Terms of Service
1. Purpose
The present Terms of Service applies to any program, software, electronic commerce, and other services provided by Immersivecast (hereinafter referred to as “Company”) and its Storymate application (hereinafter referred to as “Service” or “Storymate”). It also aims to provide reasonable adjustments between Users and the Company allowing seamless operation and maintenance of Service system through establishing essential guidelines such as rights of the Company and Users, liabilities, responsibilities, procedures, and other necessary details.
2. Definitions
The definitions to the key terms in this Terms of Service are as follows; Any terms that are not defined in this sections follow relevant laws and common business practice.
① ’Service’ refers to overall service providing information on uploaded content and instructions on products and methods of purchase uploaded on online platforms (PC, mobile website, application, hereinafter referred to as “Platform”) operated and maintained by the Company..
② ’User’ refers to the person or entity who agrees to our Terms of Service and is a registered member of Company Platform, thereby entitled to use all services in the Platform provided by the Company continuously..
③ ’Content’ refers to any created data or collective amalgamation of data uploaded the platform by the Company itself or Users following upload procedures set by the company, which includes but not limited to interactive content, symbol, text, image, photo, video, hyperlink, and etc..
④ ’Account Information’ refers to overall User (or person or entity who seek to register) information provided to the Company by the User via Platform, which includes User-related information such as cellphone number, email address, password, and etc..
⑤ ‘Point(s)’ refers to service data provided to specific users who have met certain requirements established by the company, with or without any transactions. Users are able to utilize Points for electronic commerce on the Company's platform, provided they are used prior to expiration. Specific policies regarding loyalty program, Points usage and expiry are stated separately in Terms of Service section, Platform application, and etc..
3. Publishing the Terms of Service and Amendments
① The Company will publish this Terms of Service document on Service application and Company website for the ease of Users’ understanding.
② The company has the right to modify the Terms of Service within legal boundaries of laws such as the “Act on the Regulation of Terms and Conditions,” the “Act on Promotion of Information and Communications Network Utilization and Data Protection,” and the “Act of Consumer Protection Guideline in Electronic Commerce Transaction, etc..” The company will clearly outline any changes and the effective date and will notify users via the Platform between 7 days and 24 hours before the changes take effect, should the Company make amends to its Terms of Service.
③ If the Company makes significant changes to guidelines regarding Users’ rights and liabilities despite the preceding clause, the Company will make a separate announcement 30 days before the effective date using the mentioned in the previous clause.
④ The company will verify if the User has agreed to our Terms of Service applications or not. However, if the Company
⑤ If the User does not agree to the amended Terms of Service, the Company cannot apply its amendments to that particular User, and may choose to terminate their services agreement. The User may also choose to terminate their services agreement by permanently deleting their account. If the User continues to use the Service without deleting their account between the notification date and the effective date of amendments despite not agreeing to the Company's amendments, the Company may deem the particular User as having agreed to the changes.
4. Validity and Agreement Beyond Terms of Service
① The Company may enter a separate individual contract with Users beyond this Terms of Service, which takes precedence in case of any conflict with these Terms of Service.
② Unless an intervention is required, the Company will not interfere or assume any responsibilities for agreements or contracts made between Users concerning service use.
③ The company may decide to create and implement additional management policies for issues not covered in the terms of service, which will be shared on the Platform.
④ The Company will follow the procedure stated in the 2nd Clause of Section 3 should it make changes to individual provisions or Management Policy.
⑤ The Company may decide to create and implement distinct provisions to certain services. These provisions are incorporated into the User agreement upon the User's acceptance, and take precedence in case of any conflict with these Terms of Service.
⑥ Any person or entity willing to create an account must acknowledge these Terms of Service and agree to the rights and obligations implemented between Users and the Company.
⑦ Any guidelines related to the Service that are not specified in these Terms of Services will be governed by separate terms and management policies. All guidelines not specified in separate terms and management policies will be subject to applicable laws, announcements, and guidelines from public institutions, as well as common business practices.
5. Service Agreement
① The Service Agreement is considered valid once users agree to the terms and the Company approves their service request. (registration request). The company may decide to confirm approval by posting on the platform or through other forms of communication such as email and other methods.
② The service agreement outlined in the 1st Clause becomes effective immediately upon the completion of the user's registration process.
③ By consenting to these terms during the registration process, the User acknowledges and agrees to be bound by these Terms of Service. Therefore, the User must read and understand these Terms of Service thoroughly to prevent any issues related to the use of the Service. The User may not hold the Company accountable in any situations or damages resulting from a lack of understanding of these Terms of Service.
④ The person or entity requesting to use the service must promptly provide any necessary documentation requested by the Company. The Company retains the right to approve or decline any registration requests until the required documents are received.
6. Registration Application, Acceptance, and Restrictions
① Any person or entity requesting to become a User must follow registration methods and procedures established by the Company. The Company may request real-name authentication and verifications through specialized organizations.
② Typically, the Company approves most requests from individuals or entities to join their service. However, the company has the right to decline registration requests or end a user's contract under the following circumstances:
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Fails to provide necessary information during the registration procedure established by the Company or submits false information.
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Attempting to register by entering details of an already registered user.
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Attempting to register by entering other people’s identity or personal information.
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Trying to sign up within 6 months of being banned from using the Company's service for which the individual is accountable.
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Attempting to register for the purpose of engaging in illegal activities.
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Attempting to register in order to hinder the Company’s interests.
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If the person is under 14 years of age.
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If the Company deems it inappropriate to accept registration for reasons tantamount to the aforementioned cases.
③ If the Company encounters difficulties in approving membership requests, whether due to the inability to access Service-related facilities, technological and administrative issues, Platform or Service failures, or any other similar reasons, it may choose to defer approval until the issue is resolved.
7. Information Collection
Except for the User's personal information, The Company may gather details on configurations, specifications, system information, and error reports from the User's PC and mobile devices to enhance Service operations, boost program stability, address errors, and detect malicious codes.
8. User Information Management
① By using the User's account information, the Company monitors how the User uses the service, including your eligibility to use it, and provides essential support.
② The User is solely responsible for all account information. Therefore, the User must not let any third party use their account information. The user is accountable for any damages resulting from negligent protection of personal data or account information, unless the Company is at fault.
③ Should a third party be suspected of using the personal account information, the User is required to inform the Company immediately and adhere to the Company's guidance. In situations where the User does not report an incident promptly, or even if the User reports but incurs penalties or damages for not following the Company's guidelines, the Company will not be held responsible.
9. Providing and Updating User Information
① The User must comply with these terms and provide accurate information when requested by the company. The User will be solely responsible for any penalties or damages incurred by providing inaccurate information.
② The User may browse and update their personal and account information through the Platform whenever they wish. However, certain details may not be changed if the Company requires this information to maintain its service.
③ In the event that the information supplied to the Company during registration is modified after the process, the User must notify the Company about the changes by updating the information on the Platform or other means of contact such as email. The user is solely responsible for any penalties or damages incurred upon themselves for not notifying the Company of these changes.
10. Managing and Protecting Personal Information
① The Company is committed to safeguarding Users’ personal information in accordance with relevant laws such as the “Personal Information Protection Act” and “Act on Promotion of Information and Communications Network Utilization and Data Protection.” User’s personal information is used and safeguarded in accordance with relevant laws and the Company's Privacy Policy.
However, the Company Privacy Policy does not apply to any third-party websites or services that can be accessed through hyperlinks on the Platform.
② The company will not be held responsible for any information exposure, including user information, for reasons that can be attributed to the User or force majeure unless it can be directly attributed to the company.
③ If the Company expands or adds to its services, it reserves the right to transfer a User’s personal information and data in compliance with relevant laws and may use the transferred information and data to provide expanded and additional service.
11. Company Obligations
① The Company complies with all relevant laws and these Terms of Service, and strives to offer a consistently stable Service.
② The Company is required to set up a security system to protect personal information, ensuring Users can use the Service safely. The Company must also publish and comply with its Privacy Policy.
③ The Company may disclose User data in response to a court order or an investigative agency's request pertaining to Service usage, without obtaining the User's consent.
12. User Obligations
① The User is obligated to confirm and comply with guidelines provided in these Terms of Services, Service Instructions, any notices relevant to Service usage, and any announcements made by the Company.
② All information provided by the user during the registration process or when editing account information must be accurate. The User forfeits any claims of liability if they provide false or unauthorized information, and is responsible for compensating the Company for any resulting damages.
③ In the event that the User modifies any details within the User contract, including contact information, email address, and so forth, the User is obligated to notify the Company immediately through relevant procedures.
④ The User is liable for any false or fraudulent activities that occur as a result of misusing their ID and password, with the exception of situations in which the Company bears responsibility in accordance with applicable laws and the Privacy Policy.
⑤ Without the Company's explicit consent, the User may not transfer, gift, or pledge their Service access or any other standing referenced in the User Agreement as collateral.
⑥ The User is required to adhere to all applicable laws, including those pertaining to copyright, and must not infringe upon the intellectual property rights of a third party.
⑦ The User must not replicate, publish, broadcast, or distribute any information obtained from this Service to a third party without the Company's prior consent.
13. Services Provided by the Company
① The Company may provide the following services to Users according to these Terms of Service; If required, a third party may be entrusted to provide these services. Some services will be given priority based on situations and policies, while others will be addressed subsequently. Service timeframes may vary based on Company policies, and service titles may also be altered.
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Various Services for creating and uploading ‘content’
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Service which provides information related to ‘content’ and ‘products’
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Product purchase and intermediary service based on ‘content’
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All groundwork services relevant to the above services
② the Company may offer any new service outside of those mentioned in the first Clause, which also complies with these Terms of Service.
③Users are required to adhere to the guidelines and terms set by the Company to use the Service.
14. Service Provision and Suspension
① The Company shall begin providing its services to the User once the User's request for service use (after completing registration) is approved. However, the Company may choose to provide specific services following a designated period. Users will be informed by the Company before or after such situations. Specific services are available to select Users based on Company policies, even after they have become a User. Furthermore, the company may opt to establish varying times or conditions of availability by dividing a service to some degree. The company will notify users either by posting a notice on the online platform or informing them before or after the changes occur.
② Typically, the Company aims to offer Service around the clock, every day of the year, unless there are exceptional administrative or technological challenges. Nevertheless, the company might temporarily halt the service for brief periods during regular maintenance or system upgrades, with prior notification to the user via the platform.
③ ③ The Company may suspend the service for the following subparagraphs regardless of those outlined in the Second Clause.
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For regular maintenance, equipment maintenance, or other miscellaneous maintenance.
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In cases of electronic breaches such as hacking, or any incidents caused by third party such as equipment failures from telecommunications providers.
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If applicable laws prohibit the Company from offering the Service during specific time frames or through certain methods.
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In case the Company is unable to offer regular service because of natural disasters, national emergencies, power outages, equipment failures, or Service overloads.
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Various technological or administrative challenges in which the Company has no control over.
④In compliance with this Section, the Company will inform Users about the reason for suspending the Service and the duration of the suspension. However, in exceptional situations where advance notifications cannot be provided, users will be informed by the Company after the suspension.
15. Service Change and Closure
① The company has the right to make changes or discontinue some or all of its services for reasons such as restructuring, merging, transferring business operations, declining profits, technological or managerial requirements, and similar reasons. Users will be informed by the Company 7 days before any changes or service closures take effect. However, in exceptional situations where advance notifications cannot be provided, users will be informed by the Company after the occurrence.
② The Company reserves the right to modify, suspend, or terminate some or all of the services offered for free based on its management policies and requirements, without providing compensation to Users unless required by specific clauses in relevant law.
③ Points will expire upon Service termination, and Users cannot assert their rights to the Company unless notified otherwise.
16. Policies Regarding Points
① Points are awarded to certain Users who satisfy certain conditions set by the Company, with or without any economic transactions.
② The Points entered in the server will be considered the standard in cases of discrepancies between the Points accumulated in the server and the client. Any Points discrepancies caused by desynchronization between the server and the client cannot be corrected.
③ Points are non-transferable, non-inherited, non-loanable, and do not qualify as collateral unless the Company agrees otherwise.
④ In case of issues concerning Points, the User can request the Company for correction within 90 days of the error occurring, and the Company shall rectify the error within 90 days of receiving the correction request if it is deemed reasonable.
⑤ The Company can revoke a User's Points without prior notice if they were obtained through improper means and may take actions to limit the User's access to the Service, including account termination. Points cannot be redeemed once the account is terminated or Service access is restricted. During instances of account restriction, Points cannot be redeemed and the expiration date may not be extended.
⑥ Points will not expire unless stated otherwise, and will automatically expire if the service is suspended or terminated.
17. Information Provision by the Company and Advertisements
① For the User's convenience, the Company may opt to provide different information and advertisements through various channels such as email, regular mail, cellphone messages, phone calls, notifications, and more, or publish them on the Platform if necessary for service usage. Users have the option to stop receiving these messages through methods provided by the company or by utilizing features available on their devices.
② Even if the User has opted out of receiving advertisements as mentioned in the previous Clause, The Company may still send important information through the channels specified in the first Clause of this Section, such as Terms of Service, Privacy Policy, and other significant changes that could affect the Users’ benefit.
③ The Platform may display different types of advertisements, including banners and hyperlinks, that may lead to third-party websites.
④ The company cannot ensure the safety or reliability of any third-party webpage if an advertisement leads to one, as it is beyond the scope of services provided by the Company. The Company is not liable for any damages incurred upon the User unless they are a result of the Company's gross negligence.
18. Service Usage
In order to use the Service provided through the online Platform, the User must adhere to the Terms of Service and guidelines set for each type of service implemented by the Company.
19. Rights to Content Provided by the Company
① The Company asserts ownership of all copyright and intellectual property rights (including all rights not explicit in these Terms of Services) to all services and content it creates.
② The company only grants the User permission to use the Services based on conditions established by the Company. Hence, the User is prohibited from utilizing any content uploaded to the Platform by the Company for commercial purposes, including processing and selling, and is not allowed to partake in acts of disposal such as paid transfer, sales, and collateralizing.
③ The Company has the right to remove or conceal any User content that infringes on its intellectual property rights.
20. Copyrights and Portrait Rights of User Content
① The User retains ownership of the content uploaded to the Service(Hereinafter referred to as “User Content”). By uploading User Content to the Service, the User affirms the copyrights of the User Content that they have uploaded and confirms that they have the rights necessary to grant the Company and third party permission to use User Content, or have obtained the necessary approval and permissions to upload from the rightful owner.
② The User affirms that individuals appearing in User content are either the Users themselves or images relevant to the individuals, and they have the necessary rights to permit the company or third party to use them as outlined in the Terms of Service.
③ If the User commits copyright or portrait right infringements or libel against another User or third party, the Company reserves the right to delete or hide User Content in accordance with procedures outlined in relevant laws such as the “Copyright Act” and “The Act on Promotion of Information and Communications Network Utilization and Data Protection”. The Company is exempt from responsibility if it fulfills its obligations in accordance with the relevant laws.
④Any civil and criminal liability resulting from the infringement of another User or third party's copyrights, portrait rights, and other rights rests solely with the responsible User.
21. Prohibited Conduct
① The User is prohibited from engaging in any conduct (or uploading User Content depicting such conduct) outlined in the following subparagraphs; the Company reserves the right to suspend User accounts of individuals involved in such behaviors or regulate User Content by removing or concealing it. Specific information on account suspension or content removal for violating obligations is outlined in separate community management policies.
We have zero tolerance for malicious violations and make it clear that legal action may be taken in serious cases.
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Violating these Terms of Service
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Violating the rights of a third party through identity theft
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Initiating, recommending, or suggesting direct monetary transactions without utilizing the Company's Platform
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Spreading false information or defaming other Users or third parties
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Stalking, blackmailing, cyberbullying
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Unlawful, indecent, offensive behavior
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Behaviors which violate public order and standards of decency
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Actions that are considered criminal or are objectively linked to criminal activities
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Behaviors that disrupt public order and perpetuate stereotypes related to gender, politics, religion, disabilities, age groups, social status, race, region, occupation, etc.
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Engaging in discriminatory, defamatory, verbally abusive, threatening, or harassing behavior toward the Company, other Users, or third parties.
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Posting content that goes against moral traditions, such as showing indecent exposure or acts, sharing information about prostitution, uploading content that could cause sexual humiliation and displeasure, etc.
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Abnormal behaviors that deviate from societal norms, such as uploading hateful photos or content, or using offensive language.
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Actions that are prohibited by law and morality, or not allowed under societal norms or actions that impede service provision
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Harmfully using, Insulting, or ridiculing symbolic icons such as national flags, national anthems, cultural relics, cultures, etc.
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Actions which depict harming or causing death to living creatures
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Any actions that could potentially infringe on the Company's, other Users’, or third party's intellectual property rights and portrait rights, including patent rights, trademark rights, and copyrights
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Engaging in activities that infringe upon or have the potential to infringe upon the rights of others, such as using web hacking programs, macros, mirrored websites for voice phishing, etc.
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Participating in the sale, transfer, rental, granting, and soliciting the sharing of account and account information with others
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Impersonating other Users, third parties, or Company employees through fraudulent means and identity theft
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Impeding the Company’s business activities
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Engaging in profitable, advertising, political, or other activities using the Service without the Company's consent
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Any actions that disrupt or attempt to disrupt the regular operation of the Service, such as interfering with the network connected to the Company's website or Service, or bypassing any security measures implemented by the Company like blocking or limiting access to the Service
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Spreading false information with the intention of gaining profit for oneself or others, or causing harm to others
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Any other activities tantamount to the acts outlined above
② The Company has the authority to enforce additional restrictions based on separate Community Management policies beyond what is specified in the first and second clauses of this section if it is considered reasonable.
③ Users are required to follow all guidelines and regulations related to third party content use, in addition to these Terms of Services, when posting their content on third party websites or applications other than the Platform. The user is responsible for compensating for any damages resulting from violating these terms and is also accountable for any damages caused to the company.
④ The Company has the right to review User Content to prevent any prohibited actions outlined in the first Clause of this Section (or posting content which depict such activities),or to impose restrictions on Users involved in such activities.
22. Account Termination
① At any point, the User can request to terminate the Service usage contract (account deletion) via the Platform. In such cases, the Company may request necessary procedures such as personal identification, and shall strive to handle these requests promptly.
② User's Points will expire upon account termination.
③ Upon termination of the contract, all User information related to service use, including points, will be deleted. As a result, any Points that have expired after termination cannot be reinstated even if the User re-registers. Therefore, the User must take adequate measures to preserve any relevant information before account termination. The company shall not be liable for any damages suffered by the user due to their insufficient measures.
④ The Company has the right to remove any of the User's Content, posts, or replies uploaded on the Platform if the User terminates their contract.
⑤ The Company may require the User to make corrections within a 10-day timeframe if the User breaches the Terms of Service or falls under any of the specified cases. If the User fails to make the necessary corrections as requested by the Company within the specified timeframe, the Company has the option to terminate the User's contract. However, if the User has caused damage to the Company by violating current laws or through willful or gross negligence, the Company reserves the right to terminate the User's contract without prior notification. Users may face restrictions on service usage during the correction period.
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If any data provided by the User is ascertained as false
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If the User is found to be associated with criminal activities
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Executing or devising plans through the Service for the purpose of obstructing national or public interest
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If the User takes others' service accounts or defames or disadvantages others
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If the User obstructs the proper use of the Service
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If the User accumulates or uses Points through improper means
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If the User engages in acts which violate other related laws or conditions set by the Company
⑥ When the Company ends a Service use contract with a User, they will inform the User of the reason for termination and termination date through written letter, email, or other appropriate methods, and give the User an opportunity to justify themselves.
23. Limitation of Liability
①The Company will not be held responsible for any inability to provide the Service due to natural disasters or equivalent force majeure events.
② The company will not be held responsible for any damages resulting from service equipment maintenance, replacement, routine inspection, construction, or similar causes. Nevertheless, this will not be the case if the Company is accountable for any damages or negligence it causes.
③ The Company will not be held responsible for any Service interruptions or difficulties caused by the User. However, this will not be the case if the User has valid reasons or unavoidable circumstances
④ The Company does not take any responsibility if the User does not get any expected profit or losses incurred by the User through the use of the Service..
⑤ The Company has no obligation to get involved in any disagreements between Service Users or between a User and a third party (including partnering companies) resolved through the Service and is not responsible for providing any compensation as a consequence.
⑥ The Company does not guarantee the truthfulness or accuracy of any information, data, or facts uploaded to the Service by the User, except in cases of willful or gross negligence for which the Company may be held accountable.
⑦ The Company is not responsible for any third party transactions resulting from the User's failure to safeguard mobile device passwords, passwords provided by open market vendors, or other sensitive information. Nevertheless, this will not be the case if the Company is accountable for any damages or negligence it causes.
⑧ The company will not be held responsible if the User deletes content or account information provided by the Company. Nevertheless, this will not be the case if the Company is accountable for any damages or negligence it causes.
⑨ The Company will not be held responsible for any issues caused by the User’s mobile or network environment.
⑩ The User is solely responsible for any damage caused by submitting inaccurate information such as an incorrect name or resident registration number. In the event that a third party, including entities like administrative agencies, raises objections or initiates legal action regarding these matters, the User is responsible for covering all expenses, including litigation costs and attorney fees, and granting immunity to the Company.
24. Settling Disputes
Both the Company and the User are required to attempt to resolve the issue through mutual agreement should disputes between both parties arise. If both parties cannot reach a mutual agreement, legal action may be taken in the appropriate court following the Civil Procedure Code, with Korean laws serving as the foundation.
25. Terms of Service Exclusive to Beta Service
The User acknowledges that the Beta Service may contain errors or inconsistencies due to its incomplete nature. The User must not use the Beta Service in commercial environments, or environments with important data. The Company is not liable for any information or data losses, costs, expenses, or other liabilities resulting from the use of the Beta application. The user fully accepts and agrees that they are solely responsible for any consequences resulting from using the Beta Service.
Although the Company aims to minimize data loss, it will not be liable for any data damages or losses incurred while using the Beta Service.
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Terms of Service version no. : v1.1.0
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Date of notice for current Terms of Service : March ??, 2024
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Date of enactment for current Terms of Service : March ??, 2024