Article 1 Purpose
Article 2 Definitions
① Service: Service shall refer to the general services relating to the Samgyetang brand website that the Member uses, irrespective of the terminal – wireless or wired – such as personal computer, TV, portable terminal, electronic communication device, etc.
② Member: The Member shall refer to every user who signs a use agreement with Company and utilizes the service provided by Company.
③ ID: ID shall refer to the combination of the text and number whose use has been authorized by Company based upon the Member’s choice for the purpose of the identification of the Member and service use.
④ Password: Password shall refer to the combination of the text or number designated by the Member for the protection and identification of the Member’s personal information.
⑤ Domain: Domain shall refer to the unique Internet address granted by the Company upon the application by the Member for the service use. The Company shall additionally provide a separate domain address, depending on the service provided by it.
⑥ Posting: Posting shall refer to every information and piece of data, such as text, document, drawing, voice, link, file or any information in combination thereof uploaded by the Member on the service.
2. Application via a third party email address;
3. False information insertion or failure to fill up the mandatory categories;
4. Attempted service use for illegal purposes;
5. When the authorization is infeasible due to the reasons attributable to the applicant or when the application contains a violation of general provisions;
6. When the applicant is deemed as improper under Company policy or the service provision is infeasible;
7. When the use purpose or method of the applicant violates or is likely to violate property right or good will of the Company; or
8. Act of creating IDs and domains en masse via irregular methods
⑤ In case of a change to the personal information inserted upon the membership subscription, the Member shall immediately update and insert the correct information. The Company shall not be liable for any damage or loss inflicted upon the Member due to the delay in information update.
⑥ Pursuant to the relevant laws and regulations and the Company’s Personal Information Handling Policy, the Company may add or remove the Member's information category for its collection and utilization.
Article 4 Personal Information Protection
①The Company shall make efforts to protect personal information of Member, pursuant to Act on Promotion of Information Communications Network Utilization and Information Protection and other relevant laws and regulations. The pertinent laws and regulations and Personal Information Handling Policy of the Company shall be applicable to the protection and use of personal information, provided, however, that such policy shall not apply to the linked websites other than the official website of the Company.
③The Company may collect additional personal information in accordance with the relevant laws and regulations with the consent of the Member for the purpose of service improvement and service introduction.
④ Unless there is a special provision in the relevant laws and regulations, the Company shall not provide or disclose to a third party the Member’s personal information, including but not limited to, account information, without a separate consent of the Member.
⑤The Company may provide a link or other method for the future service, enabling the Member to use his/her account information for user convenience.
Article 5 Member ID and Password
① The Member shall be responsible for his/her ID and password.
② The Member shall not let a third party use his/her own ID and password.
③ The Company shall not be liable for any damage or loss incurred upon the service use or a third party’s illegal use due to the Member’s lack of care regarding the management of his/her ID and password, unless there is intentional misconduct or grave negligence.
④ The Member shall immediately notify the Company once he/she is aware of the misappropriation or a third party use of his/her ID and password and follows the instructions of the Company.
Article 6 Company Obligations
①The Company shall make its best efforts to provide continuous and stable service.
②The Company shall establish and operate a security system that is in line with the current Internet security technology development and tailored to the characteristics of the service provided by the Company, so that the Member utilizes the service in a safe manner.
③The Company shall process any opinion or complaint by the Member who utilizes the service, if it is deemed as proper. The processing shall be notified to the Member via email or bulletin board.
④The Company shall comply with the applicable laws and regulations relating to the service operation and maintenance, such as the Act on the Promotion of Information Communications Network Utilization and Information Protection, the Protection of Communications Secrets Act, the Telecommunications Business Act, etc.
Article 7 User Obligations
①The Member shall not commit any of the acts in the following cases:
1. Registration of false information upon membership application or Member information change;
2. Appropriation of information of others;
3. Misrepresentation as operator, officer, and employee of the Company or appropriation of other relevant information;
4. Change of the information posted by the Company;
5. Intellectual property infringement, such as copyright, trade secret, patent of the Company or a third party;
6. Act of harassing, threatening or damaging reputation of the Company, another Member or a third party;
7. Disclosure or posting of pornography, violent message, or other information in contravention of public order and good morals;
8. Act of acquiring information of another user via hacking; and
9. Illegal acts in violation of current laws and regulations
② If the Member commits any of the acts prohibited under the following paragraph, the Company may take appropriate measures depending on the severity of the act at issue, such as service-use restriction, i.e., use suspension or contract termination, or report to the investigative authority.
⑤The Member shall not engage in sales/advertizing in contravention of the use purpose or methods set by the Company, unless prior consent is given by the Company. The Member’s service use shall not violate property rights, goodwill or business model of the Company.
Article 8 Service Provision and Change
① The Company shall provide to the Member the following services:
1. Samgyetang brand website and the Samgyetang brand website comprehensive account service; and
2. Other services provided to the Member additionally developed by the Company or through partnership agreement with another company
②The Company may temporarily suspend the service provision upon the occurrence of the repair and inspection, replacement, and malfunction of information communication facility, communication interruption, or other operational event. In this case, the Company shall notify the Member via the notice bulletin board or email, etc. The Company may provide a post notice if an unavoidable circumstance arises, preventing the Company from providing a prior notice.
③ Unless a separate written contract between the Company and the Member explicitly grants a right to use the brand characteristics of the Samgyetang brand website service and other service, the Member shall not be entitled to use the name, trademark, logo, domain name and other identifiable brand characteristics of the Company or service.
④ The form, function or design, etc. of the service provided by Company may be changed or suspended from time to time, if it is deemed necessary. The Company shall not provide a prior notice regarding such separate change to the Member, provided, however, that if such change is disadvantageous to the Member, it shall be notified via the notice category of the Samgyetang brand website.
⑤ Upon the change or suspension of the service in accordance with the previous paragraph, the Member shall not be compensated with respect to the free-of-charge service.
Article 9 Information Provision via Email and SNA
①The Company may provide various kinds of information deemed as necessary for the Member to use the service via email address and SNS provided by the Member.
②The Company may send the information via email, irrespective of the Member’s consent, in the following cases:
1. Authorization email in order to confirm the ownership of the email address inserted for the membership application;
2. Authorization email in order to confirm the change to Member information; and
3. Other information deemed by the Company as absolutely necessary for the Member to use the service
Article 10 Service Use Restriction
①The Company may restrict or suspend the service, in part or in whole, in the case that force majeure events arise or are highly likely to arise, such as natural disaster, national emergency, unsolvable technological error or substantial change to service operation, etc.
②The Company shall not be liable for any problems arising among Members due to the service use.
③The Member’s use of ID or the pertinent domain may be restricted in the case of the damage inflicted upon the Member arising from the disclosure of ID and password due to the Member’s lack of care or the Member’s violation of user obligations leading to the illegal use by a third party.
④ If the Company finds out that a certain Member's ID and domain are directly related to a particular illegal act during the process of investigating the violation under Article 9 herein, it may temporarily suspend the use of the pertinent ID and domain in order to protect the rights of other Members and maintain the propriety and order of the service provision. With respect to such service suspension, the Member may raise an objection via the service homepage or email.
Article 11 Right and Liability Concerning Posting
① Regarding text, image, video, link, etc., posted by the Member in the service (hereinafter referred to as “Posting”), the Member who has registered such posting shall have the applicable right and liability thereto.
②The Company shall be prohibited from inspecting or managing the contents made by the Member and it shall not liable for such contents. The Company shall not guarantee the reliability, truthfulness, accuracy, etc., of the posting registered by the Member.
③The Copyright and intellectual property right on the service and copyright with respect to the posting shall be vested in the Company, provided, however, that the postings made by the Member on his/her own or in collaboration and copyrighted works created under the partnership agreement shall be excluded.
④The Member shall consent to the Company’s use – local or abroad - of his/her posting within the service for the following purposes:
1. Simple change of the posting, such as size conversion or simplification for the purpose of the posting use within the service (including the service provision within a certain area of the website or media run by a third party);
2. Copy, transmission or publication of the posting to the other website run by the Company or the website run by a different company; or
3. Reporting or broadcasting of the contents of the posting to the media or news service for the promotional purpose of the service of the Company, provided, however, that in this case unless the Member provides a separate consent, Company shall not provide the posting or Member information to the media or news service.
⑥The Member shall be liable to the fullest extent – civil and criminal – for any consequences when the Member posting or copyrighted work infringes intellectual property, such as copyright of the Company or a third party.
Article 12 Management of Postings
① In cases where the Member's posting has contents in violation of the relevant laws, such as the Act on Promotion of Information Communications Network Utilization and Information Protection, Copyright Act, etc. the rights holder may request the suspension or the removal of the breaching posting in accordance with the procedure set under the relevant laws and regulations and Company shall take a proper measure accordingly.
③ If a Member sets a certain posting as private, other Members, including the Company, shall not read it, provided, however, that others, including the Company, may read the posting in the case of a court order or information request by investigative authority or other administrative agency or if other laws and regulations mandate the disclosure.
Article 13 Service Use Suspension and Membership Withdrawal
①The Member may request to Company membership withdrawal anytime and upon such request, Company shall quickly process it in a separately notified manner.
② In cases where the Member desires to suspend the service use, he/she may request the suspension via service homepage or email provided by the Company. Upon the submission of such request, the Company shall quickly process it in a separately notified manner.
③ In cases where the Member breaches user obligations under Article 9 herein or where the Member interrupts the normal operation of the service, the Company may restrict the use by such Member with prior notice, terminate the contract with such Member or suspend the use of the service by setting the period.
④ Notwithstanding the foregoing, the Company shall immediately suspend the service use of Member on a permanent basis if the Member violates the relevant laws and regulations, such as the provision of illegal programs and operation interruption in violation of the Copyright Act and the Computer Program Protection Act, illegal communications and hacking in violation of the Act on Promotion of Information Communications Network Utilization and Information Protection, etc., distribution of malicious programs, or acts in excess of access authority.
⑤ In cases where the Member fails to log-in for a consecutive three (3) months or more, the Company may restrict the use for the purpose of the protection of Member information and efficiency of the operation.
⑥ Regarding the use restriction herein, the Member may file a complaint in accordance with the procedure set by the Company. If the Company determines that such complaint is proper and valid, the Company shall immediately resume the service with respect to such Member.
Article 14 Limitation on Liability
② Unless there is a special provision provided by the relevant laws and regulations, the Company shall not be held liable for its provision of the free-of-charge service.
③ The Company shall be granted immunity with respect to its inability to provide service due to force majeure, war, service termination by key telecommunications business operator, authorization error regarding third party open ID, unsolvable technological error, and other force majeure events.
④The Company shall be granted immunity in the case of service interruption or error due to the unavoidable reasons, such as pre-notified service facility repair, replacement, regular inspection, construction, etc.
⑤ Member shall be liable for any computer system damage or data and information loss arising from his/her own decision to download or access to certain program or information utilizing the Company's services.
⑥The Company shall be granted immunity with respect to any damage or loss caused by the telecommunication service provision termination or the failure to provide such service in a normal manner on the part of the key telecommunications business operator.
⑦The Company shall not be liable for any damage or loss arising from the reasons attributable to Member, including but not limited to, Member computer error, incorrect insertion of personal information and email address, and improper handling of password.
⑧The Company shall not be liable for the problems arising from the reasons not attributable to Company, such as general issues on account of security problems caused by Member computer environment or beyond the management scope of Company, or network hacking indefensible with the current security technology level.
⑨The Company shall be granted complete immunity with respect to website removal, storage failure, incorrect guide or information provision. Furthermore, Company shall not be liable for the reliability, accuracy, completeness, quality, etc., regarding the information, data, or facts posted or transmitted on or within the service or the website.
⑩The Company shall not be responsible for meditating a dispute arising between Members or the Member and a third party. Nor shall it be liable for providing compensation thereto.
⑪The Company shall not be responsible for a Member’s inability to procure benefits expected of the service use. Nor shall it be liable for any damage or loss incurred due to the Member’s selective choice or use regarding the service.
⑫The Company shall not guarantee the reliability, accuracy, completeness, quality, etc., regarding the information, data, or facts posted or transmitted by the Member on or within the Samgyetang brand website.
⑬The Company shall not have the obligation to inspect the posting prior to its registration or confirm and review the contents of the posting on a regular basis. Nor shall it be responsible for any consequences.
② In cases where the relevant laws and regulations have the provisions relating to the matters not stipulated herein, such provisions shall apply.
Article 17 Governing Law and Jurisdiction
① Any dispute arising between the Company and the Member shall be interpreted and governed by the laws of the Republic of Korea.
② It is hereby understood and agreed that any dispute arising between the Company and the Member shall be submitted to the governing jurisdiction of the court in which the HQ of the Company is located.