discontinued business or merge between companies, etc. The company shall notify 'members' in the way set forth in Terms of Conditions of Use Article 9 [Notification to 'members'], and 'the company' shall compensate 'members' according to reasonable conditions.
Article 9 (Changes in paid services)
① 'The company' may change the whole or part of paid services according to the operation and technical necessities if there is any significant reason. Provided, however, if the changed contents are important or unfavorable to the 'members', 'the company' will notify it to the 'members' who receive the paid service in the method specified in Article 9 [Notification to members] of the Terms of Conditions of Use.
② 'The company' provides prior services before the change to the 'members' who refuse to accept the changes in the services specified in the prior Paragraph. Provided, however, if it is not possible to provide such services, the provision of the services may be suspended or the agreement may be terminated. In such case, refund, etc. shall be processed according to Article 16 (Refund of cyber money, In-app payment and refund).
Article 10 (Obligations of 'the company')
① 'The company' does not take any actions prohibited by relevant laws and these terms and conditions, or commit an offense against traditional custom, and strives to make best efforts to provide the paid services continuously and stably under these terms and conditions.
② 'The company' shall establish a security system to protect personal information (including credit information) in order for 'members' to use the paid services safely, and publish and observe Privay Policy.
③ 'The company' shall address opinions or complaints raised by the 'members' regarding the use of paid services, if they are admitted to be reasonable. The process and result of addressing opinions or complaints raised by members shall be delivered to 'members'.
Article 11 (Obligations of 'members')
① 'Members' shall purchase services after accurately checking out the details of paid services provided by 'the company' or sellers and the conditions of transactions before using the paid services. Members' shall be responsible for any damages occurred due to negligence of checking out the details and conditions of the transaction.
② 'Members' shall observe these terms and conditions and the notifications published by 'the company' in relation to the paid services. If 'members' breach or not implement the terms and conditions and the notifications and any losses or damages occur, then the 'members' shall be responsible for that.
③ 'Members' shall use bubble tickets in the manner designated and accepted by 'the company'.
④ 'Members' shall not conduct following activities when using paid services.
1. Any acts to use the paid services or access to the system in an abnormal manner instead of the paid service usage method provided by 'the company'
2. Any acts to use the paid services provided by 'the company' through illegal use of others’ name, card information or account information
3. Any acts to obtain or use bubble tickets or any contents in an abnormal manner not designated by 'the company'
4. Any acts to change information posted by 'the company' without permission, or transmit or post information (computer program, etc.) not designated by 'the company'
5. Any acts to infringe intellectual property right such as copyrights of 'the company' and any third parties
6. Any acts to defame the reputation of 'the company' or any third party or interrupt businesses
7. Any acts to disclose or post obscene or violent messages, video, audio or other information in the paid services that are offensive against public order and good morals
8. Any acts to repeat purchasing process without actual intention of purchasing
9. Any other illegal activities or wrongdoings
Article 12 (Withdrawal of service subscription by 'members', termination and cancellation of agreement)
① 'Members' who are using the paid services provided by 'the company' under these terms and conditions can withdraw the subscription within seven days from the day of concluding the agreement of use, within three months from the day when the paid services are available if the concluded agreement of use is differently implemented, or within thirty days from the day when the members know or can know the facts. Provided, however, 'the company''s paid services include services not available for withdrawal of subscription under the Act on the Consumer Protection in Electronic Commerce, Etc. (hereinafter, 'Electronic Commerce Act') and Contents Industry Promotion Act. The company' takes one of following actions in order to restrict the right for withdrawal of subscription pursuant to the Act.
1. Including explaination about some paid services are not available for withdrawal of subscription
2. Providing a method to use temporarily or partially
② 'Members' may withdraw subscription for the following reasons.
1. In case 'the company' cannot complement or correct any defects of paid services, it may be withdrawn within one month from the day of supply
2. In case 'members' who use the paid services do not agree to the changes in these terms and conditions or Terms of Conditions of Uses, and they withdraw membership or terminate the Terms of Conditions for Paid Service
③ 'Withdrawal of subscription, etc.' will be effective when the 'members' express their intention of 'withdrawal of subscription, etc.' to 'the company' by the means of telephone or email according to Paragraph 1 and 2.
④ When 'the company' receives the intention of members for withdrawal of subscription according to Paragraph 4, it shall reply to the 'members' immediately.
⑤ 'Members' may request remedy of defect in using paid services for a certain period before expressing intention of withdrawal of subscription by the reasons specified in Paragraph 2 Subparagraph 1. If 'the company' determines that it is impossible to remedy the defects, then it shall be notified to the 'members' to continue the withdrawal of subscription process.
Article 13 (Effect of termination and cancellation of agreement by 'members')
① 'The company' shall refund the payment to the 'members' in the manner used for purchase within three business days from the day of replying 'members' expressing the intention of 'withdrawal of subscription, etc.'. If the refund is not available in the same manner, it shall be notified in advance. If the payment method (e.g. Refund to bank account, etc.) requires verification of receipt, then it shall be refunded within three business days from the verification of receipt.
② If 'the company' refunds according to Paragraph 1, it may refund the amount after deducting benefits that 'members' earned from the use of paid service.
③ When 'the company' refunds the amount, if members paid the price by credit card or electronic currency, then, the company immediately requests the service providers that provide the payment method to suspend or cancel the billing. Provided, however, it may not apply to the cases specified in the proviso clause of Paragraph 1 and Paragraph 2.
④ If 'the company' or a party that receives the price for the paid service, and the person or entity who enters into the agreement of use for paid services with 'members' are not same, each party shall be jointly responsible for implementing obligations in relation to refunds due to withdrawal of subscription, or termination or cancellation of agreement.
⑤ Paid services provided through event or promotion provided without any payments to 'members' shall not be subject to the refund.
Article 14 (Termination, cancellation and restriction of use by 'the company')
① 'The company' may terminate, cancel these terms and conditions or restrict the use of paid service for a certain period if 'members' do not implement the obligations of 'members' set forth in the Terms of Conditions of Use or these terms and conditions.
② The termination and cancellation set forth in Paragraph 1 shall be effective when such intention is expressed toward 'members' according to the notification method designated by 'the company'.
③ The 'members' may object against the termination, cancellation and restriction of use by 'the company' according to the procedure made by 'the company'. At this time, if 'the company' admits that the objection is reasonable, then 'the company' immediately allows the members to use the services.
Article 15 (Effect of termination or cancellation of agreement due to the fault of 'members')
① If the termination and cancellation of agreement by 'the company' is due to the fault of 'members', then, 'the company' can refund the paid service fees after deducting benefits that 'members' earned from the paid services and refund fees (greater amount from 10% or 1,000 Korean won).
② 'The company' shall refund the payment to the 'members' in the manner used for purchase within three business days from the day after expression of the intention of termination or cancellation of agreement. If the refund is not available in the same manner, it shall be notified in advance.
Article 16 (In-app payment and refund)
① Paid digital contents (emoticon, theme, game coupon, optional service, etc.) provided by 'the company' include 'In-App payment' function of 'open market business' according to the type of devices. Members' can purchase digital contents according to the payment policies of the 'open market business'.
② If any third parties make 'In-App payment' as 'members' do not use lock function such as password for devices and open market, and negligently disclose payment information, then 'the company' shall not be responsible for that. The company' shall apply module and library for 'In-App payment' to the services with authentication procedure provided by open market according to the suggestion of Korea Communications Commission, and 'Open Market Mobile Contents Payment Guideline'.
③ The refund is available according to the refund policies of each 'open market business' and by the types of operating system of the devices that use the 'services'.
④ Digital contents purchased by 'members' can be withdrawn (cancellation of purchase) without additional fees within seven days from the day of concluding agreement or the day available to use. If 'the company' receives legitimate requests for withdrawal of subscription or refund after cancellation of payment from 'members', it shall collect or delete the digital contents purchased by the 'members' and refunds the amount within three business days from the day of receiving documents required for the refund, and proceeds cancellation procedure including request for payment cancellation to 'open market business' pursuant to the relevant laws including Act on Consumer Protection in Electronic Commerce, etc. Provided, however, the withdrawal of subscription (cancellation of purchase) may be restricted in the following cases.
1. In case 'members' begin to use after purchases, or they are already applied to the 'services' and 'the company' cannot collect or delete the digital contents
2. In case 'members' cannot verify the 'In-App payment' in the payment details of open market, or 'the company' cannot refund since it violates the refund regulation of the open market
3. In case any members repeat refunds after purchases continuously, or request refunds in a batch without acceptable reason
4. 'In-App payment' made through presenting a gift function is not generally allowed for refund and withdrawal of subscription unless there is any defect, the refund due to defects in digital contents shall only be available to the 'members' who send the gifts.
Article 17 (Overpayment)
① If 'the company' receives payment excessively, the excessive amount shall be refunded in the manner used for purchase. If the refund is not available in the same manner, it shall be notified in advance.
② If any payment is excessive due to the fault of 'the company', 'the company' shall refund the excessive amount fully regardless of whether it is contract charge or fees. Provided, however, if the excessive amount is occurred due to the fault of 'members', then the 'members' shall pay the expenses required for 'the company' to refund the excessive amount within a reasonable range.
③ In case 'the company' refuses to refund the excessive amount claimed by 'members', it has responsibility to prove that the payment was properly charged.
④ 'The company' shall address the refund of excessive amount pursuant to any relevant laws.
Article 18 (Representation and denial of guarantee)
① 'The company' only operates, manages and provides a system for transaction in a paid service that mediates between 'members' and sellers (hereinafter referred to as 'brokerage paid service') and does not represent both 'members' and sellers. Moreover, 'members' and sellers shall be responsible for the transactions made between 'members' and sellers, and information provided by 'members' or sellers accordingly. Provided, however, if 'the company' directly sells to 'members', then 'the company' will be responsible for that.
② 'The company' shall not guarantee existence and nonexistence, and sincerity of intention for selling or purchasing, quality, completeness, safety or lawfulness of transaction object, non-intrusiveness to rights of others, or truth or legitimacy of information provided by 'members' or seller in relation to the transactions made between 'members' and sellers through the brokerage paid service.
Article 19 (Limitation of Liability)
① If 'the company' cannot provide paid services due to force majeure such as changes in relevant laws, natural disaster or similar incidents, the obligation to provide the paid services is exempted.
② 'The company' shall not be responsible for the discontinuance of paid service due to the fault of 'members'.
③ 'The company' disclaims any responsibilities on reliability and accuracy of information, material and fact posted in relation to the paid services.
Article 20 (Interpretation of terms and conditions)
Any matters not specified in these terms and conditions, and interpretation of these terms and conditions shall follow Act on Promotion of Information and Communications Network Utilization', 'Contents Industry Promotion Act', 'Act on Consumer Protection in Electronic Commerce, etc.', 'Act on the Regulation of Terms and Conditions', Instructions for Digital Contents User Protection' prepared by the Minister of Culture, Sports and Tourism, other relevant laws, Terms of Conditions of Use or commercial practices.
Article 21 (Governing Laws and Jurisdiction)
① Korean laws govern any matters related to these terms and conditions.
② Any lawsuits for disputes between 'the company' and 'members' shall be filed to the court under Civil Procedure Act.
Notification Date: Nov. 25, 2020
Enforcement Date: Nov. 25, 2020