GENERAL TERMS AND CONDITIONS FOR USE OF SERVICES
Article 1 (Purpose)
The purpose of these General Terms and Conditions for the Use of the Membership Services (the “Services”) provided by CJ E&M CORPORATION (the “Company”) is to set forth the rights, obligations, liabilities, procedures and conditions for use of the services and additional required measures, of the Members utilizing the Services (the “Members”) and the Company.
Article 2 (Effectiveness and Amendment of the General Terms and Conditions)
- (1)These General Terms and Conditions shall become effective upon being posted on the screen of the website operated by the Company (the “Website”) or by other means.
- (2)Upon the occurrence of any reasonable event which makes it necessary to amend these General Terms and Conditions, the Company may amend these General Terms and Conditions to the extent permitted by law and other relevant regulations. The Company shall notify the Members of such amendment by means of posting the effective date and the reason for such amendment along with the text of the then existing General Terms and Conditions on the screen of the Website, or through other means. Members shall be notified of essential information relating to the amendment via electronic mail.
- (3)A Member shall have the right to object to the amendment to the General Terms and Conditions. A Member who does not agree with the amendment to the General Terms and Conditions may request to withdraw his or her Website membership. If a Member does not indicate his or her objection to the amendment to the General Terms and Conditions within fifteen (15) days of becoming aware of such amendment, such Member shall be deemed to have consented to such amendment to the General Terms and Conditions.
- (4)An amendment to these General Terms and Conditions that is unfavorable to the Members shall be disclosed together with the effective date and the reason for such amendment along with the text of the then existing General Terms and Conditions, for a period of thirty (30) days, ending on the date immediately preceding the effective date of such amendment, Members shall be clearly and separately notified of such an amendment via electronic mails.
- (5)Members to whom the disclosure or notification under Section (4) above has been made shall be deemed to have consented to such amendment to the General Terms and Conditions, if such Members fail to indicate expressly their intent to object to such amendment to the General Terms and Conditions within thirty (30) days.
- (6)An amendment to the General Terms and Conditions shall apply only to the agreements entered into after the effective date of such amendment, and the agreements entered into prior to such amendment shall be subject to the then existing General Terms and Conditions prior to such amendment; provided, that the amendment to the General Terms and Conditions shall be automatically applied to Members who have indicated their consent to being subject to such amendments to the General Terms and Conditions pursuant to Sections (3) or (5) above.
Article 3 (Applicable Provisions Other Than the General Terms and Conditions)
Matters not specified herein shall be governed by the Framework Act on Telecommunications, the Telecommunications Business Act, the Act on Promotion of Utilization of Information and Communications Network and other applicable laws and regulations. Users of Paid Services shall be subject to the General Terms and Conditions for the use of Products and the Consumer Protection Act in Electronic Commerce.
Article 4 (Definitions)
As used herein, the following terms shall have the meanings afforded below; provided, that terms in relation to “Mwave” shall have the meanings afforded in the General Terms and Conditions for use of “Mwave” services:
- (1)Services: all Internet-based services (including wireless Internet services) such as services provided by the Website;
- (2)Users: members and non-members to whom the Company provides the Services;
- (3)Members: all Users who use the Services provided by the Company, based on IDs granted by the Company under a Service Use Agreement (as defined below) including:
- 1. Persons who sign an Application Form (as defined below) to use the Services provided by the Company;
(4)Use Agreement of “Mwave” and are subject to the General Terms and Conditions of “Mwave”
- (5)ID: letters, numbers or a combination of the two, which is selected by a Member and approved by the Company to identify such Member and enable such Member to use the Services;
- (6)Password: a combination of characters and numbers determined by a Member that is used to confirm that a person is the Member corresponding to the ID granted to such Member and to protect the secrecy of such Member;
- (7)Suspension of Use: restriction of a Member’s use of the Services by the Company under these General Terms and Conditions;
- (8)Termination: termination of the Service Use Agreement by the Company or by a Member.
USE OF THE SERVICES
Article 14 (Provision of Information)
- (1)The Company may provide Members with a variety of information that might be beneficial to the Members, through electronic mails, text messages, and by other means.
- (2)The Company may provide information related to the Services through various means of communication (including, but not limited to, calls, mails, electronic mails, text messages, etc) in order to provide better Services to the Members. However, if a Member indicates that he or she does not wish to receive such information, the Company shall ensure that such Member is excluded from the list of Members to whom such information is provided. The Company shall not be liable for any disadvantages of using the Services that such Member might receive due to such exclusion.
Article 15 (Use of Paid Services)
For free of charge, any persons may sign up for Membership. However, some content designated by the Company, such as music and video content, are offered through paid services as set forth in the General Terms and Conditions for Use of Paid Services separately established by the Company.
Article 16 (Postings, etc., by Members)
- (1)The Company may delete any content posted or registered by the Members on the Website with our any prior notification, if the Company believes that such content falls under any of the following categories:
- 1. If it criticizes or harms the reputation of another Member or a third party;
- 2. If it harms societal well-being, or good social morals and customs;
- 3. If it is deemed to be related to criminal acts;
- 4. If it infringes upon the rights, such as copyrights of the Company or copyrights of a third party;
- 5. If it exceeds the posting period or volume established by the Company;
- 6. If a Member posts pornographic content in the bulletin board or posts hyperlinks to pornographic websites;
- 7. If it is believed to be discrepant with the nature of the bulletin board; or
- 8. If it is thought to be violating these General Terms and Conditions by any other means.
- (2)The Company may amend the database of a Member if circumstantially deemed unavoidable by the Company.
Article 17 (Copyrights to Posted Content)
- (1)All rights and liabilities with regards to any posted content will accrue to the person who posted such content, and the Company may not, without the consent of such person, use such content for any profit-making purpose other than for the offering of the Services. Notwithstanding the preceding sentence, the Company may use such content for any non-profit-seeking purpose, and the Company also has the right to post and edit such content within the scope of the Services.v
- (2)Copyrights of company-prepared works posted on the Website or the Services belong to the Company.
- (3)Members are not allowed to process or sell information or content obtained through the Services.
- (4)If a Member terminates the Membership or is terminated for a rational reason, then the Company is allowed to delete such Member’s postings.
Article 18 (Insertion of Advertisements and Transactions with Advertisers)
- (1)The Company is able to offer and invest for the basis of Services, partly from the advertisement profits. Users of the Services hereby consent to being exposed to advertisements while utilizing the Services.
- (2)The Company shall not be liable for any losses or damages incurred by any Member as a result of such Member’s participation in promotional activities of an advertiser conducted through the Services or described as part of the Services, or as a result of a Member’s communication or transactions with advertisers.
Article 19 (Provision of Programs)
- (1)The Company may recommend Members to install separate programs (the “Software”) that may be necessary for the Members to use the Services, and the Members may refuse such installation if they so desire.
- (2)The Company may collect and use data regarding the PCs of the Users as part of the product support services provided to the Users in connection with the Software.
- (3)The Company may use the data explained in Section (1) above only for the purpose of improving the Software or providing the Services or technology suitable for the use environment of the Users, and for no other purposes.
- (4)For more efficient transmission of large-volume data, the Company may use some of the Users’ PCs and network resources, as follows:
- 1. The Software may use the network equipment of the Users’ PCs as necessary;
- 2. The Software may use the storage of the Users’ PCs; and
- 3. The Software may be operated automatically in the Users’ PCs even if the Users do not intend for that to happen.
Article 21 (Service Hours)
- (1)The Services are provided throughout the year, 24 hours a day, unless there are technical difficulties, scheduled maintenances, or special circumstances of the Company.
- (2)The Company may divide up the Services and designate specific service hours for different services. In such case, the Company shall notify the Members of such schedule.
Article 22 (Responsible Use of the Services)
Members may not conduct business activities of selling products using the Services provided by the Company, especially through hacking, posting money-making advertisements, pornographic sites, etc., and distributing illegal software programs. Company shall not be liable for the results of business activities, losses, and punishment by the related authorities or other legal actions that may arise as a result of the Users’ failure to comply with the above provisions.
Article 23 (Suspension of Provision of the Services)
- (1)In any of the following cases, the Company may suspend provision of the Services:
- 1. If unavoidable, due to repair or other works involving the facilities for the Services;
- 2. If the key communications business operators as set forth in the Telecommunications Business Act stop providing telecommunications services; or
- 3. If there is any other force majeuore event.
- (2)The Company may restrict or suspend the provision of certain or all of the Services if there are difficulties in normal utilization of the Services due to, among others, national emergency, electric power failure, technical difficulties involving the facilities for the Services, or massive use of the Services.
- (3)In the event of restriction or suspension of the Services under Sections (1) and (2) above, the Members shall be notified by the Company without delay of the reasons and expected period of such restriction or suspension.
- (4)The Company may change some or all of the Services if there is a reason justifying such change considering the operational or technical needs of the Company.
- (5)In the event of a change in the details, method of use, or available hours of the Services under Section (4) above, the Company shall, prior to such change, post on the initial screen of the Services on the Website the reasons for such change, details of the Services after such change, and the date of the provision of such Services as changed.
- (6)The Services provided for free of charge may be changed, modified or suspended if there are any reasons justifying such change for the operational or technical needs of the Website. In such case, the fact of such change, modification or suspension shall be posted on the initial screen of the Services on the Website, and the Members shall not be separately compensated therefore in view of the nature of the Services provided free of charge, unless there are special provisions in the relevant laws and regulations.
Article 24 (Different General Terms and Conditions for Different Services)
For the use of the Services, there may be separate General Terms and Conditions (or public announcements), other than these General Terms and Conditions. In case of a conflict between such separate General Terms and Conditions and these General Terms and Conditions, the General Terms and Conditions most applicable to the Services in question shall prevail.
Article 25 (Special Provision for Foreign Users)
The Company is working on providing standard Services that apply to all persons, while at the sametime abiding personal laws and requirements of the home countries of foreign Users. The provisions herein applyies to Members using the Services in countries other than Korea.
- (1)The Members shall consent to the submission and storing of their information data in Korea.
- (2)Users residing in countries that are forbidden by the Korea government to export to, on the special designated nations list, shall not participate in or use commercial Services (such as advertisements and payments).
COMPENSATION FOR DAMAGE AND MISCELLANEOUS PROVISIONS
Article 27 (Compensation for Damage)
The Company shall not be liable for any damage that may be incurred by a Member in connection with his or her use of the Services provided free of charge, unless the Company has acted with willful misconduct or gross negligence. Compensation for damage with respect to Paid Services shall be as set forth in these General Terms and Conditions for the Services concerned.
Article 28 (Exemption Clause)
- 1. The Company shall be exempt from responsibility for provision of the Services if such inability to provide the Services is due to an act of God or a force majeure event equivalent thereto.
- 2. The Company shall not be liable to a Member for a technical difficulty involving the use of the Services if such difficulty is due to a cause attributable to such Member.
- 3. The Company shall not be liable for loss of profit that a Member expected to enjoy using the Services or the damage incurred by a Member due to data obtained through the Services.
- 4. The Company shall not be liable for the reliability and, accuracy. of the information, data, or facts posted by the Members on the Services.
- 5. The Company shall not be liable for damage incurred by a Member in connection with use of the Services, to the extent that such damage is due to willful misconduct or negligence on the part of such Member.
- 6. The Company shall not be liable for any Member’s penal responsibility stemming from information posted on the Website by such Member infringes the copyright or program copyrights of other persons.
Article 29 (Competent Court)
- 1. For Members residing in Korea, any lawsuit filled in connection with a dispute arising from the use of the Services shall be subject to a jurisdiction of a district court of involving Member’s place of residence. However, if a Member’s place of residence is unavailable or is outside of Korea, any lawsuit filed in connection with a dispute arising from the use of the Services shall be subject to a jurisdiction of a district court of the Company's address.
- Current Terms and Conditions effective starting as of 2017.10.19
- Previous Terms and Conditions effective starting as of 2013.04.10