Chapter 1. Key Terms
Article 1. (Purpose)
The purpose of this agreement is to prescribe the right, duties and responsibilities of Media Bling (Hereinafter referred to as “Company”) and members (Service users who complete the subscription registration and agree to all of the terms on this agreement. Hereinafter referred to as “Member”) subscribed to online services (Hereinafter referred to as “Service” and all services provided by the Company regardless of connecting LAN or wireless terminals) provided by the Company.
Article 2. (Terms, Effect and Amendment)
1. The Company shall display the agreement on the initial service page for members to easily access the agreement content.
2. The Company may amend the terms and conditions of this agreement without prohibiting the following laws: Online Digital Contents Industry Development Act, Consumer Protection for e-Commerce Act, Regulations on Agreement Act, Framework Act on Consumers.
3. In case of the Company’s amendment on the agreement, the Company shall notify the current and amended agreement, effective date and reason of amendment on the service website as well as via members’ given email addresses 15 days prior to the effective date for substantial period of time and 30 days prior to the effect date for substantial period of time after the effective date, if the amendment carries any disadvantage for the members.
4. As the Company notifies the amendment to members, if the member does not express the intention of refusal within 7 days after the amendment’s effective date, the Company may consider the case as approval of amendment. If the member does not agree to the amendment, the member may terminate the subscription agreement according to the Clause1 of Article 17.
Chapter 2. Member subscription and management
Article 3 (Member subscription process)
1. If the user clicks the “Agree” or “OK” button after reading the agreement, it will be considered as acceptance of the agreement.
2. For member subscription to the Company’s service, service users shall agree to the agreement as stated in Clause 1, enter required information including a member ID on the online subscription application, and click “subscribe” or “ok” tab. In case the Company decides that it is necessary, it can require additional documents from the member.
3. For corporate member subscription, submission of additional documents besides the subscription fee is required.
4. In case service users and payee of subscription are different for corporate member subscription, the Company may require additional proof of document.
Article 4. (Validity, Defer, Decline of Subscription)
1. Member subscription is validated by the Company’s approval and service user’s submission of member subscription application according to Article 3. When an applicant completes the required information and application submission, the Company shall approve the application without delay. In case of submission of additional document, the above shall not be applied.
2. The Company may defer the approval of membership subscription in any one of the following cases:
If there is not enough installed capacity for the provided service
If it is observed that there is a technical difficulty in order to provide the service
If the application is under a corporate applicant and did not fulfill Clause 3 or 4 of Article 3.
If another company is needed financially or technically
3. The Company may decline the member subscription in any one of the following cases:
If the subscription application is filled out with false information or false documentation is attached with the application.
If the application is under a corporate applicant and did not fulfill Clause 3 or 4 of Article 3 within certain period of time.
If children under 14 do not have permission from legal personal representative or either of parents in respect to personal information
If another company [A1] in conformity to related laws presents concern to harm traditional custom or social order ]
An applicant that was terminated by the Company in accordance to Clause 2 of Article 17 applies again.
Article 5 (Membership ID and supervisory responsibility)
1. Member shall be responsible for all of disadvantages occurred due to member’s negligence and mistakes including illicit use of membership ID by third party, responsibility of password and member ID management. If the disadvantage is caused by the Company’s negligence or mistakes, the Company shall take responsibility of the case.
2. If the Member realizes a theft of member ID, password and additional information or that a third person is using such information, the Member shall manage to update the password and notify the Company to follow related guidelines immediately.
Article 6. (Collection of personal information)
The Company shall collect necessary personal information of the Member to provide the service based on the related laws.
Article 7. (Revision of member information)
The Member shall update personal information on the management page in case of one of the following clauses. The Company will not be responsible for any loss occurred due to Member not updating the personal information. In case of corporate member, the Company may require a separate update process:
Birth date, address of resident, contact information
Mailing address, interest, hobby
Intention of receiving newsletter for each service
Additional information recognized by the Company
Chapter 3. Terms and Conditions of Use
Article 8 (Terms and Conditions of Use)
1. The Service shall be available immediately after the approval by the Company. In case of paid subscription, the Service will be available after payment status is checked by the Company.
2. In conformity with the law, if an underage member attempts to use the paid service, the underage member shall present the approval of legal representative prior to payment.
3. Service hours shall be 24 hours per day (00:00-24:00) all year around, except in the case of technical or business reasons of the Company. In case of technical maintenance of service installment, the Company may designate service date and time according to service categories.
Article 9 (Notification of service change)
1. The Company may notify termination or any change of service content via the Member’s registered email address in case of contract termination with Contents Provider (CP), change of CP, or launch of new service.
2. For Clause 1, if the notification is announced to all Members, the Company may notify the Members through the website and notification board on the website. If the information carries critical impact on the Member and transaction, the Company shall notify on the notification board for significant period of time and send out individual notification to the email address authorized by the Company.
3. If the paid service terminates, the Company shall notify the Member via email according to Clause 1 and refund according to Clause 4 of Article 16.
Article 10 (Authority and Copyright)
1. Posting content (Hereinafter referred to as the “Content”) uploaded by the Member within the service page belongs to the copyrighter of the Content.
2. The Content may be exposed on search results or related promotions and may be revised, copied or edited partially. In this case, the Company shall act in conformity with copyright laws and the Member may request removal, exclusion from search results, non-disclosure of the Content through customer service or management features for each service.
3. The Company shall gain the Member’s consent via phone, fax or email in case of using the Member’s content in forms other than stated in Clause 2.
Article 11 (Limitation or suspension of service)
1. The Company may limit or suspend the Member’s service in case of one of the followings:
If the Member intentionally interferes with the Company’s operation of service
If the Member violates duties stated in Article 13
Due to service maintenance, repair or construction
If telecommunication service is suspended by the carrier during the period stated in the Telecommunications Business Act
Due to a state of national emergency, errors in service installment, service interruption due to heavy traffic
If the Company acknowledges that the service is inappropriate due to certain critical reason
2. The Company shall notify the Member if the Company limits or suspends the service according to the preceding clause.
3. If the Company decides to terminate the agreement with the Member and revoke the membership, the Company shall notify the Member prior to termination and the Member shall be given an opportunity to plea against the decision within 30 days of notice.
4. If there is no record of log-in for three consecutive months to use the service, the Company may limit the email reception of Hanmail Net Service.
5. According to the laws of Information Network use and protection (Hereinafter referred to as the “Information Network Law), if another member’s published content violates the Member’s privacy or defamation, the Member or third party may report the violation to the Company and request deletion of content or to publish complaints. If the Company is unable to judge the violation of right or if a dispute between members is foreseen, the Company may take action (“Temporary Action”) of blocking access to the content up to 30 days.
6. According to Article 5, the Member whose content has been taken into Temporary Action (Hereinafter referred to as the “Publisher”) may request to restore the content during the Temporary Action (Hereinafter referred to as “Reposting Claim”) and the Company may decide the restoration internally without the claimer’s agreement or the Company may request the Korea Communications Standards Commission for a decision such as defamation on behalf of the claimer. In case of Reposting Claim, if there is a decision by the Company or Korea Communication Standards Commission during the Temporary Action, the member shall follow the decision. If the decision is not made during the Temporary Action, the content will be restored after the Temporary Action is terminated. If there is no Reposting Claim, the Content will be deleted after the Temporary Action.
7. When the Company judges that posting content on the service website violates a third party’s rights including privacy and defamation, Temporary Action may be taken (Hereinafter referred to as “Random Temporary Action”). Random Temporary Action process shall follow the latter part of Clause 5 and Clause 6.
8. In case of another member or third party taking a legal action on criminal and civil suits (ex. File civil suits including criminal lawsuit, injunction, damages claim), the Company may temporarily restrict access to related content until the final decision of the court. Calling for legal action related to restriction on content, responsibilities followed by the court’s final decision shall be taken care of by the claimer requesting the action for content.
Article 12 (Company duties)
1. The Company shall conscientiously perform all the appropriate action including maintenance and restoration in order to provide stable and continuous installment for security and service.
2. The Company shall not send commercial purpose emails, SMS messages without the Member’s consent.
3. The Company shall protect, not leak, or distribute the Member’s personal information obtained through service application to a third party without consent. Other items related to the Member’s personal information protection shall follow personal information management guideline set by the Company and Information Network Law.
4. If the Company signs a service contract with a third party to provide service to the Member, the Company shall receive the Member’s consent on the Member’s personal information and follow related laws by sharing only the agreed range of information during the service.
Article 13 (Member’s duty)
1. The Member shall not act any of the followings:
Submit false information for membership subscription or revision
Change information published on the Company’s service or copy, publish, broadcast information obtained through the Company’s service to a third party with commercial or non-commercial purpose without the Company’s previous consent
Collect money by offering an advertising opportunity to a third party using the Company’s service or advertise on behalf of third party and transfer the right to use the service and collect money in return.
Violate the Company’s or third party’s right by posting false information about the Company or third party or violate intellectual property
Falsely use the service by stealing another member’s ID or password
Use the Company’s paid service by using another person’s payment information such as bank account or credit card number without the person’s consent
Publish trademark information or send emails with violent messages, videos, voice, or send emails that advise to join a pyramid organization, or send junk mail, spam mail, chain letters
Publish or send information prohibited (computer program) by the Information Network law
Publish harmful media content for youth stated in the Youth Protection Act
Spread information, statement, figures, voice that violate public order or traditional custom
Send emails or post comments using another person’s name or pretend as a service administrator or the Company’s employee.
Send emails or publish materials that carry software virus, other computer’s code, file, and program
Disturb other member’s service by stalking, swearing, plastering with chatting messages
Disclose, save or collect other member’s personal information without consent
Publish advertisements aimed at mass number of members or initiate commercial purpose activities using the Company’s premium email service to send out spam mails
Adapt software provided by the Company or reverse engineer, decompile, disassemble
Violate regulations related to terms and conditions of additional services set by the current constitution or the Company.
2. The Company may unilaterally terminate the agreement, limit the service, temporarily or permanently delete posting content in case the Member performs one of the activities stated in Clause 1.
3. When adult certification is required according to related laws of service provided by the Company, the Member shall provide identification according to the way set by the Company in order to use the service.
Article 14 (Membership transfer prohibited)
The Member subscription shall not be transferred, given or be used with a purpose of pledged right.
Article 15 (Payment of service fee)
1. The Member shall use the service after paying the service fee in case of using the Company’s paid service
2. The payment method for paid service provided by the Company include mobile payment, credit card payment, telephone payment, account transfer, direct deposit, Daum cash payment and there may be difference in payment method according to each paid service.
3. In case of services that require monthly payment, automatic monthly payment transaction will be activated unless the Member requests cancellation of service and monthly payment.
4. The Company may require additional personal information of the Member necessary for payment transaction and the Member shall provide accurate personal information required by the Company. The Company will not be responsible for any loss occurred to the Member due to inaccurate or false personal information given by the Member, unless it is the Company’s mistake.
Article 16 (Refund of service payment and objection)
1. The Company shall refund the fee that was paid falsely by the Member.
2. Payment refund due to the Member’s attributable reason as follow:
Payment for single use service will not refundable after the transaction. Except, when the transaction is completed and the service including Avatar, background music, skin with unlimited time period shall be refundable after the payment transaction within one year from the payment date and the refund amount shall be the payment amount*(365 – days of usage/365)
If the paid service by the Company operates less than a month (from the payment date) after the payment, the amount excluding the usage days from the terminated date shall be refundable. This rule shall apply to the service of monthly payment
When the paid service by the Company continues for longer than one month period after payment, it shall be refundable excluding the amount of days used from the termination date and 10% of service days left. In case of cancellation request within the first 7 days after the service start date, the amount excluding the used days shall be refundable.
3. Full amount paid by the Member shall be refundable in case of one of the followings:
No record of service use after the Member completed payment
When the service was not available due to the Company’s attributable reasons even after fulfilling the technical specification suggested by the Company or service errors
If the service purchased by the Member was not provided
If the service has a significant difference from the indication or advertisement
If the service is not available due to service defect
4. Service fee shall be refundable due to the Company’s attributable reasons including Clause 2 of Article 3 or suspension of service. The Company shall refund the amount reflecting paid service days left and additional 10% of such amount to the member. Service paid through single transaction including Avatar, background music, and wallpaper with unlimited time period shall be refundable within one year after the purchase.
5. The Member may raise an objection against the service fee. The objection shall be raised within one month after the reason was found and three months after the reason occurred.
6. The Company shall not refund any amount to the Member who violates Article 13 and for those whose service has been restricted by the Company or agreement has been terminated.
7. In case of full refund, the primary method is to use the payment method used by the Member to make the payment. If such payment method is not possible or in case of partial refund of cancellation, the refund may be made through the way set by the Company.
8. Refund stated in this Article shall be made within three business days after the refund status has been decided and if the refund is delayed, the interest rate of the delay is to be 11% annually. If the Member’s cooperation is necessary for the refund, there shall be no interest rate for the delay occurred by the Member’s attributable reasons.
9. Necessary cost for refund due to the Member’s attributable reason will be paid by the Member and the cost caused by the Company’s attributable reason will be paid by the Company.
Article 17 (Cancellation of subscription)
1. If the Member cancels the subscription, the Member may delete the member ID and withdraw according to the process set by the Company on the member information management
2. If the Member violates Article 13, the Company may unilaterally terminate the agreement and take civil and criminal action for any loss occurred for the service.
3. If there is no record of log in for the service for one year during the subscription, the Company may withdraw the Member’s right.
4. Cancellation of paid service shall be established through the Member’s request of cancellation and the Company’s approval. The cancellation and necessary refund shall go into effect from the period the Company approves. For any refund, provisions of Article 16 to be applicable.
5. In case the cancellation process or effect for each paid service that differs from the provisions of Clause 4, separate provision for each paid service shall be applicable.
6. If the agreement is terminated, the Content such as emails and blogs registered under the Member’s account shall all be deleted. The Content copied or shared by other members on shared bulletin will not be deleted.
Chapter 4 (Others)
Article 18 (Youth Protection)
The Company, as a liberal space for all ages, protects youth from harmful information and enforces separate youth protection policy set by the Information Network Law in order to help youth with safe internet use. Detailed information is available on the Company’s service page.
Article 19 (Exemption)
1. The Company shall not take responsibility for the Member’s loss occurred due to any of the followings:
In case of natural disaster or uncontrollable situations
In case there is an intentional disruption of service by a third party who has a service partnership with the Company
In case there is an error in service due to the Member’s attributable reason
In case there is no mistakes by the Company except stated as in Clause 1 or 3.
2. The Company shall not guarantee information, data, credibility and accuracy of facts published on the service by the Member or provided by CP and the Company shall not be responsible for the Member’s loss occurred by such reason.
Article 20 (Solution for dispute)
This agreement is regulated and performed in conformity with Korean Laws and any dispute between the Company and Member shall be overseen by the court that manages the civil lawsuits.
Article 21 (Provision of Article)
Items not stated in this agreement shall follow related laws and items not stated in the law shall follow related customs.
Additional Provision (2009. 8. 7)
This agreement takes effect from September 6 of 2009.