b.stage Terms of Service
Article 1 (Purpose)
These Terms of Service aims to regulate rights and responsibilities, conditions of service, procedures and other necessary provisions pertaining to the usage of service, between bemyfriends Co., Ltd. and its affiliated companies(hereinafter referred to as "Company"), and members (hereinafter referred to as "members") utilizing b.stage services (hereinafter referred to as "Service").
Article 2 (Definitions)
- Definitions of the terms used in this Terms of Service are as the following subparagraphs.
- "Services" means commerce services that allow a member to distribute tangible products, intangible products or services on the internet, services that allow a member to provide or sell contents, other added or affiliated services pertaining to such activities, and collectively, shopping mall implementation services that are offered by the Company.
- A "Member" means a person who has provided their information to the Company and has agreed to this Terms of Service to register as a member and utilizes services offered by the Company.
- A "End-user" means a person who has provided their information to services provided by another member and has agreed to Terms of Services for services of the member to register as a member to the services, and utilizes services operated by the member herein.
- A "User ID" means a unique combination of characters and numbers in the form of an e-mail address provided by the Company upon the request of a member, in order to identify the member and facilitate the utilization of services.
- A “Password” means a combination of characters, numbers, special characters, etc. designated by a member in order to verify a member using an assigned ID and protect the information of the member.
- A "Dormant ID" means an account that is protected in case no access or login has been made by a member for a duration specified by the Company in order to prevent the abuse of customer information.
- "Added Services" mean services requested by a member for operating services besides the basic services offered by the Company.
- "Stage" means a service that has been created initially through a request to a service offered by the Company and review.
- “Service fees” mean a remuneration which the Company receives from a member in exchange of providing services.
- "Product" refers inclusively to tangible and intangible products; "Intangible Product" means contents sold to end-users, or products that include access to content, and products sponsored by end-users (digital vouchers, membership, sponsorship functions, etc. are included in intangible products).
- "Contents" mean a product in a data format structured in the form of voices, auditory signals, drawings, photographs, videos or links or a collection of such products over which a member has secured and retained legitimate rights and decided to provide to end-users through the services.
- "b.stage APP" means an additional service that provides access to individual stages of members through mobile applications provided by the company to members and end-users, and provides notification services.
- Definitions of the terms that are not specified in this Article shall be interpreted based on applicable laws and customary commercial practices.
Article 3 (Announcement and Amendment of Terms of Service)
- The Company shall disclose and post the contents of these Terms of Service, name of company, name of representative, address of the domicile of the business (including an address that can process customer complaints), facsimile number, e-mail address, business registration number, telemarketing business registration number, contact information and an officer in charge of personal information management, on the initial display (front page) of the services so that a member may be easily informed. However, the contents of the Terms of Services may be structured to be accessible to a member in a redirected screen.
- The Company may amend the Terms of Service within the scope of not violating the applicable law if necessary; In such a case, the amended terms of service and the effective date shall be published through the Services, from no later than 7 days prior to the effective date to the day before the effective date. Notwithstanding, if the amended terms of service includes any change that is adversarial to a member, the notice shall be published from no later than 30 days before the effective date to the day before the effective date; an e-mail notice that includes the amended terms of service, effective date and the reason for change (with explanation on key changes to be implemented) shall be sent to the existing members.
- If a member does not agree to the amended terms of service, the member may express the intention to refuse the amended terms of service before their effective date and terminate the User Agreement under these terms of service.
- If a seller member does not explicitly indicate the intention to refuse agreement even after the Company has clearly notified the member within the notice of the amended terms of service based on paragraph 2 of this Article that the intention of agreement may be deemed to have been expressed unless the explicit intention of contrary has been indicated before the effective date, the seller member shall be deemed to have agreed to the amended terms of service.
- Any damages to a member due to the incomprehension of the amended terms of service shall be liable to the member, and the liability of the Company shall be limited to instances otherwise specified in applicable law or occurred due to deliberate or negligent torts of the Company.
Article 4 (Effect of Terms of Service)
- These Terms of Service shall be effective from the effective date, through the notification within the Services, or the notification to the members via e-mails or other means of communication.
- The Company may establish separate terms of service pertaining to a specific service (hereinafter referred to as "separate terms of service"); If a member agrees to separate terms of service, the separate terms of service shall comprise a portion of the User Agreement; if there is a conflict or discrepancy between the separate terms of service and this Terms of Service, the provision of this Terms of Service shall supersede.
- Any person who intends to register as a member under this Terms of Service shall be thoroughly aware of the contents of this Terms of Service and affirm to agree to the ties of rights and responsibilities between a member and the Company.
- Any matters not specified under these Terms of Service shall be compliant with applicable law, separate terms of service for the services provided by the Company, regulations of usage, and other detailed instructions of utilization.
Article 5 (Signing up as a Member)
- Any person who intends to utilize the Services (hereinafter referred to as "membership applicant") shall apply for registration as a member through entering the member information as per the form designated by the Company and expressing the intention to agree with this Terms of Service.
- A membership applicant shall, if requested by the Company separately, provide supporting documents in a timely manner.
- In order to simplify the consent procedure required to guarantee the product quality exchanged within the Services, and as per applicable law, no individual under the age of 19, may become a member.
- The Company shall deem the information associated with User ID generated in the sign-up process to be the information of the member, and consider the holder of User ID which initially created Stage as a counterparty of this Agreement. Notwithstanding, if the authority of the "executive administrator" is transferred after opening Stage, the transferee of the User ID shall be deemed as a counterparty of the Agreement.
- Any member information provided in the member registration form is considered to be real and factual data. Any user who failed to provide a real name or factual information may not be protected under the law, may be restricted usage of the Services and may be liable for any damages incurred to the Company or a third party. If necessary, the Company may restrict the eligibility of a member who provided false information to access the Services.
- The Company may verify the real name through a specialized institution to confirm the real name of a member.
Article 6 (Notice and Conveyance of Information to a Member)
- In case the Company provides notices to a member, notices may be conveyed through an e-mail address or a mobile phone number which the member registered in the Company.
- The Company may replace the individual notices by posting the notice on the notice board for seven (7) days or more if the notice shall be given to unspecified members.
- The Company may provide information that the Company deems necessary for a member in utilizing the Services via e-mail, correspondence, mail, short message services, phone call, or other forms of communication.
Article 7 (Membership Withdrawal and Loss of Membership Privileges, etc.)
- A member may request withdrawal of the membership, and the Company shall process such a request immediately. Notwithstanding, if a member is designated a representing administrator for one or more stages, membership withdrawal request and processing may be allowed after the representing administrator has been replaced with another administrator.
- If a member falls under the reasons prescribed in the following subparagraph, the Company may restrict or suspend the membership status of a member.
- Membership application has been made under another person's name or a false name.
- False information has been provided or information requested by the Company has not been provided
- Membership application has been made by a person under 19 years of age
- A User Agreement had been previously terminated in violation of a domestic or international law, or by this Terms of Service
- The member has utilized the Services engaging in activities which are sexually suggestive or departing from the social norms
- The member has been restricted from the Services due to the posting of illegal or abusive advertisement or other promotional materials
- The member has utilized the Services for abusive purposes, such as violating the rights of another person
- The member terminated the User Agreement at their discretion and re-applies for the membership registration after the member becomes subject to sanctions such as suspension of services and before the suspension thereof expires
- The member has lost the membership privileges previously due to the sanctions on utilization under the Terms of Service, etc.
- The member does not comply with other actions required by the Company, such as providing required documents or supporting documents requested by the Company
- The Company otherwise deems it necessary under reasonable determination, such as violation of the Terms of Service, or illegal or abusive request for utilization, etc.
- If the Company restricts or suspends the membership status and the same action that caused such measures have been repeated two times or more, or the reason for such measures has not been rectified within 30 days, the Company may revoke the membership status.
4. If the Company revokes a membership status, the membership registration shall be expunged. In this case, the revocation shall be notified to the member, and the Company shall afford the member with an opportunity to provide an explanation for at least 30 days before the de-registration becomes effective.
Article 8 (Amendment to a Member Account or Information)
- The onus for the protection and control of a member's service account ID and password (collectively, hereinafter referred to as "login information") shall be upon the member themselves; the member shall not allow a third-party to utilize the log in information and manage the information to prevent its exposure.
- Upon recognizing that their login information has been stolen or compromised, the member shall immediately notify the Company and follow the instructions provided by the Company. The Company shall be indemnified for any damages incurred because a member has not notified the Company of any potential breach or has failed to follow the company's instructions, unless there is an intentional or negligent tort by the Company.
- If there is a concern of breach of privacy of a member, the Company may restrict the utilization of the member account. In such a case, the Company shall notify the member through a method prescribed in Article 6.
- A member may amend or modify their personal information through a website or the Services at any time.
- If there are any changes in the information registered during the sign-up process, a member shall revise the information accordingly or notify the company immediately through an amendment request. The Company shall not be liable to any disadvantages to the member if the member failed to comply with this provision unless there is an intentional or negligent tort by the Company.
- In a case, as prescribed in the following subparagraph, the Company may amend the member ID at its discretion or upon the request of a member.
- There is a concern of personal information breach as member ID registered is similar to the member's phone number or member's resident registration number, etc.
- The ID may be offensive to another person or exhibits departure from the social norms
- Or the Company otherwise deems it reasonable
Article 9 (Types of Services and Amendment)
- The Company may provide following services under this Terms of Service, and may consign the delivery of the Services to a third party if necessary. However, based on the circumstances in service provision and service policies, certain services may take priority and remaining services may be provided subsequently; the timing for each service is provided and the name of the Services may be altered due to the Company's policies.
- Shopping Mall Services
- Contents Provision Services
- Services to allow the member or the member's service to be synchronized with the Services
- Added Services (including b.stage app)
- Affiliated Services
- Service that provides useful information and suggestions on data dashboards and statistics on activities and purchases of end-users for effective stage operation on the stage management page (service admin) of members
- Other Services for operating other contents or shopping malls
- The Company may establish or amend the Services provided by notifying the relevant information in advance as prescribed in Article 6.
Article 10 (Utilization of the Services)
- The utilization of the Services shall become available immediately upon the member applying for the membership registration and expressing the intention to agree with this Terms of Service. Any matters not specified hereunder may be stipulated in a separate terms of service or supplementary agreements. However, the timing may be postponed limited to the case of Article 13.
- The Company provides the Services 24 hours a day, 7 days a week, unless there is a special extenuating circumstances in operation or technical issues. However, if it is necessary for the Company, such as for the inspection of facilities, or their is disruption in the facilities due to force majeure such as unexpected surge in service access volume which disrupts the utilization of the Services, the Company may take extraordinary measures to restrict partial or entire restriction of the Services, whereas the affiliated services, etc. is provided by the operating policies of each service provider, and shall be notified through the Service within the website.
- A member shall utilize the Services after accurately understanding conditions of use for each service and their respective policies through the service information page of the Company.
- The Company may provide a part of or the entire Services as paid service, and the details shall be provided through Service information pages.
- The Company may regulate the time frame that the Services may be used for certain services among the Services which the Company offers; in such a case, the time shall be notified or informed to a member in advance.
- A member may assign their authority by designating a manager, etc. under their responsibilities, and may amend or revoke such delegation based on their needs. The Company deems any action performed by a manager, etc. which was delegated by a member as the action performed by the member.
- The member, in utilizing the Services, shall operate their service compliant with applicable law, such as the Act on the Consumer Protection in Electronic Commerce, etc., the Act on Promotion of Utilization of Information and Communications Network, and other laws related to electronic commerce. However, if the electronic commerce activities are performed on foreign nationals, the law of the country of origin of each respective customer shall be complied.
- The Services provided by the Company are purposed to allow the use of services so that a member may engage in transaction of products, or brokering of telemarketing business. The Company shall not be liable to any product which an individual member registered on the Services unless there is an intentional or negligent tort by the Company.
- A member may be required to meet certain eligibility criteria to vend certain theme category of products; in such a case, the member may register and market products after such eligibility criteria has been confirmed.
Article 11 (Service Fees)
- The Services of the Company may be classified into paid and free Services. A breakdown of the fees shall be indicated within each Service.
- The Company shall invoice Service Fees and others on each Service requested by a member as per the invoicing standards for the respective service.
- The Company may amend the Service Fees after notifying a member based on an excessive hike in the costs associated with providing the Services or changes of the market environment.
- If invoiced service fees are in arrears, the Company may restrict the use of free Services and Services which are in arrears.
- A member shall remit payment for Service Fees under their own name. If the payment is submitted under the name of another person, the member shall notify the Company payment details to confirm the processing of the payment, so that the request or extension of Services are not omitted from processing. If the use of service is interrupted due to failure to comply above, the Company shall be indemnified of any associated liability unless there is an intentional or negligent tort by the Company.
Article 12 (Fees on the Sale of Intangible products)
- The Company shall impose Service Fees on the sales amount of member's contents or other intangible product, besides the payment processing fees from Electronic Payment Agency Company with which the member is associated, for the operation of the Services.
- The Company shall impose fees on the total sales amount of the member's contents or other intangible product and shall receive the calculated amount on monthly basis through the Electronic Payment Agency Company with which the member is associated.
- A member shall receive the amount where Service Fees and payment processing fees for the Electronic Payment Agency Company as prescribed in paragraph 1 had been deducted from the total amount of sales on the member's contents or other intangible product, through the account, etc. registered upon the contract with the Electronic Payment Agency Company.
- Notwithstanding, any member who is not a business owner of the Republic of Korea, shall utilize the Services after agreeing to separate terms of service pertaining to the provision of Services and Fees processing when introducing the service of contents sale or donations.
Article 13 (Use of Affiliated Services)
- A member shall, if intends to utilize an affiliated service, request for the service use by entering the affiliated service user agreement with the provider of the affiliated service, or entering agency agreement with the Company.
- A member may freely choose and utilize the affiliated services they intend to use. Notwithstanding, the Company may notify of any services required by the law (including buyer protection service and customer verification service) and recommend the use of such services.
- The Company shall not be liable to any issues under an affiliated service entered between the provider of the affiliated service and a member incurring without the company's negligent act.
- The termination and refund on the affiliated services shall be processed based on the policy of the affiliated companies, and the Company shall notify of the information and refund policies on any affiliated service on the webpage for the respective affiliated service.
- If there are any changes in an. affiliated service, the Company shall notify of any details of the changes thereof and the effective date based on Article 6.
- If the contract with an affiliated company pertaining to an affiliated service terminates or expires, the Company may terminate the provision of the affiliated service by notifying the termination of the contract and the date of termination as per Article 6.
Article 14 (Interruption of the Provision of the Services)
- If the Company faces inevitable circumstances such as regular inspection, system upgrades, required augmented installation or maintenance operation of the facilities for the Services, the Company may completely interrupt the provision of the services after notifying the related information and the time of resumption according to Article 6.
- If the interruption of service usage is required through legal proceedings as a legal dispute has arisen between the Company and a member or a third party, the Company may temporarily restrict the utilization of the Services.
- The Company, under the circumstances prescribed under the following subparagraphs, may interrupt the provision of a part of, or the entire Services without prior notification.
- Normal use of services is disrupted due to national emergencies such as natural disasters and war, etc., power outage, disruption in the facility for the Services and excessive surge in service access.
- Unexpected occurrence of hardware (including disks) disruption, system failure, or disruption from external telecommunications services, energy services or infrastructural facilities-based telecommunications businesses
- External breach such as distributed denial of service (DDoS) attack which is out of control of the company, has been predicted or has commenced
- A member's use of services is acting as a conduit of distributed denial of service (DDoS) attack or other external breaches
- Attempt by another person to disrupt the services has been identified based on the risk on the network
- Urgent operation is required due to emergent securities issues
- Uncontrollable technical or operational disruption has been identified
- Other reasons that clearly necessitate the disruption of services without prior notice
- The Company shall not be liable to any damages to a member incurring from service disruptions due to the reasons enumerated in this Article, unless there is an intentional or negligent tort by the Company.
Article 15 (The Company's Rights and Responsibilities)
- The Company shall, other than the cases prescribed in Article 14, provide the services faithfully as per this Terms of Service, to ensure stable usage of the services for the members.
- The Company shall strive to the best of its ability to maintain and repair facilities and equipment for the Services, and provide timely restoration or repair if there is any disruptions.
- In principle, the Company shall process the legitimate request or claim by a member, such as submitted suggestions, in a timely manner. However, if the processing of the request herein is delayed, the reason for delay and timeline for processing shall be notified as per Article 6.
- All rights on the Services provided by the Company and all associated images pertaining to the Services shall be reserved to the Company, and any member shall only be assigned with the license to use for the Services offered by the Company.
- The Company shall not be liable in any way for the products, images, or related information offered by a member within the website.
- The Company may construct statistical resources by collecting and utilizing product transaction history, sales amount, and the volume of member access, etc., which are generated by members utilizing the Services, and the Company may utilize the resources thereof for the purposes of improving the Services, implementing for the Company's other Services, and development of new Services.
- The Company may take necessary measures to any issues such as restoration of system failure or error, or other urgent technical or managerial issues, by accessing the admin privileges on a member's website.
- When requested by a member, the Company may review essential configurations for service operation, including the name of the business, payment methods, currency settings, exchange rates, and loyalty points by accessing the admin privileges of the service created by the member.
- If a registered product or associated information has been deemed to be illegal information while a member utilizing a service and receives notice of certain administrative disposition from a competent agency such as Korea Communications Standards Commission, the Company may take a follow-up measure for such action; if a member is determined to be engaging in the Services for the purpose other than the ones prescribed under this Terms of Service, the product and associated information may be removed without prior notice to the member.
- If the company receives the request of Seoul Electronic Commerce Center to suspend Services because a member provided false business information in engaging in electronic commerce, the Company may restrict the updates and entries on the repeated information page and the use of the Services.
- The Company may utilize profile or the product information the member has registered in the Services for the purpose of providing Services as prescribed in Article 9, paragraph 1 or promotion of the Services themselves, and the profile or the product information thereof may be modified or edited to be utilized if necessary.
- If a competent agency including investigative agency or the Court requests the submission of resources pertaining to a members use of the Services under applicable law, the Company may provide the resources thereof without consent of the member.
- The Company may verify the information related to the member identity, etc. In order to prevent money laundering and financing of terrorism, and the member shall cooperate with such measures to utilize payment and settlement services.
Article 15-1 (Company's acquisition of the license on sales and operations of member contents)
- The Company acquires a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license from the member to use, reproduce, distribute, perform, publicly display or prepare derivative works of the member's contents in order to allow the Company to provide and promote the sales of a member's contents through digital voucher, subscriptions or memberships to end-users registered to the Service.
- All earnings generated based on this license - total sales amount of licensed contents - shall be provided to the member after deducting the payment processing fee and the Service fees described in Article 12 of this document.
- A member may not post creations that infringe others' intellectual property or proprietary rights.
- The Company may ask a member for consent verification for collaborators depicted in contents sold via the Services.
- End-users may not use the creations posted by members in any way not authorized by the member associated with such creations.
Article 16 (Rights and Responsibilities of a Member)
- The Company shall frequently review the applicable laws, the provisions under this Terms of Service, operational policies and guidelines provided by the Company and utilize the Service in compliance with the regulations thereof. Any issues arising from member misunderstanding or not reviewing the pertinent regulations thereof shall not be liable to the Company unless there is an intentional or negligent tort by the Company.
- The member determines affairs in operating their website at their discretion, and takes all the responsibilities related to operating the website.
- The contents under sales condition of the products shall be provided by a member directly, and any liability arising from inability to provide contents that are suitable for sales condition, or performed incompletely in violation of this provision shall be imposed on the member. Upon recognizing that there is a difficulty in providing requested contents, etc., the member shall notify of the reasons for such difficulty to an end-user without delay; the member shall provide a refund or take measures necessary for a refund within three business days since the member notified of a part of or the entire payment amount to a purchasing member.
- Any member shall not engage in abusive commercial practices such as the sale of a defective product that may damage the reputation of the Company, delay in shipping, or refuse a refund.
- A member shall retain a duty to frequently back up their service data in separate storage considering the possibility of corruption or loss of service data due to various reasons based on the characteristics of the internet environment.
- A member shall comply with any applicable laws in electronic commerce and use information and telecommunications technology in pertinent jurisdictions in engaging in electronic commerce with consumers from Korea and other countries of the world while utilizing the Services. A member shall clearly provide the detailed information on the product they are providing in accordance with "the public notice on the provision of information of products in electronic commerce, etc.," by the Fair Trade Commission.
- If the products and images offered in their website are media products harmful to youth, a member shall comply with any requirements prescribed in applicable law, such as the notice on media products harmful to youth and verification of age.
- A member shall delete and control the illegal or abusive promotional comments that have been posted to their website by a user.
- A member shall not distribute or post any product or images that may adversely impact the public order, social norms or other social order, and shall not engage in any commercial practices in violation of those provisions, and shall retain a duty to comply with generally accepted commercial principles.
- If there is a plan such as executing an advertisement, events or promotions that are expected to cause a high volume of access in a short period of time, a member shall strive to prepare mutual responses after the notification of such a plan in advance to the Company; any damages arising from disruptions caused by not sharing such an instance in advance, or exceeding the mutually prepared response measures shall not be liable to the Company.
- A member shall be obligated to provide payment of remuneration and fees for paid services offered by the Company.
- When a member submits a request to member registration, an amendment to the member information, or supporting documents to the Company, any information shall be provided based on the factual information. If a member has registered false information or information of another person, the member shall not assert any claims against the Company, and the Company shall not be liable to any damages arising from the misrepresentation by the member.
- A member shall not copy, replicate, modify, revise, translate, publish, broadcast, provide to another person or utilize in any other means the information obtained through utilizing the Services without prior authorization by the Company.
- A member shall not engage in any activities pertaining to the Services as prescribed under the following subparagraphs, and violation may result in sanctions under this Terms of Service such as restriction of usage or termination of User Agreement.
- Generally prohibited activities
- Stealing an ID of another person
- Transferring or lending login information to another person
- Defaming or insulting the Company or another person and harassing another person such as stalking
- Violating another person's protected rights including intellectual property rights
- Posting, or providing a link to harmful information such as sexually suggestive information, false information or illegal information
- Causing harm to another person or the Company by hacking, disseminating computer virus, or attacking servers, and transmitting or posting any information (computer program, etc.) other than prescribed by the Company
- Transmitting massive amount of information for the purpose to disrupt the stable operation of the Services, constantly sending promotional information against the receiver's intent, and for-profit activities such as posting an advertisement or promotional material targeting unspecified individuals
- Any activities that may disrupt the Services or cause disabilities in the Services
- Transferring, giving or pledging the rights and responsibilities under this Terms of Service to another person without written consent of the Company
- Any activities involved in violation of applicable laws or criminal act
- Any activities that disrupt good social norms or other forms of social order
- Other activities that the Company prohibited through operational policy as the Company has determined the prohibition on such activities is necessary
- Prohibited activities related to transactions including registration and distribution of products
- Abusive transaction activities such as using another person's trademarks or logos and entering false information about the product in a member profile or product description
- Using the logos, images, or labels provided by the Company for the purpose or in the location other than prescribed by the Company
- When registering a product, entering information not relevant to the product on the fields for product label and description, or duplicating or repeating the same information without justification
- Constricting the legitimate rights of an end-user such as limiting the cancellation of subscription without the basis on the applicable law, in registering and distributing a product
- Vending a product without proper authorization, even though certain eligibility criteria or a permit is required to sell the product
- Vending and distributing the contents or products even though the sale or other act of performance for the type of product or content has been prohibited or restricted under the applicable law
- Not providing the required information as prescribed in the applicable law when registering a product, or entering information that violates this Terms of Service and operational policies, when registering a product
- Otherwise receiving or soliciting donations through broadcasting which contains any illegal contents
- Generally prohibited activities
- If a member violates this Article without justification, the Company may impose the following measures.
- Termination of this Agreement
- Cancellation of all orders arising from the circumstances that fall under preceding paragraphs, and reimbursement of payment amounts
- Withholding of the settled payment amount notwithstanding the settlement provisions on the agreement
- Claiming the damages and other legal actions, if the damages have been incurred to the Company due to the reasons prescribed in the preceding paragraphs
Article 17 (Reversion of Property Rights and Prohibition of Violation of Such)
- The Company shall retain copyrights and any other intellectual property rights on any works related to the Services.
- A member shall not provide to a third party, replicate, transmit, publish, distribute, broadcast, sell or engage in any other similar act, the information, technologies and resources obtained through utilizing the Services offered by the Company without the prior consent of the Company, and shall not utilize the information thereof in any for-profit purpose unauthorized by the Company.
- A member shall bear any rights and responsibilities for the posting that has been prepared by the member. However, any rights for public postings that the member provided to the Company shall be held jointly by the Company and the individual.
- If a member utilizes intellectual property rights held by a third party in entering contents or selling products, the member shall obtain the authorization for use from the holder of such rights; in this process, the member shall not violate any underlying intellectual property rights, such as trademark, patent rights, copyright, rights of personal image and name. Any posts that violate such rights shall be solely liable to the entity that provided the posts thereof unless the Company shall be responsible under the law.
- A member shall, in selling products or posting images within their website, manage the website utilizing the works that the member holds a legitimate right of. A member guarantees that marketing product and subsequently providing the contents within the Services are not in violation of the applicable law, and if any eligibility criteria or permit is required to distribute products and subsequently provide the contents under the applicable law, the member also guarantees that the product is being exchanged in compliant with all the eligibility criteria or permits thereof as required. Any disadvantages or legal liability arising from violating this paragraph shall be reverted solely to the member themselves, and the member shall indemnify the Company of any issues directed to the Company due to the violation of this paragraph; the member shall be solely liable for all damages incurred to the company or an end-user due to the violation of this paragraph.
- If a third party claims a violation of their rights pertaining to contents and product descriptions that the member has registered and utilized in the Services, the Company may take measures to remove the contents and product and restrict re-listing.
- Regarding the preceding paragraph, the Company may request resources to provide an explanation, and the member shall actively cooperate any of such requests. However, if the resources provided by a member is not the resource recognized by the Company, such as the final judgmentjudgement of the Courts, the Company may maintain the removal andend registration restriction of the contents and the products.
- A member shall indemnify the Company if any disputes arise between the third party in relation to the contents and product description registered in the Services and compensate for the damages due to the disputes herein.
Article 18 (Consent on Copyrights and Their Utilization)
- A member authorizes the Company to utilize the post that the member has published within the Services for the purposes in the following subparagraphs domestically and internationally.
- Modifying by altering the size of posts or simplifying in order to utilize the post within the Services
- Duplicating, transmitting and displaying the post in the Services or other connected services which are operated by the Company or its associated companies. Notwithstanding, the authorization shall not be in effect if the member notifies the administrator of their opposition to duplication, transmission, or display of the posts via e-mail.
- Having the post reported or broadcast through digital marketing channels including media outlets and social media, and telecommunications businesses in order to promote the Services of the Company
- Notwithstanding the preceding paragraph, if the Company provides the post to a third party for the purpose other than the ones specified in each subparagraph of the preceding paragraph, and receives monetary remuneration, the Company shall obtain the consent of the member in advance through telephone, e-mail or any other means of communication. In such a case, the Company shall provide the member with a separate compensation.
- If a member publishes a post within the Services, the Company deems that the member agrees to the use of the post for the purpose of providing customized search results, personalized advertisements, and other functionalities that are tailored to each user. Also, the Company utilizes the user contents to detect abusive cases including spamming, malware, or illegal content through the analytics process.
- If a member terminates the User Agreement, the Company may remove the post created by the member. However, the Company shall not remove posts necessary for the utilization of services of other members, such as posts that had been re-posted through scrap or share function by a third party or comments posted by another member.
- If the consolidation between websites operated by the Company is implemented in accordance with Service Management Policies of the Company, the Company may provide services by modifying or transferring the location of the posts, or through sharing the posts among the websites.
Article 19 (Protection of Personal Information)
- A member shall not utilize for any purpose other than the ones prescribed by the terms of service and the privacy policies which the member agreed to during the sign-up process or disclose to a third party any personal information of another person such as an end-user that has been obtained through the utilization of the Services and shall strictly protect the personal information thereof in accordance with the applicable law, this Terms of Service, and management policies, etc.
- If a member violates this Article and a complaint has been made from another end-user, etc., the accountable member shall indemnify the Company, and solely bear the civil and criminal responsibilities as prescribed by the applicable law.
- The Company may conceal the personal information of an end-user who had been exposed to a member to provide, fulfill and manage the contents based on the sale of a product after a certain time has elapsed in accordance with the company's policy.
Article 20 (Management of the System)
- The Company may upgrade the system or change a partner company to provide a better quality of service. In such a case, in order to prevent the confusion of users, the upgrades or changes thereof shall be notified in advance in principle.
- If the Company determines that an individual system may cause the overloading of the overall system, the Company may restrict the utilization of the Services after prior notice to the administrator of the individual systems herein.
Article 21 (Management of Security Systems and Obligations)
- If a defect, disruption, or issues of similar severity of the program arises and it requires to be addressed quickly, the Company shall patch or implement emergency changes to the systems on member information and other related systems; if an issue poses a grave danger in information security and needs to be addressed in a timely manner, the Company may implement emergency changes on the information related to the verification of customers. Regarding the measures herein, the Company may notify of the measures posteriorly, if the issue has posed the matter of urgency that had disallowed the Company to notify in advance.
- A member shall not engage in any activities prescribed under the following subparagraphs, which may threaten the security of the Company or other members.
- Disseminating malware, including computer viruses
- Vulnerability scanning and illegal breaching targeting member information systems and other systems
- Disrupting normal operation of Services by generating a massive volume of traffic
- Any activity that arbitrarily tests, modifies, or accesses the system without prior consultation with the Company
- Other breaches that may disrupt the operation of the Company
- The Company may notify of the security measures under this Article posteriorly or may not provide notification if the Company identifies urgent necessity to ensure the provision of the Services and the protection of the members' rights.
- The Company may terminate the Services on a member who has engaged in any of the activities prescribed under each subparagraph of the preceding paragraph 2.
- The Company shall proceed with the measures under this Article in good faith to prevent damages to the members. However, if an inevitable action that has been proposed to ensure the safety and interest of the general community of the members have incurred individual damages to some members, the Company shall not be liable unless there is an intentional or negligent tort by the Company.
Article 22 (Managing the Data)
- If the services fees are in arrears for more than one month, data backup services may be suspended; if the service fees are in arrears for more than 6 months, the existing data other than the data which the Company is required to retain under the applicable law may be removed with individual notice of no less than 30 days.
- The Company may collect and store user log data of the Services (information on web operation activity and forms of visit analyzed based on the data footprint of the visitors) in order to provide users with better access statistics services.
- Log data as prescribed in the preceding paragraph shall only be used for access statistics service that the Company provides to a member and duration of retention and utilization of the information shall be governed by the internal policies of the Company and applicable laws.
- If the existing plan is transferred to an upgraded service plan, services in the upgraded plan are available from the point when the transfer process has been completed.
Article 23 (Succession of the Status)
- If a reason arises for a member to succeed the legal status entered with the Company due to inheritance, merger, split, transfer or acquisition, the member shall request the transfer and the acquisition based on the methods and procedures as specified by the Company.
- The Company may refuse a member's request for the transfer and the acquisition when the member fails to provide the required documentation for the process of the transfer and the acquisition (e.g., certificate of seal, identification papers, identity verification papers) because the member is a foreign national or any other reasons.
- The succession of status shall be completed through the completed submission of the required documents for the succession of status as designated by the Company and with the approval of the Company. Notwithstanding, if there is an outstanding service fee in arrears or the Company determines there is a probability of legal disputes, the Company may withhold or refuse the succession of the status.
- For affiliated services unable to succeed the status (payment services, purchase safety services and promotion services, etc.), a member shall terminate the existing agreement and the successor shall re-register in their name.
- A successor who succeeded the status under this Article shall retain all rights and responsibilities under this Terms of Service and any agreement the previous member had entered with the Company at the same station with the preceding member of the Company.
Article 24 (Termination of the Agreement)
- A member who utilizes the b.stage Plus Plan through a separate agreement shall provide the intention to terminate no later than one (1) month prior to the intended date of termination, if the member intends to terminate the use of service.
- If a member has not completed or canceled every transaction in progress, the user agreement shall terminate when all complete course of measures have been taken on the pending transactions, and the Company may allow re-registration after a specified period. However, the previous user data may not be recovered.
- If any of the causes specified under the following subparagraphs arises, the Company may terminate the User Agreement.
- A member had received a request to remedy the violation of applicable laws, this Terms of Service, and operational policies, and has failed to provide remedies within seven (7) days since receiving the request
- A member cannot fulfill the User Agreement due to suspension of financial transactions due to attachment or provisional attachment, commencement workout or bankruptcy procedures, administrative dispositions including suspension or revocation of business licenses, preservative disposition on major assets, transfer of business or merger
- The Company has sustained tangible or intangible damages such as defamation because a member had violated applicable laws or other reasons imputable to the member
- The cause prescribed in Article 7, paragraph 2 has been identified
- A member has transferred or lent the account login information to another person
- It is determined that a member is difficult to utilize payment and settlement services based on applicable laws
- The Company decides to terminate the Services as a managerial decision
- A member has stolen another person's ID, password or identity in requesting Services or using an identity that is not associated with an actual name
- A member utilizes the Services outside the scope sanctioned by the Company
- There is a request to terminate the Agreement from agencies or institutions such as the Ministry of Science, ICT, and Future Planning, Central Radio Management Service, Korea Internet & Security Agency
- A member engages in an activity that disrupts the operation of the Company or requests excessive service without proper grounds in the regulations
- A member infringes applicable laws, b.stage member Terms and Conditions, or this Terms of Service
- Otherwise, the Company determines based on the reasonable cause that the termination of the user agreement is necessary
- If there is an on-going transaction, inquiry or complaint in progress or the user access had been suspended due to the suspension of usage under this Terms of Service, a request to withdraw membership may not be able to be processed; in such a case, the membership withdrawal and termination of the user agreement may be processed after the member has resolved such causes herein, based on the provisions of this Terms of Service and operational policies.
- Termination of the User Agreement under this Article shall not impact the relationship of rights between the Company and a member that had already incurred as well as the claim for the compensation of damages.
- If the service is suspended by the termination of the contract, the Company shall be exempted from liability in the event of any disadvantage to the member under the terms and condition agreement.
Article 25 (Settlement After the Termination of the Agreement)
- If there are service fees in arrears, a member shall pay through the process designated by the Company; if a member with the remaining duration of service requests withdrawal of membership, the cessation of services and subsequent damages shall be liable to the withdrawing member.
- A member shall delete all ongoing content, fulfill the sales conditions of the products already sold, and take measures to provide refunds if required, prior to notifying the intention to withdraw membership, and any legal liability or disadvantages from failure to fulfill those requirements shall be solely imposed to the member. Also, any provision pertaining to the responsibility of the member arising from the product that had been sold before the termination of the agreement shall remain effective.
- If a member requests to transfer their services to another provider, the Company shall provide support to the transfer efforts considering the timeframe available to the Company. However, the services may be disrupted for one to two days in transfer due to the porting of the cache, etc. of the name server. As such disruptions are not avoidable due to the characteristics of the internet environment, the Company shall not be liable for the damages arising from such disruption.
- If the utilization of services has been terminated, the monthly Service fees shall be charged prorated by daily; any fees that have been already paid shall not be reimbursed.
Article 26 (Restriction of Usage)
- The Company manages a user's personal information and user ID separately as a dormant ID if the user has not logged into the website or utilized the Services for one (1) year or more. The information of dormant members will be stored separately, and will be destroyed and withdrawn after 3 years of dormant processing. However, the members' e-mail information is essential information necessary for the operation of the service and is not subject to separate storage.
- If a member is the representative administrator of an individual stage, he/she will be excluded from the list of dormant treatment for the stable operation of the member's stage.
- The Company shall fulfill the duty of providing notice to a member subject to being switched to dormant ID 30 days prior to the change; If an attempt is made to log into the site using a dormant ID, it automatically switches back to a user ID after basic information requested during the sign-up process.
- The Company may switch a member to a dormant status if the member has not accessed the administrator's account for three (3) months or more. However, the account shall be re-opened if a member accessed it again within a period shorter than three (3) months.
- The company may restrict the use of the service if the member does not access the administrator(admin) for more than 3 months and there have been no content registration during the set period of time and therefore the company would like to inform the member to back up the product information and design of the service being used for a specific period.. After the specific period time is expired all information can be deleted. IN this case, the company is not liable for damages to members due to the services use restriction and information deletion. However this would not be the case if the member is paying the service fee or if the valid transaction of the user member is continuing.
- User Access Restriction measures are classified into the limited exposure to unsuitable contents and product, warning, user suspension for a defined period, permanent user suspension, and required withdrawal of membership. Registering of new content and the sale of the already registered products shall cease during the period of user suspension.
- The Company may limit the user access to the Services under the circumstances in the following subparagraphs.
- The service has been utilized for a purpose other than operating a legitimate electronic commerce business
- A request from an agency or institution such as Korea Communications Commission, Game Rating and Administration Committee, Seoul e-commerce center, the Ministry of Science, ICT and Future Planning, Central Radio Management Service, or Korea Internet and Security Agency has been received to suspend the user access
- A user has engaged in an activity to defame or insult another person
- A user has engaged in an activity that violates the right of another person
- A user has been involved in criminal activity or has violated other applicable law
- A user utilizes or the Services has been used for disseminating computer viruses, malware, engaging in hacking or attack on servers
- Transmitting the massive volume of information that may disrupt the stable operation of the Services, or continuously transmitting promotional information against the explicit intent of the recipient
- Engaging in any activity that disrupts another person from utilizing the Services, or providing the same services that the Company offers
- Moving, modifying or disintegrating a part of, or the entirety of the Services, or connecting to another service without the prior consent of the Company.
- The Service fees have been in arrears for 90 days or longer
- Providing false information on the Services
- A user violates any separate requirements associated with the Services including this Terms of Service and supplementary agreements
- The Company determines that the management of the website has not been performed at all with repeated unfaithful responses including delay in issuing the contents, failure to provide guaranteed benefits or failure to respond
- The member's access to the Services causes the overload of the general systems
- Sale of products of the theme which a member pursues and subsequent activity of providing contents are in violation of applicable laws
- A member has failed to fulfill the contractual or financial obligations pertaining to access to the Services
Other activities that violate miscellaneous applicable laws, this Terms of Service and Operational Policies
7. When imposing the usage restriction to a member, the Company shall provide notice through a phone call or e-mail unless otherwise specified in this Terms of Service; in extenuating circumstances, the notice may be provided posteriorly after imposing the restrictions first.
8. If the Company imposes measures including the usage restriction, the member may request the withdrawal of measures after resolving the reasons for imposing such restrictions; the procedures in lifting the restrictions shall be governed by thesethis Terms of Service and operation policies.
9. The member shall be liable to damages incurred to the end-users due to the restrictions based on this Article (including the suspension of posting privileges) and shall indemnify the Company of the liabilities hereunder.
Article 27 (Confidentiality)
- A member shall not disclose externally or to a third party, or utilize outside the scope of the purpose prescribed under this Terms of Service any information such as trade secrets of the Company obtained in process of utilizing the Services; a director, employee, agent, user and other stakeholders shall bear the same obligation.
- Confidential information refers to all information provided by one party (“informer”) to the other party (informant) in relation to the fact of the conclusion itself and no matter what the record may be within given.
- The obligations prescribed under the preceding paragraph shall be maintained after the termination of the User Agreement.
Article 28 (Prohibition of Transfer)
- A member shall not transfer, give, assign, sell or pledge to a third party any of the rights and responsibilities under this Terms of Service without the prior written consent of the Company.
- The Company shall have an authority to refuse the provision of Services if a member violates this Article, and may terminate the User Agreement.
Article 29 (Compensation of Damages)
- The Company shall be liable for any damages incurred to the counter-party by violating this Terms of Service due to the reason imputable to the party.
- The Company shall not be liable to any damages for a service offered free of charge within the Services unless there is an intentional or negligent tort by the Company.
- Notwithstanding, compensation for damages due to cessation and disruption of the Services arising from an intentional or negligent tort by the Company shall be provided based on the following provisions considering the characteristics of the internet environment.- If disruption or cessation lasted 3 hours or more, the amount of compensation shall be five times the amount of an average daily services fees from the last 3 months (if less than 3 months, the duration of utilizing the Services) multiplied by the duration of cessation of disruption divided by 24. However, the duration of cessation or disruption of Services shall be counted after the member notifies the disruptions herein to the Company.
- Notwithstanding the preceding paragraph, the Company shall not be liable to any damages incurred by service that is not directly operated by the Company, such as an affiliated service.
Article 30 (Limitation of Liability)
- The Company only provides a transaction system that allows the performance of telemarketing business between a purchasing member and a member, and shall not be liable to product description registered by the member. If a dispute arises pertaining to the transaction of products between a purchasing member and a member, the Company shall not be involved in the dispute, and all liabilities resulting from the dispute thereof shall be solely imposed on the member. If a third party claims for any legal responsibility, civil or criminal, against the Company pertaining to the transaction of products, the involved member shall actively cooperate to resolve the issue; if any damages are incurred to the Company regarding such dispute, the member shall compensate for the damages thereof.
- Upon the request of a legitimate right holder, the Company may remove or modify the product description in question, and a member shall not claim legal liability such as compensation for damages due to such an action.
- The Company shall not provide any guarantee as to the accuracy and reliability, etc. of any information, resources, or facts published or transmitted by a member through the Services. The Company shall not bear any responsibility to conduct a review on a post by a member before registration, or monitor or examine the contents of the post at all times, and shall not be liable for any consequences arising from the post.
- The Company shall assume any liability pertaining to any disruption for the service access arising from the reasons imputable to a member.
- The Company shall not bear any liability pertaining to the unexpected occurrence of hardware (including disk) disruption, system failure, or disruption from external telecommunications services, energy services or infrastructural facilities-based telecommunications businesses without a reason imputable to the Company.
- The Company may temporarily interrupt the provision of the Services for a reason such as the maintenance, inspection, replacement or malfunction of information and telecommunications facilities or communications outage, and the Company shall not be liable unless there is an intentional tort or gross negligence by the Company.
- The Company shall not bear any liability if the member's data within the server has been partly or entirely damaged or lost due to hardware failure or defect, or disruption of a communications network; for unexpected malfunction or failure of mechanical equipment such as servers, etc., the Company shall not be liable in any way unless there is gross negligence by the Company.
- The Company may restrict a member's service access if an uncontrollable external breach such as distributed denial of service (DDoS) has been predicted or has commenced and any unexpected damages incurring to the member from such service disruptions shall not be liable to the Company without a reason imputable to the Company.
- The Company does not have any obligation to be involved in a dispute between members or between a member and the third-party in connection to the Services, and shall not bear any liability to damages arising from the disputes thereof.
- The Company shall not be liable in any way to the utilization of services offered free of charge.
- The responsibility to provide services shall be exempted when the service may not be provided due to natural disasters or similar force majeure.
- If the Company becomes a subject of a lawsuit by a third party or liable for a legal responsibility because a member has violated copyrights of the third party, the member shall bear the responsibility to indemnify the Company and compensate the damages incurred to the Company.
- The Company shall not be liable in any way for the damages incurred to an administrator due to excessive network or server loads by launching an excessive event without prior consultation with the Company.
- In the process of a member utilizing an external service affiliated with the Company, any damages incurred to a member due to unilateral policy change by the external service provider shall be liable to the external service provider, and the Company shall be indemnified.
- The Company may provide instructions to review the information of a member to an end-user under the applicable law, and the member shall bear all liabilities arising from failure to provide such information or misrepresentation.
- The Company shall not be liable to any damages by a member disclosing or providing their personal information or login information unless there is an intentional or negligent tort by the Company.
- The Company entering a Service User Agreement with a member does not constitute the confirmation and affirmation that the member does not violate applicable law in merchandising products, and the Company shall not be liable for any activities of the member violating the laws and regulations.
- Any damages to a member incurred due to failure to fulfill the responsibility to review the changes in miscellaneous applicable laws, this Terms of Service, or Operation Policies, notifications and notices intended for members shall not be liable to the Company unless there is an intentional or negligent tort by the Company.
Article 31 (Applicable Laws and Resolution of Disputes)
- The laws of the Republic of Korea shall be imposed on all disputes arising from this Terms of Service and shall be construed in accordance with the laws of the Republic of Korea.
- If a dispute arises pertaining to this Terms of Service, both parties shall strive to resolve it amicably through a mutual agreement. Notwithstanding, if the dispute has not been resolved, the lawsuit shall be filed to the Court of competent jurisdiction under the Civil Procedures Act.
- If the contents of these English terms and conditions conflict with the contents of the Korean terms and conditions, it will be judged based on the Korean-based terms and conditions.
This Terms of Service Shall be in effect on or after November 30, 2022.