Terms of Service
KidsArtCenter is a Korean company and subject only to Korean laws and jurisdiction.
Chapter 1. General terms
Article 1 (Purpose)
This terms (Hereinafter, “Terms”) aims to rule rights and obligations of the KidsArtCenter (Hereinafter, “the Company”) and its members (who agree with this Terms and completed membership registration) regarding mobile services provided by the Company (Hereinafter, “the Service”; it means all the available “Services” provided by the Company).
Article 2 (Definition)
Following terms used in this Terms have following meanings:
- “Service” means all services related to web and applications provided by the Company that “member” can use regardless of types of terminal including various types of wire and wireless equipments such as PC, smart phones, potable terminal.
- “User” means user clients and members who use “Service.”
- “User client” means person who is willing to use “Service” after joining membership or who is willing to use “Service” without joining membership.
- “Member” means a “User client” who contacted “Service,” agreed with this Terms, and received passwords.
- “Member information” means personal information including name and contact information entering of which is required when filling out membership joining application form (Hereinafter, “Application form”).
- “ID” means combination of letters (including symbols) and numbers that “User client” sets and the Company confers in order for identification of “User client” and the use of “Service”.
- “Nickname” means combination of letters and numbers that “User client” sets and the Company confers in addition to “ID” in order for identification of “User client” and the use of “Service.”
- “Passwords” means combination of letters and numbers that “User client” sets in addition to “ID” in order for making sure whether it identifies with “ID” conferred to the “User client” and for protecting rights of “User client.”
- “Terminal” means equipments including personal computer, mobile equipments, and modem that “User client” installed for the use of “Service” provided by the Company.
- “Charged service” means all kinds of online digital contents and offline services provided by the Company with charges.
11.“Post” means various types of writings, photos, videos, files and links in formats of information that “Member” posted at “Service” when using the “Service.”
- “Affiliate contents” means various ways of using points that the Company prepared by affiliating with other companies.
Article 3 (Manifestation, effects, and amendment of the Terms)
- The Company will post contents of this Terms at the initial page of the Service; and this Terms takes effect by posting at “Service” or by notifying to members in other ways.
- The Company may amend this Terms when there is reasonable ground for amendment unless such amendment violates Online Digital Contents Industrial Development Act, Act on the Consumer Protection in the Electronic Commerce Transactions, Etc., Regulation of Standardized Contracts Act, and Framework Act on Consumers.
- In case of amendment of Terms, the Company shall manifest reasons of the amendment and effective date and notify these information and current Terms in ways set forth in the section 1 of this article during the time period between 7 days before the effective date and 1 day before the effective date. However, amendment of important provisions with respect to rights and obligations of members shall be notified at least 30 days before the effective date; and amended Terms shall be notified by sending e-mails to e-mail address registered by the members or by similar ways.
- In case where a member does not expressly deliver his/her objection to the amended Terms that was notified or announced within 30 days from the date of notice, the member is regarded as agreeing with the amended Terms. In case where the member disagrees with the amended Terms, he/she may request membership withdrawal (termination).
Article 4 (Interpretation of the Terms)
- The Company may have separate Use Terms and policy (Hereinafter, “Other Terms, Etc.”) for charged service and separate service. “Other Terms, Etc.” prevails when contents of it conflicts with this Terms.
- “Other Terms, Etc.” and related laws and regulations or commercial customs apply for the matters not set forth in this Terms.
Chapter 2. Use contract formation
Article 5 (Formation of Use contract)
1, Use contract is formed by User client’s consent to the contents of this Use Terms and by the Company’s acceptance of the client’s application for usage.
- User client may express its consent to this Use Terms by clicking “Consent” button in the service.
- In case of application under the sections 1 and 2 of this Article, “the Company” may request verification of real name and verification of identity through specialized institutes according to types of “Member.”
- “Company” may withhold acceptance when it does not have available service-related equipment or when there are technological or business-related problems.
- In case where the Company withholds acceptance of membership joining application according to the sections 1 and 2 of this Article, in principle, “the Company” shall notify such situation to membership joining applicants.
- Use Contract forms at the time when “the Company” express completion of membership joining at the application process.
- “The Company” may differentiate service uses by specifying time length of use, number of use, and service menu according to grades of the members based on company policy.
- “The Company” may limit use of the “members” by grades in order to comply with grade and age limits under “Promotion of the Motion Pictures and Video Products Act” and “Juvenile Protection Act.”
Article 6 (Application for service use)
There can be occasions where users should register some information such as real name and information of their children in order for smooth use of certain services.
In case where a member files an application under other person’s name, all IDs of the member will be deleted and the member may be punished according to the related laws and regulations.
- The Company may differentiate service uses by specifying time length of use, number of use, and service menu according to grades of the members.
Article 7 (Acceptance and limits of application for usage)
- The company, in principle, shall accept applications for service use under the Article 6 according to time order of application unless there are problems regarding the Company’s task conducting or technology.
- The Company shall not accept applications for service use in following occasions.
ㆍ When a person files application under other person’s name
ㆍ When a person filled use contract application form with false information
ㆍ When purposes of the application is disturbing wellness and order of the society or sound tradition
ㆍ When a person plans to use this service for inappropriate purposes
ㆍ When a person plans to use this service for seeking economical profits
ㆍ When the application violates other matters set forth in this Terms
ㆍ When an applicant is a user who is in competing relationship with this service
ㆍ When the application violates other matters set forth in this Terms
- The Company may withhold acceptance of applications in following occasions until such occasions are resolved.
ㆍ When the Company has no available equipment
ㆍ When the Company has technological problems
ㆍ When the Company’s acceptance of applications is impracticable due to reasons for which the Company is responsible.
- The Company may withhold its acceptance according to what set for each service when the applicant is underage person according to the related laws and regulations.
Article 8 (Protection and use of personal information)
- The Company make its best efforts to protect user’s personal information including user registration information according to related laws and regulations.
- With respect to protection and use of user’s personal information, related laws and regulations and the Company’s personal information protection policy apply. However, the Company’s personal information protection policy applies only the Company’s official web site. It does not apply to other web sites linked to the official web site. Also, the Company is not responsible for disclosure of personal information due to the user’s faults.
Article 9 (Conferring and changing user’s ID)
- The Company provides user client with user’s ID according to this Term.
- In principle, user cannot change his ID. If the user wants to change his ID due to unavoidable excuses, then he should terminate current ID and re-join.
- Kidsart5’s user ID may be connected to member ID of the Company’s other sites under the user’s consent.
- User ID may be changed in following occasions through the request of the use client or the Company.
ㆍ When user ID is the user’s personal phone number or other contact information and infringement of privacy is concerned.
ㆍ When the user ID is loathsome to others or when it is against sound tradition
ㆍ When there is other reasonable excuses
- User is responsible for managing his user ID and passwords. User is responsible for the results of damages in service use or unauthorized use by the third party that was caused by the user’s negligent management of such information. The Company is not responsible for such damages.
- Other matters regarding management and change of user’s personal information shall be governed as each service sets.
Article 10 (Notice to “member”)
- In case where “the Company” notifies to “member”, it can use service‘s electronic mailing system or electronic messages unless this Terms sets otherwise.
- In case of “the Company’s” notice to all “members”, posting at “the Company‘s” board for more than 7 days may be substitute for notice under the Section 1 of this Article.
Chapter 3. Obligations of the parties to contract
Article 11 (Obligations of the Company)
The Company shall make service available to user clients on the initial service date unless there are special circumstances.
Article 12 (Obligations of user)
- A user shall fill application form for membership joining and member information modification form with his own information based on facts. In case where the user registers with false or other person’s information, the user may not any assert right.
- A member shall comply with matters notified by the Company and related laws and regulations including matters set forth in this Terms and other provisions set by the Company, and public notice. A member shall not conduct acts that hinder the Company’s business or that harms good reputation of the Company.
- In case where a member’s use contract related information including address, contact information, and e-mail address is changed, the member shall immediately inform the Company about such changes following proper procedure.
- Except where the Company shall be responsible under related laws and regulations and its “personal information protection policy,” a member shall be responsible for all the results caused by negligent management of user ID or unauthorized use of user ID.
- A member may not conduct promotion activity for himself without prior permission of the Company. The Company is not responsible for the results of such promotion activities. Also, in case where the Company is damaged by such promotion activities by a member, the member shall pay damages. The Company may claim damages to the member after using adequate procedure including restricting service use of the member.
- A member may not assign, give, or provide for security service use authority or other status based service use contract to a third party without express consent of the Company.
- A member must not infringe intellectual property of the Company or the third party. A member shall bear all the responsibilities for the infringement of intellectual property. In case of such infringement by a member, the Company may take necessary steps under related laws and regulations including deletion.
- A member must not conduct following acts. In case of such occasion, the Company may punish the member by limiting service use of the member and by legal measures.
ㆍ Registering false information for application for membership joining or for changing member information
ㆍ Pirating ID, password, or contact information of other user
ㆍ Transacting use ID with others
ㆍ Representing himself as a manage, an employee, or related person of the Company
ㆍ Changing the Company’s client program without authorization, hacking the Company’s server, or changing whole or part of web site or posted information without authorization.
ㆍ Harming service or intentionally hindering services
ㆍ Copying information earned through this service for the purposes other than using service without prior permission of the Company; using such information for publishing and broadcasting; or providing a third party with such information
ㆍ Distributing information, sentence, figure, sound, or video that has indecent or obscene contents violating public order and sound tradition to others by transmitting, posting, e-mailing or other ways
ㆍ Distributing contents that in insulting or may infringe other person’s privacy or fame to others by transmitting, posting, e-mailing or other ways
ㆍ Harassing or threatening other user, or continually inflicting pains or inconvenience to specific user
ㆍ Collecting or storing personal information of other users without permission of the Company
ㆍ Activities that are objectively judged as connected to crimes
ㆍ Violating rules set by the Company including this Terms, use conditions, or use conditions
ㆍ Other acts that violate related laws and regulations
Article 13 (A third party’s use of postings)
- The Company may allow members to use public posting of other member for non-profit and personal purposes in ways of copying, transmitting, and PDF Artbook.
Chapter 4. Use of Service
Article 14 (Service use period)
- In principle, service use shall be available on every day and for 24 hours per one day unless there is business or technological problem. However, the Company may temporarily suspend service at specific date or time scheduled for regular system check-up, extension and replacement of the system. Such temporary suspension of service use due to scheduled work shall be notified through service.
- The Company may temporarily suspend service without notice scheduled for urgent system check-up, extension and replacement of the system. The Company may also completely stop current services for the causes that are judged by the Company as adequate including replacement by new services.
- In case where regular service providing is impossible due to national emergency, power blackout, congestion of service use, the Company may limit or suspend whole or part of service. However, reasons and periods of suspension shall be notified before or after such suspension.
- In case of service suspension due to the reasons beyond control of the Company (Disk disability or system down occurred without intention or negligence of system managers), prior notice is impossible. In case of system stop due to intention or negligence of others (PC communication companies or Key telecommunication business operators), the Company does not notify.
- The Company may separately designate available use time by each category after categorizing services. However, the Company shall notify such matter.
Article 15 (Management of user ID)
- A member is responsible for management of user ID and passwords.
- Because the Company conducts various management tasks based on user ID, the Company may limit a member’s change of user ID.
- User client is responsible for negligent use of service or unauthorized use of a third party occurred by user ID and password registered by the user client.
Article 16 (Management of posts)
- The Company may delete without prior notice, move, or refuse to register following posts or materials.
ㆍ When the contents are insulting or defaming other members or a third party
ㆍ When it distributes or links contents against public order and sound tradition
ㆍ When the contents encourages illegal copying or hacking
ㆍ When it is an advertisement for the purpose of gaining profits
ㆍ When it is objectively judged that the contents are related to crimes
ㆍ When it infringes copyright or other rights of other member or a third party
ㆍ When it does not comply with the Company’s policy for posts or when it does not match with characteristics of the specific board in which the posts or material was posted
ㆍ Other occasions where it is judged that it violates other related laws and regulations.
Article 17 (Copyright of posts)
- Copyright of the posts in the service screen posted by a member belongs to the member. Also, the Company may not commercially use the post without the uploader’s permission. However, the Company may use such posts for non-profit purposes without the uploader’s consent. The Company also has right to upload such post in service.
- A member may not commercially use materials posted at service in a way of altering information gained through service or selling the information.
- The Company may delete without prior notice, move, or refuse to register materials in service posted or registered by a member when such materials falls in occasions listed in the Article 16 of this Terms.
Article 18 (Providing information)
- The company may provide a member through e-mail or mailing with various information that it regards as necessary for the member’s use of service.
- The Company may request, under the consent from the member, additional personal information for the purposes of improving service and introducing service to members.
Article 19 (Posting advertisement and transacting with advertisement owner)
- Part of service investment foundation comes from profits from posting advertisements. A member agrees with the Company’s posting advertisements that are revealed in time of service use.
- The Company is not responsible for any loss or damage occurred by a members’ participation, contact or transaction with the sales activities by the advertisement owners in reliance of posts in the service.
Article 20 (Artbook making)
- A member may request making of Artbook (PDF Artbook, KidsArtbook) using images of art works posted by the member.
- Only the Company may make art books; and a member shall pay all the necessary costs and expenses.
Article 21 (Use of affiliated website)
- A member may use affiliated websites of the Company.
- For this purpose, the Company may share personal information of the member with the affiliated websites.
- The Company is not responsible for anything related to the disputes regarding the use of the affiliated websites in which the websites have faults.
Chapter 5. Terminating contract and limiting service use
Article 22 (Amendment and termination of contract)
- In case where a member is willing to terminate use contract, the member shall proceed membership termination using menu in Kidsart5 App.
Article 23 (Limiting service use)
- The Company may limit a member’s service use when the member violates Article 11 of this Terms or in following occasions.
ㆍ When the member uses indecent ID and nickname that harms sound tradition
ㆍ When the member insults other user(s) severely or when the member hinders other user’s service use
ㆍ When the members hinders the Company’s regular management of service in other ways
ㆍ When the Company is required to correct by related government offices including Korea Internet Safety Commission
ㆍ When the member did not use service for more than 3 consecutive month
ㆍ When it is illegal webpage:
A. When the member uploaded commercial software or crack files
B. When the member posted obscene materials that violate Rule 7 of Korea Internet Safety Commission management rules
C. When the member’s posting include contents that aim anti-national activities
D. When the member copies writing protected by copyright without permission or posts music files protected by copyright at home account
- According to above rules, the Company may temporary suspend the members’ service use, initialize the member’s service use, or terminate the member’s use contract without separate notice, under rules for handling faulty users. Also, the Company may dispose the posts in problem without separate notice.
Chapter 6. Damages and other matters
Article 24 (Damages)
- The Company is not responsible for the matters not set forth in its Personal Information Protection Policy regarding a member’s use of free services.
- In case where a member damaged the Company by wrong doings including infringement of a third party’s intellectual right, the member shall pay damages for the Company.
Article 25 (Exemptions)
- The Company is exempted from the obligation to provide service in a situation where it cannot provide the service due to disaster, war, and other force majeure situations.
- The Company is exempted from the obligation to provide service in a situation where damages occurred due to key telecommunication business operator’s failure to keep providing services or to provide regular services.
- The Company is exempted from the responsibility for damages occurred by maintenance, replacement, regular checking, or construction of equipments for services.
- The Company is not responsible for disability regarding service use or damages occurred due to a member’s faults.
- In case where damages occurred due to errors of the user’s computer or due to the member’s negligent registration of his personal information or e-mail address, the Company is not responsible for such damages.
- The Company is not responsible for a member’s not acquiring of expected profits by using service or for a member’s loss of profits.
- The Company is not responsible for damages occurred by materials that a member gained through service use. Also, the Company is not responsible for a member’s emotional distress inflicted by other members.
- The Company is not responsible for credibility, accuracy of various information, materials, and facts posted by a member.
- The Company does not have any obligation to involve in disputes between users and between a user and a third party regarding service; and it is not responsible for paying any damages.
- The Company is not responsible for damages regarding a member’s use of free services.
Article 26 (Jurisdiction and governing law)
- Related laws and regulations including Telecommunications Business Act and commercial customs apply for the matters not set forth in this Terms.
- For fixed rate service members and other charged service members, separate Terms and policy apply.
- In case of litigation regarding disputes regarding service use, a court that has jurisdiction over the principal office of the Company has jurisdiction over the case.
This Terms takes effect from February 26, 2014.