SOMESING Terms of Service
Date of Last Revision: Nov. 2022
Chapter 1. General Rules
Article 1 (Objective)
These terms and conditions are designed to stipulate the rights, obligations, responsibilities, and other necessary matters of the company and its users for the use of karaoke services (hereinafter referred to as "services") provided by Emel Ventures Inc. (hereinafter referred to as "Company") through mobile devices and other relevant methods such as network, website and other forms of services.
Article 2 (Definition of Terms)
① The terms used in this Agreement are defined as follows: 1. "Company" means a business that provides services through mobile devices. 2. "A member" means a person who enters into a service contract under this Agreement and uses the services provided by the company. 3. "Applyee" refers to a person who wants to become a member. 4. "Mobile device" means a device that can download or install content, such as a mobile phone, smartphone, PDA or tablet. 5. "Account information" refers to information provided by the member to the company, such as e-mail address, name, date of birth, sex, password, mobile phone number, country of residence, etc. and information on service use (singing information, wallet information, etc.) and payment of service charges. 6. "Operation Policy" means the service operation policy, as required to apply the terms and conditions. 7. "Post" shall mean the general name of all works created by members who are exposed through the service provided by the company. 8. "Open Market" refers to an e-commerce environment built to install and pay for karaoke content on mobile devices. 9. "Application" means any program that is downloaded or installed from a mobile device to use the services provided by the company. 10. "Karaoke Service" is one of the services provided by the company and refers to the karaoke and accompanying services that the member operates on mobile devices. 11. “Derivative Works” A. A work created by modifying, duplicating, or editing the postings of another member through the service provided by the company. B. Any other creation produced by any party in a manner equivalent to Article 5 of the Copyright Act (Derivative Works) 12. "SSG" refers to digital assets used by members to use specific functions in the process of using the service. 13. "MIC" means points that can be purchased through payment in the application and can be used when using services such as sponsorship, gifts, and posting. (Please refer to the separate information for detailed information on MIC. [https://www.notion.so/FAQ-KR-03df56b7030e4024a9486a59054386cf]). 14. The term "subscription pass" means a specific functional product that members can use by paying a certain amount within the service. Subscription passes can be paid automatically on a regular basis, and details are detailed on each service or product purchase and payment page. ② The definition of terms used in these terms and conditions is as specified by the relevant statutes and policies by service, except as provided in paragraph 1 of this section, and it is customary not to do so.
Article 3 (Providing company information, etc.)
The company displays the following items in the service so that the members can read them: However, the privacy policy and the terms and conditions can be viewed through the link screen by the member. 1. Company name, Name of representative 2. Location address of the business office (Include the address where the member's complaint can be addressed.) 3. Telephone number, e-mail address 4. Business registration number 5. Privacy Policy 6. Terms of Service Use
Article 4 (Effectiveness and Change of Terms and Conditions)
① The company posts the contents of these terms and conditions on the service or the connected screen so that the members can understand them. In this case, important details such as service interruption, withdrawal, refund, release/release of the contract, and the company's exemption shall be displayed in bold letters, colors, and symbols, or through a separate screen for the member to recognize. ② In the event that the company revises the terms and conditions, it shall specify the applicable date, revision details, and reason for revision, and post them on the service or on the connection screen seven days before the application date, and notify the members. However, if the change is disadvantageous to the member or a significant change, the member shall be notified by the same method as in the 30 days before the application date and notified by the method described in paragraph 1, Article 34(Notification to a member). In this case, the contents of the revision are compared with the contents before and after the revision, and the contents are displayed to make it easier for the member to know. ③ If the company revises the terms and conditions, it checks whether the member agrees to the application of the revised terms after the notice of the revised terms. The company shall also notify the contents that if the notice in paragraph 2 is made, it can be regarded as consented if the member does not express agreement or rejection against the amended terms and conditions. If the member does not agree to the revised terms and conditions, the company or the member may terminate the service contract. ④ The company takes measures to enable the members to ask questions and respond to the contents of the company and these terms and conditions. ⑤ The company can revise these terms and conditions to the extent within no violation of related statutes, such as "Act on Consumer Protection in Electronic Commerce," "Act on Regulation of Terms and Conditions," "Act on Promotion of Information Network Utilization and Information Protection," "Act on Promotion of Content Industry," and “Guidelines for protecting content users”. ⑥ If a member who uses the paid service does not agree to the amendment of these terms and conditions and terminates the contract, the refund policy of these terms and conditions shall be followed.
Article 5 (Signing and Applying Service Contract)
① The service contract is signed by the person who wants to become a member after agreeing to the contents of this agreement and the company approves the application. If necessary, the company can request real-name verification and identification through its verification agency. However, if the applicant for membership is under 12 years old, it cannot apply for membership. If the applicant is restricted, the applicant can apply for membership with the consent of the legal representative. ② The company shall accept the application of the applicant in principle. However, the company may refuse to accept applications for use in any of the following subparagraphs: 1. In case the contents of the application for use are falsely listed or the requirements for use are not met. 2. In case the applicant uses the service through an abnormal or indirect method in a country where the company’s service has not been provided. 3. In case of an application to do any act prohibited by the relevant statutes; 4. In case of an application to hinder the well-being and order or the customs of the society; 5. In case the service is to be used for dishonest purposes 6. In case a member applicant has previously lost his or her membership under this Agreement. Exceptions shall be made in cases where a year has passed since the loss of membership and the applicant has obtained approval from the company to re-enroll as a member. 7. In case approval is deemed inappropriate for reasons other than the preceding paragraph; ③ The Company may withhold its consent until the reason for the cancellation of any of the following subparagraphs is resolved: 1. The company's facilities are not available, difficult to support a particular mobile device, or has a technical failure. 2. In case of service failure, service charge or payment method failure 3. In case it is deemed difficult to accept the application for use as a reason following other subparagraphs; ④ The company shall not bear the obligation to continue to provide the same services as the services provided at the time of signing the contract to the members due to the conclusion of the contract under paragraph (1). The company may add, modify, or delete the contents of the service, add restrictions related to the service, or temporarily or permanently suspend the provision of the service after signing the service contract under paragraph (1).
Article 6 (Compliance other than terms and conditions)
Conditions not specified in these terms and interpretations of these terms and conditions are subjected to relevant laws or practices in Republic of Korea, such as “Act on Consumer Protection in Electronic Commerce”, “Act on Regulation of Terms”, “Act on Promotion of Information Network Utilization and Information Protection” and “Act on Promotion of Content Industry Promotion”.
Article 7 (Operational Policy)
① The delegated items can be set as service operation policies by setting specific scope and requirements for applying the terms and conditions. ② The company posts the contents of its operation policy on the service or the connection screen for the members to know the contents of the operation policy. ③ If the operation policy is revised, follow the procedure outlined in Article 4 paragraph 2. However, if the revision of the operation policy falls under any of the following, it shall be notified in advance through paragraph 2. 1. In case the delegated items are revised by specifying the scope of the terms and conditions; 2. In case an amendment is made that is not related to the rights and obligations of the members; 3. In case the contents of the operation policy are not fundamentally different from those set out in the Agreement and the operation policy is revised to the extent that the member can predict it;
Chapter 2. Privacy Management
Article 8 (Protection and use of personal information)
① The company strives to protect the members' personal information following the relevant statutes and the company's privacy policy for the protection and use of personal information. However, the company's privacy policy does not apply to linked services other than those provided by the company. ② Depending on the characteristics of the service, contents that introduce oneself such as nicknames, character photos, and status information that are not related to the members' personal information can be disclosed. ③ The company shall not provide the members' personal information to others without their consent, except in the case of a request from the relevant national institution or other relevant government agencies under the relevant statutes. ④ The company shall not be held liable for any damages caused by leakage of personal information due to the reasons attributable to the members. ⑤ Our service uses the YouTube API services. By using this service, users are agreeing to be bound by the YouTube Terms of Service. YouTube Service Terms Google Privacy and Terms
Chapter 3. Duty of the parties to the service contract
Article 9 (Company’s duty)
① The company sincerely complies with the relevant statutes, the exercise of the rights and obligations stipulated in this Agreement by its good faith. ② The company shall have a security system for the protection of personal information (including credit information) so that members can use the service safely, and shall disclose and comply with the Privacy Policy. The company shall prevent the member's personal information from being disclosed or provided to a third party, except as provided in this Agreement and the Privacy Policy. ③ In order to provide continuous and stable services, the company shall make reasonable efforts to repair or restore facilities or data without delay unless there is a natural disaster, an emergency, or a defect that cannot be resolved by current technology.
Article 10 (Member's duty)
① A member shall not engage in or attempt any of the following acts in connection with the use of services provided by the company: 1. The act of stating false facts when applying for use or changing member information; 2. Selling or donating cyber assets (ID, items, MIC, etc.) through services or abnormal methods not provided by the company, or acquiring and using them; 3. The act of writing or sending an e-mail under the guise of an employee or operator of the company, or by stealing the name of another person; 4. Pretending to be another person or falsely stating a relationship with another person; 5. The act of using another person's account 6. The act of the same person using two or more accounts to use the service or obtain the MIC through it; 7. The act of creating an account using virtual information, such as a virtual mobile phone number, or acquiring a MIC through it; 8. Purchasing paid content by stealing other people's credit cards, wired/wireless phone accounts, etc.; 9. Collecting, storing, posting, or disseminating personal information of other members without permission; 10. The act of using the service in a way that interferes with, interrupts, restricts, or negatively affects other members' use of the service, causes damage, disability, overload, or damage to the service, or exploits known or unknown bugs; 11. An act of gambling or inducing gambling, such as exchanging or posting pornographic information(It includes contents that engage in physically dangerous and harmful acts such as pornography, exposure photographs, obscene lyrics, etc., and contents that engage in sexual acts such as self-harm, but are not limited to them.) or linking harmful information to pornographic sites, or of using services in an unhealthy manner, such as posting, transmitting, or disseminating words, pictures, or videos(It includes, but is not limited to, writing and sending malicious comments and messages, including threats, stalking, slander or abusive language.) ; 12. Using services for purposes other than the original purpose of services, such as profit-making, business, advertising, public relations, political activities, campaigning, etc., or preparing, posting, transmitting, and disseminating such writings; 13. The act of promoting the distribution or commercial use of information obtained through the use of the company's services, and the sale, lending, or other methods of rights to accounts, posts, etc. in exchange for financial exchange, such as money, without the prior written consent of the company; 14. An act of taking advantage of others in anticipation of others or causing damage to others in connection with the use of the company's services; 15. Exposing recommendation codes to a medium accessible or accessible by an unspecified number of persons; 16. The act of uploading a post in which a member's song has not been recorded, and providing gifts, sponsorship, etc. even though he/she knows that a member's song has not been recorded; 17. Infringement of intellectual property rights, trade secrets, or portrait rights of the company or others, infringement of other people's privacy, or defamation or damage of others; 18. Dissemination or use of information (computer programs) or computer software designed to interfere with or destroy the normal operation of hardware or telecommunications equipment by law. 19. Without prior written consent from the company, changing applications, inserting other programs into applications, hacking back-designing servers, leaking or changing source code or application data, building separate servers, arbitrarily changing parts of websites, bypassing company-designed technologies, and developing other applications. 20. The act of writing spam comments with the same content repeatedly and uploading posts with the same content repeatedly; 21. Other acts that violate these terms or regulations or violate good customs or other social convention, and encourage or promote such acts; ② The members shall check and comply with the company's notification, including the related statutes, the provisions of these terms and conditions, instructions for use, and cautions, from time to time, and shall not interfere with the company's business activities. ③ The member shall be responsible for the management of the member's account, password, and mobile devices and shall not be allowed to be used by others. The company shall not be held liable for damages caused by negligent management of the account and password granted to it, poor management of the mobile device, and acceptance of the use by others. ④ The member shall set up and manage the payment password function so that no fraudulent payment is made in each open market. The company shall not be responsible for damages caused by the member's carelessness. ⑤ The member shall not engage in acts that hinder the stable operation of the service in the service use ⑥ A member shall not engage in any acts that cause damage to the company or other members in the service use ⑦ The company may decide the details of each of the following acts, and the members shall follow them: 1. Name of the member's account, nickname, and other names used within the service 2. Content and method of the comment 3. The method of the use of bulletins and service 4. External Mobile Platform Alliance Services Policy (ex. KAKAO, Facebook, Google Plus, etc.)
Chapter 4. Service use and restriction
Article 11 (Service delivery)
① The company provides karaoke services and incidental services to its members. ② The company shall immediately give consent to members to use the service whose service contract has been completed following the provisions of Article 5. However, in some cases, the service can be started from the designated date according to the company's needs. ③ The company may provide additional services including those specified in the Terms and Conditions when providing the services. ④ The company can differentiate the levels for its service use by dividing the service hours, the number of use times, and the scope of the service provided.
Article 12 (Service use)
① Services are provided for a set period by the company's business policy. The company guides the operation hours of the service in an appropriate way such as displaying on the initial screen of the service or notification board in the service. ② Notwithstanding paragraph 1, the company may suspend all or part of its services in each of the following cases: In such a case, the company notifies the reason and duration of the suspension in advance in an appropriate way such as displaying on the initial screen of the service or notification board in the service. However, if there are unavoidable circumstances that cannot be notified in advance, the notice can be made postmortem. 1. In case of the necessity for system operation such as regular system inspection, expansion, replacement of servers, and instability of the network. 2. In case normal service provision is not possible due to power failure, failure of service facilities, the explosion of service use, repair or inspection of facilities by the service provider; 3. In the event of a situation beyond the control of the company, such as wartime, private defense, natural disasters, or equivalent state of emergency; ③ The company uses a dedicated application or network for mobile devices to provide services. The members can download and install the application or use the network to use the service for free or by payment. ④ For paid content, members must pay the fees specified for the service before they use. If members download an application or use a service over the network, a separate fee set by the member's mobile telecom service provider may incur. ⑤ For downloaded and installed applications or services that members use over the network, they are provided to suit the characteristics of the member's mobile devices or mobile telecom service provider. The company is not liable when the use of all or part of the content may not be possible due to changes in mobile devices, number changes, or overseas roaming. ⑥ In the case of downloaded and installed applications or services over the network, background operations can proceed within the mobile device. If the mobile device user's telecommunication charges increase due to this, the company shall not be liable for this.
Article 13 (Change and discontinue services)
① The company can change the service according to operational or technical needs for smooth service delivery, and notifies the service before making the change. However, if it is necessary to make changes, such as a bug error, or an emergency update, or if it is not a significant change, it can be notified later. ② The company may discontinue all services if it is difficult to continue services due to serious management reasons such as the abolition of operations following the transfer of operations, merger, etc., expiration of contracts necessary to provide services, and deterioration of profits. In such cases, the suspension date, the reason for suspension, compensation conditions, etc. shall be notified through the application initialization screen or its connection screen, and the member shall be notified by Article 34 (notification to members) (1). ③ In the case of paragraph (2), the company shall refund paid items that have not been used or have a remaining period of use pursuant to Article 29 (Withdrawal of application).
Article 14 (Collection of information, etc)
① The company can store and archive chatting between members, and this information is kept only by the company. The company may access this information only in the case of arbitration between the members, handling civil complaints, or maintaining order and the third party can access this information only in case relevant authorization is given under the Act. ② If the company or a third party accesses the chat information under paragraph 1, the company shall notify the member concerned in advance of the reason and scope of the access. However, if the information needs to be accessed in connection with an investigation, handling, and verification of prohibited acts under Article 10 (Member's duty) paragraph 1 or in connection with the relief of damages caused by such acts, it can be notified after the fact. ③ The company can collect and utilize the members' mobile device information (setups, specifications, operating systems, versions, etc.) except the members' personal information for smooth and stable operation of the service and for improving the service quality. ④ The company may request additional information from the members to improve the service and to introduce services to its members. The member may accept or reject this request, and the company informs the member that he or she may refuse this request.
Article 15 (Advertising provision)
① The company may advertise in conjunction with the operation of the service. Also, advertising information can be sent by e-mail, SMS (LMS/SMS), and Push Notification (Push Notification) only to members who have agreed to receive it. In such a case, the member may refuse to receive the information at any time, and the company will not send the advertisement information when the member refuses to receive the information. ② The members may connect to advertisements or services provided by others through banners or links among the services provided by the company. ③ When connected to advertisements or services provided by others under paragraph 2, the company does not guarantee reliability, stability, etc. as the advertised services are not in the service area of the company, and the company shall not be held liable for damages of the members. However, this is not the case if the company has not taken measures to facilitate the occurrence of damages or to prevent damages due to intentional or gross negligence.
Article 16 (Rights and obligations for postings)
① All rights and responsibilities, including copyright and portrait rights, of the postings uploaded to the service by the member, shall remain to the member who uploaded or posted unless otherwise stipulated. ② The members retain/acquire all necessary rights and consent from third parties for the postings uploaded or posted to this service by the members and guarantee that uploading or posting the posts in the service does not infringe upon the rights of other rights holders. The member understands and agrees that the company is not responsible for all legal disputes arising from the postings uploaded and posted to the service by the member and that the member assumes all legal responsibility for the issue. ③ The company provides a function in which members in the service post or upload various posts, and other members view and use these posts to produce new posts. Due to the nature of these services, posts uploaded or posted by members can be used to provide, operate, develop and promote services such as search results, services (including duet participation), content recommendation, research and development (machine learning technology development, etc.). The company may use members' posts (publication, reproduction, performance, transmission, broadcasting, secondary work preparation, etc.), modification, reproduction, editing (change of editing format, etc.), posting, etc. without restrictions on the period or region of use. Provided, That the company shall not sell, lend, or transfer posts for the purpose of transaction without the prior consent of the members who produce the posts. A member may upload posts in the service only if he/she agrees to use the company's posts, etc ④ At any time, a member may take measures such as modifying, deleting, excluding search results, and changing the scope of disclosure of posts uploaded and posted to the service through the website customer center or the in-app management function. The company may keep posts on the server where members have taken measures such as deleting, excluding search results, and changing the scope of disclosure, but cannot display, distribute, perform, or send them. ⑤ Even if a member restricts the scope of disclosure of posts pursuant to paragraph (4), the company has the authority to access, manage, and delete the members' posts. If the company deems that the posts in the service posted or registered by a member fall under Article 10 (Member's Duty) (1) are prohibited, it may delete or move them or refuse to register them without prior notice. ⑥ A member whose legal interests are violated by the information posted on the company's bulletin board may request the company to delete the information or publish a rebuttal. In this case, the company shall promptly take the necessary actions and notify the applicant thereof. ⑦ In the event a member creates secondary works using other members' posts such as "participation in duets" and singing functions using "completion of duets," the company can take measures to change the status of existing postings, such as changing the public scope of its posts, deleting or canceling the service, in addition to the existing posts. Also, the company may suspend or delete the postings of the members by the procedures specified by the relevant statutes, including information and communication network laws and copyright laws. The company will then inform the affected members of the change in the status of the postings and secondary works and related actions. ⑧ Notwithstanding the contents of paragraph (1) of this Article, if a member agrees to participate in events or promotions when using the service, the copyright of the posts uploaded and posted by the member may be attributed to the company and service. In such cases, the company shall guide and seek consent from the members, and these separate terms shall be applied in preference to the terms and conditions. ⑨ This section is valid during the company's service operation and continues to apply after membership withdrawal.
Article 17 (Restrictions on service use to members)
① A member shall not violate his/her obligations under Article 10 (Member's Duty), and if he/she is reasonably deemed to have done so, the company may take measures to restrict the use of the member's services, delete related information (text, photo, video, etc.) according to the following classifications: Specific reasons and procedures for restriction of use shall be determined by the operation policy of individual services pursuant to Article 18 (Reasons and Procedures for Restriction of Use). 1. Restricting some rights: Restricting certain access to services such as chatting, writing comments, and uploading posts for a certain period or permanently. 2. Restricting the use of an account: Restricting the use of a member's account for a certain period or forever 3. Content-related distribution restriction: Restricting the distribution of SSG, MIC, etc. based on content posting, sponsorship, etc. for a certain period of time or permanently 4. Recovery of gains: Deduction and recovery of SSG, MIC, etc. acquired by a member through a violation of his/her obligations; ② If the restriction on use referred to in paragraph (1) is justified, the company shall not compensate for the damage caused by the restriction on use. ③ The company may suspend the service use of the relevant account until the investigation into the following reasons is completed: 1. Where it is reasonably suspected that an account has been hacked or stolen, such as receipt of a report; 2. In the case of suspected illegal program users or offenders, such as workplaces, etc. 3. Where provisional measures for the use of services are necessary for other reasons falling under each subparagraph;
Article 18 (Reasons and Procedures for Restricted Utilization Measures)
① The company sets specific reasons and procedures for the restriction measures under Article 17 (Restrictions on service use to members) paragraph 1 as its operation policy by considering the contents, degree, frequency, and result of prohibited acts under Article 10 (Member's duty) paragraph 1. ② If the company takes the restriction measures outlined in Article 17 17 (Restrictions on service use to members) paragraph 1, the member shall be notified of the following matters in advance. However, if urgent action is required, the notification may be made after the fact. 1. Reasons for restriction of utilization 2. Types and periods of restrictions on utilization 3. A Method of appeals for objection to restrictions on utilization
Article 19 (Procedure for Appeals for Objection to the Restricted Use Measures)
① If the member wishes to disobey the company's restriction on the use of the service, the member shall submit to the company a written, e-mail or equivalent application stating the reason for his disapproval within 14 days from the date of receiving the notification of the measure. ② The company shall answer the reasons for the complaint by letter, e-mail or equivalent within 15 days from the date of receiving the objection application under paragraph 1. However, if it is difficult for the company to respond within this period, the company will notify the reason and the schedule for processing. ③ The company shall take action if the reason for the complaint is reasonable.
Chapter 5. Purchase, Use, and Refund of MIC
Article 20 (MIC's Purchase and Illegal Purchase)
Members can purchase MICs through payment in the application and use them when using certain services such as sponsorship, gifts, and posting. ② In any of the following cases (hereinafter referred to as 'MIC fraudulent purchase') the company may refuse or cancel the MIC purchase contract by refusing to accept the MIC purchase application, withholding the consent, or canceling the approval: 1. If the company deems that payment at a designated risk IP falls under the consideration of bulk payment of the same IP, continuous payment in a similar account, or history of theft, etc. 2. If you enter false information or do not enter essentials in the purchase process 3. In the case of using another person's mobile phone number 4. Where a minor under 19 years of age applies for purchase without the consent of his/her legal representative; 5. Where a member who violates the terms of use files an application for purchase; 6. Where a member who has been restricted from using pursuant to the terms and conditions of use applies for purchase; 7. Where a member who has violated subparagraphs 1 through 6 above files an application for purchase; 8. In the case that accepting an application for purchase violates the relevant statutes or violates social welfare, order and customs, terms of use of the company, and personal information processing policies; ③ If a member makes an illegal purchase of MIC, the company may warn the member and suspend the account. If more than two illegal purchases of MIC occur, the company may permanently suspend the member's account.
Article 21 (MIC's Refund)
If a member does not use the MIC purchased within the application, he/she can apply for a refund to the company and get a refund. ② The MIC paid free of charge by the company to the members is non-refundable. ③ When a member uses a MIC within the service, the MIC acquired by the member is used first in chronological order. In other words, if a member obtains a free MIC within the application after purchasing the MIC, the refund may be restricted because the MIC purchased for a fee is used before the MIC acquired for free.
Article 22 (Injustice of MIC)
A member shall not use the remaining MIC in his/her account (hereinafter referred to as 'MIC fraudulent use') after applying for a MIC refund to the company. ② If a member illegally uses the MIC, the company may warn the member and take measures to suspend the account, and if more than two illegal purchases of the MIC occur, the company may take measures referred to in the subparagraphs of Article 17 (1) against the member.
Chapter 6. Deposit and Withdrawal of SSG
Article 23 (Deposit SSG)
Members can deposit SSG to the SSG wallet address shown in the application, and the deposit limit, the minimum amount of SSG deposited once, and the deposit fee are as follows : 1. Deposit limit: No restrictions 2. Minimum Deposit SSG Quantity: No limit 3. Deposit Fee: Free
Article 24 (SSG withdrawal)
Members may withdraw SSG from the SSG wallet indicated in the application to only from the external virtual asset wallet provided by the company only if all of the following conditions are met. 1. External withdrawal virtual asset wallet is owned by the member 2. The member must be 19 years of age or older 3. The member's account must not be a paused or permanently suspended account 4. The total amount of SSG requested by a member and the withdrawal fee must be more than the number of SSG held by the member ② The company does not directly engage in the process of withdrawing SSG to its own wallet or control the password or private key of the member's SSG wallet indicated within the application, and only provides technical support to transfer SSG on the blockchain ③ The company imposes restrictions on the withdrawal limit of SSG that members can withdraw from the SSG wallet indicated in the application, the minimum withdrawal amount of SSG per time, and the withdrawal fee in accordance with the SOMESING service operation policy. ④The company does not provide any services that exchange SSG held by members for won. However, if it is necessary to calculate the value of SSG used by members in the process of using the service, the value of SSG is calculated four times a day (KST 00:00 / 06:00 / 12:00 /18:00) based on the price of the UPbit won market on the digital asset exchange.
Chapter 7. Termination of subscription, a refund of over-error payment,
and cancellation of the service contract
Article 25 (Paid service)
Members can use paid services through other methods determined by the company, such as using MIC and SSG, or purchasing subscription vouchers. Paid service refers to a service that allows members to purchase, use, or pay directly through MIC and SSG through payment methods and methods determined by the company within the service, and is in accordance with the contents or policies guided on each service page. ② Members who use paid services understand and agree that they have all the necessary authority to pay the amount in the way they choose among the payment methods provided by the company and are responsible for the legal problems and situations arising from them. ③ SSG is not issued by the company and is not exchanged for cash except when it is indispensable for compliance with obligations under the Electronic Transactions Act. ④ In the case that there is a separate operator that operates each payment method, the member shall implement the procedure suggested by the operator of the payment method before the payment. When paying the company's paid service fees, it is deemed that the member has agreed to the terms and conditions of the procedure suggested by the operator of the payment method.
Article 26 (Establishing a paid service contract)s
The paid service use contract is established by the member agreeing to these terms and conditions, using MIC and SSG through the payment methods and methods determined by the company, or by paying for the service use. In this case, there may be a difference in the amount of payment according to the App Store (open market) operator and the corresponding payment method policy. ② The company may request a member’s additional personal information to implement the payment, and the members shall provide the company's requested personal information accurately. The company shall not be responsible for compensating the member for damages caused by false or inaccurate personal information provided by the member unless the company intentionally or wrongfully made the member. ③ There is no separate expiration date for the MIC purchased or sponsored by a member, and if there is a provision for prescription in other statutes, the provisions shall apply. ④ The MIC purchased by a member can only be used in the member's own account and cannot be transferred, rented, or traded to a third party.
Article 27 (Approval for settlement)
The company may not approve of the use of paid services in each of the following subparagraphs. Also, the company can revoke the approval at a later time. 1. In case a minor under the age of 19 applies without the consent of his legal representative; 2. In case approval is deemed impossible due to reasons attributable to the applicant for use; 3. In case it is deemed that approving other applications for use violates the relevant statutes or the company's business policies, such as social order, beautiful and fine custom, and the company's related terms and conditions; ② The company may restrict the approval until the reasons for limiting approval of the application for use are resolved in the following cases: 1. If it is deemed insufficient to provide satisfactory service 2. In the event of a service failure ③ Subject to articles 10 (Member's duty), 1, 12 and 13 of the Terms of Use, paragraphs 1 and 2 are applied. ④ The company may retain members' payment-related information for a certain period of time after the service usage period and service usage period are terminated for automatic renewal and billing of subscription rights services every month. ⑤ If a member applies for automatic payment of the subscription pass service, automatic billing and payment will be made monthly with the payment date and payment method designated by the member, regardless of whether the subscription pass service is actually used or not. ⑥ If a member cancels automatic payment of the subscription pass service, changes in payment information, loss of credit cards and mobile phones, or other reasons, the member can use the service for one month from the most recent automatic payment date. However, if a member cancels the service within seven days of the most recent automatic payment date, the member can request a full refund of the recently automatically paid amount instead of using the service for one month from the latest automatic payment date. ⑦ The company is not responsible for the suspension of payment due to reasons attributable to non-payment of members' fees and the resulting suspension of service use.
Article 28 (Payment by minors)
If a member is under 19 years of age or has limited ability, he/she must obtain consent from his/her legal representative (parents, etc.) pursuant to Article 5 (1) of the Civil Act before paying for the use of paid services. Paid services cannot be used unless the consent of the legal representative according to the procedures set by the company is obtained. The company notifies that the contract can be canceled without the consent of the legal representative, and if the minor uses the resident registration number of other adults or uses the payment information of adults without consent, the contract cannot be canceled without the consent of the legal representative. ② In order to agree to the payment of minors under the previous paragraph, the legal representative may use the method of mobile phone authentication, fax authentication, etc. according to the company's instructions. After the consent of the legal representative is completed, the company notifies the legal representative by e-mail. When a minor enters into a purchase contract without the consent of the legal representative, the minor himself or his legal representative may cancel the contract to the company. However, if a minor purchases content with property permitted to be disposed of by a legal representative, or if a minor deceives him/her as an adult or believes that he/she has the consent of a legal representative, it cannot be canceled.
Article 29 (Withdrawal of application)
A member who has signed a contract for the purchase of paid services with the company may withdraw his/her subscription within seven days from the date of the purchase contract and the date of availability of the contents without any burden of fees or penalties. ② Members are not allowed to withdraw their subscription pursuant to paragraph (1) against the company's will in any of the following cases. However, in the case of a purchase contract consisting of divisible content, this is not the case for the rest of the divisible content that does not fall under any of the following subparagraphs : 1. Paid content that is used or applied immediately upon purchase. 2. Content in which additional benefits are used when additional benefits are provided. 3. When a member uses the content/product through the act of opening/initiating content/product that can be viewed as a use or through the act of opening/initiating content/product whose utility is determined to be opened/initiated. 4. If you've already used SSG through sponsorship or gift 5. In the case where payment means such as MIC and SSG are paid free of charge, such as events, advertisements, and compensation, etc., 6. In a case where the user withdraws from the service and cannot confirm information such as purchase details, etc. ③ The company shall clearly mark the contents that cannot be withdrawn pursuant to paragraphs (2) 1 through 3, and provide test-use products of the contents (temporary use, experience, etc.) or provide information on the contents so that the members' right to withdraw is not disturbed. If the company fails to take such measures, the member may withdraw the subscription, notwithstanding the reasons for restricting the withdrawal of the subscription under the subparagraphs of paragraph (2). ④ In the event that the contents of paid contents purchased are different from the contents of the advertisement or implemented differently from the contents of the purchase contract, the member may withdraw the application within three months from the date the contents became available, or within 30 days from the date on which he knew or was informed. ⑤ When a member withdraws a subscription, the company checks the purchase details through an electronic payment agency, etc. In addition, the company may contact the member through the information provided by the member to confirm the reason for the member's legitimate withdrawal, and may request additional evidence. ⑥ If a withdrawal of a subscription is made by the provisions of paragraphs 1 through 4, the company will collect the member's paid contents without delay and refund the payment within three working days. In such a case, the company shall pay the deferred interest calculated by multiplying the "Act on Consumer Protection in Electronic Commerce" and the rate prescribed in Article 21.3 of the Enforcement Decree of the same Act for the period of delay ⑦ Whether the person involved in the content purchase contract is a minor is judged based on the mobile device, payment executor information, and payment method name. In addition, the company may request submission of documents that can prove that it is a minor or a legal representative in order to verify the legitimate cancellation.
Article 30 (Refund policy)
In the event of a refund due to reasons attributable to the company, the company may deduct and refund the amount equivalent to the profits gained from the use of the service. ②When a member requests a refund or refund arbitrarily due to reasons attributable to the member, the company refunds the remaining amount excluding payment agency fees for each payment method from the remaining amount deducted by the member of the preceding paragraph. ③ In the event of a refund, the company requests the business operator who provided the payment method to suspend or cancel the claim for the usage fee without delay if the member pays the usage fee by payment method such as credit card. However, this may not be the case if a separate deduction is required. ④ Notwithstanding this article, refunds are not available in any of the following cases : 1. In the case of coupons issued by the company, free points, or paid services received through winning events 2. In the case where other members have not paid by themselves 3. In a case where the amount subject to deduction corresponding to the profits obtained from the use of the service exceeds the amount actually paid by the member ⑤ If a member applies for a refund, he or she can refund the payment after checking whether the payment amount cannot be paid normally or canceled, and if he or she expresses his or her intention to refund within the payment cancellation period, he or she can first consider the payment cancellation process. ⑥ Deposits based on refunds are made only when the name of the account holder or wallet of the financial institution where the member will receive a refund and the name of the member ID registered with the company are the same. However, refunds are not available for accounts of overseas financial institutions. ⑦ In the case of personal information theft, payment information theft, or fraudulent payment, there is no refund, and in this case, the request and confirmation of the payer's personal information can only be confirmed through a legitimate request from an investigative agency based on relevant laws. ⑧ The company is not responsible for any disadvantages caused by reasons attributable to the member's mistake in withdrawing or requesting a refund.
Article 31 (Refund of over-error payment)
The company will refund the over-error payment to the member in the event of an over-error payment. However, the member shall pay the actual expenses for the refund to the extent reasonable if the payment was caused by the member's negligence without the company's intention or negligence. ② Payment through the application is based on the payment method provided by the open market operator. In the event of over-payment during the payment process, the company or the open market operator shall be requested to pay the refund. ③ Communication charges (call charges, data call charges, etc.) caused by downloading the application or using network services may not be eligible for reimbursement. ④ Refunds are made by the refund policy of each open market operator or company, depending on the type of operating system of the mobile device in which the service is used. ⑤ The company may contact the member through the information provided by the member to handle the refund of the wrong payment and may request the member to provide the necessary information. The company shall refund the information required for the refund from the member within three working days from the date of receipt of the refund.
Article 32 (Termination of contract)
If the member does not want to use the service at any time, the member can cancel the service contract through the withdrawal of the member. Due to the withdrawal of membership, all information held by the members in the service is deleted and cannot be recovered. ② The company can suspend service use or cancel service contracts by setting a maximum period or a period before a significant period if the members cannot maintain this contract, such as prohibiting acts in these terms and conditions, operation policies and service policies. ③ Even if the member cancels the contract, the member may not be deleted to the extent necessary for normal service use by other users, such as being republished by others, being reissued as a result of other sharing functions. However, when member or a member who has withdrawn requests to delete a post to the company, it can be deleted through a certain procedure. ④ Even if a member withdraws, the obligation to pay the member's usage fee incurred before the withdrawal will remain in effect.
Chapter 8. Compensation for damage and exemption clause
Article 33 (Compensation for damage)
The company or the member shall be responsible for indemnifying the other party for damages in violation of these terms and conditions. However, this shall not be the case if there is no intentional or culpable. ② If an individual service provider affiliated with the company provides a separate service, the individual service terms and conditions may be required, and in this case, the member must agree to the individual service terms and conditions to use the service. If the individual service provider's intention or negligence causes damage to the member, the individual service provider shall be responsible for such damage, and the company shall not be liable for such damage unless the company's intention or negligence.
Article 34 (Company immunity)
The company shall not be held responsible for the provision of the service if the service cannot be provided due to natural disasters or the corresponding force majeure. ② The company shall not be responsible for any damages caused by repair, replacement, regular inspection, construction or other equivalent reasons for the service facilities. However, this is not the case in case of the company's intentional or negligence. ③ The company shall not be held liable for any interruption in service use caused by the member's willfulness or negligence. However, this is not the case if the member is forced or has a valid reason. ④ The company shall not be held liable for the reliability or accuracy of information or data posted by the member to the service unless there is intentional or serious negligence. ⑤ The company shall not be liable for any damages caused by the member's involvement in any transactions or disputes caused by the sale of services to other members or others. ⑥ The company shall not be responsible for damages incurred by members in connection with the use of the service provided free of charge. However, this is not the case if the company is intentional or grossly negligent. ⑦ The company shall not be held liable for the failure or loss of the profits expected by the members through the service. ⑧ The company is not responsible for the loss of MIC, SSG, etc. of members. However, this is not the case if the company intentionally or by negligence. ⑨ The price of the SSG is determined by the status of transactions on the Digital Asset Exchange, and the SSG in the application is based on the Digital Asset Exchange Upbit KRW market price, so the company is not responsible for any changes in the price of the SSG. ⑩ The company shall not be held liable for any third-party settlement arising from the member's failure to manage the mobile device password and the password provided by the open market operator. However, this is not the case if the company intends or fails to do so ⑪ If a member cannot use all or all of the functions of the contents due to changes in mobile devices, changes in the number of mobile devices, changes in the OS version, overseas roaming, or changes in the carrier, the company shall not be held liable for such changes. However, this is not the case if the company intends or fails to do so. ⑫ If a member deletes the contents or account information provided by the company, the company shall not be held liable for such deletion. However, this is not the case if the company intends or fails to do so. ⑬ If a third party accesses, alters, or deletes a member's post without permission, the company shall not be liable for it unless it is intentional or negligent. ⑭ We are not responsible for damages caused by members or third parties posting sensational or shameful information using the service. However, this is not the case if the company is intentional or grossly negligent.
Article 35(Notification to a member)
If the company notifies the members, the members can use their e-mail address, electronic memory, in-service notes, and SMS (LMS/SMS). ② The company can substitute the notification under paragraph 1 by posting the notification within the service for more than seven days or by presenting a pop-up screen.
Article 36 (Handling grievances and resolving disputes)
The company shall guide the members on the service or on the connection screen to present their opinions or complaints in consideration of the convenience of the members. The company operates personnel exclusively responsible for handling the opinions or complaints of the members. ② The company shall promptly handle any comments or complaints raised by the members within a reasonable period if they are objectively recognized as legitimate. However, If the processing takes a long time the members are notified of the reasons and schedule for the long term in service or notified under article 29 no.1 hereabove. ③ In the event of a dispute between the company and its members and a third party dispute settlement agency adjusts, the company can faithfully demonstrate its actions to the members, including restriction of use, and follow the mediation by the mediation agency.
Article 37 (General Clause)
① Even if some provisions of these Terms of Use become effective or unenforceable, the remaining provisions shall apply effectively. ② Even if the company does not enforce rights or authority under these terms or suspends execution, the company shall not be deemed to waive its rights or authority. ③ A member shall not transfer any company's rights or obligations prescribed in this Agreement to any other person without prior written consent from the company. Provided, That in the event of a merger, merger or sale of services, the company may transfer the company's rights or obligations prescribed in this Agreement without the consent of the members. ④ These terms and conditions are a complete and exclusive agreement between the Company and its members concerning the Services and supersede all previously entered into agreements with respect to the Services. ⑤ Even if some provisions of this Agreement are deemed invalid or unenforceable by the competent court or local statutes, the remaining parts of this Agreement shall remain valid and shall not be invalid under any circumstances. ⑥ These terms and conditions were first written in Korean. When a member encounters them in a language other than Korean, the non-Korean language terms and conditions are provided only for the convenience of the member. If there is a difference in meaning between languages, I understand and agree.
Article 38 (Trial Rights and Compliance Act)
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Korea. ② The Seoul Central District Court shall be the court under the jurisdiction of the Seoul Central District Court for disputes arising between the company and its members regarding the use of the service. Supplementary provisions (Dec. 7, 2020.) Article 1 (Enforcement Date) ① These terms and conditions will go into effect on December 7, 2020. ② In principle, the pre-change terms and conditions shall apply to members who have already signed up before this Agreement enters into force. However, if the service under this Agreement continues to be used even after the effective date of the changed terms and conditions as announced, it shall be deemed that they have agreed to the terms and conditions after the change. Supplementary provisions (June. 7, 2021.) Article 1 (Enforcement Date) ① These terms and conditions will go into effect on June 7, 2021. ② In principle, the pre-change terms and conditions shall apply to members who have already signed up before this Agreement enters into force. However, if the service under this Agreement continues to be used even after the effective date of the changed terms and conditions as announced, it shall be deemed that they have agreed to the terms and conditions after the change. Supplementary provisions (Nov. 3, 2021.) Article 1 (Enforcement Date) ① These terms and conditions will go into effect on Nov. 3, 2021. ② In principle, the pre-change terms and conditions shall apply to members who have already signed up before this Agreement enters into force. However, if the service under this Agreement continues to be used even after the effective date of the changed terms and conditions as announced, it shall be deemed that they have agreed to the terms and conditions after the change. Terms and Conditions Version Number: v4.0 Terms and Conditions Implementation Date: 2021.11.03 Terms and Conditions (v3.0): Revision of June 07, 2021 Terms and Conditions (v2.0): Revision of December 07, 2020 Terms and Conditions (v1.0): Revision of November 19, 2019 Terms and Conditions (v0.0): Revision of October 01, 2019