Article 1 (Purpose)
The purpose of these General Terms and Conditions is with respect to uses of the services provided by SMARTSTUDY Co., Ltd. (hereinafter referred to as the “Company” or the “SMARTSTUDY”), to provide rights, obligations, duties, and any other necessary matters between the Company and members.
Article 2 (Definitions)
The definitions of terms used herein shall be as follows:
① "Services" shall refer to the services of the Company that the members can use regardless of the terminals (including various wire and wireless equipment such as PCs, TVs, mobile terminals).
② "Members” shall refer to customers who get access to the services, enter into the user agreement with the Company, and use the services provided by the Company.
③ "Pay Services" shall refer to various types of online digital content (including various types of information content, VOD, items and other pay content) and relevant services provided for pay by the Company.
④ "Posts" shall refer to information type of writings, photos, moving images including signs, letters, voices, sounds, videos, moving images placed on the services, and various kinds of files, links, etc. posted on the services when the members use the services.
⑤ “Cyber Points” shall refer to virtual data on the services of no marketable or proprietary value that the Company may at will determine, adjust, or recover to ensure efficient uses of the services.
Article 3 (Posting and Modification of General Terms and Conditions)
① These General Terms and Conditions shall come into effect when the Company posts on the screen of the services or notify in any other way the content of these General Terms and Conditions in order to ensure that the members can easily know of the content. ①
② The Company may modify these General Terms and Conditions to the extent that it does not violate applicable laws including the Act Relating to Regulation of General Terms and Conditions and the Act Relating to Information Networks Use Promotion and Information Protection, etc. (hereinafter referred to as “Information Networks Act”).
③ In the event that the Company modifies this Agreement, it shall publicly announce the modifications by specifying the date of application and the reason for modifications according to the method in Section 1 together with these current General Terms and Conditions from thirty (30) days before the date of application of these General Terms and Conditions until a day immediately preceding the date of application; provided, however, that where the modifications of these General Terms and Conditions are unfavorable to the members, in addition to notifications, the Company shall clearly give a separate notification thereof within the services by electronic means including emails, electronic messages, the consent window for logins, etc. for a certain period of time.
④ In the event that the Company does not manifest its intention to the members within thirty (30) days in publicly announcing or notifying these General Terms and Conditions as modified under the prior Section, where the members do not manifest their express intention not to accept the modifications although it has been clearly publicly accounted or notified that the intention shall be deemed to have been expressed, the members shall be deemed to have consented to these General Terms and Conditions as modified.
⑤ In the event that a member does not consent to application of these General Terms and Conditions as modified, the Company shall not apply the content of these General Terms and Conditions as modified, in which case the member may terminate the User Agreement; provided, however, that where is a special circumstance under which the prior General Terms and Conditions may not be applicable, the Company may terminate the User Agreement.
Article 4 (Interpretation of General Terms and Conditions)
① The Company may have a separate use agreement and policy with respect to the pay services and individual services (hereinafter referred to as “General Terms and Conditions for Pay Services, etc.”), and where the content conflicts with these General Terms and Conditions, the general terms and conditions for pay services, etc. shall prevail for application.
② Any matter that is not provided herein or any interpretation hereof shall follow the general terms and conditions for pay services, etc., relevant laws or commercial practices.
Article 5 (Entering into Use Agreement)
① A user agreement shall be formed when a person intending to become a member (hereinafter referred to “Subscription Applicant(s)”) applies for membership subscription by selecting the “Consent Yes” with respect to the content of these General Terms and Conditions in first executing the service client, and the Company accepts such an application.
② After a user agreement has been formed, in order to be provided with individual customized services or any other additional services, the members may create their accounts according to the procedures specified by the Company and one (1) account shall be used for each device.
③ In the event that a subscription applicant selects the “Consent Yes” in Section 1, the subscription applicant shall be deemed to have been familiar with these General Terms and Conditions and consent to complying with any other service related operation policies (hereinafter referred to as the “Operation Policies”) and notifications, etc.
④ In principle, the Company shall accept the use of the services with respect to applications by subscription applicants; provided, however, that with respect to applications in each of the following cases, the Company may not accept the applications or may terminate the Use Agreement in the future :
1. In the event that a subscription applicant has previously lost its membership under these General Terms and Conditions; provided, however, that an exception shall be made where the applicant has obtained approval for membership re-subscription from the Company ;
2. In the event that a subscription applicant has used a third party’s name ;
3. In the event that a subscription applicant has entered false information or failed to provide the content provided by the Company ;
4. In the event that a subscription applicant has failed to obtain consent by a representative director (a parent, etc.) of children of no more than 14 years old ; or
5. In the event that it is impossible to obtain approval for reasons attributable to a use or a subscription applicant applied for membership in violating other relevant matters.
⑤ With respect to applications of Section 1, the Company may request professional agents to verify real names and certify identifications according to types of the members.
⑥ In the event that the Company does not have sufficient service related facilities or there is a problem on technology or business, it may withdraw its approvals.
⑦ In the event that the Company has not give approvals or has withdrawn its approvals under Section 2 or Section 4, it shall in principle notify the subscription applicants thereof.
⑧ The Company may subdivide and differentiate the time for use, the number of uses, service menus, etc. by dividing the members into levels according to the Company’s policy.
⑨ The Company may restrict uses of the members or place restrictions by level of members in order to comply with the levels and ages under the Act Relating to Promotion of Movies and Videos and the Juvenile Protection Act.
Article 6 (Change of Member’s Information)
① The members may read and correct their own personal information at any time through the screen of “Environment Setting” within the services ; provided, however, that terminal identification numbers (device IDs or IMEI), telephone numbers, IDs, etc. necessary to manage the services may not be changed.
② In the event that there is a change in the matters entered at the time of application for membership subscription, members shall make changes online or notify the Company thereof by e-mail or other methods.
③ The Company shall not be liable for disadvantages incurred as the members have not notified the Company of changes in Section 2.
Article 7 (Duty to Protect Personal Information)
① The Company shall make efforts to protect personal information of the members as provided in relevant laws, including the Information Communications Act. With respect to protection and uses of personal information, relevant laws and the privacy policies of the Company shall apply. In the event that a member consents to these General Terms and Conditions and privacy policies, the member shall be deemed to consent to the Company’s collection, use, provision, delegation, protection policies, etc. of personal information as set forth therein.
② The Company shall not use the members’ information for purposes other than the purpose of providing the services or provide the members’ information to a third party without consent by the members.
③ In principle, the Company for itself shall perform duties to handle and manage the collected personal information, but if necessary, it may delegate the duties in whole or in part to a third party selected by the Company.
④ Any other content relating to handling personal information, such as provisions of personal information shall be notified in detail in the “Privacy Policies” and the Company shall receive consent to the privacy policies independently of the consent to these General Terms and Conditions.
Article 8 (Members’ Obligation to Control Accounts)
① Members shall have the obligation to have their accounts under control, and shall not cause a third party to use their IDs.
② In the event that the ID of a member is likely to cause disclosure of personal information, or is antisocial or against the good social orders, or is likely to cause misunderstandings with the Company or the operator of the Company, the Company may restrict the use of the ID.
③ In the event that a member has been aware that the member’s ID has been lost or used by a third party, the member shall forthwith notify the Company thereof and follow directions of the Company.
④ In case of Section 3, even where the member has not notified or has notified the Company thereof, the Company shall not be liable for disadvantages incurred as the member has not complied with the directions of the Company.
Article 9 (Notifications for Members)
① In the event that the Company gives notifications to the members, it may do so by e-mail or electronic message within the services unless these General Terms and Conditions provide otherwise.
② In the event that the Company gives notifications to the entire members, it may replace the notification in Section 1 with posting the notifications on the website of the Company or on the screen of Notifications within the services for seven (7) days.
Article 10 (Duties of Company)
① The Company shall not engage in activities that are prohibited under relevant laws or these General Terms and Conditions, or against the good public orders and morals, and shall make its best efforts to provide the sustainable and stable services.
② The Company shall have a security system to protect personal information (including credit information) in order to ensure that the members can safely use the services, and shall publicly announce and comply with its personal information treatment policy.
③ Where the Company finds that the opinions or complaints given or brought by the members with respect to the use of the services are reasonable, it shall handle the opinions or complaints.
Article 11 (Duties of Members)
① The members shall not engage in the following activities:
1. Registering false contents at the time of application or change;
2. Misusing information of third parties:
3. Changing information placed by the Company;
4. Collecting personal information or account information of other members;
5. Using the services to transmit advertising information for profits without obtaining a prior consent from the Company;
6. Duplicating, disassembling, or copying or altering the services by reverse engineering, decompiling, disassembly, and any other processing;
7. Obstructing the normal services of the Company by causing loading to the Company’s server in employing the services in a method from the normal method, such as using automatic access programs, etc.;
8. Giving the right to access to third parties other than the member;
9. Infringing upon intellectual property rights of the Company and other third parties, including copyrights;
10. Undermining reputation of or obstructing business of the Company or other third parties;
11. Disclosing or posting on the services any obscene or violent messages, videos, voices, and any other information against the good social orders and morals;
12. Using the services for profits without consent by the Company; or
13. Performing any other illegal or unfair activities.
② The members shall comply with relevant laws, the provisions of these General Terms and Conditions, use information, instructions publicly announced with respect to the services, and matters notified by the Company, and shall not engage in any activity that may obstruct the Company’s business.
Article 12 (Provisions of Services, etc.)
① The Company shall provide the members with the following services:
1. To provide moving images related services ;
2. To provide social network services (SNS) ; and
3. To provide any other services provided to the members by its making additional developments or entering into a cooperation agreement with other companies.
② The Company may divide the services into certain scope of duties, and separately designate the available times by each scope; provided, however, that the content shall be publicly announced in advance.
③ The Company shall in principle provide the services 24 hours per day all the year round.
④ In the event that it is necessary to repair, check, exchange information communication facilities including computers, or there is the malfunction or communication disconnections of such facilities, or there is a substantial reason on operation, the Company may temporarily suspend its provisions of the services. In this case, the Company notify the members thereof in the method set forth in Article 9 [Notifications for Members]; provided, however, that where there is an unavoidable reason that the Company may not give a prior notice thereof, it may do so after-the-fact.
⑤ In the event that it is necessary to provide the services, the Company may conduct regular inspection, and the schedule for regular inspection shall follow the public announcement on the screen for provisions of the services.
Article 13 (Change of Services)
① In the event that it is difficult to provide the services in good order to aggravate profitability due to a decrease in use of the services, in the event that it is necessary to convert the services into the next generation services as a result of technological developments, in the event that there is a change in the Company’s policies related to the provisions of the services, or in the event that there are other substantial reasons, the Company may change or suspend the services being provided in whole or in part according to the operational or technological necessities.
② The Company may modify, suspend, or change the services provided free of charge in whole or in part according to the necessities for the Company’s policies or operations, and shall not give separate indemnifications to the members unless there is a special provision under relevant laws in this respect.
③ In the event that there is a change or suspension of the services with respect to the content, use method of, and use hours for the services, before the change or suspension, the Company shall give a thirty (30) days prior notice of the content, reason, date, etc. of the services to be changed or suspended on the screen of Notifications of the Company, the website, or within the services or in any other way that the members can sufficiently know thereof including messages of SMARTSTUDY.
Article 14 (Provisions of Information and Posting of Advertisements)
① The Company may provide the members with various information found necessary for the members to use the services on the screen of Notifications within the service, on the screen of the SMARTSTUDY services, with messages of SMARTSTUDY, by e-mail, etc. ; provided, however, that the members may at any time refuse to receive the information provided above except for their replies for transaction related information, customer inquiries, etc. under relevant laws.
② The Company may post advertisements relating to the operations of the services on the screen of the SMARTSTUDY services, with messages of SMARTSTUDY, or on the homepage, etc.
Article 15 (Copyrights of Posts)
① The copyrights of posts placed within the services by the members shall revert to authors of the posts.
② Where the Company intends to use the posts of a member, it shall obtain prior consent from the member by telephone, fax, email, etc.
Article 16 (Control of Posts)
① In the event that the posts of a member include the content that violates relevant laws including the Information Communications Network Act and the Copyright Act, the right holders may request the member suspend placing or delete the posts according to the procedures set forth under the laws, and the Company shall take measures under relevant laws.
② Even if there is no request made by the right holders under the prior Section, where there is a reason that the infringement of rights can be found or where there is otherwise a violation of the Company’s policies or relevant laws, the Company may take provisional measures as to the posts.
③ The details for this Article shall follow the “Posting Suspension Request Service” set forth by the Company within the scope of provisions specified by the Information Communications Network Act and the Copyright Act.
Article 17 (Reversion of Rights)
① The copyrights and intellectual property rights to the services shall revert to the Company; provided, however, that the posts of members or the copyrighted works, etc, prepared according to the cooperation agreement shall be excepted.
② Pursuant to the laws of the Republic of Korea and foreign countries, the Company shall hold, or have the ownership or license to, the copyrights and other intellectual property rights to all trademarks, service marks, logos, etc. related to the services provided by the Company, including the design of the services provided by the Company, and the transmitting functions between members for the texts, scripts, graphics made by the Company.
③ To the extent that members are not to own the services or hold the copyrights to the services under these General Terms and Conditions but to receive permission to use the services from the Company, the members may use the services in a way that the information is acquired or provided for personal purposes.
④ Except for the content expressly permitted, the members shall not duplicate or distribute the transmitting functions between members for the texts, scripts, graphics made by the Company, including using, duplicating, or distributing the information on status of members acquired through the services for profitable purpose
⑤ With respect to the services, the Company shall grant the members only the rights to use accounts, cartoon content, e-books, the cyber points, etc. according to the use conditions set forth by the Company, and the members shall not dispose of the services, including assigning, selling, offering as security the services.
Article 18 (Cyber Points)
① In order to ensure efficient use and operation of the services, the Company may adjust or collect accounts, cartoon content, e-books, the cyber points, etc. in whole or in part, and the accounts, cartoon content, e-books, the cyber points, etc. may cease to exist periodically according to a period previously set forth by the Company.
Article 19 (Rescission, Termination of Agreement, etc.)
① Members may at any time apply for termination of use agreement through the screen of “Deletion of Account” within the services, and the Company shall immediately handle the applications as provided under relevant laws, etc.
② Immediately upon termination of this agreement by a member, all data shall cease to exist expect for cases where the Company retains the member information under relevant laws and the privacy policies.
③ Upon termination of this agreement by a member, any and all posts prepared by the member shall be deleted; provided, however, that the posts loaded or scraped, etc. by third parties shall not be deleted.
Article 20 (Restrictions on Use, etc.)
① In the event that a member violates the obligations under these General Terms and Conditions or obstructs the normal operation of the services, the Company may progressively restrict the use of the services by giving warnings, temporarily discontinuing the use, permanently discontinuing the services, etc.
② Notwithstanding the prior Section, in the event that a member has violated relevant laws by misappropriating names, payments, or telephone numbers in violation of the Resident Registration Act, providing illegal programs or obstructing operations in violation of the Copyright Act and the Computer Program Protection Act, or distributing illegal communications, hackings, or malicious programs, or exceeding the rights of access in violation of the Information Communications Network Act, the Company may immediately discontinue the use permanently. In the event that the permanent use is discontinued under this Section, the benefits, etc. acquired through the use of the services shall all cease to exist, and the Company shall not provide separate indemnification therefor.
③ In the event that a member does not log into the services for three (3) consecutive months, the Company may restrict the use of the services in order to ensure protection of information of members and efficiency of the operations.
④ Within the scope of restrictions on use under this Article, the conditions and details of restrictions shall follow the use restriction policy of the Company.
⑤ In the event that the Company restricts the use of the services or terminates this agreement under this Article, it shall give a relevant member thereof under Article 9 [Notifications for Members].
⑥ Members may apply for objections to the use restrictions made under this Article according to the procedures set forth by the Company. In this case, in the event that the Company finds that the objection is reasonable, it shall immediately allow a relevant member to use the services again.
Article 21 (Limitations of Liability)
① In the event that the Company is unable to provide the services due to natural disasters or other equivalent force majeure events, it shall be relieved of responsibilities for providing the services
② The Company shall not be liable for failures of services uses incurred for reasons attributable to the members.
③ The Company shall not be liable for the content of reliability, accuracy, etc. of information, materials, facts posted by the members with respect to the services.
④ In the event that the Company makes transactions, etc. by means of the services between the members or between a member and a third party, the Company shall not be liable therefor.
⑤ The Company shall not be liable for the use of the services provided free of charge unless there is a special provision under relevant laws.
⑥ The Company shall not have the obligation or assume any responsibility to inspect the content and quality of the products or services advertised by third parties on the screen within the services or on linked websites.
⑦ The Company, its officers and employees, and agents shall not be liable for damages incurred as a result of the following matters :
1. Damages incurred as a result of false or incorrect information on the status of members;
2. Personal damages incurred in the course of getting access to the services or using the services regardless of the nature and reason thereof ;
3. Damages incurred as a result of all illegal access to the server by third parties or illegal uses of the server by third parties ;
4. Damages incurred as a result of all illegal obstructions and suspensions by third parties with respect to transmission made from or to the server ;
5. Damages incurred as a result of all viruses, spywares, or any other malicious programs illegally transmitted or distributed or caused to be illegally transmitted or distributed by third parties with the use of the services ;
6. Damages incurred as a result of errors, skipping, omissions, destructions, etc. of the transmitted data ; or
7. Various types of civil or criminal responsibilities resulting from defamation or other illegal activities incurred in the course of registering the information on the status of the members or using the services between the members.
Article 22 (Use of Services in Foreign Countries)
The Company provides and manages the services based on the server established within the Republic of Korea. Therefore, where a member intends to use the services in areas other than the territory of the Republic of Korea, it shall not guarantee the quality and availability of the services. Accordingly, in the event that a member intends to use the services in areas other than the territory of the Republic of Korea, the member shall decide whether to use the services in his or her judgment and under his or her own responsibility, and in particular the members shall have the obligation to comply with local laws in the course of using the services.
Article 23 (Governing Laws and Jurisdiction)
① Any lawsuit brought between the Company and the members shall be governed by the laws of the Republic of Korea.
② Any lawsuit brought between the Company and the members shall be heard by a competent court of jurisdiction provided under the Civil Procedure Act.
(Date of Implementation) These General Terms and Conditions shall be implemented from June 1, 2013.