Terms and Conditions for Art Terms
Chapter 1 Art Terms Service
Article 1 (Purpose)
This Terms and Conditions (the “Agreement”) aims to set forth rights, obligations and responsibilities of the Art Terms Co., Ltd. (the “Company”) and its members and other necessary matters in connection with the internet-based services and the related payment services provided by the Company.
※ 「This Agreement shall apply mutatis mutandis to e-commerce where PC and wireless communications are utilized unless it is against the nature hereof.」
Article 2 (Definitions)
- The following terms shall have the following meaning in the Agreement.
- “Art Terms Service” shall refer to general terms including Art Terms paid services or online sales, online sales brokerage service, billing protection service and/or payment service provided by the Company to facilitate the transaction and payment of the users who purchase the products with their Art Terms IDs.
- “Member(s)” shall refer to following persons, and a member who sells products shall be referred to “Seller-member(s)”.
- User-member: A person who uses the Art Terms service provided by the Company by entering into the service use agreement with the Company in accordance with the Article 6 hereof.
- Seller-member: A person who sells products on the Art Terms website while using the Art Terms service by entering into the service use agreement with the Company in accordance with the Terms and Conditions for Art Terms Sales Service.
- “Art Terms Paid Service” shall refer to various online digital contents and other services provided by Art Terms which are available with charge through Art Terms service.
- “Art Terms Place of Usage” shall refer to a place where payment of products and accumulation of loyalty points are available through Art Terms service.
- “Recipient” shall refer to an actual recipient of the products and can be the same or different person with the User-member.
- Any terms not defined herein shall have the meanings given in the instruction on a webpage of Art Terms service and related laws and regulations, and the rest shall be in accordance with the general commercial practice.
Article 3 (Stipulation and Amendment)
- The Company shall post the provisions of the Agreement on the screen of Art Terms Service or on a separately connected screen, or present them on a pop-up screen for the User-member’s better understanding.
- The Company may amend the Agreement within the scope not violating the related laws including ‘Act on the Consumer Protection in Electronic Commerce, etc.’, ‘Act on the Regulation of Terms and Conditions’, ‘Framework Act on Electronic Documents and Transactions’, ‘ Electronic Financial Transaction Act’, ‘Digital Signature Act’, ‘Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.’, ‘Act on Door-to-Door Sales, etc.’, and/or ‘Framework Act on Consumers’.
- When amending the Agreement, the Company shall announce the amended terms and conditions in accordance with the methods described in the paragraph 1 while specifying the effective date and reasons of amendment, seven (7) days prior to such effective date; provided, however, that in case of any amendment unfavorable to the User-member, the announcement shall be made thirty (30) days prior to the effective date, and further notification shall be made through electronic means such as emails of the users for a certain period.
- In the event where the User-member does not explicitly express his/her intention of disapproval despite a clear notification from the Company in accordance with the preceding paragraph stating that the User-member’s intention not expressed for thirty (30) days period shall be deemed to have been expressed, it shall be deemed that the User-member has approved the amended terms and conditions.
- In the event where any User-member does not approve the provisions of the amended terms and conditions, the Company shall not apply the provisions of the amended terms and conditions to such User-member, and in such a case the User-member may terminate the service use agreement; provided, however, that if there is any particular reason not to apply the original terms and conditions to the User-member who does not approve the amended terms and conditions, the Company may terminate the service use agreement with such User-member.
Article 4 (Regulations Other Than Terms and Conditions)
- The Company may set forth a separate agreement or usage policy for any specific service to be applied if necessary, and the related details shall be notified on the website.
- Any matter not stipulated herein shall be in accordance with the related laws including Guidelines for Consumer Protection in Electronic Commerce, etc., Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and Electronic Financial Transactions Act, and a separate agreement and usage policy.
- The member shall at all times monitor for any change of the provisions of a separate agreement or usage policy and check if any notification is made on such changes.
Article 5 (No Representation and Warranty)
- The Company only operates, manages and provides the system for convenient transactions between the User-member and the Seller-member and does not represent either side. Further, any responsibility established in connection with the products transactions between the Seller-member and the User-member or in connection with any information provided by either side shall be directly borne by such Seller-member and the User-member.
- With regard to the products transaction between the Seller-member and the User-member through Art Terms service, the Company does not make any warranty of any kind with respect to the existence and credibility of sales or purchase intention, products quality, integrity, legality and non-infringement, and authenticity or legitimacy of any data entered by the User-member or Seller-member and the material posted on the linked URLs by using such data. Any and all risks arising out of these shall be entirely borne by the Seller-member or the User-member.
- The Company does not directly sell or purchase the products in the transactions between the Seller-member and the User-member, but only develops and provides tools to ease such transactions.
Article 6 (Conclusion of Art Terms Service Use Agreement)
- The Art Terms service use agreement shall be executed at a point when a sign-up completion mark appears on the application process if a person intended to become the User-member (the “Applicant”) truthfully fills in the items required by the Company and submits the application with a consent to this Agreement, and the Company accepts such application
- The Company shall in principle accept the membership application pursuant to the preceding paragraph; provided, however that any of the following sub-paragraphs may lead to disapproval or ex post facto termination of the service use agreement:
- When the Applicant is not a member of Art Terms service (the “Art Terms”) provided by the Company;
- When the Applicant signs up in excess of three (3) verified Art Terms IDs;
- When the Applicant has ever been disqualified for membership or given termination of the service use agreement in the past time for any breach of this Agreement;
- When the Applicant does not use his/her real name or uses another’s name;
- When the Applicant posts false information or does not write down or otherwise makes typos on any content required by the Company;
- When a minor under the age of 19 applies for membership without the consent of his/her legal representative or applies under the business or corporate name;
- When any member who was put into suspension temporarily terminates the service agreement during the period of suspension and re-applies for membership;
- When the approval cannot be made due to reasons attributable to the Applicant or the Applicant applies in breach of general terms and conditions set forth by the Company; or
- When the application is confirmed to be in breach of this Agreement or unjust.
- In the process of application pursuant to the paragraph 1, the Company may request a real name authentication and personal verification through a specialized agency.
- The Company may defer approval in the event where the Company is short of service-related installation, or there is any technical or business issues.
- In the event where the Company does not approve the sign-up application or defers the approval in accordance with the paragraphs 2 and 4, the Company shall in principle make notification to the Applicant unless there are specific reasons for not doing so.
Article 7 (Termination)
- The User-member may at any time request to terminate the service use agreement and the Company shall promptly deal with such request as prescribed by the related laws and regulations.
- Responsibilities for any disadvantage arising out of or in connection with the termination shall be borne at the User-member’s own expense, and the Company may recollect various free benefits additionally provided for the User-member upon the termination of the service use agreement.
- The Company may terminate the service use agreement in case any of the following causes occurs or is confirmed by the Company.
- When the User-member does or tries to do an act of disturbing a smooth operation of Art Terms service;
- When the User-member intentionally interrupts the Company’s conduct of business;
- When the User-member violates other members’ rights or reputation, credibility and other legitimate profits, or does an act contrary to laws and regulations of the republic of Korea, morality or other social orders;
- When the User-member committed any act in breach of this Agreement;
- When the User-member obtains or uses Art Terms royalty points or coupons through any method unauthorized by the Company or by fraudulently using the other’s IDs;
- When a member is deemed to have maliciously incurred Art Terms minus (-) points;
- When a member is confirmed to have the grounds of disapproval as prescribed in the Article; and
- When the Company acknowledges the necessity to reject the provision of the service based on its reasonable judgment.
- In case of termination, the Company shall notify the User-member of the intention of termination through email, etc. In such a case, the Company grants an opportunity for the User-member to raise an objection for a substantial period of time before the termination; provided, however, that if there are any other specific reasons stipulated herein and operation policy, such period of objection may not be granted.
- Despite the termination of the service use agreement by the Company, for any conclusion of the products transaction agreement entered into by the User-member and the Seller-member prior to the termination of the service use agreement, this Agreement shall continue to apply; provided, however that in case of termination of the service use agreement due to the grounds falling under the this Article 7(4)-subparagraph 5, the Company shall not bear any responsibility of recollecting the Art Terms royalty points or coupons used in such transaction, and the User-member shall bear the cost equivalent to the related points and coupons.
- If the service use agreement is terminated by the Company, the Company may reject the approval for any application of such User-member for rejoining the website.
- For any damages arising out of termination of the service use agreement, the User-member having grounds for termination shall bear the responsibilities, and the Company shall not bear any responsibility unless otherwise stipulated in the related laws and regulations.
Article 8 (Obligations of the Company)
- The Company provides online platforms for the transactions between Seller-member and general members.
- The Company shall not commit an act which is prohibited by the related laws and this Agreement or is against public morals and shall endeavor to continuously and stably provide the Art Terms service.
- The Company shall handle any opinion or complaint raised by the User-member in connection with the use of the service if such opinion or complaint is recognized justified. For the opinions or complaints given by the User-member, arranging process and the result thereof shall be delivered to the User-members through bulletin board or email, etc.
Article 9 (Obligations of the User-member)
- The User-member shall purchase products after checking the details and terms of transaction. Any damage or loss incurred in connection with the purchase without the User-member’s confirming the details of products and terms of transaction shall be borne by the User-member at his/her own expenses.
- The User-member shall comply with this Agreement and the notification appearing on the Art Terms service screen and shall bear any and all responsibilities for damages or losses incurred from violating or not fulfilling this Agreement and such notification.
- The User-member shall purchase the products at his/her own responsibility, and the Company does not make any warranty or bear any responsibility for the details of the Seller-member’ products and conditions of transaction.
- In occurrence of any reason for cancellation of the purchased products, the User-member shall not temporarily use the delivered products or leave them to be damaged. For any damage due to the User-member’ temporary usage or poor storage of the withdrawn products, the User-member shall bear reasonable expenses incurred from such damage on the products.
- When any dispute arises in the process of purchasing the products, the User-member and Seller-member shall exert full effort to resolve in faith, and the User-member shall bear any and all losses and damages incurred by the Seller-member and the Company due to insincerity in dispute resolution.
- The User-member shall make payment in his/her own name when purchasing the products and shall not be allowed to temporarily use others’ payment method. Any and all damages and losses incurred by the Company, legitimate holder of the payment method, electronic payment agency or the Seller-member of the brokerage services from the act of temporarily using the others’ payment methods shall be borne by the User-member.
- Any liabilities or disadvantages which occur in connection with the data entered by the User-member for payment shall be fully borne by the User-member.
- The User-member shall use the payment method with legitimate and legal permissions, and the Company may check on this. The Company may also put the dealing process on hold or cancel the transaction until the legality of the User-member’s payment method, etc. is completely confirmed.
- The User-member shall cooperate with the Company for the Company to safely provide the Art Terms service, and in the event where the Company detects any infringement hereof and requests to provide explanations for such infringement, the User-member shall fully accept the request from the Company.
- Despite in cases where the Company posts information provided from an affiliation for the convenience of the Art Terms service or provides some information or contents for reference on the Art Terms website or link in a way that a third party provides such information, the User-member shall at his/her own discretion and responsibility decide to purchase the products, and the Company shall not be responsible for the User-member’s purchase decision under any circumstance.
- The User-member shall use the Art Terms royalty points or coupons in accordance with the methods specified and accepted by the Company.
- In the event where a minor purchases any products using the Art Terms service, the purchase agreement thereof shall be valid when his/her legal representative consents to the agreement. The Company shall notify before executing the agreement that the minor or his/her legal representative may cancel the agreement if ratification is not obtained after signing of the agreement. Other details in relation to the transaction of a minor shall be in accordance with the related laws and regulations.
- Total purchase price may be different from the actual posted price of works. The total price includes (i) purchase price of the sold works; and (ii) tax charged on the User-member.
Article 10 (Obligations of the Seller-member)
- Terms and Conditions for Sales Service of the Company can be checked on the Company’s website or on a screen linked on the Art Terms service.
Article 11 (Prohibited Acts of the User-member)
- The Company prohibits the following acts in order to promote the credibility of the Art Terms service and ensure safe transactions:
- To use the Art Terms service or access its system through illicit means while not using the normal method of using the service provided by the Company;
- To use the Art Terms service by stealing others’ name, card information and account information, etc.
- To make illicit payment which is legally prohibited by the laws and regulations including Specialized Credit Finance Business Act such as to obtain capitals under disguise of the products transaction;
- To obtain or use the Art Terms royalty points or coupons in an abnormal way not stipulated by the Company;
- To make unauthorized changes to the information posted by the Company or to transmit or upload any information other than the one specified by the Company (such as computer program);
- To infringe any intellectual property right including a copyright of the Company or other third parties;
- To damage reputation of the Company or other third parties or disturb their business;
- To disclose or upload any obscene and violent messages, videos, audios, and other data against good public order and morals;
- To repeatedly purchase products without actual intent of purchase;
- To make an order while pretending as if the actual purchase would be made through the Art Terms service for the purpose of unfairly secure the Art Terms royalty points for any purpose made off-line or on other websites; and
- To do other illegal and unjust acts.
- The Company may restrict any User-member who does the prohibited behaviors in this Article from using the Art Terms service, and any and all responsibilities occurring in connection with such an act shall be borne at the expense of the User-member. The Company may notify related government institutions or judicial authorities of any prohibited behaviors conducted by the User-member, if necessary.
Article 12 (Limit of Use of the Art Terms Service)
- The Company may suspend or terminate the service use agreement of the User-member in any of the following cases in pursuit of the stability and credibility of transactions through the Art Terms service.
- When an act falls under the prohibited behavior in Article 10 hereof;
- When a membership is suspended or a member becomes disqualified;
- When a member violates regulations hereof or usage policy stipulated in separate pages;
- Any User-member who is banned from using the Art Terms service may not use the service for a certain period, nor may use the pre-accumulated Art Terms royalty points and coupons, etc. Detailed standards, etc. on the limit of use shall be further set forth in the operation policy.
- The Company may lift a ban of use in the paragraph 1 in cases where the User-member meets a standard determined by the Company such as by offering reasonable grounds or explaining that the counter party to the transaction has already given a consent.
Article 13 (Personal Information)
- In the event where any order and payment are made through the Art Terms service, the Company may provide the relevant information to the parties to transactions within the required extent for the purpose of performing the transaction such as for smooth communications, delivery and consultation.
Article 14 (Delivery)
- Period of delivery refers to a period from the date when payment is confirmed as an initial date to the date when the delivery is completed. In case of statutory holidays and other days-off or any force majeure events such as natural disaster, that specific period shall be excluded from the period of delivery.
- Any dispute among the Seller-member, User-member, shipping company, and/or financial institutions, arising out of or in connection with the delivery service shall be in principle mutually settled, and the Company shall not be involved therein nor bear any responsibility therefrom.
Article 15 (Return/Exchange/Refund/Cancellation)
- The User-member may cancel a purchase until the Seller-member confirms an order for the purchased products. If a product is on way of delivery, it shall be processed according to a returning procedures not a cancellation one.
- Even after the payment for products is completed by the User-member, the request for cancellation submitted before the Seller-member’s confirmation of orders shall be immediately processed unless there exist any other special circumstances.
- Cost for return shall be generally borne by a party attributable to such return. That is, in case of the User-member’s simple change of mind, the User-member shall bear the cost of return, and in case of a return due to defects in products, the Seller-member shall bear the cost of return.
- Notice unclearly given to the Seller-member by the User-member on the cause of return may lead to delay in the process of return and/or refund.
- In the event where the User-member should bear the cost of return, no additional payment for the cost of return may lead to the delay in the process of refund.
- Despite the request of exchange for the products from the User-member, the exchange may not be made if the products to be exchanged are out of stock; in such a case, the request of exchange may be transferred to a return of products.
- Refund shall be given with the same method of the payment (Art Terms royalty points, cancellation of credit card payment, etc.) within three (3) business days from the date when the Seller-member receives a product without any defect.
- In the event where refund through the same credit card used for the payment is not permitted due to a lapse of certain periods by the policy of electronic payment service provider, electronic payment agency or brokerage service provider, the refund will be made with the adjusted amount equivalent to the refund.
- The User-member may not request refund or exchange of the products in the event of the following cases:
- If a product is destroyed or damaged due to reasons attributable to the User-member;
- If the User-member has used the product or the value of the product has significantly decreased by partial consumption;
- If the value of the product has significantly decreased by lapse of time to the extent it cannot be re-sold
- If duplicable package of the product has been damaged;
- If any significant and irrevocable damage is expected on the Seller-member in case the refund or exchange is acknowledged; or
- If the User-member wants to get a refund only with his/her change of mind;
- In the event where an order cannot be normally finalized until specific time, the Company may at its own discretion finalize the purchase or cancel the order and refund for the finalization of the dealing relationship unless the aforementioned is explicitly contrary to the intent of the User-member, and the relevant details shall be notified to the User-member fifteen (15) days prior to such measurement; provided, however, that the User-member may raise an objection thereto if he/she does not want such measurement
Article 16 (Password)
- The Company may omit the validation process including the Art Terms password depending on the purchase history of the User-member and the standards set forth by the Company, or may request an additional validation other than the Art Terms password.
- Any and all responsibilities for the management of the Art Terms password are borne by the User-member him/herself. The User-member shall not lend or assign his/her own password to a third party nor shall do any other acts similar thereto, and the User-member shall bear all responsibilities arising out of not having managed the password carefully.
- The User-member shall immediately change the password when recognizing that his/her own password has been fraudulently used and shall notify the Company of such fact.
Article 17 (Royalty Points)
- The Company may give Art Terms royalty points for the User-member for free in accordance with the policy of the Company if the User-member uses the Art Terms service such as by purchasing the products and participating in the promotional events.
- The User-member may use the Art Terms royalty points separately or along with other payment methods in transactions with the Seller-member through the Art Terms service.
- Detailed information with regard to the granting and using of the Art Terms royalty points shall be in accordance with the Company’s policy, and the Company shall instruct such information through relevant links on the service page for the User-member.
- The royalty points becomes extinguished in any of the following events:
- When extinctive prescription of the points has lapsed.
- Existing free points in the event of termination of the service use agreement.
- The User-member may use the Art Terms royalty points only for his/her own transactions and shall not sell or transfer the points, or conduct any act which can be possibly deemed as same as the sales or transfer of the points.
- In the case where the User-member unfairly or illegally obtained the Art Terms royalty points, the User-member shall not use the points, and the Company may collect these.
- Any Art Terms points provided free of charge by the Company through product purchases or promotional events shall only be used within certain period determined by the Company.
- The Art Terms point accumulated through the purchase may be collected by the Company in the case of cancellation of such purchase.
- The extinctive prescription of the Art Terms points is ten (10) years from the most recent accumulation, date when recharged or date when used.
Article 18 (Coupons)
- When the User-member purchases a product through the Art Terms service, the Company may grant a coupon by which the User-member can get a discount by a certain amount or a certain ratio in accordance with the Company’s policy.
- The Company may set a limit on the use of coupons according to the Seller-member, product items, and the dealing amount.
- Detailed matter pertaining to the grant and use of coupons shall be in accordance with the Company’s policy, and the Company instructs these to the User-member through its service pages.
- The User-member may only use the coupons within a certain period specified in the coupons.
- The User-member may use the coupons only for his/her own transactions and shall not sell or transfer them, or conduct any act which can be possibly deemed as same as the sales or transfer of the coupons.
- In the case where the User-member unfairly or illegally obtained the coupons, the User-member shall not use the points, and the Company may collect these.
Article 19 (Copyright Policy)
- In using the Art Terms service, the Company shall establish a policy for the protection of copyrights of the holder, and the User-member shall abide by the copyright policy of the Company.
- Any copyright of the various posts uploaded by the User-member while using the Art Terms service shall be vested in the User-member who actually wrote them; in case where such posts infringe the other’s copyright, the responsibilities therefor shall be borne by the User-member
- The post uploaded by the User-member shall be exposed to public for a certain period of time according to the Company’s policy and may be deleted after such period.
- Any and all copyrights and other intellectual property rights on the copyrighted works made by the Company shall be vested in the Company.
- When the User-member duplicates, transmits, publishes, distributes, broadcasts, uses by other means or causes a third party to use the information obtained while using the Art Terms service, the responsibility therefor shall be borne by the User-member.
- In the event of any infringement on the copyright of the User-member within the Art Terms service, the User-member may report and request any necessary measurement, and the Company shall take a necessary action according to the relevant laws.
- The Company may delete the posts without a prior notice; set a limit on the use of a specific service against the person who uploaded the post within the Art Terms service; and terminate the service use agreement If the uploaded posts:
- contains any content in breach of the laws of the republic of Korea;
- violates the right or honor, credibility and other legitimate profits of others;
- contains malicious codes or data that may cause malfunction of the information technology devices;
- goes against the public order or social morals; and
- is deemed to interfere smooth progress of the service provided by the Company.
Article 20 (Membership Grade)
- Membership grade and the benefits therefrom shall be granted by the standards determined by the operation policy of the Company, and detailed list will be posted on the screen for such service or notified on the Art Terms service pages.
Article 21 (Direct Overseas Delivery)
- When the User-member purchase a product subject to the direct overseas delivery, the purchase may be withdrawn until the product is sent out by nature of the overseas delivery. If the product has been already sent out, the request for withdrawal may be rejected.
- In the event of exchange/return due to defects in a product, the User-member shall request an exchange/return by providing the evidential materials for such reasons within one (1) week from the completion of delivery.
- If an exchange/return is due to a simple change of mind or any reason attributable to the User-member, two-way delivery fees shall be covered by the User-member.
- Price of the product subject to direct overseas delivery may include customs duties, and the product not including the customs duties may additionally incur further customs duties according to the products type. The process of import declaration and payment of customs duties will be notified from Korea Customs Service.
- If requested by Korea Customs Service to provide the User-member’s transaction details and personal information for the aforesaid import declaration and payment of customs duties, the Company may provide such information to Korea Customs Service.
- Unless otherwise stipulated in this Article, the terms and conditions of this Agreement shall apply in the same manner for the purchase of the product subject to overseas delivery.
Article 22 (Consumer Complaints and Dispute Resolution)
- The Company shall not be involved in the products transaction between the User-member and the Seller-member nor shall bear any responsibility for such transaction; provided, however, that in the event of any complaints or disputes either between the User-member and Seller-member or the User-member and a third party, the Company may mediate these within the reasonable scope.
- In the event of the Company’s dealing with the consumer complaints and dispute conciliation, the Company shall fairly mediate from a third party’s viewpoint.
- The User-member shall fully cooperate with the Company’s dispute resolution in good faith.
Article 23 (Halt of Art Terms Service)
- The Art Terms service may be temporarily put on hold if any supply of communications and electricity, etc. is disrupted or if needed for maintenance works such as inspection and repair, further installation, replacement or relocation with seven (7) days prior notice; provided, however, that if prior notice cannot be made unavoidably, the Company may give ex post facto notification.
- In the event of half of service due to force majeure events including natural disasters, wars, riots, terrors, hackings and/or DDOS attacks, the Company shall make notification on this. If it is impossible to make a prior notice for any unavoidable reason such as failures of information communications facilities, the notification shall be made immediately after such circumstances are resolved.
- If the Art Terms service cannot be continued because of difficulties in normal business activities with an institution of the bankruptcy or reorganization proceedings, etc., the Company may put the Art Terms service on hold from the date when thirty (30) days have lapsed upon the date of notice to the User-member.
- The Company shall exert its best effort to resume the Art Terms service as early as possible when any cause in the paragraphs 1 and 2 of this Article occurs.
- The Company shall not bear any responsibility for the half of service pursuant to this Article.
Article 24 (Indemnification of the Company)
- Dealing process in connection with the product transactions between the Seller-member and User-member including the delivery, withdrawal, exchange, return and/or refund shall be carried out under the responsibilities of either party. The Company shall not be involved in the transactions of products nor be obliged to bear any and all responsibilities for this.
- The Company shall not be responsible for any interruptions in the use of the Art Terms service arising out of reasons attributable to the User-member.
- Damages occurring out of such events where the User-member provided his/her own personal data and account information (ID, Art Terms login password, etc.) to others or leaked any information out of negligence, the Company shall not be responsible for any damages therefrom.
- The Company shall not be involved in nor be responsible for the transactions between the User-member and a third party who is connected through any link or banner on the Company’s service screen.
- The Company shall not make any warrant for the accuracy, timeliness and validity of products and information provided by the Seller-member or a third party who is shown on the Art Terms service screen, nor shall be responsible for any matters regarding this.
Article 25 (Notice)
- The Company may use email address, telephone (mobile) number, a consent box at the time of login provided by the User-member as a means to give a notification in connection with this Agreement.
- The Company may replace a separate notification by posting a notice on web site for entire or multiple number of User-members; provided, however, that for any matters significantly influencing the use of service, the notice shall be made with not less than two (2) means described in the preceding paragraph.
- The Company shall not bear any responsibility for any error arising out of a situation where the User-member rejects an email or the email address provided by the User-member does not accord with the facts.
Article 26 (Provision of Information and Insert of Advertisement)
- The Company may provide a member with various marketing information as deemed to be necessary in the use of the Company’s service by the means of email, post, SMS, telephone, push notification, SNS service connected with the member’s contact information, etc., and the member consents thereto. In such a case, the member may bear data charges depending on his/her telecommunication environment or fee structure.
- A member may any time refuse to receive an email mentioned in the preceding paragraph except for transaction-related information in accordance with the relevant laws as well as any answer to customer’s inquiries, and in such a case, the Company shall immediately cease to provide any marketing information in the preceding paragraph.
Chapter 2 Art Terms Paid Services
Article 27 (Purpose)
This chapter aims to set forth rights, obligations, responsibilities and other required matters in connection with the use of the Art Terms paid services provided by the Company.
Article 28 (Indication)
The Company shall indicate the following matters on the first page or FAQs screen of the relevant Art Terms paid services so that such matters can be easily comprehended by the User-member.
- Name or title of the Art Terms paid services;
- Name (company name in case of corporation), address, and telephone number of a service provider of the Art Terms paid services; and
- Contents of the Art Terms paid services, payment methods, fees, other usage conditions;
- Applicable devices for the Company’s paid services and the minimal technological specifications as needed for the use of the service shall comply with the information on the recommended specifications.
- The Company shall offer exchange, return, warranty of the paid services as well as the conditions and procedures of the payment thereof in providing the paid services.
Article 29 (Establishment of Service Use Agreement)
- The Seller-member applies for the service use agreement of the Art Terms paid services in accordance with the procedures provided by the Company. The Company accepts the application of the Seller-member in principle but may withhold the approval in the event of the following cases:
- When the Seller-member uses his/her real name or uses another’s name;
- When the Seller-member posts false information or does not write down any content required by the Company; or
- When a minor tries to use any paid service which is prohibited by relevant laws such as Youth Protection Act; and
- When the Company is short of service-related installation, or there is any technical or business issues.
- The service use agreement shall be executed at a point when the completion of sign-up and payment are marked in the process of application.
- In order for the Seller-member to use the Art Terms paid services, the Seller-member shall consent to this Agreement and pay the charges in accordance with the terms and conditions of each service.
Article 30 (Halt and Modification of Art Terms Paid Service)
- If the Art Terms paid service cannot be provided for reasons such as a change of business types, abandonment of the business and consolidation of business, the Company shall notify Seller-member of this by methods specified herein and compensate User-member according to the conditions previously suggested by the Company.
- The Company may modify the Art Terms paid services, in whole or in part, as needed for any operational and technical reasons; in such a case, the Company shall post the relevant matters on the first page of the service before such modification; provided, however, that if the modified contents are important or affect against the Seller-member, the Company shall give notification by any methods specified herein, and the provisions of the Article 15 hereof shall apply mutatis mutandis to the matter with respect to refunds.
Article 31 (Withdrawal and Termination by the Seller-member)
- Any Seller-member who has entered into the service use agreement for the Art Terms paid services with the Company pursuant to this Chapter may withdraw the agreement within a certain period. However, the Company’s paid services contain some services which cannot be withdrawn as stipulated in the laws including Content Industry Promotion Act and Act on the Consumer Protection in Electronic Commerce, etc. In this case, the Company shall take one of the measures described below to limit the rights of withdrawal in accordance with the same acts:
- If the fact that withdrawals of the Art Terms paid services are unavailable is marked on the indication section;
- If any method of temporary or partial usage is provided.
- In the occurrence of any of the following reasons, the Seller-member may terminate the service use agreement for the Art Terms paid services:
- Within one (1) month from the date when provided with the Art Terms paid services in the event where the Company is unable to supplement and amend defects in the paid services:
- When the Seller-member does not give consent to any change in this Agreement, which leads to a withdrawal of membership or termination of the service use agreement for the Art Terms paid services.
- Any matter in relation to the return, exchange, refund, cancellation pursuant to the paragraphs 1 and 2, the provisions in the Article 14 hereof shall apply mutatis mutandis; provided, however, that if the Seller-member refunds any payment owing to termination of the service use agreement for the Art Terms paid services due to any prohibited behavior determined hereby or any other reasons attributable to him/herself, the refund may be given after deducting the amount equivalent to the profits and refund charges (larger amount between 10% or 1,000 KRW) which has been obtained by the Seller-member from the use of the Art Terms paid services.
- In the event where the Company, any person who gets paid from the Art Terms paid services or any person who enters into the service use agreement for the Art Terms paid services with the Seller-member are not the same person, each party shall take joint responsibility for the fulfillment of obligations in connection with the withdrawals, etc.
Article 32 (Term of Use, etc.)
Term of use of the Art Terms paid services shall be one (1) year from the purchase unless otherwise indicated in advance. For the Art Terms paid service for which the term of use has lapsed, the user’s right thereto shall be extinguished and deleted from the list.
Article 33 (Provisions Applicable Mutatis Mutandis)
Any matter not stipulated in this Chapter shall be applied by the provisions in the Chapter 1 hereof. In case of any conflict between the contents of Chapter 1 and this Chapter, this Chapter shall prevail.
Article 34 (Dispute Resolution)
- The Company shall establish and operate a compensation organization to reflect any reasonable opinion or complaint raised by the User-member and the Seller-member and to compensate for any loss or damage.
- The Company shall preferentially handle any complaint and opinion suggested by the User-member and the Seller-member; provided, however, that in case of difficulties in prompt action, the Company shall, without delay, notify the users of any reasons and further schedules.
Article 35 (Governing Laws and Jurisdiction)
- All matters related to this Agreement shall be governed by laws of the republic of Korea.
- For any dispute filed between the Company and the User-member, the court having jurisdiction over a place of the Company’s principal office shall be the competent court of jurisdiction.
※In case of any discrepancies between English version and Korean version, Korean version shall prevail.
This Agreement shall be valid from Mａｙ７, 2019.
For Korean version https://drive.google.com/file/d/1iAhX5NxbLyJEzZavhe9794qBL82sYX4G/view?usp=sharing