Gudak (hereinafter referred to as “Gudak” or “Gudak Cam”, "Channie film", "Gudak 6") Service
Terms and Conditions of Use
1. Purpose
The purpose of these Terms and Conditions of Use (hereinafter referred to as “ToU”) shown here is to set forth the rights, obligations, and responsibilities of Screw Bar Inc. (hereinafter referred to as “Company”) and users (hereinafter referred to as “User” or “Users” depending upon context) in regards to the use of Gudak (hereinafter referred to as “Service” or “Services”), which is operated by the Company.
2. Definition
2.1. “Gudak” refers to Gudak Cam and all services related to Gudak Cam which may be used by Users, regardless of devices on which Gudak is installed.
2.2. “User(s)” refers to the member(s) who may sign into Gudak and receive services provided by the Company under the ToU.
2.3. “Member(s)” refers to the individual(s) who signed up for membership by providing his/her private information to the Company, continuously receives information about the Company, and is able to continuously use the services provided by the Company.
2.4. Terms not used under the ToU will follow related laws and service guideline.
3. Clarification, Explanation, and Revision of Terms and Conditions
3.1 The Company shall display the home page address on the service screen of Gudak which contains the content of the ToU, the name of the Company, the name of the Company’s CEO, addresses (including the address where the consumer's complaint can be handled), telephone number, business registration number and e-mail address in a way Users may easily know. The content of the ToU, however, may be visible via the web link.
3.2 The Company may revise the ToU to the extent that it does not violate related laws, such as the Act on the Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Electronic Financial Transactions Act, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the Act on Door-to-door Sales, etc., and the Framework Act on Consumers.
3.3 If the Company revises the ToU, the date of the revised ToU applies and the reasons for the revision shall be specified and announced on the service screen of Gudak along with the current ToU seven days in advance, and until one day before the application date. However, if the revision of the ToU may significantly affect the
Service usage of Users, the Company shall announce with the grace period of at least 30 days preceding the date of application and notify Users via electronic means, such as e-mail, SMS, push notification, etc.
3.4 When the Company announces or notifies the revised ToU in accordance with the foregoing paragraph, the Company will clearly notify Users that they will be deemed to have consented and agreed to the revised ToU if Users do not express their intention of refusal from the date of announcement or the date of notification to the enforcement date of the revised ToU. If Users do not express their intention of refusal in any way after such notification, they will be deemed to have unconditionally consented and agreed to the revised ToU. If Users do not agree to the revised ToU, they may terminate the use agreement.
3.5 The matters not stipulated in the ToU and the interpretation of the ToU itself shall be governed by the Act on the Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Guidelines for Consumer Protection in Electronic Commerce, etc. as determined by the Fair Trade Commission, and other related laws and practices.
4. Provision and Alteration of Services
4.1. The Company shall provide the following services:
1) Mobile photography, storage, and sharing services
2) Other incidental services to subparagraph 4.1.1) and all services which are provided to Users through the further development by the Company or affiliate agreement with other companies and the like
4.2 The Company may perform maintenance in the cases necessary for the provision of services, and maintenance time shall be in accordance with the announcement in the Service.
4.3 The Company may change the services, in whole or in part, as required for operational or technical reasons.
4.4. Users may fail to print the photographs taken, due to the differences in OS or device specification, and the Company will have no responsibility concerning such failure.
4.5. The Company shall display the reasons for changes, the details of changes, and the effective date if any changes are to be made to the Service, how to use, and the hours of service through the announcement, the push notification, etc. of the Service.
5. Interruption of Services
5.1 The Company may cease operations and services for a fixed period of time for reasons that include, but are not limited to, system checks and repairs, damages to or replacements of equipment, communication facilities and/or other technical complications.
5.2 The Company, when deemed necessary for operational and policy reasons, may modify, suspend, or change the services in part or in full, and make no separate compensations to Members unless otherwise specifically stated in related laws and regulations.
6. Copyright of Posted Contents
6.1 The copyrights of the contents that Members post in the Service are the sole property of the Company.
6.2 The contents posted by Members may be exposed to search results, the Service, or related promotions, and the contents may be modified, copied, or edited in part before display, to the extent necessary for the said exposure. In this case, the Company shall comply with the regulations prescribed by the Copyright Act, and Members may take measures such as elimination, exclusion from search results, or concealment of the posted contents through the customer center or management function within the Service at anytime.
6.3. If the Company intends to use the contents posted by Members in any other way than paragraph 6.2., the Company shall obtain Members’ consent through phone, fax, e-mail, etc. prior to the usage.
7. Management of Posted Contents
7.1. If the contents posted by Members include the content which violates the related laws, such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the Copyright Act, etc., the manager may request interruption, elimination, and the like of the posted contents in accordance with the due process, and the Company shall take a measure in accordance with the related laws.
7.2. Even without the request according to the paragraph 7.1., if the posted contents contain reasons which can be deemed as infringement of rights, or violate other policies of the Company or related laws, the Company may take temporary measures against the contents in accordance with the related laws.
7.3. The detailed procedure of this Article shall be governed by the interruption request service which the Company established in accordance with the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and the Copyright Act.
8. Membership Registration
8.1. Users shall submit membership information according to the registration form set by the Company and then to agree to this ToU to apply for membership, and the Company registers Users who apply to join as Members.
8.2. However, if the applicants have lost their previous membership status pursuant to Article 9, paragraph 2 of the ToU, the registration shall be restricted. If 3 or more years have passed since the loss of the membership status pursuant to Article 9, paragraph 3, and the applicants acquired the approval of the Company to re-register, such restriction shall not apply to them.
9. Membership Termination
9.1. Members may request to leave the membership at any time, whereupon the Company shall process this request immediately.
9.2. In any of the following cases, the Company may limit or suspend membership
1) If Members register false information at the time of application
2) If Members threaten to disrupt e-commerce in ways such as interfering with other people's use of the Company or stealing information
3) If Members use the Company to act against the laws, ToU, or the public interest
9.3. If the Company has restricted or suspended membership and the same activity is repeated more than once, or if the reason for the suspension is not addressed within 30 days, the Company may deprive Members of their membership altogether.
9.4. If Members lose the membership, the Company shall cancel their membership registration. In such cases, the Members shall be notified and given an opportunity to explain at least 30 days prior to the termination of the membership.
10. Notification to Members
10.1. When the Company notifies Members, the Company may do so by using the e-mail address designated by the Members with the Company in advance.
10.2. The Company may replace individual notice with a post on the Company bulletin board displayed for at least more than one week in the case of notification to many unspecified Members. However, individual notification shall be provided regarding the matters that have a material effect on Members’ individual transactions.
11. Gudak Service Request and Consent to the Provision of Private Information
11.1. The Members request the Services by the following or similar methods in Gudak, and the Company shall
following contents to let the Users easily comprehend when the Users request the Services.provide
1) Members’ ID(e-mail) input
2) Acknowledgement of the content of the ToU, and the Services which restricts the subscription withdrawal
3) A sign or a mark signifying the agreement to this ToU, and either acknowledgement of or refusal to the subparagraph 11.1.2)
11.2. If the Company outsources certain tasks to a third party to handle the private information of the Users, the Company shall notify and obtain consent from users for the specifics below. If any changes are to be made to the consented matters, the Company shall do the same. However, for the fulfillment of an agreement and to promote the convenience of the Users, the Company may omit the notification procedure and agreement procedure of notifying through the private information treatment policy in the manner prescribed by the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
1) The entity that processes private information (outsourcee)
2) The outsourced work involving private information
12. Establishment of Agreement
12.1. The Company may disapprove of the Service requests, such as Article 11, in the following cases below. However, in the cases of the agreement with minors, the Company shall notify the minors that the agreement may be revoked by himself/herself or the legal representative if he/she does not obtain the consent of the legal representative.
1) If there is falsity, omission, misspelling in the request
2) If deemed considerably difficult to approve purchase requests in regards to the Company’s technologies
12.2. The expression of the Company’s approval shall include the information regarding the verification of the Users’ Service request, the availability of the Service, the revision and cancellation of the Service request, and the like.
13. Protection and Use of Private Information
13.1. The Company only collects Users’ information within the minimum scope, is as follows.
1) E-mail address
2) Other items that the Company regards important
13.2. The Company shall receive approvals from Users before it collects private information.
13.3. The Company shall not disclose personal information to a third party without consents of Users. The Company bears the entire responsibility regarding this issue for all cases except those listed below.
1) The information is required in order to exercise the contract based on the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and its nature has economical and/or technical difficulties for the Company to receive appropriate consents from the Users.
2) Personal identification process is necessary for the prevention of piracy.
3) The information needs to be disclosed in accordance with any legislation.
13.4. In cases where the Company is required to receive consents from the Users according to paragraph 13.2. and 13.3. stated above, it shall have provided or notify information of the person (name, contact number, etc.) in charge of managing personal information, purpose of disclosure and types of personal information, which are stated in the Act on Promotion of Information and Communications Network Utilization and Information Protection etc. in advance. The Users may always withdraw their consents whenever they want to.
13.5. Users may always request the Company to let themselves browse or modify their personal information retained by the Company and the Company is obliged to take actions without delay. If Users request modification of errors in their personal information to the Company, it shall not use the information until the errors are modified.
13.6. The Company shall minimize the scope of collecting the Users’ personal information in order to protect it and is entirely responsible for damages occurring to the Users derived from loss, leakage, disclosure to third party without approval, and falsification of information.
13.7. The Company or any third party that receives personal information from the Company shall destruct the information immediately after the purposes of its collection and use have been achieved without delay.
13.8. The Company shall receive consents from Members when collecting, using, and disclosing personal information in accordance with the Act on Promotion of Information and Communications Network Utilization and Information Protection etc.
13.9. Members may always withdraw approvals of collection and use of personal information provided to the Company and the withdrawal is processed by leaving the membership.
14. Obligations of the Company
14.1. The Company shall provide Members with the service in a continuous and reliable manner as prescribed herein.
14.2. The Company, in accordance with the private information protection policy, shall always take extra care for the protection of the Members’ information and shall not utilize the private information commercially, except when there is a lawful request made by relevant agencies/authorities with the purpose of crime investigation or is a request made by Korea Communications Standards Commission.
14.3. The Company, to provide safe use environment for the Users, shall equip the security system for the protection of the Users’ private information including credit information.
14.4. The Company shall not send commercial advertisement via e-mail to the Users who have clearly expressed refusal for such e-mails.
15. Member ID and Password
15.1. Except any case falling under Article 13, Members have full responsibility for the management of the Members’ ID and Password.
15.2. Members shall not share or allow use of their own ID and password with any third party.
15.3. If a Member suspects that his/her ID or password has been stolen or is being used by a third party, the Member must alert the Company immediately and follow the instructions provided by the Company on how to recover his/her information.
15.4. The Company is not liable for any damage or loss of the Members incurred due to the violation of paragraph 15.1, 15.2, 15.3.
16. Obligations of the Users
Members are explicitly forbidden from engaging in any of the following actions.
1) The input of false information in the event of membership application or changes to submitted information
2) The stealing of others’ information
3) Arbitrary changes and edits of the information provided by the Company
4) The unwanted transmission or posting of information (computer programs, etc.) that the Company does not allow to go public
5) The violation of the intellect property rights, such as copyrights, of the Company and/or any other third party
6) The defamation, slander, privacy violation, and/or disruption of duties in relation to the Company or any other third party
7) The transmission, revealing, or posting of any obscene or violent messages, videos, or audio that violate public interest
17. Copyright Ownership and Restrictions
17.1. The intellectual property rights of copyrighted products as produced by the Company are the sole property of the Company.
17.2. Members are prohibited from using copyrighted information without the prior, expressed permission of the Company. This includes the copying, transmitting, publishing, or otherwise disseminating any information owned by the Company for profit-making purposes or for individual use or to any third party.
17.3. The Company has the rights for the use of posted contents and for the display in Services
17.4. The Company may utilize the contents published or registered by the Members to operate, display, transmit, distribute, or advertise the Services.
17.5. The Company may store and use images, order data, etc. of the Users for purposes that include, but not limited to, make the order, production, and display.
18. Disclaimer
18.1. The Company will not hold any responsibilities for incapability of providing the Services caused by uncontrollable reasons such as natural disaster, force majeure, and the like.
18.2. The Company will not hold any responsibilities for incapability of providing the Services caused by reasons attributable to the Members.
18.3. The Company will not hold any responsibilities for incapability of providing the Services caused by reasons attributable to the Users.
18.4. The Users hold full responsibilities for the credibility or accuracy of information, materials, facts, etc. that they published in the Services. The Company will not hold any responsibilities for any damage or loss of the Users or a third party incurred due to the inaccuracy or falsity of the contents.
18.5. The Company will not hold any responsibilities for any damage or loss of the Users or a third party incurred due to the intention or fault of the Users regarding the Service use.
19. Providing Information and Publishing Promotions
19.1. The Company may provide Members with various information through display on the Service screen or other means such as e-mail, letter, mail, etc., in terms of Service operation
19.2. The Company may publish advertisement on homepage, Service screen, SMS, e-mail, in-app push notification, and the like in terms of Service operation.
20. Extent of Compensation
20.1. The Company shall not, and is under no obligation to, compensate the Users if the damage or loss is caused by the Users and is not attributable to the Company.
20.2. The Company shall compensate the Members for the damage or loss if the Members cannot use the Services for the reasons attributable to the Company, except when the Service is normalized within 12 hours since the Members notifies the Company of their inability to use the Services.
20.3. Compensation is limited to the services of which the Company’s service use agreement is concluded.
21. Claim for Compensation
21.1. The Members, when claiming compensation, shall submit a written claim for damage or loss to the Company that specifies the reasons for the claim, the claimed amount, and the basis for the damage or loss calculation within 3 months since the date on which the reasons for the claim occurred. The Company will respond to the Members with the results within 7 business days.
22. Dispute Resolution
22.1. The Company must process all complaints and responses from the Users with priority. However, in the event that a fast correspondence is difficult to ensure, ·the Company will provide the Users with reasons for the delay and notify the Users of the expected time frame for complaint processing.
22.2. For e-commerce dispute that may arise between the Company and any of its Users, in the case that the Users made a request for remedy, the Company may defer to the Fair Trade Commission or a dispute mediation organization solicited by the mayor or governor for the handling of the dispute.
23. Jurisdiction and Governing Law
23.1. The lawsuit filed for the e-commerce dispute between the Company and the Users shall be subject to the exclusive jurisdiction of the district court governing the Users’ address at the time of filing, or to the exclusive jurisdiction of the district court governing the Users’ dwelling place if there is no address. However, the lawsuit shall be subject to the jurisdiction of the district court prescribed by the Civil Procedure Act, if the address or dwelling place of the Users is unclear at the time of filing or the User is non-resident.
23.2. The lawsuit filed for the e-commerce dispute between the Company and the Users shall be governed by the law of the Republic of Korea.