Chapter 1 General
Article 1 (Purpose)
The purpose of these Terms and Conditions (hereinafter referred to as “Terms and Conditions”) is to stipulate all legal relations and other related matters between MEWPOT Corp. (hereinafter referred to as “Company”) and the User in the use of Paid Service related to the wired and wireless internet Work license services (including web, mobile web and app services) provided by the Company.
Article 2 (Definition of Terms)
1. The definitions of the terms used in these Terms and Conditions are as follows:
(1) “Membership” means that a person who wishes to use the free and Paid Service of MEWPOT (hereinafter referred to as the “Customer”) agrees to the MEWPOT Terms and Conditions and concludes the use contract with the Company. When registering for Membership, the Customer becomes a User of the MEWPOT Service.
(2) “Withdrawal of Membership” means that the Member willfully and permanently terminates or waives any legal relationship arising from the execution of the MEWPOT Terms and Conditions of Use or the MEWPOT Paid Terms and Conditions of Service.
(3) “Paid Service” means a service or subscription (product) of the Company that can only be used by the Member by paying a certain amount to the Company, or a service or subscription (product) that the Member will use in exchange for accepting the Terms and Conditions of the transaction or agreement with the Company or a third party. The details of the Paid Service are described in detail on the purchase page of the respective service or subscription (product) and on the payment page of the corresponding service or subscription (product).
(4) “User” means Member and "Non-Member" who use the service.
(5) “Member” means a person who agrees to the Terms and Conditions as a User who has subscribed to the homepage.
(6) "Work" means a creative work such as music, sound effects, fonts, and video templates provided on the homepage.
(7) "Membership" means a term subscription to obtain permission to use the Work.
(8) “Payment” means that the Member pays the Company a certain amount determined by the Company through various payment methods in order to use certain Paid Service.
(9) "License Letter" means a document issued by the Company, the owner of intellectual property rights or an agent of intellectual property rights, which stipulates the right to allow the non-exclusive use of Works that cannot be traded after publication.
(10) "Point" means cybermoney that is paid as a means of refund in exchange for consent, commitment, and other transactions carried out by the Company or a third party, such as the fulfillment of agreements, conditions, etc., and means of payment on wired and wireless internet that can receive a discount on the Paid Service of the MEWPOT at the time of payment.
(11) "Catnip" means the payment method that occurs upon subscription to a Membership, and which allows the purchase of permission to use the Work.
Article 3 (Effect and Modification of Terms and Conditions)
1. The Company may modify these Terms and Conditions to the extent that it does not violate the relevant laws and regulations. If the Company modifies the Terms and Conditions, it will notify the homepage 7 days before the effective date, specifying the effective date and the reason for the change. Provided that in the event of a change in the Terms and Conditions that are unfavorable to the User, the Company shall notify the User 30 days before the effective date by clearly indicating the revision to the customer, and will notify the User individually by e-mail address or text message. In the case of individual notification to the User, if the Company's individual notice is returned or the User is notified because the User did not write his/her contact or a changed contact information, the individual notice under the Terms and Conditions shall be considered to have given to the User.
2. In the event that the Member does not express his intention to refuse by the date of application/implementation of the modified Terms and Conditions when the Company gives notice or notice in paragraph 1 above, the Member shall be deemed to have agreed to the modification of the Terms and Conditions. If the Member does not explicitly express his intention to object to the modification of the Terms and Conditions, the Company shall be deemed to have agreed to the Terms and Conditions of change as of the date of application and effect. The Member who has expressed his intention to refuse the modification or change Terms and Conditions may choose to withdraw from the Membership.
3. The Company publishes these Terms and Conditions so that it can be viewed through the connection screen of the initial screen of the homepage.
4. In principle, these Terms and Conditions shall apply from the date on which the Member agrees to these Terms and Conditions until the withdrawal of the Membership, provided that some provisions of these Terms and Conditions may be effective even after the Member has withdrawn.
Chapter 2 Service Use Agreement
Article 4 (Membership)
1. The User applies for Membership by filling in the Member information in accordance with the registration form prescribed by the Company and indicating his intention to agree to these Terms and Conditions.
2. The Company may suspend or refuse to accept the application for Membership registration corresponding to each of the following items among the Users who have applied to join as a Member as described in paragraph 1 above, until the reasons for the Membership are resolved, and may terminate or restrict the use contract if any of the following reasons are found or applicable even after Membership registration.
(1) In the case that the applicant has previously lost his or her Membership under Article 6 (Withdrawal of Membership and Disqualification) paragraph 2 of these Terms and Conditions (except in the case where 3 years have elapsed since the loss of Membership pursuant to Article 6, paragraph 2, and the Company has separately obtained the consent to re-join the Member of the Company);
(2) In the case that there is a falsehood, omission, or misrepresentation in the registration;
(3) In the case that the applicant is under the age of 14 as of the date of application;
(4) In the case that the User steals another person's account when applying to use the service;
(5) In the case that the applicant has previously lost his or her Membership under these Terms and Conditions. (Except in the case of obtaining the consent to rejoin the Member of the Company separately);
(6) In the case that the Company is used to engage in acts contrary to the laws and regulations and the prohibitions of these Terms and Conditions, public order, or the spirit of the wind;
(7) In the case that it is judged that registering as a Member is significantly hindered by the technology of the Company;
(8) In the case that a third party's smart device, wired/wireless phone, or bank account is used or stolen without authorization and the "service" usage fee is paid;
(9) In the case of force majeure reasons such as natural disasters or national emergencies;
(10) In the case that the User repeatedly makes an appointment without intention to purchase for the purpose of using it contrary to the original purpose of the service or interfering with the business of the Company; or
(11) In the case that other Company deems it necessary in its reasonable judgment.
3. The time for the establishment of the Membership registration contract shall be the time when the approval of the Company reaches the User.
4. In the event that there is a change in the matters registered at the time of Membership, the User shall immediately notify the Company of the changes by means of modification of the Member information, etc. The Company shall not be liable for damages to the User caused by the delay in the change.
Article 5 (Member's obligations, Company's Actions in Case of Violation)
1. When using the Paid Service provided by the Company, the Member shall comply with the relevant laws, conditions, detailed instructions for use, instructions for the use of the Service and the notices issued on the Site, the matters notified to the Member in connection with the use of the Service, etc., and shall not engage in any act that defames the Company and others or interferes with the performance of the Service operation or other business.
2. The Member is responsible for managing the ID and password and shall not allow it to be used by anyone other than himself. The Member shall be responsible for the consequences of the use of the Paid Service by others in violation of the User's personal information. The Member shall not steal or fraudulently use personal information such as the name, ID, password, mobile phone number, account number, credit card number, etc. of others.
3. Members shall not use Paid Service for commercial purposes such as business activities or engage in activities prohibited by these Terms and Conditions, or engage in any use beyond the scope permitted, except as permitted by the Company in advance.
4. Members shall not engage in illegal acts or acts contrary to the good wind speed or other social order in the course of using the Paid Service.
5. The User may not transfer the Terms and Conditions or Conditions, in whole or in part, or in any other way the User's rights and responsibilities under the Terms and Conditions or Conditions without the written consent of the Company, and any such attempt shall be void. The Company may transfer the Company's rights under these Terms and Conditions to a third party.
6. The Member shall not use the information obtained through the use of the Paid Service for any purpose other than the use of the service without the prior consent of the company.
7. Members who do not enter truthful information in connection with the use of Paid Service shall not be legally protected and may be restricted from using the service.
Article 6 (Withdrawal of Membership and disqualification)
1. The User may request withdrawal from the Company at any time, and the Company shall immediately process the withdrawal of Membership.
2. The User shall not misuse the Service and software. In such cases, the Company may restrict or suspend the Membership and may claim damages. The following are examples of misuse and are not limited thereto.
(1) In the case that you have registered false contents at the time of application for registration
(2) In the case that several people use the same identity as one account without permission
(3) In the case that the Work is uploaded to a similar service as it is or is used illegally with slight modifications.
(4) In the case that the debts incurred by the User for the purchased Work are not paid on the due date.
(5) In the case that threatening the e-commerce order, such as interfering with the use of the service by others or stealing the information.
(6) In the case that the Company uses the Work to perform an act prohibited by laws and regulations or these Terms and Conditions or acts contrary to public and Western principles.
(7) In the case of continuous acts contrary to the use contract concluded between the Company and the User
(8) In the case that you download it with software, bots, scripts or tools such as automation and perform acts that overload the Site.
(9) In the case of the use of the software to create a database or dataset of any kind;
(10) In the case of accessing or attempting to access the Service or software by any means other than the interface provided or approved by the Company;
(11) In the case of circumventing the access or use restriction functions that you have set to prevent certain use of the service or software;
(12) In the case of sharing the Content or fonts provided by the Membership, or participating in acts that violate the intellectual property rights of others. "Intellectual Property Rights" means copyrights, moral rights, trademarks, trade dress, patents, trade secrets, unfair competition, privacy rights, disclosure rights, and other property rights.
(13) In the case of sharing any Content that is unlawful, harmful, threatening, obscene, violent, abusive, unlawful, defamatory, vulgar, obscene, insulting, infringing on the privacy of others, hateful, or objectionable;
(14) In the case of sexually commoditizing minors or sharing content intended to encourage inappropriate interaction with minors, other MEWPOT Users, or the public;
(15) In the case of impersonating or misrepresenting any person or entity or impersonating the relationship between the User and another person or business entity
(16) In the case of attempt to incapacitate, damage or destroy the Service or software;
(17) In the case of upload, transmit, store, or provide any content, font, or code that contains viruses, malware, malware, or components designed to harm or limit the functionality of the Service or software;
(18) In the case of interfering with, or prohibiting other users from using the Services or software (e.g., stalking, threatening, abusing or encouraging violence or self-harm);
(19) In the case of acts relating to chain letters, junk mail, pyramid schemes, phishing, spam, fraudulent activities or other unsolicited messages;
(20) In the case of acts of advertising products or services on the service except as previously approved in writing by the Company
(21) In the case of the use of any data mining or similar data collection and extraction methods in connection with the Service or the software, including scraping data for machine learning or other purposes;
(22) In the case of artificially manipulating or interfering with the service or software (e.g., directing the User to a third party's site);
3. After the Company restricts or suspends the Membership, if the same act is repeated more than 2 times or the reason is not corrected within 30 days, the Company may lose the Membership.
4. The Company shall expunge the Membership registration in the event of a loss of Membership. In this case, the Member shall be notified by e-mail or text message, and shall be given the opportunity to make a call for a period of at least 30 days before the expungement of the Membership registration.
5. Any act that the Member deems to be sanctioned or interfere with the use of the Site is strictly prohibited, and in the event of such an act, the "Member's" access to the Site may be interrupted without notice.
Chapter 3 Use of Service
Article 7 (Payment Methods and Use of Points)
1. MEWPOT Point can be earned through events provided by the Company and expire after the expiration date. Points have the same value as the currency of the country in which the User is in use. MEWPOT Point can be used to receive discounts when paying for Paid Service.
2. The Company may limit the use of points according to the purpose for which they are provided.
3. The Company may set transaction limits such as cumulative monthly payment amounts, payment limits, etc. per Member in accordance with changes in internal policies, external payment providers (card companies, etc.), and other relevant laws and regulations for the transaction amount of Members who use Paid Service, and if a Member wishes to use a Paid Service in a range that exceeds the transaction limit set by the Company, additional use of the Paid Service may not be possible due to the excess of the transaction limit.
4. In the event of a situation in paragraph 2, the Company will instruct the Member to check whether the payment is available in the relevant payment window at the time of payment.
5. In the event that the balance of points remains at the time of withdrawal of Membership and at the time of termination/cancellation of the contract, all such points will be forfeited, and the Company shall not bear any responsibility for the recovery of such points.
Article 8 (Use of Paid Service)
1. Members who do not enter truthful information in connection with the use of the Paid Service shall not be legally protected and may be restricted from using the service.
2. In the event that a minor Member under the Civil Code wishes to use a Paid Service or Membership, the consent of the legal representative (parent) or the legal representative may cancel the contract if the consent of the legal representative (parent) is not obtained or the stamp after the execution of the contract. The consent of the minor himself or herself may cancel the contract. The consent of the legal representative must be obtained when providing information for the use of the service by a child under the age of 14.
3. In order to use harmful media for young people, a Member must be at least 19 years of age (but not limited to those who have reached the age of 19 on January 1st of the year), and must be certified as an adult through the means of certification in accordance with the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and the provisions of the Youth Protection Act. If the User is not certified, the use of the service is restricted.
Article 9 (Permission to Use of Work)
1. The Company sells a non-exclusive license of the Work through the Service as the copyright owner and the proxy for the exercise of the copyright, and the User may use the Work in accordance with the license by purchasing it.
2. The license may vary from one Work to another, and even if the license to sell for the service is changed, the effect of the license purchased before the change will be fixed at the time of purchase.
3. Even if the User withdraws from Membership and is not subject to these Terms and Conditions, the effect of the authorization issued at the time of purchase shall apply separately.
4. The Company may change the license being sold without the consent of the User, provided that the permission provided through the Membership service is not subject to this paragraph.
5. Free Work licenses purchased without payment shall also be subject to this Article.
6. Whether a contract has been concluded between the Company and the individual, organization, or legal entity (Right Holder, etc.) that holds the rights to the Work, the contents of the individual contract, the use of the Work may be restricted at the post request of the Right Holder, etc., or the contents of the service area, the file attributes of the Work, etc. may be inadvertently changed before or after the fact. If the Company has a request from the Right Holder, etc., the type of device supported by the contents of the license at the request, the Company can change the number of available devices for each Member.
7. In the event that the contents of the license already issued for the reasons of paragraph 6 are changed, the terms and conditions of the license may be changed after notifying the facts and contents in accordance with the method prescribed by Article 3 (Effect/Change of Terms and Conditions).
8. A Work that is displayed externally free of charge is not a Work owned and responsible by the Company, and the Company does not issue a license for the Work. The Company shall not be liable for the use of the Work.
Article 10 (Subscription and Use of Membership Service)
1. After the Member agrees to these Terms and Conditions, the subscription is initiated by subscribing to the Membership Service and the Company agrees to the contents of the application.
2. The Company shall in principle approve the use of the Membership Service in accordance with the order of receipt for the Member who has applied for. Provided that if there is a technical hindrance or performance of the business for the following reasons, the approval of the Membership subscription may be withheld for a certain period of time.
(1) In the case that the applicant has previously lost his or her Membership under these Terms and Conditions;
(2) In the case that the application is made using the personal information of a third party;
(3) In the case that the applicant provides false information or does not provide the contents that the Company has requested as a matter of necessity;
(4) In the case that the applicant tries to use the service for fraudulent purposes;
(5) In the case that the application is not possible due to reasons attributable to the User or in violation of all other stipulated matters;
(6) In the case that it is judged to be a Member who is not suitable for the policy of the Company or when it is difficult to provide the service;
(7) In the case that the purpose of use of the Member or the method of using the service infringes on or is likely to infringe on the property rights or goodwill of the Company;
(8) In the case of generating IDs in large quantities in an unusual way;
(9) In the case that the Member entering into the contract is a minor who has not obtained the consent of the legal representative; or
(10) In the event of committing an illegal act that violates other current laws and regulations.
3. The Membership subscription will be paid in the following form depending on whether the Membership subscription is automatically paid.
(1) Subscription: A subscription that is automatically paid for by the Member on a fixed period of time through the payment method registered by the Member and the subscription period is automatically renewed.
(2) Expired Membership: A subscription right that terminates the use of the Paid Service (permission to use the Work) when the period of availability expires.
4. The Company may, in its sole discretion, provide free Memberships, offers, or Memberships for a trial access purpose. If access to the Services or software is provided free of charge or for trial purposes, such access shall be subject to these Terms and Conditions. At any time prior to or during the free or trial period, the Company may, in its sole discretion, terminate free or trial access without liability to the Member without prior notice to the extent permitted by applicable law for any reason, including for the purpose of preventing abuse of free or trial access. Free or after the expiration of the trial access period, the Member may continue to use the Service or software only by registering for a paid subscription, if possible, or as otherwise permitted by the Company. During the free or trial period, the Services and software are provided "as is", including all faults, and no technical or other support is included.
5. The detailed conditions such as the type of Membership, the payment method, the quantity that can be downloaded and the attributes of the Work file provided, the period of availability, the device and the number thereof shall be posted and announced on the individual Membership purchase page, payment page, license page, etc.
6. In order to subscribe to a Membership, you must register for the source to be used (hereinafter referred to as “Platform Registration”). The platform registration can be changed during the subscription period, and the source information provided will be stored in the purchase history of the individual Work license.
7. In the event that a Member who is using a Membership withdraws, the Membership subscription will be terminated immediately.
Article 11 (Change of Membership Service Reservation, Immediate Change, etc.)
1. Only for some subscription-type Memberships notified and determined in advance by the Company, after notifying the Company of the facts and contents in accordance with the method prescribed by Article 3 (Effect and Modification of Terms and Conditions), the reservation may be changed (hereinafter referred to as the "Reservation Change").
2. In the event of a change in the reservation of a subscription-type Membership, the existing purchased/subscribed Membership may be used until the expiration of the subscription period of the month in which the Member requested the change, and the change will be applied to the Membership reserved to be changed from the day following the expiration of the use period.
3. In the event that there is a change to the Membership, the Company shall notify the User who subscribes to the Membership in advance of the fact, content, and date of the change in accordance with the method prescribed by Article 3 (Effect and Modification of Terms and Conditions), provided that the existing provision is not changed, and the Company may not notify the User who intends to provide additional benefits.
Article 12 (Permission to Use the Work through the Membership Service)
1. In the event that the User subscribes to the Membership service, the User will be provided with a pre-notified quantity of the Catnip and may consume the Catnip to obtain a license for the Work that the Company has designated to be issued in accordance with the Membership.
2. A Membership marked as "providing an unlimited number of Works within a certain period of time" may obtain a license for the Work designated by the Company to be issued in accordance with the Membership without consuming the Catnip.
3. The license issued through paragraphs 1 and 2 above shall become effective only for as long as the subscription is maintained, and if the subscription is terminated, the license will expire, and the Work will not be available.
4. The Catnip will expire as soon as the Membership subscription is terminated and will not be available.
Article 13 (Audit of Users Who Violate the License)
1. In the event that the User is a business entity, the Company may, after 7 days' prior notice to the User, appoint our employees or an independent third party auditor who has a duty of confidentiality up to once every 12 months to inspect the User's records, systems and facilities to ensure that the installation and use of all services or software comply with the valid license provided by the Company (including manual investigation, electronic methods, or both). In addition, the User may request that the Company verify that the installation and use of all services and software are in conformity with the effective license of the User. Provide all requested records and information within 30 days. If research determines that there is a shortage of licenses for the Service or software, you must immediately obtain the necessary licenses, subscriptions, and applicable retroactive maintenance and support. If the unpaid fee exceeds 5% of the license fee payable, the User shall also pay a reasonable fee used by the Company to verify.
2. The video may be deemed to be a potential violation of the license and the use of the Work may be immediately suspended in the following cases:
(1) In the case that it is found that a video that is not registered on the platform on the online video content platform;
(2) In the case that the use of the Work is suspected after the expiration of the Membership period;
(3) In the case that the use of the Work is suspected beyond the scope of the license; or
(4) When it is suspected that it is a case prohibited by other Terms and Conditions;
3. In the event that the use of the Work is discontinued under the conditions of paragraph 2, if the Company calls the User to use the Work justifiably, the Company shall apply to the online video platform for the withdrawal of the suspension of the use of the Work within 7 business days.
4. In the event that the User has not registered the platform but has actually obtained the permission to use it, the Company shall not be liable for the damages caused by paragraph 2 (Suspension of Use of the Work).
5. The use of the Work may be stopped immediately as a condition of paragraph 2, but if the User's damage is expected to occur, the Company may stop using the Work after 5 days' prior notice. The Company shall not be liable for damages caused by the suspension of the use of the Work due to the non-response after receiving the notice.
6. In order to prevent further violations in the event that the User is determined to be a potential violation of the use by paragraph 2, the Company may temporarily suspend the User's account from being used. If it is found that it is not a violation through the call, the Company shall release the account suspension within 3 business days.
7. In the event that the User desires to suspend the use of a Work that violates the license and lift the suspension of your account, you may charge a fee that is larger than the license fee sold by the Company's existing service.
Chapter 4 Withdrawal, Termination, and Suspension of Subscription of Paid Service
Article 14 (Withdrawal of Subscription and Cancellation or Termination of Service Use Agreement)
1. The User may request the Company to cancel the payment (withdrawal of subscription) within 7 days from the date of payment only if the Work license or Membership has not been used at all.
2. Withdrawal of subscription is restricted if a paid Member applies for withdrawal of subscription after the period of withdrawal of subscription (within 7 days from the date of payment) for a Paid Service or Membership for which the subscription can be withdrawn in paragraph 1, or in the case of content that falls under the reasons for the withdrawal of subscription as set forth in the Act on the Consumer Protection in Electronic Commerce, the Content Industry Promotion Act, the Content User Protection Directive, etc., and other relevant laws and regulations. The following are examples of cases in which withdrawal of subscription is not possible, but are not limited thereto.
(1) When a Member who subscribes to a Membership purchases a music license and downloads the music; or
(2) When you purchase a sound effect license and download the sound effects.
3. The Company provides the following matters to prevent the purchase of errors by the Member.
(1) To provide preview and preview of the Work on a temporary or partial basis for the content in question;
(2) Title of Paid Service/Membership name or music content; or
(3) Price, automatic payment status, trading conditions.
4. The withdrawal of the subscription shall take effect when the Member reaches the Company by indicating his intention to the Company by e-mail, inquiry to the Customer Center messenger, etc., and the Company shall reply to the Member without delay after receiving the Member's Notice.
5. In principle, if there is a refund amount after the Member confirms the application for withdrawal of subscription, termination/cancellation of the subscription, in principle, within 7 business days from the date of receipt of the Member's corresponding notice, the Company shall request the payment method to suspend or cancel the payment to the business operator of each payment method, and refund the payment to the same payment method paid by the Member. Provided that if the Company has notified the Member in advance and the refund method for each individual payment method as in each of the following cases, the way or period for the refund may vary:
(1) In the case of payment methods that require storage confirmation, such as credit cards, within 7 business days from the date of confirmation of storage;
(2) In the case of a refund that has passed the applicable deadline when the business operator of each payment method has predetermined in advance the suspension of billing or the time limit for the cancellation of payment through an agreement with the Company;
(3) In the case that the Member has a profit obtained as a result of the use of the Paid Service/Membership, or in the event of a mid-term termination;
(4) In the case that the Member does not immediately provide the Company with the information or materials necessary for the refund processing (if the Member does not provide a copy of the applicant's account and ID when making a cash refund, or if the Member provides an account in the name of another person, etc.); or
(5) In the case that there is an explicit indication of the Member's intention.
6. The Company may refund the contents in accordance with the Guidelines for the Protection of Content Users by deducting the ancillary expenses and fees incurred or incurred by the Company.
7. Since the download history of the Member's Work disappears when the Member withdraws, the company may refuse the application to withdraw the subscription if the User fails to prove that the use of the Work has not been made after withdrawal.
8. In the event that the Member violates the Member's obligations stipulated in these Terms and Conditions, the Member may take measures such as cancelling or terminating the contract, restricting the use of the service, or claiming damages.
9. Since the Membership subscription may be automatically terminated on the day of the delinquency if the fee is in arrears while using the subscription type Membership in accordance with the Member's application or consent, the Member who wishes to maintain the benefits of the subscription form shall take measures in advance to avoid arrears of the usage fee or delinquency of the payment method.
Article 15 (Overcharge)
1. In the event that an overcharge due to a reason attributable to the Company, the full amount of the overcharge shall be refunded. Provided that in the event that the overcharge is caused by the reason attributable to the Member, the expenses incurred by the Company to refund the overcharge shall be borne by the User within a reasonable scope, and the Company may refund the overcharge after deducting the relevant cost.
(1) In the case that the Company or the Member does not know the occurrence of the penalty, the other party shall be notified according to the method proposed by the Company, such as telephone, e-mail, etc.
(2) The Company requests the information required for the refund from the Member (Member name, payment documents, telephone number, refund request account, etc.).
(3) The Member provides the Company with the information in paragraph (2) required for the refund.
(4) The Company processes the refund within 7 days from the date of providing the User's information (If there is an explicit indication of the Member's intention, it will be provided as a set-off or points from the next fee).
Article 16 (Suspension of Paid Service)
1. In principle, the Company provides Paid Service 24 hours a day, seven days a week.
2. The Company may restrict, suspend or suspend the provision of all or part of the Paid Service during the inspection and maintenance of facilities for the purpose of improving the service to the User. In this case, the Company may, as far as possible, notify the Member in advance of the reason for the discontinuation and the period of suspension through the method of Article 3 (Effect and Modification of Terms and Conditions) of these Terms and Conditions, and in the unavoidable cases of each of the following subparagraphs, the Company may notify the Member immediately after the fact that the circumstances and causes are identified.
(1) When it is difficult to provide technically normal services due to illegal or criminal acts of Members or other unspecified third parties;
(2) When the normal provision of Paid Service is not possible due to a failure of the system or other service facilities, a failure of the wired and wireless network, or a flood of the use of the Paid Service;
(3) In the event of force majeure reasons beyond the Company's control, such as other natural disasters, national emergencies, power outages, etc.;
(4) The Company may modify, suspend or change some or all of the services provided free of charge for reasons that are critical to the Company's policies and operations, and shall not make any compensation for this unless otherwise provided for in the relevant laws and regulations; or
(5) Obligations of the contracting party, compensation for damages, etc.
3. For damages suffered by Members due to reasons attributable to the Company, the Company shall be indemnified as follows.
(1) In the case that the service is stopped or disabled for more than 4 consecutive hours a day (cumulative time) without prior notice, the subscription period shall be extended by a period equal to 3 times the service suspension failure time for the Member User only;
(2) In the case that the Company notifies the service suspension failure in advance due to reasons such as server inspection, but the service interruption failure time exceeds 10 hours, the Membership period shall be extended free of charge for the excess time or compensated with points available in the service; and
(3) In the case of a Paid Service that cannot be extended the use time, the Company shall compensate for the failure to stop the service by means of equivalent Paid Service and points.
Article 17 (Modification and Prohibition of Reverse Engineering)
1. Except as expressly permitted in these Terms and Conditions, the User shall not modify, copy, modify, or translate any part of this service or software, or discover reverse engineering (including monitoring or tracking inputs and outputs flowing through the system or application) or any other part of the Service or Software. In accordance with the User’s jurisdiction laws, if the User have the right to decompile the software to obtain the information necessary to interoperate with other software, the User shall first request this information from the Company. The Company may, at its discretion, grant reasonable conditions, such as the reasonable cost of de-compiling of services or software, to provide such information to the User or to protect the property rights of the Company and its suppliers for services and software.
Chapter 5 Miscellaneous
Article 18 (Survival)
1. In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions of the Terms and Conditions will continue to be in full force and effect.
2. The Company's failure to enforce or enforce any provision of the Terms and Conditions does not constitute a waiver of that provision.
Article 19 (Damages)
1. The Company shall compensate the Member who has damaged, damaged, or deleted the content of the Paid Service provided by the Company due to a defect in the service, thereby restoring the content or providing points to the Member who has suffered damage to the use of the service. In the event of damage to the Member, the Company shall only compensate the Member for the actual damage caused to the Member. Provided that the Company shall not be liable for any damages caused to the Member without the Company's intention or negligence. In the event that the damage occurs to the Member using the Paid Service due to reasons attributable to the Company not specified in these Terms and Conditions, in connection with the Company's liability for compensation, the Company shall indemnify the relevant provisions of the “Content User Protection Guidelines” and other correlated examples.
2. In the event that the use of the Service is restricted or the use contract is terminated based on the respective provisions related to the restriction of use of these Terms and Conditions, the right to use all digital content held by the Customer shall be forfeited and the Company shall not be obliged to return the purchase price of the digital content.
3. In the event that the damage is caused to the Company by the Member due to the Member's violation of the obligations under these Terms and Conditions, or if the Member causes damage to the Company in the use of the Paid Service, the Member shall compensate the Company for the damage.
Article 20 (Indemnification)
1. The Company shall not be liable for damages caused to Members or third parties due to the following reasons:
(1) In the case that the Paid Service cannot be provided due to natural disasters or similar force majeure;
(2) In the case that the Member neglects to manage his or her ID or password, etc.;
(3) In the case that the service is not available due to a failure of the public communication line other than the management area of the company; or
(4) In the case of a failure such as a communication service that is not attributable to other companies.
2. The Company shall not be liable for any damage caused by the Member's failure to obtain or lose the profit expected by the use of the Paid Service, the selection of catering or the use of the posts posted on the service, etc. In addition, the Company shall not be liable for the contents of the posts posted on the site, such as the reviews, ratings, etc. posted by the Member on the site.
3. The Company shall not be obliged to intervene in disputes arising out of or in connection with the Paid Service between the Members or between the Member and the third party, and shall not be liable for compensation for damages caused thereby unless there is a reason for attribution to the Company.
Article 21 (Resolution of Disputes)
1. In the event of a dispute between the Company and the Member in connection with the use of the Paid Service, the Company and the Member shall negotiate in good faith to resolve the dispute, and if there is no consultation, the Company and the Member may apply for dispute settlement to the Content Dispute Mediation Committee under the Content Industry Promotion Act.
2. In the event that the dispute is not resolved in accordance with the preceding paragraph, both parties may file a lawsuit, and the jurisdiction of the complaint between the Company and the Member shall be the address of the User at the time of the complaint, and in the absence of an address, the exclusive jurisdiction of the district court having jurisdiction over the place of residence.
3. In the event that the address or residence of the Member is not clear at the time of the complaint, a court of competent jurisdiction shall be established in accordance with the Civil Procedure Law.
after_terms_use: |
Chapter 1 General
Article 1 (Purpose)
The purpose of these Terms and Conditions (hereinafter referred to as “Terms and Conditions”) is to stipulate all legal relations and other related matters between MEWPOT Corp. (hereinafter referred to as “Company”) and the User in the use of Paid Service related to the wired and wireless internet Work license services (including web, mobile web and app services) provided by the Company.
Article 2 (Definition of Terms)
1. The definitions of the terms used in these Terms and Conditions are as follows:
(1) “Membership” means that a person who wishes to use the free and Paid Service of MEWPOT (hereinafter referred to as the “Customer”) agrees to the MEWPOT Terms and Conditions and concludes the use contract with the Company. When registering for Membership, the Customer becomes a User of the MEWPOT Service.
(2) “Withdrawal of Membership” means that the Member willfully and permanently terminates or waives any legal relationship arising from the execution of the MEWPOT Terms and Conditions of Use or the MEWPOT Paid Terms and Conditions of Service.
(3) “Paid Service” means a service or subscription (product) of the Company that can only be used by the Member by paying a certain amount to the Company, or a service or subscription (product) that the Member will use in exchange for accepting the Terms and Conditions of the transaction or agreement with the Company or a third party. The details of the Paid Service are described in detail on the purchase page of the respective service or subscription (product) and on the payment page of the corresponding service or subscription (product).
(4) “User” means Member and "Non-Member" who use the service.
(5) “Member” means a person who agrees to the Terms and Conditions as a User who has subscribed to the homepage.
(6) "Work" means a creative work such as music, sound effects, fonts, and video templates provided on the homepage.
(7) "Membership" means a term subscription to obtain permission to use the Work.
(8) “Payment” means that the Member pays the Company a certain amount determined by the Company through various payment methods in order to use certain Paid Service.
(9) "License Letter" means a document issued by the Company, the owner of intellectual property rights or an agent of intellectual property rights, which stipulates the right to allow the non-exclusive use of Works that cannot be traded after publication.
(10) "Point" means cybermoney that is paid as a means of refund in exchange for consent, commitment, and other transactions carried out by the Company or a third party, such as the fulfillment of agreements, conditions, etc., and means of payment on wired and wireless internet that can receive a discount on the Paid Service of the MEWPOT at the time of payment.
(11) "Catnip" means the payment method that occurs upon subscription to a Membership, and which allows the purchase of permission to use the Work.
Article 3 (Effect and Modification of Terms and Conditions)
1. The Company may modify these Terms and Conditions to the extent that it does not violate the relevant laws and regulations. If the Company modifies the Terms and Conditions, it will notify the homepage 7 days before the effective date, specifying the effective date and the reason for the change. Provided that in the event of a change in the Terms and Conditions that are unfavorable to the User, the Company shall notify the User 30 days before the effective date by clearly indicating the revision to the customer, and will notify the User individually by e-mail address or text message. In the case of individual notification to the User, if the Company's individual notice is returned or the User is notified because the User did not write his/her contact or a changed contact information, the individual notice under the Terms and Conditions shall be considered to have given to the User.
2. In the event that the Member does not express his intention to refuse by the date of application/implementation of the modified Terms and Conditions when the Company gives notice or notice in paragraph 1 above, the Member shall be deemed to have agreed to the modification of the Terms and Conditions. If the Member does not explicitly express his intention to object to the modification of the Terms and Conditions, the Company shall be deemed to have agreed to the Terms and Conditions of change as of the date of application and effect. The Member who has expressed his intention to refuse the modification or change Terms and Conditions may choose to withdraw from the Membership.
3. The Company publishes these Terms and Conditions so that it can be viewed through the connection screen of the initial screen of the homepage.
4. In principle, these Terms and Conditions shall apply from the date on which the Member agrees to these Terms and Conditions until the withdrawal of the Membership, provided that some provisions of these Terms and Conditions may be effective even after the Member has withdrawn.
Chapter 2 Service Use Agreement
Article 4 (Membership)
1. The User applies for Membership by filling in the Member information in accordance with the registration form prescribed by the Company and indicating his intention to agree to these Terms and Conditions.
2. The Company may suspend or refuse to accept the application for Membership registration corresponding to each of the following items among the Users who have applied to join as a Member as described in paragraph 1 above, until the reasons for the Membership are resolved, and may terminate or restrict the use contract if any of the following reasons are found or applicable even after Membership registration.
(1) In the case that the applicant has previously lost his or her Membership under Article 6 (Withdrawal of Membership and Disqualification) paragraph 2 of these Terms and Conditions (except in the case where 3 years have elapsed since the loss of Membership pursuant to Article 6, paragraph 2, and the Company has separately obtained the consent to re-join the Member of the Company);
(2) In the case that there is a falsehood, omission, or misrepresentation in the registration;
(3) In the case that the applicant is under the age of 14 as of the date of application;
(4) In the case that the User steals another person's account when applying to use the service;
(5) In the case that the applicant has previously lost his or her Membership under these Terms and Conditions. (Except in the case of obtaining the consent to rejoin the Member of the Company separately);
(6) In the case that the Company is used to engage in acts contrary to the laws and regulations and the prohibitions of these Terms and Conditions, public order, or the spirit of the wind;
(7) In the case that it is judged that registering as a Member is significantly hindered by the technology of the Company;
(8) In the case that a third party's smart device, wired/wireless phone, or bank account is used or stolen without authorization and the "service" usage fee is paid;
(9) In the case of force majeure reasons such as natural disasters or national emergencies;
(10) In the case that the User repeatedly makes an appointment without intention to purchase for the purpose of using it contrary to the original purpose of the service or interfering with the business of the Company; or
(11) In the case that other Company deems it necessary in its reasonable judgment.
3. The time for the establishment of the Membership registration contract shall be the time when the approval of the Company reaches the User.
4. In the event that there is a change in the matters registered at the time of Membership, the User shall immediately notify the Company of the changes by means of modification of the Member information, etc. The Company shall not be liable for damages to the User caused by the delay in the change.
Article 5 (Member's obligations, Company's Actions in Case of Violation)
1. When using the Paid Service provided by the Company, the Member shall comply with the relevant laws, conditions, detailed instructions for use, instructions for the use of the Service and the notices issued on the Site, the matters notified to the Member in connection with the use of the Service, etc., and shall not engage in any act that defames the Company and others or interferes with the performance of the Service operation or other business.
2. The Member is responsible for managing the ID and password and shall not allow it to be used by anyone other than himself. The Member shall be responsible for the consequences of the use of the Paid Service by others in violation of the User's personal information. The Member shall not steal or fraudulently use personal information such as the name, ID, password, mobile phone number, account number, credit card number, etc. of others.
3. Members shall not use Paid Service for commercial purposes such as business activities or engage in activities prohibited by these Terms and Conditions, or engage in any use beyond the scope permitted, except as permitted by the Company in advance.
4. Members shall not engage in illegal acts or acts contrary to the good wind speed or other social order in the course of using the Paid Service.
5. The User may not transfer the Terms and Conditions or Conditions, in whole or in part, or in any other way the User's rights and responsibilities under the Terms and Conditions or Conditions without the written consent of the Company, and any such attempt shall be void. The Company may transfer the Company's rights under these Terms and Conditions to a third party.
6. The Member shall not use the information obtained through the use of the Paid Service for any purpose other than the use of the service without the prior consent of the company.
7. Members who do not enter truthful information in connection with the use of Paid Service shall not be legally protected and may be restricted from using the service.
Article 6 (Withdrawal of Membership and disqualification)
1. The User may request withdrawal from the Company at any time, and the Company shall immediately process the withdrawal of Membership.
2. The User shall not misuse the Service and software. In such cases, the Company may restrict or suspend the Membership and may claim damages. The following are examples of misuse and are not limited thereto.
(1) In the case that you have registered false contents at the time of application for registration
(2) In the case that several people use the same identity as one account without permission
(3) In the case that the Work is uploaded to a similar service as it is or is used illegally with slight modifications.
(4) In the case that the debts incurred by the User for the purchased Work are not paid on the due date.
(5) In the case that threatening the e-commerce order, such as interfering with the use of the service by others or stealing the information.
(6) In the case that the Company uses the Work to perform an act prohibited by laws and regulations or these Terms and Conditions or acts contrary to public and Western principles.
(7) In the case of continuous acts contrary to the use contract concluded between the Company and the User
(8) In the case that you download it with software, bots, scripts or tools such as automation and perform acts that overload the Site.
(9) In the case of the use of the software to create a database or dataset of any kind;
(10) In the case of accessing or attempting to access the Service or software by any means other than the interface provided or approved by the Company;
(11) In the case of circumventing the access or use restriction functions that you have set to prevent certain use of the service or software;
(12) In the case of sharing the Content or fonts provided by the Membership, or participating in acts that violate the intellectual property rights of others. "Intellectual Property Rights" means copyrights, moral rights, trademarks, trade dress, patents, trade secrets, unfair competition, privacy rights, disclosure rights, and other property rights.
(13) In the case of sharing any Content that is unlawful, harmful, threatening, obscene, violent, abusive, unlawful, defamatory, vulgar, obscene, insulting, infringing on the privacy of others, hateful, or objectionable;
(14) In the case of sexually commoditizing minors or sharing content intended to encourage inappropriate interaction with minors, other MEWPOT Users, or the public;
(15) In the case of impersonating or misrepresenting any person or entity or impersonating the relationship between the User and another person or business entity
(16) In the case of attempt to incapacitate, damage or destroy the Service or software;
(17) In the case of upload, transmit, store, or provide any content, font, or code that contains viruses, malware, malware, or components designed to harm or limit the functionality of the Service or software;
(18) In the case of interfering with, or prohibiting other users from using the Services or software (e.g., stalking, threatening, abusing or encouraging violence or self-harm);
(19) In the case of acts relating to chain letters, junk mail, pyramid schemes, phishing, spam, fraudulent activities or other unsolicited messages;
(20) In the case of acts of advertising products or services on the service except as previously approved in writing by the Company
(21) In the case of the use of any data mining or similar data collection and extraction methods in connection with the Service or the software, including scraping data for machine learning or other purposes;
(22) In the case of artificially manipulating or interfering with the service or software (e.g., directing the User to a third party's site);
3. After the Company restricts or suspends the Membership, if the same act is repeated more than 2 times or the reason is not corrected within 30 days, the Company may lose the Membership.
4. The Company shall expunge the Membership registration in the event of a loss of Membership. In this case, the Member shall be notified by e-mail or text message, and shall be given the opportunity to make a call for a period of at least 30 days before the expungement of the Membership registration.
5. Any act that the Member deems to be sanctioned or interfere with the use of the Site is strictly prohibited, and in the event of such an act, the "Member's" access to the Site may be interrupted without notice.
6. The Member is responsible for keeping his or her account active, i.e., the Member shall log in regularly to prevent the loss or loss of access to the Services and software or the termination of the Member's account. If the Member does not log in to his or her account for a period of 3 years, the Company reserves the right to consider the User's account to be inactive, and the Company may close the Member's account. You understand that upon closure, the Member will lose access to the Content stored in his or her account. Due to inactivity, the Company intends to provide notice to the Member before the Company closes the Member's account. Will try.
Chapter 3 Use of Service
Article 7 (Payment Methods and Use of Points)
1. MEWPOT Point can be earned through events provided by the Company and expire after the expiration date. Points have the same value as the currency of the country in which the User is in use. MEWPOT Point can be used to receive discounts when paying for Paid Service.
2. The Company may limit the use of points according to the purpose for which they are provided.
3. The Company may set transaction limits such as cumulative monthly payment amounts, payment limits, etc. per Member in accordance with changes in internal policies, external payment providers (card companies, etc.), and other relevant laws and regulations for the transaction amount of Members who use Paid Service, and if a Member wishes to use a Paid Service in a range that exceeds the transaction limit set by the Company, additional use of the Paid Service may not be possible due to the excess of the transaction limit.
4. In the event of a situation in paragraph 2, the Company will instruct the Member to check whether the payment is available in the relevant payment window at the time of payment.
5. In the event that the balance of points remains at the time of withdrawal of Membership and at the time of termination/cancellation of the contract, all such points will be forfeited, and the Company shall not bear any responsibility for the recovery of such points.
Article 8 (Use of Paid Service)
1. Members who do not enter truthful information in connection with the use of the Paid Service shall not be legally protected and may be restricted from using the service.
2. In the event that a minor Member under the Civil Code wishes to use a Paid Service or Membership, the consent of the legal representative (parent) or the legal representative may cancel the contract if the consent of the legal representative (parent) is not obtained or the stamp after the execution of the contract. The consent of the minor himself or herself may cancel the contract. The consent of the legal representative must be obtained when providing information for the use of the service by a child under the age of 14.
3. In order to use harmful media for young people, a Member must be at least 19 years of age (but not limited to those who have reached the age of 19 on January 1st of the year), and must be certified as an adult through the means of certification in accordance with the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and the provisions of the Youth Protection Act. If the User is not certified, the use of the service is restricted.
Article 9 (Permission to Use of Work)
1. The Company sells a non-exclusive license of the Work through the Service as the copyright owner and the proxy for the exercise of the copyright, and the User may use the Work in accordance with the license by purchasing it.
2. The license may vary from one Work to another, and even if the license to sell for the service is changed, the effect of the license purchased before the change will be fixed at the time of purchase.
3. Even if the User withdraws from Membership and is not subject to these Terms and Conditions, the effect of the authorization issued at the time of purchase shall apply separately.
4. The Company may change the license being sold without the consent of the User, provided that the permission provided through the Membership service is not subject to this paragraph.
5. Free Work licenses purchased without payment shall also be subject to this Article.
6. Whether a contract has been concluded between the Company and the individual, organization, or legal entity (Right Holder, etc.) that holds the rights to the Work, the contents of the individual contract, the use of the Work may be restricted at the post request of the Right Holder, etc., or the contents of the service area, the file attributes of the Work, etc. may be inadvertently changed before or after the fact. If the Company has a request from the Right Holder, etc., the type of device supported by the contents of the license at the request, the Company can change the number of available devices for each Member.
7. In the event that the contents of the license already issued for the reasons of paragraph 6 are changed, the terms and conditions of the license may be changed after notifying the facts and contents in accordance with the method prescribed by Article 3 (Effect/Change of Terms and Conditions).
8. A Work that is displayed externally free of charge is not a Work owned and responsible by the Company, and the Company does not issue a license for the Work. The Company shall not be liable for the use of the Work.
Article 10 (Subscription and Use of Membership Service)
1. After the Member agrees to these Terms and Conditions, the subscription is initiated by subscribing to the Membership Service and the Company agrees to the contents of the application.
2. The Company shall in principle approve the use of the Membership Service in accordance with the order of receipt for the Member who has applied for. Provided that if there is a technical hindrance or performance of the business for the following reasons, the approval of the Membership subscription may be withheld for a certain period of time.
(1) In the case that the applicant has previously lost his or her Membership under these Terms and Conditions;
(2) In the case that the application is made using the personal information of a third party;
(3) In the case that the applicant provides false information or does not provide the contents that the Company has requested as a matter of necessity;
(4) In the case that the applicant tries to use the service for fraudulent purposes;
(5) In the case that the application is not possible due to reasons attributable to the User or in violation of all other stipulated matters;
(6) In the case that it is judged to be a Member who is not suitable for the policy of the Company or when it is difficult to provide the service;
(7) In the case that the purpose of use of the Member or the method of using the service infringes on or is likely to infringe on the property rights or goodwill of the Company;
(8) In the case of generating IDs in large quantities in an unusual way;
(9) In the case that the Member entering into the contract is a minor who has not obtained the consent of the legal representative; or
(10) In the event of committing an illegal act that violates other current laws and regulations.
3. The Membership subscription will be paid in the following form depending on whether the Membership subscription is automatically paid.
(1) Subscription: A subscription that is automatically paid for by the Member on a fixed period of time through the payment method registered by the Member and the subscription period is automatically renewed.
(2) Expired Membership: A subscription right that terminates the use of the Paid Service (permission to use the Work) when the period of availability expires.
4. The Company may, in its sole discretion, provide free Memberships, offers, or Memberships for a trial access purpose. If access to the Services or software is provided free of charge or for trial purposes, such access shall be subject to these Terms and Conditions. At any time prior to or during the free or trial period, the Company may, in its sole discretion, terminate free or trial access without liability to the Member without prior notice to the extent permitted by applicable law for any reason, including for the purpose of preventing abuse of free or trial access. Free or after the expiration of the trial access period, the Member may continue to use the Service or software only by registering for a paid subscription, if possible, or as otherwise permitted by the Company. During the free or trial period, the Services and software are provided "as is", including all faults, and no technical or other support is included.
5. The detailed conditions such as the type of Membership, the payment method, the quantity that can be downloaded and the attributes of the Work file provided, the period of availability, the device and the number thereof shall be posted and announced on the individual Membership purchase page, payment page, license page, etc.
6. In order to subscribe to a Membership, you must register for the source to be used (hereinafter referred to as “Platform Registration”). The platform registration can be changed during the subscription period, and the source information provided will be stored in the purchase history of the individual Work license.
7. In the event that a Member who is using a Membership withdraws, the Membership subscription will be terminated immediately.
Article 11 (Change of Membership Service Reservation, Immediate Change, etc.)
1. Only for some subscription-type Memberships notified and determined in advance by the Company, after notifying the Company of the facts and contents in accordance with the method prescribed by Article 3 (Effect and Modification of Terms and Conditions), the reservation may be changed (hereinafter referred to as the "Reservation Change").
2. In the event of a change in the reservation of a subscription-type Membership, the existing purchased/subscribed Membership may be used until the expiration of the subscription period of the month in which the Member requested the change, and the change will be applied to the Membership reserved to be changed from the day following the expiration of the use period.
3. In the event that there is a change to the Membership, the Company shall notify the User who subscribes to the Membership in advance of the fact, content, and date of the change in accordance with the method prescribed by Article 3 (Effect and Modification of Terms and Conditions), provided that the existing provision is not changed, and the Company may not notify the User who intends to provide additional benefits.
Article 12 (Permission to Use the Work through the Membership Service)
1. In the event that the User subscribes to the Membership service, the User will be provided with a pre-notified quantity of the Catnip and may consume the Catnip to obtain a license for the Work that the Company has designated to be issued in accordance with the Membership.
2. A Membership marked as "providing an unlimited number of Works within a certain period of time" may obtain a license for the Work designated by the Company to be issued in accordance with the Membership without consuming the Catnip.
3. The license issued through paragraphs 1 and 2 above shall become effective only for as long as the subscription is maintained, and if the subscription is terminated, the license will expire, and the Work will not be available.
4. The Catnip will expire as soon as the Membership subscription is terminated and will not be available.
Article 13 (Audit of Users Who Violate the License)
1. In the event that the User is a business entity, the Company may, after 7 days' prior notice to the User, appoint our employees or an independent third party auditor who has a duty of confidentiality up to once every 12 months to inspect the User's records, systems and facilities to ensure that the installation and use of all services or software comply with the valid license provided by the Company (including manual investigation, electronic methods, or both). In addition, the User may request that the Company verify that the installation and use of all services and software are in conformity with the effective license of the User. Provide all requested records and information within 30 days. If research determines that there is a shortage of licenses for the Service or software, you must immediately obtain the necessary licenses, subscriptions, and applicable retroactive maintenance and support. If the unpaid fee exceeds 5% of the license fee payable, the User shall also pay a reasonable fee used by the Company to verify.
2. The video may be deemed to be a potential violation of the license and the use of the Work may be immediately suspended in the following cases:
(1) In the case that it is found that a video that is not registered on the platform on the online video content platform;
(2) In the case that the use of the Work is suspected after the expiration of the Membership period;
(3) In the case that the use of the Work is suspected beyond the scope of the license; or
(4) When it is suspected that it is a case prohibited by other Terms and Conditions;
3. In the event that the use of the Work is discontinued under the conditions of paragraph 2, if the Company calls the User to use the Work justifiably, the Company shall apply to the online video platform for the withdrawal of the suspension of the use of the Work within 7 business days.
4. In the event that the User has not registered the platform but has actually obtained the permission to use it, the Company shall not be liable for the damages caused by paragraph 2 (Suspension of Use of the Work).
5. The use of the Work may be stopped immediately as a condition of paragraph 2, but if the User's damage is expected to occur, the Company may stop using the Work after 5 days' prior notice. The Company shall not be liable for damages caused by the suspension of the use of the Work due to the non-response after receiving the notice.
6. In order to prevent further violations in the event that the User is determined to be a potential violation of the use by paragraph 2, the Company may temporarily suspend the User's account from being used. If it is found that it is not a violation through the call, the Company shall release the account suspension within 3 business days.
7. In the event that the User desires to suspend the use of a Work that violates the license and lift the suspension of your account, you may charge a fee that is larger than the license fee sold by the Company's existing service.
Chapter 4 Withdrawal, Termination, and Suspension of Subscription of Paid Service
Article 14 (Withdrawal of Subscription and Cancellation or Termination of Service Use Agreement)
1. The User may request the Company to cancel the payment (withdrawal of subscription) within 7 days from the date of payment only if the Work license or Membership has not been used at all.
2. Withdrawal of subscription is restricted if a paid Member applies for withdrawal of subscription after the period of withdrawal of subscription (within 7 days from the date of payment) for a Paid Service or Membership for which the subscription can be withdrawn in paragraph 1, or in the case of content that falls under the reasons for the withdrawal of subscription as set forth in the Act on the Consumer Protection in Electronic Commerce, the Content Industry Promotion Act, the Content User Protection Directive, etc., and other relevant laws and regulations. The following are examples of cases in which withdrawal of subscription is not possible, but are not limited thereto.
(1) When a Member who subscribes to a Membership purchases a music license and downloads the music; or
(2) When you purchase a sound effect license and download the sound effects.
3. The Company provides the following matters to prevent the purchase of errors by the Member.
(1) To provide preview and preview of the Work on a temporary or partial basis for the content in question;
(2) Title of Paid Service/Membership name or music content; or
(3) Price, automatic payment status, trading conditions.
4. The withdrawal of the subscription shall take effect when the Member reaches the Company by indicating his intention to the Company by e-mail, inquiry to the Customer Center messenger, etc., and the Company shall reply to the Member without delay after receiving the Member's Notice.
5. In principle, if there is a refund amount after the Member confirms the application for withdrawal of subscription, termination/cancellation of the subscription, in principle, within 7 business days from the date of receipt of the Member's corresponding notice, the Company shall request the payment method to suspend or cancel the payment to the business operator of each payment method, and refund the payment to the same payment method paid by the Member. Provided that if the Company has notified the Member in advance and the refund method for each individual payment method as in each of the following cases, the way or period for the refund may vary:
(1) In the case of payment methods that require storage confirmation, such as credit cards, within 7 business days from the date of confirmation of storage;
(2) In the case of a refund that has passed the applicable deadline when the business operator of each payment method has predetermined in advance the suspension of billing or the time limit for the cancellation of payment through an agreement with the Company;
(3) In the case that the Member has a profit obtained as a result of the use of the Paid Service/Membership, or in the event of a mid-term termination;
(4) In the case that the Member does not immediately provide the Company with the information or materials necessary for the refund processing (if the Member does not provide a copy of the applicant's account and ID when making a cash refund, or if the Member provides an account in the name of another person, etc.); or
(5) In the case that there is an explicit indication of the Member's intention.
6. The Company may refund the contents in accordance with the Guidelines for the Protection of Content Users by deducting the ancillary expenses and fees incurred or incurred by the Company.
7. Since the download history of the Member's Work disappears when the Member withdraws, the company may refuse the application to withdraw the subscription if the User fails to prove that the use of the Work has not been made after withdrawal.
8. In the event that the Member violates the Member's obligations stipulated in these Terms and Conditions, the Member may take measures such as cancelling or terminating the contract, restricting the use of the service, or claiming damages.
9. Since the Membership subscription may be automatically terminated on the day of the delinquency if the fee is in arrears while using the subscription type Membership in accordance with the Member's application or consent, the Member who wishes to maintain the benefits of the subscription form shall take measures in advance to avoid arrears of the usage fee or delinquency of the payment method.
Article 15 (Overcharge)
1. In the event that an overcharge due to a reason attributable to the Company, the full amount of the overcharge shall be refunded. Provided that in the event that the overcharge is caused by the reason attributable to the Member, the expenses incurred by the Company to refund the overcharge shall be borne by the User within a reasonable scope, and the Company may refund the overcharge after deducting the relevant cost.
(1) In the case that the Company or the Member does not know the occurrence of the penalty, the other party shall be notified according to the method proposed by the Company, such as telephone, e-mail, etc.
(2) The Company requests the information required for the refund from the Member (Member name, payment documents, telephone number, refund request account, etc.).
(3) The Member provides the Company with the information in paragraph (2) required for the refund.
(4) The Company processes the refund within 7 days from the date of providing the User's information (If there is an explicit indication of the Member's intention, it will be provided as a set-off or points from the next fee).
Article 16 (Suspension of Paid Service)
1. In principle, the Company provides Paid Service 24 hours a day, seven days a week.
2. The Company may restrict, suspend or suspend the provision of all or part of the Paid Service during the inspection and maintenance of facilities for the purpose of improving the service to the User. In this case, the Company may, as far as possible, notify the Member in advance of the reason for the discontinuation and the period of suspension through the method of Article 3 (Effect and Modification of Terms and Conditions) of these Terms and Conditions, and in the unavoidable cases of each of the following subparagraphs, the Company may notify the Member immediately after the fact that the circumstances and causes are identified.
(1) When it is difficult to provide technically normal services due to illegal or criminal acts of Members or other unspecified third parties;
(2) When the normal provision of Paid Service is not possible due to a failure of the system or other service facilities, a failure of the wired and wireless network, or a flood of the use of the Paid Service;
(3) In the event of force majeure reasons beyond the Company's control, such as other natural disasters, national emergencies, power outages, etc.;
(4) The Company may modify, suspend or change some or all of the services provided free of charge for reasons that are critical to the Company's policies and operations, and shall not make any compensation for this unless otherwise provided for in the relevant laws and regulations; or
(5) Obligations of the contracting party, compensation for damages, etc.
3. For damages suffered by Members due to reasons attributable to the Company, the Company shall be indemnified as follows.
(1) In the case that the service is stopped or disabled for more than 4 consecutive hours a day (cumulative time) without prior notice, the subscription period shall be extended by a period equal to 3 times the service suspension failure time for the Member User only;
(2) In the case that the Company notifies the service suspension failure in advance due to reasons such as server inspection, but the service interruption failure time exceeds 10 hours, the Membership period shall be extended free of charge for the excess time or compensated with points available in the service; and
(3) In the case of a Paid Service that cannot be extended the use time, the Company shall compensate for the failure to stop the service by means of equivalent Paid Service and points.
Article 17 (Modification and Prohibition of Reverse Engineering)
1. Except as expressly permitted in these Terms and Conditions, the User shall not modify, copy, modify, or translate any part of this service or software, or discover reverse engineering (including monitoring or tracking inputs and outputs flowing through the system or application) or any other part of the Service or Software. In accordance with the User’s jurisdiction laws, if the User have the right to decompile the software to obtain the information necessary to interoperate with other software, the User shall first request this information from the Company. The Company may, at its discretion, grant reasonable conditions, such as the reasonable cost of de-compiling of services or software, to provide such information to the User or to protect the property rights of the Company and its suppliers for services and software.
Chapter 5 Miscellaneous
Article 18 (Survival)
1. In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions of the Terms and Conditions will continue to be in full force and effect.
2. The Company's failure to enforce or enforce any provision of the Terms and Conditions does not constitute a waiver of that provision.
Article 19 (Damages)
1. The Company shall compensate the Member who has damaged, damaged, or deleted the content of the Paid Service provided by the Company due to a defect in the service, thereby restoring the content or providing points to the Member who has suffered damage to the use of the service. In the event of damage to the Member, the Company shall only compensate the Member for the actual damage caused to the Member. Provided that the Company shall not be liable for any damages caused to the Member without the Company's intention or negligence. In the event that the damage occurs to the Member using the Paid Service due to reasons attributable to the Company not specified in these Terms and Conditions, in connection with the Company's liability for compensation, the Company shall indemnify the relevant provisions of the “Content User Protection Guidelines” and other correlated examples.
2. In the event that the use of the Service is restricted or the use contract is terminated based on the respective provisions related to the restriction of use of these Terms and Conditions, the right to use all digital content held by the Customer shall be forfeited and the Company shall not be obliged to return the purchase price of the digital content.
3. In the event that the damage is caused to the Company by the Member due to the Member's violation of the obligations under these Terms and Conditions, or if the Member causes damage to the Company in the use of the Paid Service, the Member shall compensate the Company for the damage.
Article 20 (Indemnification)
1. The Company shall not be liable for damages caused to Members or third parties due to the following reasons:
(1) In the case that the Paid Service cannot be provided due to natural disasters or similar force majeure;
(2) In the case that the Member neglects to manage his or her ID or password, etc.;
(3) In the case that the service is not available due to a failure of the public communication line other than the management area of the company; or
(4) In the case of a failure such as a communication service that is not attributable to other companies.
2. The Company shall not be liable for any damage caused by the Member's failure to obtain or lose the profit expected by the use of the Paid Service, the selection of catering or the use of the posts posted on the service, etc. In addition, the Company shall not be liable for the contents of the posts posted on the site, such as the reviews, ratings, etc. posted by the Member on the site.
3. The Company shall not be obliged to intervene in disputes arising out of or in connection with the Paid Service between the Members or between the Member and the third party, and shall not be liable for compensation for damages caused thereby unless there is a reason for attribution to the Company.
Article 21 (Resolution of Disputes)
1. In the event of a dispute between the Company and the Member in connection with the use of the Paid Service, the Company and the Member shall negotiate in good faith to resolve the dispute, and if there is no consultation, the Company and the Member may apply for dispute settlement to the Content Dispute Mediation Committee under the Content Industry Promotion Act.
2. In the event that the dispute is not resolved in accordance with the preceding paragraph, both parties may file a lawsuit, and the jurisdiction of the complaint between the Company and the Member shall be the address of the User at the time of the complaint, and in the absence of an address, the exclusive jurisdiction of the district court having jurisdiction over the place of residence.
3. In the event that the address or residence of the Member is not clear at the time of the complaint, a court of competent jurisdiction shall be established in accordance with the Civil Procedure Law.