Terms of Service
- Announcement Date :
- 2024.04.24
- Effective Date:
- 2024.04.24
Chapter 1. General Terms
Article 1. Purpose
The purpose of these Terms of Services (the "Terms") lies in specifying rights, obligations and reliabilities, and etc. of NHN Cloud Co., Ltd (“the Company”) and members (the "Member"), in relation of the use of NHN CLOUD services and relevant infrastructure services (collectively, the "Service") provided by the Company.
Article 2. Definition
- 1.Terms are defined as follows
- ① 1. "Service" refers to the AppPaaS Service, which provides cloud-based IT resources and platforms provided by the Company to the Member, and all related services, including technical support for the use of the AppPaaS Service.
- ② "Member" refers to an individual or a corporate entity entitled to use the Service by the Company, by entering a Service Agreement with the Company.
- ③ "Internal Member" refers to an individual to whom the Member grants the right to use the Service in accordance with the terms of Service usage which is pre-defined by the Company.
- ④ "External Platform" refers to a third-party platform (GitHub, etc.) that the Company determines in advance for the Member to join and use in order to identify the Member and use the Service.
- ⑤ "Post" refers to information posted by the Member in the Services, including characters, documents, photos, audio, video, or the combination of them.
- ⑥ "Agreed Territory" refers to the Republic of Korea. The Company and the Member may expand the Agreed Territory under mutual consent in a separate agreement.
- 2. Any other terms that are used in the Terms but not defined in this Article shall abide by user's guide of the Service, operating policies and relevant rules, or customs
Article 3. Posting and Amendment of the Terms
- 1. The Terms of Services shall be posted on the Service page or notified to the Member in other means.
- 2. The Company may revise the Terms as long as they don't violate acts of the Republic of Korea, such as Act on the Regulation of Terms and Conditions, Act on Promotion of Information and Communications Network Utilization and Information Protection, and Act on the Development of Cloud Computing and Protection of Its Users.
- 3. In case the Company wants to revise the Terms, expected date of application and reasons for revision must be announced on the startup page of the Service, along with the current Terms of Services, from 7 days before expected date of application. However, if revisions may be disadvantageous to the Member, or major changes are expected, such announcement shall be made at least 30 days in advance, with additional notices delivered to the existing Member via electronic means, like email.
- 4. Even after the Company announced or notified that a failure of refusal by the Member before date of application for changed Terms of Services is deemed as consent to change of the Terms of Services, and if the Member has not expressed any refusal for the change of the Terms until an effective date, it is deemed that the Member has consented to change of the Terms.
- 5. Consent to the Terms means that the Member agrees to visit the Service regularly and check changes of the Terms of Services. The Company shall not be eligible for any damage incurred to the Member for not being informed on changed Terms of Services.
Article 4. Other Terms and Regulations
- 1. The Terms of Services shall be posted on the Service page or notified to the Member in other means.
- 2. Even after the Company announced or notified that a failure of refusal by the Member before date of application for changed Terms of Services is deemed as consent to change of the Terms of Services, and if the Member has not expressed any refusal for the change of the Terms until an effective date, it is deemed that the Member has consented to change of the Terms.
- 3. Consent to the Terms means that the Member agrees to visit the Service regularly and check changes of the Terms of Services. The Company shall not be eligible for any damage incurred to the Member for not being informed on changed Terms of Services.
Chapter 2. Conclusion of Service Agreement
Article 5. Application of Service and the Method
- 1. The "Service Agreement" shall be entered, when a potential Member (the "Service Applicant") applies for the Service according to the application procedure as the Company provides, which then will be permitted by the Company.
- 2. The Service Applicant must supply basic information (including email address and phone number) that the Company demands.
- 3. For a business Member, additional documents, as follows, must be submitted in person, by fax or postal delivery, or any other means permitted by the Company, before the 15th day of the following month after subscribed to the Service.
Article 6. Permits and Restrictions of Service Application
- 1. The Company is reserves the right to deny acceptance to an application submitted by a Service Applicant, if the application falls under any one of the following subparagraphs
- ① The application has been made in a false name or in the name of others, without their consent
- ② Information of the Member is false
- ③ The applicant is registered as a Credit delinquent in accordance with Credit Information Use and Protection Act
- ④There is a concern for damaging acts, public order, or customs
- ⑤ There is an attempt to use the Service for unjust purposes
- ⑥ There is an attempt to use the Service for the purpose of personal benefits, without prior consent of the Company
- ⑦ Permit is unavailable due to reasons attributable to the Service Applicant, or when service has been applied in violation of other regulated conditions
- ⑧ Prices for other services of the Company are in arrears
- ⑨Records exist for late payment or improper service use of the past
- ⑩ The Service Applicant does not meet the qualification standards, and thus ineligible, for using the Service under the Terms; and,
- ⑪ The Service Applicant is below the age of 14.
- ⑫ Other reasons comparable with any of the above subparagraphs, for which the Company finds the issuance of permits to be quite inappropriate
- 2. The Company is entitled to withhold permitting application of the Service Applicant, if it falls under one any of the following subparagraphs
- ①Service is interrupted in facilities due to natural disasters
- ② The overall service quality of the Company is deemed difficult to maintain with the Service provided
- ③ Facilities for the Service are insufficient, or the Service cannot be provided due to technical reasons
- ④ Threats or potential threats exist for operations or business of the Company
- ⑤ The Member has failed to register caller identification number to prove his identity in advance
- ⑥ Other reasons comparable with any of the above subparagraphs, for which the Company cannot readily permit
- 3. The Company, on principle, shall notify the Service Applicant of refusal or reserves of permits for application
Article 7. Provision and Change of Member Information
- 1. The Member shall be obliged to provide honest and legal information when required to provide his own identity to the Company, in accordance with the Terms, and cannot be protected against any disadvantages that may result by providing false or illegal information
- 2. The Member can browse and modify his own information at any time, on the management page provided by the Service.
- 3. When there is a change of information in application, the Member shall be obliged to modify it online, or notify in the format or method set by the Company.
- 4. The Company shall not be responsible for any disadvantages incurred to the Member, due to his failure of notifying changes.
Article 8. Protection and Management of Personal Information
- 1. The Company shall make efforts to protect personal information of the Member, in accordance with provisions set by relevant acts. Regarding the protection and use of personal information of the Member, relevant acts, as well as personal information handling policy of the Company, shall apply
- 2. The Member is a responsible holder for the management of personal information of the Internal Member, according to relevant acts, and must abide by relevant acts for personal information of the Internal Member
- 3. Regarding 3rd party Service, which excludes individual services as part of the Service but simply provides links on the homepage and each service website, personal information handling policy of the Company shall not apply
- 4. The Company shall not be held responsible for all information whatsoever, including ID and Password of the Member that are exposed due to reasons attributable to the Member.
- 5. If there is an objective concern for an abuse of account information, the Company can take temporary or necessary actions, including suspension of service use, or deletion of account information, for the protection of Member information and operational efficiency
Chapter 3. Use of Service Offerings
Article 9. Provision and Suspension of Service
- 1. The Company shall provide the Service to the Member from the moment when application of the Member is permitted. However, some services shall be provided from a specific point of time.
- 2. The Company may separate the Service by certain range and specify available time of service for each range. However, this shall be notified in advance.
- 3. The Company may classify the Member, according to the policy of the Company, so as to divide the Service menu and provide different services by usage hour or number of uses
- 4. The Company may inquire the "posts", information, and materials of “Member” for the purpose of providing safe “Service” such as failure recovery for "Service" and intrusion response
- 5. In case of any one of the following subparagraphs, the Service may not be offered, and the Company shall not be obliged to provide the Service
- ① Information communication facilities, including computers, require maintenance or replacement, or interruption or disconnection in communication occurs
- ② Facility maintenance for the Service is inevitable
- ③ Upgrade or maintenance of the Service is required
- ④ The Member withdraw from the External Platform or disconnects from the Service via the External Platform
- ⑤ Blackout, faulty facilities or congestion block normal Service offerings
- ⑥ Significant administrative needs of the Company arise, such as splits, merges, transfer or closure of operations, as well as revenue worsening of its Service
- ⑦ Out of force majeure, including natural disasters, or state emergencies; and
- ⑧ Any other reasons comparable with any of the above subparagraphs
- 6. In the case of paragraph 5, the Company shall notify the Member of the facts in advance, in methods specified in Article 25. However, when in-advance notification is unavailable due to inevitable cases, such as unintentional or unfaulty hackings, notification may be provided after the fact.
- 7. The Company may use the information stored while providing the Service for purposes other than the provision of the Service, such as service development, service quality improvement, and use for marketing
Article 10. Change and Revision of Service
- 1. Depending on the operational, administrative, or technical needs, the Company may change all or parts of the Service or close it, and if there is a change in the content or method of use, such change shall be notified 7 days before, along with reasons and content of changes and application date; for the closure of the Service, notify it 30 days before, on the startup page of the Service. However, when prior notification is unavailable due to inevitable cases, notification may be provided immediately after the fact.
- 2. The Company, unless particularly specified in the Terms and relevant acts, shall not be eligible for any damage incurred to the Member due to change or modification of the Service
- 3. The Company shall not bear any responsibility for damages incurred by the Member due to modifications or termination of the Service, unless otherwise stipulated by these terms or relevant laws
Article 11. Provision of Information and Ad Posting
- 1. The Company may provide the Member with transaction-related information deemed necessary for the use of the Service, and responses to inquiries, in the means of public notes, email, or SMS. Nevertheless, the Member can reject receiving such information through email, at any time
- 2. The Company may provide advertisement to the Member through legal procedures, in accordance with relevant acts
Article 12. Post Management
- 1. In case a post of the Member includes content violating relevant acts, such as Act on Promotion of Information and Communications Network Utilization and Information Protection, and the Copyright Act, the right holder can request for suspension and deletion of such post, while the Company must take actions following relevant regulations.
- 2. The Company may take temporary actions for posts, containing reasons which could be recognized for violation of rights, or violating policy of the Company and relevant acts, even without rights holders' requests specified in the previous paragraph
- 3. Detailed procedures in this Article shall be in compliance with Act on Promotion of Information and Communications Network Utilization and Information Protection, and regulations set by the Copyright Act
Article 13. Ad Posting by Member
- 1. The Member can post his own advertisement thorough the Service provided by the Company, using methods specified within the Service. Note that the Member should precisely check details and conditions of the Service that the Company specifies, such as the Terms and individual terms of uses: any damage that may be incurred due to failure of the foregoing shall be attributable to the Member
- 2.When the Member applies for an ad posting, it may be posted along with ads of the other Member, and the Company has the rights to decide the area or order of posting, posting information, and compensation for users exposed in posted ads, and the Member can make use of the Service, depending on such decisions.
- 3. The Company may restrict posting of ads through the Service, if the content, including keywords, title, description, additional information, or image posted by the Member, are deemed to violate the Terms, individual terms of uses, and guides that the Company specifies
- 4. The Member shall agree that the Company can copy, modify, transmit, distribute, broadcast, or exhibit works that are relevant to advertisement (including their components, like characters, logos, symbols, and trademarks) for the Service, and can create secondary works based on them.
Chapter 4. Obligations
Article 14. Company’s Obligation
- 1. The Company shall not act in prohibition of the Terms or in violation of common customs, and make the best efforts to provide ongoing and stable Service
- 2. The Company shall supply security system to protect personal information to help the Member to safely use the Service, and notify and abide by the personal information handling policy
- 3. The Company, when ideas or complaints, suggested by the Member in relation to the use of the Service, are acknowledged to be just, must deal with them: deliver the procedure and result of resolution of such ideas or complaints suggested by the Member, via the Service or email, to the Member.
- 4. The Company shall abide by regulations relevant to operations and maintenance of the Service, including Act on the Development of Cloud Computing and Protection of Its Users, Act on Promotion of Information and Communications Network Utilization and Information Protection, Protection of Communications Secrets Act, and Telecommunications Business Act.
Article 15. Member’s Obligation
- 1. The Member shall not be allowed to do the following
- ① Post false information for application or change of it
- ② Steal information from others
- ③ Impersonate an employee, operator, or other relevant personnel of the Company
- ④ Change information posted by the Company
- ⑤ Transfer or post information prohibited by the Company (like computer programs)
- ⑥ Create, distribute, use, or advertise computer programs, devices or appliances that are not provided or authorized by the Company
- ⑦ Infringe on intellectual rights of the Company and any other third party
- ⑧ Damage honor or obstruct business of the Company and any other third parties
- ⑨ Delete or slander banner ads provided by the Company, or other obstructive acts on banner ads
- ⑩ Expose or post obscene or violent words, prints, video, audio, or other information against public order and good morals
- ⑪ Apply the Service as part of personal benefits, sales, advertisements, or political activities, without consent of the Company
- ⑫ Transfer a large amount of information that might damage stable operations of the Service, and transfer or mediate ad information
- ⑬ Distribute computer virus programs that might cause error in operations of computer or information devices
- ⑭ Abuse the services to mine digital currencies that might obstruct stable service operations
- ⑮ Other activities prohibited in relevant acts or not allowed in the perspectives of decent social customs
- 2. The Member, when using the Service offered by the Company, shall be obliged to respect relevant acts, regulations of the Terms, cautions noted on Guides and posted on the Service, and notices of the Company
- 3. The Member is obligated to manage and supervise service use activities of all Internal Members who are authorized by him to use the Service, and takes the full responsibility for illegal acts or violation of these Terms of Services by the Internal Member
- 4. The Member shall provide an available email address while joining so as to be notified of necessary information related to the Service by the Company, and shall immediately notify the Company of any change of his/her information, and the Company shall not be held liable for any damage incurred to the Member due to his failure to notify changed information to the Company
- 5. The Member must randomly check basic policy or regulations, including content of the Terms, initial screen of the Service or notification and individual terms of services set by the Company
- 6. The Member shall be obliged to back up and retain his/her own data, and any damage due to his own failure of managing data shall be borne by himself/herself.
Article 16. Member’s Obligation and Responsibility for ID and PW Management
- 1. The Member should thoroughly manage his ID, Password, and Authentication key (hereinafter called “personal information” collectively) so that they are not exposed or used by third parties
- 2. The Member shall be held liable for any damage on the use of the Service due to his violation of the preceding paragraph, or for all consequences from illegal use by a third party, while the Company shall not take responsibilities.
- 3. The Company may restrict the use of an ID, if it might expose personal information or is against social norms or customs, or if it may be misunderstood as the Company or an operator of the Company
- 4. When the Member has a suspicion that personal information is stolen or used by third parties or is aware that the information is used by third parties, he must immediately notify the Company and follow the instructions of the Company
- 5. In the case of the preceding paragraph, the Company shall not be held liable for any disadvantage that may be incurred as the Member failed to notify the fact or failed to follow guides of the Company even after notification was sent.
Article 17. Notice for Member
- 1. A notice to the Member by the Company, unless otherwise specified, shall be sent to the email address or digital memo specified by the Member
- 2. When a notice for all Members is required, the Company shall post a notice on the bulletin of the Service for more than 10 days, in place of the preceding paragraph
Article 18. Assignment of Personal Information
On principle, the Company shall handle and manage collected personal information on its own, but if necessary, may assign a part or all of its works to a third party selected by the Company. For the assignment of personal information of the Member, personal information handling policy of the Company shall apply
Article 19. Prohibition of Assignment
- 1. The Member shall not assign, give, or provide as security of the usage authority of the Service or other license agreement positions
- 2. In case reasons of inheritance, merger, or split occur to the Member and a third party (the "Assignee") inherits the legal position due to Service Agreement entered between the Member and the Company, the Member and the Assignee shall notify the Company in accordance with the method and procedure specified by the Company, with documents attached proving inheritance
- 3. When information of the Member changes due to legal inheritance as in the preceding paragraph, the Assignee must sufficiently understand the management and responsibilities of the remaining contract period, as well as the content, before inheritance. Any related issues that may occur shall be held liable by the Member and the Assignee
Article 20. Service for Testing Purposes
- 1. The Company may provide beta services to the Member for testing purposes for a period of time before making the Service fully commercially available
- 2. The beta services may be subject to changes, additions, deletions, etc. to all or part of the contents of the Service or data without prior notice in order to provide stable services, and all data related to the Service, including the Post of the Member, may be irrecoverable during the beta service period
- 3. The Company may terminate the Service without prior notice for the beta service, in which case the Company shall have no obligation to return any member information, including the Post, to the Member
- 4. The beta service is a limited time service provided free of charge, and the Company shall not be liable for any damages caused to the Member as a result of the beta service unless otherwise provided in these Terms and applicable laws
- 5. For beta services, this section applies notwithstanding any other provision of these Terms
Chapter 5. Suspension and Termination of Service
Article 21. Termination by Member
- 1. The Member may terminate Service Agreement through the Service or Customer Center anytime. However, when there's unpaid price, as of the termination date the Member chooses, such amount should be fully paid off, so as to close the termination procedure
- 2. When the Service Agreement is terminated, the Member should back up all corresponding resources used throughout the service period
- 3. In accordance with paragraph 1 of this Article, when the Member wants to terminate the agreement of the Service, except when the Company retains Member information due to relevant acts and personal information handling policy, all resources provided to the Member shall be returned, and all Posts, information and data saved in the Service shall be deleted. Data, once deleted, cannot be recovered on whatever counts
Article 22. Suspension of Service
- 1. The Company, when the Member's service use falls under any one of the following subparagraphs, can suspend the Service of the Member, without prior notice
- ① Traffic occurs excessively on Service of the Member, or there is a concern for interruption of the in-service network for broadcasting
- ② SERVICE of the Member is exposed to DDos attacks or suspected of being hacked or infected with viruses
- ③ As images shared by the Member via Machine Image service (image files containing basic metadata and data required to create SERVICE) have either malicious programs that pose security threats, including leakage of personal information of other members, or common software programs without righteous license, which may lead into conflicts over infringement of intellectual property rights by a third party
- ④ Obligations of the Member specified in Article 16 of the Terms are violated
- ⑤ Normal service operations by the Company are prohibited
- ⑥ Relevant acts are violated, like theft of identity and credit card data, providing illegal programs in violation of copyright acts and prohibition of operations, illegal communication and hackings violating Act on Promotion of Information and Communications Network Utilization and Information Protection, distribution of malicious programs, or access exceeding authority
- ⑦ Any other cases comparable with any of the above subparagraphs which require suspension of the services
- 2. In case the Company suspends the service use of the Member in accordance with paragraph 1 of this Article, the Member cannot claim for damages to the Company
- 3. In case the Company suspends the service use of the Member in accordance with paragraph 1 of this Article, the Member should be notified of the reason, period of suspension, and method of filing objections, via mail, email or any other equivalent methods
- 4. The Company, when it decides that attributable reasons related to paragraph 1 have been resolved, shall promptly release suspension
- 5. If a ground for suspension under Paragraph 1 continues to be present after suspension, the Company may terminate the Service Agreement, in whole or in part, and shall notify the Member thereof in writing, via email, or through any other equivalent means
- 6. The Company may bill charges incurred during suspension period of the Service, in accordance with this Article, to the Member
- 7. When the Company, in accordance with paragraph 5 of this Article, terminates the Service Agreement with the Member, the Company shall be entitled to reclaim (including deleting the post, information, and data) systems (including solutions) assigned to the Member. Such reclaims shall take place without additional notice upon the termination of Service Agreement, and the Member may not claim for any damages against the Company with regard to losses incurred by the Member therefrom, such as deletion of documents. Members should take pre-emptive measures (e.g., create backups of documents) to prevent losses that may arise from potential reclaims of systems upon notice of termination.
Article 23. Service Restriction as Part of Provisional Measures
- 1. The Company may take restriction of service, until investigation is completed on problems of each of the following subparagraphs
- ① When justified reports on hacking or abuses of ID, password, or payment methods are received
- ② When there are reasonable doubts of unlawful activities, such as use of illegal programs
- ③ Other cases equivalent to the paragraphs above, for which service restriction is required
- ④ When obligations in accordance with Article 22-3 of the Telecommunications Business Act (Technical Measures, etc. of Special Value-Added Telecommunications Business Operations) and Article 84-2 (Prohibition against Using False Phone Numbers and Protection of Users) are violated
Article 24. Procedure of Filing Objection against Service Suspension
- 1. When the Member objects to service suspension and restriction by the Company, the Member must submit a written objection which contains reasons of objection to the Company, in person, via email, or any other equivalent means
- 2. The Company, when receiving an objection in paragraph 1 of this Article, shall respond to reasons of objection of the Member in writing, via email, or any other equivalent means, within a reasonable period. However, if a long-term period is required to deal with the issue, the Company shall send a notice or notify reasons and schedule to the Service
- 3. The Company must take measures in corresponding to the responses above
Article 25. Termination of Service Agreement at Company’s Discretion
- 1. The Company, if the Service use of a Member is pertains to the use under one of the following subparagraphs, may terminate the Service Agreement on its discretion, without additional consultation with the Member
- ① Content of service application is found to be false
- ② Service operations are prohibited with intention, causing damage to the Company
- ③ Obligations of the Member specified in Article 23 are violated
- ④ Appropriate measures are not taken for the request of correction as specified in Article 29
- ⑤ The purpose and method of service use are in violation of the Korean law and international laws, so as government agencies require suspension of service offerings through the legal procedure
- ⑥ The Member abuses the service or operating system and performs unnecessary activities so as to damage or attempt to damage corporate services or other customer's system
- ⑦ The Member abuses the service to attack network of large scale targeting at operating systems, causing damage to service operations of the Company and other customer's system
- ⑧ Any of the grounds for rejection of Service Application under each subparagraphs of Article 6 Paragraph 1 becomes applicable to the Member
- ⑨ The Member uses the Service in a third nation, other than the Republic of Korea, in violation of the corresponding nation's regulations, causing damage or potential damage to the Company
- ⑩ The Member fails to sign in for a continuous period of one year or more
- 2. In the cases of subparagraphs 1, 2, and 5, of paragraph 1 of this Article, the Company may ask the Member for correction, during appropriate periods, and if the Member still does not take appropriate measures, then the Company may terminate the Service Agreement
- 3. In the cases of subparagraphs 3, 4, 6, 7, 8, 9, and 10 of this Article, the Company may immediately terminate the Service Agreement without further notification
- 4. When the Company intends to terminate the Service Agreement, the Company shall notify the Member in advance of the reasons and expected date of termination, in writing, email, or any other equivalent means. However, when prior notification is unavailable due to inevitable cases, notification may be provided after the fact
- 5. The Member shall pay prices of the Service used until the date of termination, and when the Service is terminated, as this Article stipulates, the Member shall be obliged to back up all the resources used, and at termination, all resources assigned to a system shall be returned, with all documents saved in the system deleted
Article 26. Suspension of Service Offering
- 1. The Company may suspend offering of the Service, for any one of the following cases
- ① If it is inevitable for the maintenance of the Company
- ② When there is a concern for abnormal service operations, due to state emergencies, faulty service facilities, or congestion of service
- ③ When service offering is unavailable due to inevitable reasons for the Company, including natural disasters
- ④ When telecommunication service is suspended by key telecommunication service providers specified in the Telecommunications Business Act
- 2. In the case of paragraph 1-1 of this Article, the Company must notify the fact in the method registered by the Member and by posting on the service access screen or company website
- 3. In the cases of subparagraphs 2, 3, and 4 of paragraph1 of this Article, service may be temporarily suspended without prior notification.
Chapter 6. Damages
Article 27. Company’s Damages
Regarding the Free Service provided by the Company, the Company shall not be held liable for any damage whatsoever incurred to the Member. This shall not include, however, damage incurred out of intentions or major faults of the Company
Article 28. Member’s Damages
The Member, when damage is incurred to the Company due to his own violation of the Terms and notices, shall compensate for any loss or damage to the Company
Article 29. Indemnification of Company
- 1. The Company, when damage is incurred to the Member, due to any one of the following subparagraphs, shall not compensate
- ① Interruption occurs in the Service due to malfunctioning devices purchased by the Member
- ② Out of force majeure, such as war, accident, fire, natural disasters, or state emergencies that are equivalent
- ③ Out of intentions or faults of the Member
- ④ Due to inevitable features of telecommunication services
- ⑤ Service suspension to prevent scale-up of accidents arising out of information system of the Member
- ⑥ Interruption in the Service stemming from any other providers
- ⑦ Inevitable maintenance of the Service notified in advance, which is not owing to intentions or gross negligence of the Company
- ⑧ Service suspension due to previously-notified maintenance on the website
- ⑨ Disadvantages occurred due to failure in receiving information related to the Service as Member information on the agreement has not been updated
- ⑩ Error in application programs installed by the Member, or interruption of the Service due to random changes, like an OS upgrade, which are selected while server is created when the Member applies for the Service
- ⑪ Use of the Service provided free-of-charge by the Company
- ⑫ Interruption in the Service, due to reasons that are not intentional or by faults of the Company, or any damage occurred in information/documents of the Member
- ⑬ Abuse or leakage of personal information to third parties due to the Member’s violation of the Member’s obligations specified in Article 24
- 2. The Company, regarding the Service, shall not bear responsibilities for damage or benefits incurred to the Member, be it indirect, consequential, special or additional, or damage or loss due to loss of advantages
- 3. The Member shall bear the burden of risk when using the Service, which shall be provided 'as it is' and 'as usable', while the Post of the Member, as well as information and documents, shall be managed at his own discretion and burden of risk
- 4. The Company shall not be held responsible for interruption, suspension, or termination of the Service due to reasons attributable to the Member
- 5. The Company shall not be held responsible for loss of profits of the Member expected on the Service, and not for damage owing to documents obtained from the Service
- 6. The Member shall be solely responsible for the management/retention of the Post, or information and documents of the Member related to the Service, and the Company shall not be obliged to back up or restore such posts, information and documents. To this end, the Member shall back up posts, information and documents of the Member at a standalone repository, by the needs of the Member.
- 7. The Company shall not be responsible for the content of the Post of the Member on the Service, including its reliability and accuracy, and shall not be obliged to confirm or represent any opinions or information posted on the Service. The Company shall not approve, object, or modify opinions expressed by the Member or a third party.
- 8. The Company shall not be obliged to intervene in conflicts occurring out of the Service between members, or the Member and a third party, or two different third parties, and shall not be held liable for damages
- 9. In case the Company is claimed for damages, sued, or objected by a third party other than the Member, due to the Member's illegal acts or violations of the Terms while using the Service, the Member shall take the responsibility to indemnify the Company at his own expense, and if the Company cannot be indemnified, the Member shall compensate for all damages incurred to the Company
- 10. The Company shall not take any responsibility whatsoever for transactions between a third party and the Member on other websites which are connected with the website of the Company
Article 30. Governing Law and Jurisdictions
- 1. The Terms shall be governed by and construed in accordance with the laws of the Republic of Korea
- 2. Litigations over conflicts between the Company and the Member shall be filed on the basis of the Member's address at the time of filing, or a governing local court if address is unavailable. However, if the address or place of residence is not clear at the time of filing, the governing court shall be decided upon the Civil Procedure Act
- 3. For the Member whose address or place of residence is outside of Korea, litigations between the Company and the Member shall be governed by the Seoul District Court, notwithstanding the previous paragraph
Article 31. Compliance with Overseas Regulations
- 1. Regarding As part of the conditions to purchase and/or use the Service, Members shall agree to abide by international regulations and export control regimes of each nation, to protect, import, re-import, sanction, and anti-boycott all corresponding data, including international and economic sanction programs of each nation, such as EU Dual Use Export Controls, US Export Administration Regulations, and International Traffic in Arms Regulations. To avoid any misunderstanding, a Member (or the end user) shall take the sole responsibility for the issue of compliance relating to the method chosen by the Member for the Service, including the transfer and handling of the Member information, or the use thereof subjecting the aforementioned end user of the Company. Because all information of the Member uploaded by the Member or the end user may be hosted at servers around the globe, the Member cannot upload information listed on relevant trade restrictions and shall be responsible for preventing the end user from uploading prohibited information. A Member shall confirm and warrant that he or she is not on any restrictions or sanctions lists issued by agencies including without limitation United Nations Security Council, United States National Security Council, and agencies of the US government (e.g. list of specially-designated EU nations by the US government agencies and the list of member states sanctioned overseas by the corresponding nations)
- 2. If a Member provides services to the customers of the Member using the Service in a third-party nation outside of the Agreed Territory, the member must notify the Company of such transactions in advance
- 3. A Member must indemnify the Company for legal liabilities incurred due to the Member’s violation of this Article or failure to comply with regulations in the Agreed Territory or a third-party nation outside of the Agreed Territory