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User Agreement for members of Korea Culture and Content Agency ("KOCCA") Chapter 1 General Article 1 Purpose 1. This User Agreement ("Agreement") stipulates matters with respect to the terms of use and relevant procedures of the site operated by Korea Culture and Content Agency (hereinafter "KOCCA"). 2. It is advisory for you to fully understand the contents with regard to member subscription. This Agreement is applicable to all members who use the site operated by this KOCCA. To read and understand this is solely your responsibility. Article 2 Announcement and effect of this Agreement 1. The contents of this Agreement shall be valid and effective upon announcement to the member through display on the service screen or any other methods. 2. KOCCA may amend this Agreement. The amended Agreement shall be valid and effective upon announcement by the same method specified in the Paragraph 1. 3. Member subscription means a subscription as a member (hereinafter "Member") of KOCCA site, further meaning that the Member agrees to the terms and conditions of KOCCA site. KOCCA has a right to change the whole or a part of the terms and conditions of the site always either with a notice or without a notice. Please bear in mind of this to avoid a further mistake because an objection cannot be raised due to the failure in a fast reply or the lack of a notice with respect to such change. Article 3 Matters not specified in the Agreement Matters not specified in the Agreement shall be in accordance with the provisions of Framework Act on Telecommunication, Telecommunications Business Act, Framework Act on Electronic Commerce, Digital Signature Act, Door-to-Door Sales, etc. Act and other relevant regulations. Article 4 Definitions of terms The definition of the terms used in this Agreement shall be as follows: 1. Member: the person who executes the contract with regard to use of service with KOCCA 2. ID: the combination of characters and numbers selected by Member and approved by KOCCA in order to identify Member and to use the service by Member 3. Password: the combination of characters and numbers selected in order to protect Member's secret in communication 4. Termination: the representation of an intention by KOCCA or Member to terminate the contract to use a service after using a service Chapter 2 Contract to Use Service Article 1 Conclusion of contract to use 1. In case one clicks the button of "Agreed" after reading this Agreement at the time of application to a service subscription, it shall be deemed to have agreed to this Agreement. 2. The contract to use shall be concluded upon acceptance by KOCCA with respect to Member's application to use. 3. The applicant who wants to use a service by a subscription to Member shall provide true, accurate, current and complete information about yourself as requested by KOCCA. 4. It shall be the principle to conclude the contract to use with 1 ID per Member. Article 2 Application to use The application to use shall follow the online form of application to subscription. Article 3 User withdrawal User can ask to cancel the member's registration whenever user wants (User withdrawal), and KOCCA immediately go through relevant user's register cancellation process after the request. (E-Mail: ceis@kocca.or.kr) Article 4 Approval of application to use KOCCA shall approve the application when Member makes an application to use by accurately providing all the items stipulated in Article 2 of Chapter 2. Article 5 Disapproval of application to use 1. KOCCA may deny the registration with respect to the following application to use or it may modify or delete Member's information without any notice to Member even after such registration. 1) If one makes an application under other's name 2) If one makes an application with a false representation on contents necessary at the time of an application to use 3) If one makes an application in order to obstruct the social good order and social morals and good manners 4) If one is registered as a person in a credit delinquency pursuant to Use and Protection of Credit Information Act. 5) If it is difficult to approve a use due to the occurrence of other causes of event caused by an applicant to use 2. KOCCA may not approve the following application to use until the cause of event to restrict the approval shall be dissolved. 1) If KOCCA does not have a room for facilities 2) If KOCCA has an obstacle in terms of technology 3) If KOCCA deems to be necessary 3. KOCCA shall give a relevant notice to an applicant to use if such application is disapproved or its approval is restricted. Article 6 Modification to items of contract Member shall conduct an online modification in case items specified at the time of an application to use are changed. Article 7 Sharing of Member information 1. Member's information may be shared when KOCCA makes an alliance, an acquisition, a spin-off, or a merger with other entities for a better service. 2. In case of an event where several giveaways are offered, registration information of a prizewinner may be shared by a consultation with the sponsoring company with respect to giveaways. 3. In case a cause of event of Paragraphs 1 and 2 occurs, KOCCA shall give a notice on a relevant detail to Member. Article 8 Use of additional Member information KOCCA shall use Member's additional information (Member's personal schedule, etc.), which is provided when Member uses a community service, only for management and statistical purpose. Article 9 Provision of information KOCCA may provide Members with Member's service use and KOCCA's various events or information service via e-mail, correspondence or mail, etc. Article 10 Protection of personal information 1. KOCCA shall obtain consent from the relevant user when KOCCA collects personal information of a user. 2. In case personal information is used in an interior management purpose, a statistical purpose and a purpose other than Article 6 of Chapter 2 or personal information is provided to a third party without any consent from a user, lost, stolen, disclosed, or altered, all the liabilities with respect to relevant losses or damages of a user shall be borne by KOCCA. Chapter 3 Use of Service Article 1 Use of Service It shall be the principle to use a service for 24 hours a day available throughout the year unless there is any particular impediment in terms of KOCCA's business or technology. Provided, however, that a service may be temporarily suspended with a prior notice if KOCCA deems necessary for the purpose of a service improvement such as a regular inspection, etc. Article 2 Suspension of a service provision KOCCA may suspend a service provision in the following cases. 1. If it is unavoidable for the purpose of a repair in facilities, etc 2. If a basic communication business person in accordance with Act Telecommunications Business Act suspends telecommunications service 3. If any other cause of event that the company cannot provide a service occurs Article 3 Deletion of file information and deletion of Member's authority 1. KOCCA may delete Member's information and personal information if it finds such deletion necessary due to the lack of room with regard to capacity in facilities for service purpose. 2. KOCCA may inspect Member's information and personal information without any prior notice if it finds that there is a problem in terms of service operation or security. 3. In case of paragraph 1, KOCCA shall give a prior notice on the relevant matter through service or e-mail. Chapter 4 Restriction in Use of a Service and Termination of Contract Article 1 Restriction in use of a service 1. Member shall be required to take measures lest he/she should fall into the following item with respect to a use of a service. If he/she falls into the following item, a use of a service may be restricted. 1) Act of illegal use of other Member's ID 2) Act with aim to do a criminal act or relating to other criminal acts 3) Act of obstructing good customs or other social orders 4) Act of damaging or insulting other's honor 5) Act of infringing rights such as other's intellectual property right, etc 6) Act of hacking or act of circulating a computer virus 7) Act of continuously transmitting certain content such as advertisement information, etc. against other's intention 8) Entire act of impeding or attempting to impede a secured operation of a service 9) Act in violation of other relevant regulations Article 2 Termination of contract 1. In case Member wants to terminate a contract to use, he/she shall make a relevant application to KOCCA by one day prior to the date of an intended termination via a service or e-mail (provided, however, that if such termination date falls on a legal holiday, two days prior to a start of a holiday). 2. KOCCA may terminate the contract to use a service in case Member violates the content specified in Article 1 of Chapter 4 and does not rectify this within a certain period decided by KOCCA. 3. In case Member whose membership is terminated pursuant to paragraph 2 makes an application to use again, KOCCA may restrict such approval for a certain period. Chapter 5 Responsibility Article 1 Member's obligation 1. All the responsibilities on the management with regard to Member ID and password shall be borne by Member. 2. Member ID and password shall not be assigned, leased, or rent to others without any prior approval from KOCCA. 3. In case his/her Member ID is used illegally, Member shall give a relevant notice to KOCCA. 4. In case contents provided in an application form to use are changed, Member shall give a relevant notice to KOCCA via a service. 5. Member shall comply with matters stipulated by this Agreement and relevant regulations. Article 2 KOCCA's obligation 1. Except the cases specified in Articles 1 and 2 of Chapter 3, KOCCA shall take measure for Member to be able to use a service at the starting date of a service provision, which is applied by such Member in accordance with provisions of this Agreement. 2. KOCCA has an obligation to provide a service in a continuous and secured manner in accordance with provisions of this Agreement. Provided, however, that KOCCA shall not be liable for Member's loss of personal information in case of unavoidability. 3. KOCCA shall not disclose or distribute Member's personal information to others without any consent from the relevant Member. Provided, however, that it may not be the case if there is a request from governmental authorities, etc. in accordance with relevant regulations such as Telecommunication related regulation. 4. In case the opinion or complaint raised by Member is deemed just, KOCCA shall promptly settle it. Provided, however, that if a prompt settlement is difficult, KOCCA shall give a notice of the relevant details and proposed schedule in settlement to Member. Article 3 Deletion of notices or contents In case notices or contents in a service are in violation of a provision in Article 1 of Chapter 4 or exceed the duration of such notice decided by KOCCA, KOCCA may delete such without any prior notice or consent. Chapter 6 Indemnification and Disclaimer Article 1 Indemnification KOCCA shall not be liable for any losses on Member with respect to a use of a service except that such loss is caused by KOCCA's material mistake. Article 2 Disclaimer 1. In case it is impossible to provide a service due to a natural disaster or force majeure equivalent to such natural disaster, KOCCA shall be exempt from the responsibility in respect of a service provision. 2. KOCCA shall not be responsible for any obstruction on a use of a service caused by Member. 3. KOCCA shall not be responsible for any losses resulted from profit and loss expected by Member's using a service or materials obtained through a service. 4. KOCCA shall not be responsible for contents such as information, material, factual credibility, accuracy, etc. provided in a service by Member. 5. All the responsibilities with respect to losses resulted from negligence in management and use of Member ID and password or with respect to illegal use by a third party, etc. shall be borne by Member. 6. In case KOCCA bears a liability toward Member or a third party due to Member's breach of Article 1 of Chapter 4 and other provisions of this Agreement, subsequently KOCCA incurs losses, Member who breached this Agreement shall pay all the losses incurred by KOCCA and exempt KOCCA from such losses. Chapter 8 Use of Community Article 1 Restriction in use of community 1. KOCCA operates a community service in order for users to state their opinions and share common concerns. 2. The following are the items including, without limitation, ones to be able to restrict a use of a community. 1) Act of obstructing, abusing, misappropriating, threatening, harassing, or otherwise violating other's legal rights such as privacy, publicity and publishing right 2) Act of publishing, sending, posting, distributing, or circulating title, name, material, or information which is inappropriate, profane, defamatory, infringing, obscene, indecent or illegal 3) Act of uploading files, which include software or other materials protected pursuant to intellectual property rights law. Provided, however, that it shall be exempted that a user owns or manages the relevant right or obtained all the necessary agreement. 4) Act of uploading materials including virus, which can damage other's computer, corrupted file, or other similar software or program 5) Act of advertising or selling goods or services for a commercial purpose 6) Act of conducting a material research, contest, pyramid system or sending a letter of good luck 7) Act of uploading files, which a use knows or is expected to reasonably know that such file cannot be distributed legally because such file is posted by a user to another community 8) Act of forfeiting or eliminating copyright mark on software or other materials included in the uploaded file, legal or other proper attention, trademark, or marks of which can be a relevant source or origin 9) Act of restricting or prohibiting other user from using or enjoying a community 10) Act of posting obscene contents in violation of a public order, established social morals and good customs, contents advertising, propagandizing or slandering a particular religion, or other irrational contents, which cause a regional faction, etc. 3. KOCCA has a right to terminate your connection to the whole or a part of community at any time regardless of any cause without any notice. Article 2 KOCCA's responsibility 1. KOCCA shall not bear any obligation to inspect a community. However, KOCCA has a right to disclose information in order to satisfy the request from the applicable law, regulation, legal proceeding, and government or to edit, to refuse to send, or to delete the whole or a part of the information or material at the sole discretion of KOCCA. 2. You acknowledge that all the community service is a public communication, not a private one; as a result, a user's communication may be read by others in the state that you do not recognize it. An attention shall be paid to when you send identifiable information in respect of a user or children of a user to a community. KOCCA shall not manage contents, messages, or information on a community nor approve such. 3. KOCCA explicitly denies all the liability in respect of a community as well as any incident resulting from a user's participation in a community. Chapter 9 Miscellaneous Article 1 Amendment to the Agreement With respect to the amendment to the Agreement, KOCCA shall give a notice to Member for at least one week through its homepage of this service. Article 2 Dispute settlement 1. KOCCA and Member shall make every effort required to amicably settle disputes occurred in respect of a service. 2. Notwithstanding the provision of paragraph 1, in case a suit is raised due to such dispute, such suit shall be submitted to a jurisdiction of a court, which governs the address of the head office of KOCCA.
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About KOCCA
Copyright (c) 2008
KOREA CREATIVE CONTENT AGENCY
.All rights reserved E-mail :
gccinfo@kocca.kr
block, Sangam-dong, Mapo-gu, Seoul, Korea.TEL (82-2) 3153-1454 FAX (82-2) 3153-1116