Terms of Service
These Terms of Service shall enter into force on , 2018.
Article 1 (Purpose)
The purpose of these Terms of Service is to set out matters concerning the access to the services provided by Blingdear (“the Service”), which is a global marketing platform of GOODAI GLOBAL, INC (“the Company”), all information, texts, images drawn up and marked by Service users (“members”), such members’ rights, obligations, and responsibilities in relation to the Service use and other necessary matters related to the use of the Service.
※ These Terms of Service shall also apply to PC communications-based or wireless e-Commerce within limits that do not go against its nature.
Article 2 (Posting, Effect, and Revision of These Terms of Service)
① The Company shall post these Terms of Service for those subscribing to the Service to see.
② The Company may revise these Terms of Service within the limits provided by the law.
③ Members have the right to not consent to the revision stated in the foregoing ②. In such a case, members may ask the Company to arrange for them to stop using the Service and withdraw their membership.
Article 3 (Interpretation and Exceptions)
① The Company may operate a separate policy or terms of service concerning individual services. Where the content of such policy or terms of service is in conflict with these Terms of Service, the individual terms of service shall prevail.
② Where the relevant law has a clause not stipulated in these Terms of Service, the said clause shall be followed.
Article 4 (Definitions)
① “The Service” shall refer to Blingdear-related services that members can use regardless of handsets operated with wired/wireless devices including PC, TV, portable handsets, telecom facilities, etc. The services stated in the foregoing sentence includes Blingdear Open Application Programming Interface Service and API applications or web services developed by developers and service providers using it.
② “Members” refers to all people using the Service after signing a relevant agreement with the Company.
③ “Email” refers to the email address selected by a member to use the Service and identify him/herself.
④ “Password” refers to a combination of letters or numbers set by a member to protect his/her personal information.
⑤ “Nickname” refers to a name selected by a member to identify him/herself and use the Service.
⑥ “Reviews” refers to an article, photo, file or link posted by a member while using the Service. The copyright related to them shall revert to their original author.
Article 5 (Service Agreement)
① A Service Agreement shall be deemed to be signed upon the Company’s acceptance of a member’s application to use the Service after agreeing to these Terms of Service provided in the Service-related webpage.
② The Company shall accept member Service applications in the order of receipt. The said acceptance may take time if the Company is facing technical problems or performance issues.
③ The Company may not accept a Service application or cancel an existing Service Agreement falling under the following categories:
- An applicant who has lost his/her membership under these Terms of Service
- An application using a third party’s email
- An application containing false information; or if the applicant fails to fill in information required by the Company
- Intention to use the Service for a dishonest purpose
- A factor that makes the Company unable to accept the application due to a reason attributable to the member; or if a member is in violation of regulations
- A member judged to be unfit according to the Company’s policy; or a member to whom the Service cannot be provided
- A member’s purpose or method of use of the Service violates the Company’s property right or business right, or if such purpose or method is suspected to be an infringement.
- Creation of a large number of member IDs using an abnormal method
④ The Company may set different categories of members under its policy and provide different Service content to each of them.
⑤ Members shall have the right to ask the Company to arrange for them to stop using the Service and withdraw their membership at any time.
⑥ When there is a change in the content of personal information provided to the Company, the member shall correct it immediately. The Company shall not be responsible for loss and/or damages incurred by a member due to delay/failure in correcting it.
⑦ The Company may collect and use members’ personal information (including additions/deletions)
provided by members under the law and the Company’s personal information handling guidelines.
Article 6 (Personal Information Protection)
① The Company shall strive to protect members’ personal information under the relevant laws including the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. Regarding matters concerning the protection and use of members’ personal information, the relevant laws and the Company’s personal information handling guidelines shall apply. However, the Company’s personal information handling guidelines shall not apply to sites that were not linked to the Company’s official website.
② The Company shall destroy the members’ personal information it had kept upon stoppage of the Service or the withdrawal of members’ consent to the provision of personal information. However, the Company may keep certain parts of the personal information under the relevant laws including the Act on the Consumer Protection in Electronic Commerce, etc.
③ The Company may additionally collect members’ personal information upon their consent under the relevant laws for purposes associated with improvement of the Service, provision of Service information to members, and special events held by the Product Evaluation Corps.
④ The Company shall not provide members’ personal information including their account information to a third party without their separate consent unless it is specially required by the law.
⑤ The Company may provide links or other means for members to use the members’ account information the convenience of members in future services.
Article 7 (Members’ IDs and Passwords)
① Members shall be responsible for adequate management of their ID and password.
② Members shall not provide their ID or password to a third party.
③ The Company shall not be responsible for loss and/or damages incurred by members due to careless handling of their ID and password or a third party’s dishonest acts not involving the Company’s willful misconduct or gross negligence.
④ When members come to know about the occurrence of an unauthorized use of their ID and password, members shall inform the Company and follow the Company’s instruction.
Article 8 (The Company’s Obligations)
① The Company shall strive to continue to provide the Service stably.
② The Company shall operate a security system fit for the nature of the Service and in line with the current Internet security technology so that members may use the Service safely.
③ The Company shall duly process reasonable opinions/complaints raised by members and inform members about how their opinions/complaints are being processed via mail or message board.
④ The Company shall observe the laws associated with the operation of the Service including the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the Protection of Communications Secrets Act, and the Telecommunications Business Act.
Article 9 (Members’ Obligations)
① Members shall not engage in the following acts:
- Provision of false information at the time of Service application or when changing the existing member information submitted to the Company
- Dishonest use of another person’s personal information
- Impersonating an employee of the Company or dishonest use of his/her personal information
- An attempt to change the Company-posted information without authorization
- Infringement on a copyright, business secret or patent right of the Company or a third party
- The act of intimidating or tarnishing the honor of the Company, a member, or a third party
- The act of disclosing or posting obscene/violent information or information running afoul of established social morals and good customs
- Hacking designed to acquire another member’s personal information
- An illegal act
② Where a member is found to engage in one of the acts stated in the foregoing ①, the Company may take steps such as blocking his/her use of the Service, terminating the Service Agreement or reporting to the police, depending on the situation’s seriousness.
③ Members shall not transfer or lend their contractual status including the right to use the Service to a third party or offer the said as collateral without the Company’s explicit prior consent.
④ Members shall observe the laws, these Terms of Service, and the Company-provided notes/notices on the Service. Members shall not engage in any act that obstructs the Company’s business.
⑤ Members shall not use the Service to engage in sales or PR in a way outside the Company-designated Service purpose and methods of use without the Company’s prior approval. Members shall not use the Service in a way that may infringe on the Company’s property right, trade rights or business model.
Article 10 (Provision of the Service; Changes in the Service)
① The Company shall provide the following services to members:
- The Service-related integrated account
- All other services developed additionally by the Company or services associated with partnership contracts made by the Company with other businesses
② The Company may stop the Service temporarily in an inevitable situation caused by the maintenance of relevant facilities, the interruption of communications service and other similar situations. In such a case, the Company shall inform members, using a message board, in advance or afterwards, depending on the situation.
③ No clause herein shall be construed as meaning that the Company provides members with the right to use the Company’s or the Service-related business name, trademark, Service mark, logo, domain name and other identifiable brand features unless the Company provides the said right explicitly through a separate contract.
④ The Service’s forms, functions, and designs may be changed or stopped from time to time as required. The Company shall not inform members of such a change in advance. Where it is judged that a change like that is disadvantageous to members, the Company will inform members via email.
⑤ Where part of the Service provided free is changed or stopped as stated in the foregoing ④, the Company shall not make up for loss and/or damages incurred by members.
Article 11 (Posting Advertisements)
① The Company may post advertisements, using member-related information and customer-entered information concerning the Service operation. Members shall consent to the posting of customized advertisements to which they are exposed to when using the Service.
② The Company shall not be responsible for loss and/or damages incurred by members by their participation in advertising sponsors’ promotional activities posted on or performed through the Service or by their communication or transactions with the sponsors.
③ The Company shall not be responsible for their members’ participation in advertising sponsors’ promotional activities or their transactions with the sponsors through the Service.
Article 12 (Provision of Information through Email)
① The Company may provide members with information judged to be necessary for Service use through their email.
② The Company may dispatch commercial emails to members for the operation of the Service, using their personal information. Members may refuse to accept such mails at any time by using the procedure provided in the Service website.
③ The Company may dispatch the following emails to members regardless of their consent:
- Emails to check the email address provided at the time of Service application
- Emails to check changes in personal information requested by members
- Emails containing important information that members need to know concerning the Service
Article 13 (Restrictions on Use of the Service)
① The Company may put a limit on or stop the Service partly or wholly in case of the occurrence, or expected occurrence, of a force majeure situation such as an act of God, a national emergency, intractable technical problems or a serious change in the Service operation.
② The Company shall not be responsible for a problem occurring between members using the Service.
③ Where a member incurs loss and/or damages in the use of the Service due to his/her careless management of his/her ID and password or runs afoul of members’ obligations by letting a third party use his/her ID and password dishonestly, the Company may put a limit on his/her use of his/her ID and relevant domain.
④ Where the Company has found that a member is involved in a specific violation concerning a member’s ID and domain in the course of checking violations of Article 9 (Members’ Obligations) herein, the Company may interrupt the use of the ID and domain temporarily if inevitable to protect the other members’ right/interest and maintain the Service-related order. In such a case, the member may express his/her objection through the Service homepage or email.
Article 14 (Reviews-related Rights and Responsibilities)
① Reviews-related rights and responsibilities shall lie with the members who registered them.
② The Company shall not be expected to supervise or manage the content drawn up by members and shall not be responsible for it. The Company shall not guarantee the reliability, truthfulness, and accuracy of member-registered Reviews and shall not be responsible for them.
③ The Service-related copyrights and intellectual property rights and the copyrights in relation to the Reviews drawn up by the Company shall revert to the Company. The foregoing sentence shall not apply to Reviews drawn up by a member alone or jointly, nor works provided through a partnership contract.
④ Members shall allow the Company to use Reviews posted by them on the Service either in or out of the country for the following purposes:
- Changing the size of Reviews drawn up by a member or simplifying them to use them in the Service (including if the Service is provided within a website or a store within a certain realm of media operated by a third party)
-Displaying, reproducing or transmitting versions of members’ Reviews to another website operated by the Company or to another website operated by another business
- Having media/communications business, report or televise the content of Reviews to publicize the Service. (In this case, the Company shall not provide information on Reviews and members to media or communications businesses without the individual members’ consent.)
⑤ The work left by a former member in his/her domain during his/her membership period will be handled as a material that should not be open to the public. Where the work is a result of co-authorship, the relevant Reviews may be left in the co-author’s domain. In such case, the Company shall not be responsible for the work saved or reproduced or re-posted without authorization by a third party. As regards members who ran afoul of these Terms of Service and a relevant law, the Company may keep their ID and personal information within the limit provided by the law after their withdrawal of their membership to protect the other members and be ready to respond to the court’s or other relevant authorities’ request for submittal of evidences.
⑥ Civil and criminal liability arising from the infringement of intellectual property rights, including copyrights of the Company or a third party, due to a members’ review or work, shall be borne solely by such member.
Article 15 (Use and Management of Reviews information)
① Where member-posted Reviews are found to run afoul of a relevant law such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and the Copyright Act, the Company shall take a step under the law when a rightful party asks for the posts’ interruption or deletion of such Reviews.
② Even if there is not a request from a lawful party stated in the foregoing ①, the Company may take a temporary step against the Reviews under the law, if it is judged that there is a factor infringing on others’ right or running afoul of these Terms of Service, the Company’s policy or relevant laws.
③ Those including the Company shall not access Reviews that a member sets as “not open to the public” unless requested to provide the relevant information from the court or by the law.
④ Reviews posted by members on the Service may be reproduced, transmitted, displayed or distributed within the Service and other Blingdear-provided services. The content of Reviews may be partly revised, omitted or edited in the course of being exposed to the Service screen. The Company may make secondary work, using member-posted Reviews.
⑤ The Company may provide Reviews to the Service-related partner businesses such as media or communications businesses to publicize/promote the Service and let the partners report or televise Reviews. In such a process, the content of Reviews may be partly changed or omitted or edited. Regarding what is stated in this ⑤, the Company guarantees the following to members:
- The materials provided to the partners will not include members’ personal information. The Company will comply with members’ request for deletion or interruption of the Reviews immediately.
- When using member-posted Reviews commercially, the Company will obtain the member’s prior consent by stating information such as the parties to whom Reviews are provided, the purpose of the provision, and the provision period.
Article 16 (Interruption/Termination of Use of the Service)
① Members may ask that the Company’s arranges for their membership withdrawal at any time. The Company shall process such request promptly in a way separately communicated to members.
② Members may ask for the Company’s arrangement for the interruption of their use of the Service through the Service page or email. The Company shall process such a request promptly in a way separately communicated to members.
③ In the event of a member’s violation of Article 9 (Members’ Obligations) herein or obstruction of normal operation of the Service, the Company may put a limit on his/her membership or terminate the Service Agreement or stop his/her use of the Service temporarily after sending a notice to him/her.
④ As regards the foregoing ③, the Company may stop a member’s use of the Service for good immediately if one of the following is the case: provision of an illegal program in violation of the Copyright Act and the Computer Programs Protection Act; illegal communications, hacking, distribution of malicious programs, an excess of access rights, or more in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
⑤ Where a member does not log in to the Service for three (3) months on end, the Company may put a limit on his/her use of the Service to protect the other members’ personal information and for a more efficient operation of the Service.
⑥ A member may raise an objection to the limit put on his/her use of the Service under this Article 16, following the Company-provided procedure. The Company shall restore the member’s status upon recognizing that objection is reasonable.
Article 17 (Responsibilities and Denial of Responsibilities)
① The Company shall not be responsible for a problem in relation to a member’s use of the Service caused by a reason attributable to him/her including his/her failure to observe these Terms of Service or the method/criteria of using the Service.
② The Company shall not guarantee the reliability or accuracy of information and materials posted on the Service.
③ The Company shall not be responsible for transactions carried out between members or between a member and a third party through the Service.
④ The Company shall not be responsible for part of the Service provided free unless otherwise stipulated in the relevant laws.
⑤ The Company shall not be responsible for the inability to provide the Service caused by a force majeure situation such as an act of God, war, telecom service interruption, a problem in relation to the certification of a third party-provided open ID or an intractable technical problem.
⑥ The Company shall not be responsible for the interruption of a problem in the Service caused by an inevitable reason such as repair or periodic checks of relevant facilities communicated to members in advance
⑦ Members shall be responsible for loss and/or damages in computer systems or loss of data/information as a result of downloading or accessing specific programs or information using the Company’s Service at their own discretion.
⑧ The Company shall not be responsible for loss and/or damages caused by telecom provider’s interruption of, or failure to provide, its service.
⑨ The Company shall not be responsible for loss and/or damages caused by a reason attributable to a member such as error in his/her computer, inaccurate statement of his/her personal information/email in materials submitted to the Company, or inadequate management of his/her password.
⑩ The Company shall not be responsible for a problem occurring without a reason attributable to the Company such as a member’s computer environment or a security problem not within the scope of the Company’s management or network hacking that cannot be prevented with the current level of security systems.
⑪ The Company shall not be responsible for the accuracy, completeness, legality and reliability of important information in the content provided through the Service. The Company shall not be ultimately responsible for deletion of a website, failure to save, or provision of misinformation that may occur in the course of the Service. The Company shall not be responsible for the accuracy, completeness, quality and reliability of information posted or transmitted by a member on the Service or a website.
⑫ The Company shall not be responsible for a dispute that may occur between members or between a member and a third party while using the Service. The Company shall not be responsible for loss and/or damages caused by such a dispute.
⑬ The Company shall not be responsible for the failure of a member to obtain expected benefit or effect from the Service. The Company shall not be responsible for loss and/or damages that may occur due to a member’s choice or use in relation to the Service.
⑭ The Company shall not be obligated to review the content of a material posted by a member on the Service in advance or check or ascertain such content from time to time and shall not be responsible for any result of what is stated in this sentence.
The Company is merely a provider of brokerage services for payment information or the mail order brokerage system. All loss and/or damages occurring due to misinformation provided by a seller on the Service shall be the seller’s responsibility and all obligations/responsibilities concerning the ordering, delivery, and refund of goods shall lie with the seller.
Article 18 (Governing Law and Court of Competent Jurisdiction)
① Lawsuits filed between the Company and a member/members concerning the Service shall be governed by the laws of the Republic of Korea.
② Lawsuits on disputes between the Company and a member/members concerning the Service shall be brought before the court stipulated in the Civil Procedure Act.
These Terms of Service shall enter into force on , 2018. These Terms of Service shall supersede the preceding one with the same title. Those subscribed for the Service before the date of these Terms of Service shall also be subject to these Terms of Service.