Thank you for choosing KoreabyMe. The terms of this agreement (the “Terms”) determine the relationship between you (“user” or the “customer”, including “member” and “non-member”) and KoreabyMe regarding your use of KoreabyMe’s website, application (the website and application, ‘Site’), products and services (collectively, “the Services”) and payment processing services. By accessing and using this site, you agree to be bound by these Terms. In addition, when using particular services or any text, images, photos, location data, and other materials uploaded on this site (collectively, the “Content”), users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms. All such guidelines or rules are hereby incorporated by reference into these Terms.
By using KoreabyMe Services, you agree to these conditions. Please take the time to read them carefully and understand your rights and restrictions.
The purpose of this Terms and Conditions (hereinafter referred to as ‘Terms and Conditions’) is to set forth rights, obligations and responsibilities between the Company and members, and other necessary matters with respect to the use of services of KoreabyMe (www.koreabyme.com) provided by Yescalldotcom, Inc. (hereinafter referred to as the ‘Company’).
2. Definition of terms
The definitions of the terms used in this Terms and Conditions are as follows.
- ‘Member’ means a user who agrees to these Terms and Conditions, receives a user ID and password and uses services provided by the Company.
- Use contract’ means all contracts concluded between the Company and members concerning the use of services including these Terms and Conditions.
- ‘Subscription’ means that a user intending to be a member agrees to these Terms and Conditions, fills out the Company’s service application form with the necessary information, applies for a service use contract and obtains the Company’s approval.
- ‘Withdrawal’ means that a Member terminates his/her use contract.
- ‘User ID’ means a combination of characters and numbers that a member determines for identification of the member and use of services, and that is approved by the Company.
- ‘Password’ means a combination of characters and numbers that a member determines and registers to verify the identity of the member distinguished by user ID.
- ‘Terminal’ means a computer device such as personal computer, PDA, mobile phone and IPTV.
- ‘Postings’ means writings, photos, videos, and various files and links, etc. that members post while using services.
3. Posting and revising Terms and Conditions
- The Company will post these Terms and Conditions on the first page of KoreabyMe in order to ensure members notice it easily.
- The Company may revise these Terms and Conditions within the scope of not violating relevant laws such as the ‘Act on the Regulation of Terms and Conditions’ and the ‘Act on Promotion of Information and Communications Network Utilization and Information Protection Act etc. (hereinafter referred to as the ‘Information and Communications Network Act’).
- In the event that the Company intends to revise these Terms and Conditions, it shall make the revised Terms and Conditions public from 30 days before the application date until the date immediately before the application date, together with the current Terms and Conditions by specifying the application date and reason according to the method in the paragraph 1. However, in case of revising it unfavorably to members, the Company will also notify through electronic means such as email, electronic note and a consent window upon login in addition to the public notice.
- If a member doesn’t agree to the revision of these Terms and Conditions, the Company may terminate the use contract with the member.
- If a member continues to use services without expressing an intention of rejection 15 days after the revised Terms and Conditions take effect, the member shall be deemed to have agreed to the revised Terms and Conditions.
4. RULES OTHER THAN TERMS AND CONDITIONS
- The Company may have individual terms and conditions or operation rules by service if necessary, and in case that the contents of operation rules contradict these Terms and Conditions, individual terms and conditions or operation rules by service shall prevail.
- Matters not specified in these Terms and Conditions shall follow relevant laws or commercial practices.
5. Conclusion of use contracts
- Use contracts are concluded when those intending to be members (hereinafter referred to as ‘membership applicants’) ‘agree’ to the contents of these Terms and Conditions, apply for membership and the Company approves such applications.
- In principle, the Company shall approve the use of services to membership applicants. However, the Company may reject approval or terminate use contracts afterward in the following applications:
- Where a membership applicant has lost membership before, according to these Terms and Conditions. However, this shall not apply when obtaining approval of resubscription from the Company;
- Where a membership application has subscribed by stealing another’s personal information such as name, email address and mobile phone number;
- Where a membership applicant enters false information or doesn’t enter essential items required by the Company;
- Where it is impossible to approve due to a reason attributable to users or the application was made by violating other regulations;
- Where an application was made to violate relevant laws or obstruct social order or traditional custom;
- Where a membership applicant intends to use this service for commercial purposes or other unjust purposes.
- If the Company doesn’t approve or reserves membership application according to paragraph 2, it shall inform the membership applicant of this.
- If a service use application belongs to any of the following, the Company may reserve approval until the reason for the restriction of approval is solved.
- Where the Company’s service-related facility has no spare capacity
- Where the Company has a technological or business issue
- Where it is impossible to approve use for other reasons
- If a use applicant is a minor according to relevant laws, the Company may reserve approval as specified in each service guidance.
- The Company may classify members by service, use time and use count, etc. and differentiate use.
6. Obligation to protect personal information and its use
- The Company shall do its best to protect members’ personal information following relevant laws such as the ‘Information and Communications Network Act”. Concerning the protection and use of personal information, relevant laws and the Company’s personal information policy shall be applied. However, the Company’s personal information policy shall not be applied to other sites linked to the Company’s official site.
- Members shall manage personal information such as user ID and password thoroughly to ensure that it is not exposed to others, and the Company will not take responsibility for information exposed due to a reason attributable to members.
- If a member becomes aware that the ID and password have been stolen or used by a third party, the member shall immediately notify the Company of this and follow the Company’s instruction.
- The Company may provide members’ personal information to a third party within the scope allowed bylaws in the following cases.
- Where the Company receives a request for information provision from investigating authorities or other government organizations according to legal procedures
- Where it is necessary to protect information such as for checking out illegal acts including members’ violation of laws or the Terms and Conditions
- Where required by other laws
- The Company may use members’ information to provide members with more diverse information services and related benefits. Besides, in case of providing members’ information to affiliated companies, the Company shall make the affiliated company, purpose and the content of members’ information to be used, etc. public in advance, and shall receive consent from members.
- The Company may share members’ information when merging with another company or splitting off.
- The Company may send cookies to members’ terminals when providing services. In this case, members may change settings in a way that the terminal’s browser rejects cookies or warns of receipt of cookies.
- By filling out members’ information in the application form of use, agreeing to these Terms and Conditions and applying for use, members are deemed to agree to the Company collecting, using and providing members’ information.
- The Company may use all or part of members’ information for business-related statistical purposes within the scope allowed by relevant laws, the Terms, and Conditions and its personal information protection policy.
7. Company’s obligations
- The Company shall not conduct any acts prohibited by relevant laws and these Terms and Conditions or contradicting traditional custom and shall do its best to provide services continuously and stably.
- The Company shall establish a security system for the protection of personal information to ensure members can use services safely and shall announce and comply with its personal information policy.
- The Company shall have personnel and systems necessary for properly handling users’ complaints or remedy requests occurring concerning the use of services.
- The Company shall address members’ opinions or complaints raised concerning the use of services which are considered reasonable.
8. Members’ obligations
- Members shall not conduct any of the following acts.
- Register false content when applying or changing
- Steal others’ information
- Change the information posted by the Company
- Send or post other information not determined by the Company (computer programs etc.)
- Infringe on the Company and a third party’s intellectual property rights such as copyright
- An act of damaging the Company and a third party’s reputation or obstructing business
- An act of disclosing or posting information such as obscene or violent messages, videos, and voices on services
- An act of using services for commercial purpose without the Company’s consent
- Other illegal or unjust acts
- Members shall comply with relevant laws, these Terms, and Conditions and the Company’s notifications, etc. and shall not conduct any acts obstructing the Company’s business.
- If there is a change in the personal information entered upon the application for use such as an address, contact information, and email address, and in the use contract, members shall immediately change them, and the Company will not take responsibility for problems arising from not changing them.
- Members shall not conduct sales activities using services unless agreed explicitly by the Company, and the Company shall not take responsibility for the results of sales activities. Besides, if a member causes damage to the Company by sales activities, the member shall compensate for the damage incurred by the Company, and the Company may restrict the use of services to the member and claim damages, compensation, etc. through proper procedures.
9. Granting and changing the user ID
- The Company will grant a user ID to members as specified in these Terms and Conditions.
- In principle, a user ID shall not be changed, but in case of intending to change due to an avoidable reason, a member shall terminate the ID concerned and subscribe again.
- A user ID may be linked to the member ID of the sites run by the Company or a subsidiary company and an affiliated company under the consent of members.
- If a user ID belongs to any of the following, it may be changed or suspended at the request of members or the Company’s authority.
- Where a phone number or a resident registration number is registered as a user the ID and thus it is likely to lead to a violation of privacy
- Where the user ID causes disgust to others or violates traditional custom
- Where user the ID is identical with the names of the Company, the Company’s services or service operators, etc. or is likely to cause misunderstanding
- Where other reasonable reasons exist
- Members shall take responsibility for managing a user ID and password. Members shall take responsibility for damages in service use or a third party’s unjust use arising from neglecting them, and the Company shall not take responsibility for them.
- In the event that a member becomes aware that a user ID and password have been stolen or used by a third party, he/she shall immediately notify the Company and follow the Company’s instructions, if any, and the member shall take responsibility for all disadvantages arising from not making such notification or not following the Company’s measure.
- Other matters related to the management and change of members’ personal information shall follow each service guidance.
10. Use of services
- In principle, services shall be operated 24 hours a day throughout the year unless there is any special problem with the Company in terms of business or technology. However, in the case of unavoidable situations such as a natural disaster and emergency, the Company may suspend services temporarily.
- The Company may suspend services temporarily for reasons of repair and inspection of information communication equipment such as computers, replacement, and disorder, communication cutoff or a considerable reason in operation. In this case, the Company shall announce this to members on the website. However, in case of unavoidable situations such as an urgent system inspection, addition, and replacement, a problem with facilities, service user overload, state emergency and blackout, the Company may suspend all or part services temporarily without prior notice.
- The Company may suspend all or part services after prior notice to members where necessary for service operation such as change of services.
11. Management of members’ postings
- If members’ postings contain content violating relevant laws such as the Act on Promotion of Information and Communications Network Utilization and Information Protection etc. and the Copyright Act, the Company may request suspension of posting and removal of the postings concerned following the proceedings specified by relevant laws.
- If a member inflicts damage or other problems on him/herself or another person due to his/her postings registered on this service etc., the member shall have full responsibility for them and the Company shall not be liable for them unless the Company was intentional.
- The Company may take a relevant measure regarding any of the following postings such as temporary suspension of posting, modification, removal, moving or rejection of registration without the prior consent of members.
- Where a posting brings displeasure and insult to other members or third parties with swearing, slander and personal attack or injures other members’ or third parties’ honor
- Where a posting contains content of infringing on other members’ or third parties’ copyright or is related to illegal leakage of information
- Where a posting infringes on the privacy of other members or third parties or leaks personal information
- Where a posting disseminates or links content violating public order or traditional custom
- Where a posting contains content encouraging illegal copying or hacking
- Where a posting contains advertisements for commercial purpose or content promoting certain sites
- Where a posting contains content considered linked to crime objectively
- Where the Company decides that a posting does not conform to the nature of service due to personal judgment, creation of regional sentiment, or religious view
- Where a posting does not comply with the Company’s operating principle of postings or does not conform to the nature of the board
- Where a posting is deemed to violate other relevant laws and regulations
- Where the Company ends service
- The Company may limit the time of posting for certain services to block advertising postings and operate postings stably. However, in this case, the Company shall notify members of the posting time of the service concerned.
- The Company may determine whether to allow postings registered by members after a pre-review for certain services.
12. Copyrights of postings
- Copyright of postings registered by members shall belong to the copyright holders concerned.
- Copyright and other intellectual property rights for postings or works created by the Company belong to the Company and therefore members shall not use works acquired while using services for commercial purposes in a method of copying, sending, publication, transmission, distribution, broadcasting, etc. or shall not have a third party use without prior approval of the Company.
- The Company may use postings registered by members for free within a reasonable scope in compliance with fair practices stipulated in the Copyright Act for the operation of services, display, transmission, distribution, and promotion, etc. without the approval of members as below.
- Where the Company copies, modifies, alters, displays, transmits and distributes members’ postings, and creates compilation works within the scope not impairing original works inside services
- Where the Company has service affiliation partners provide, display or promote the content of members’ postings
- Where the Company has terminals such as cellphone, PDA and IPTV provider, display or promote the content of members’ postings
- If the Company intends to use members’ postings in a method other than the previous paragraph, it shall obtain prior consent from members through a method like a phone, fax, and email.
- If an objection is raised against a posting by a third party on the charge of infringing on copyright and other rights or defamation or obscenity etc., the Company may remove the posting concerned temporarily. In this case, the Company may reregister the removed posting upon request after a legal dispute is resolved between the person who raised an objection and the person who registered the posting.
13. Provision of information
- The Company may provide members with various information considered necessary for members’ use of services in a method such as a notice, email, SMS, and SNS. However, members may decline to receive an email anytime, except transaction-related information according to relevant laws and replies to customer inquiries, etc.
- The Company may collect additional personal information to improve services and provide membership services etc. according to relevant laws under the consent of members.
14. Posting advertisements
- As for advertisement posting and promotion activities which are part of the revenue base for the Company to provide services to members, members agree to advertisements being provided when using the services.
- As for members who agreed to advertisement emails being sent when subscribing to membership, the Company may send and provide email advertisements to members’ email addresses at the Company’s discretion.
- The Company won’t take responsibility for any damages and losses arising from members participating, communicating or making transactions in advertisers’ promotional activities posted on services or through the service.
15. Termination of contracts
- If a member wants to terminate this use contract, the member shall terminate membership through the menu inside the services provided by the Company. The Company shall immediately process it according to relevant laws.
- If a member terminates this use contract, all a member’s all data shall immediately cease to exist according to relevant laws and the Company’s personal information policy, except that the Company holds members’ information.
- If a member terminates this use contract, all postings registered in his/her account shall be deleted. However, this won’t apply to those reposted by scrap and scoop, etc. by a third party or postings provided by combining copied postings and others’ postings.
16. Restriction of use of services
- If a member violates the obligations under these Terms and Conditions or obstructs the normal operation of services, the Company may restrict use.
- If a member violates relevant laws such as by stealing a name and payment in breach of the Resident Registration Act, providing illegal programs and obstructing operation in breach of the Copyright Act and illegal communication and hacking, distributing malicious programs and exceeding access authority in breach of the Information and Communications Network Act, the Company may immediately suspend use permanently.
- As for conditions of limitation and details in this article, the Company shall follow matters determined in its use restriction policy and each service’s operation policy.
17. Damage compensation
- If the Company and users cause damage to the other party intentionally or negligently concerning the use of services, the party shall compensate for the damage.
- However, the Company won’t take responsibility for any damage concerning the use of services provided free of charge unless violating the provisions of its personal information policy.
18. Limitation of responsibility
- If services are impossible to provide due to a natural disaster or any equivalent reason and other due reasons specified in these Terms and Conditions, the Company shall be exempted from responsibility for providing services.
- The Company won’t take responsibility for any obstacles or damages in the use of services caused by a reason attributable to members.
- The Company shall be exempted from responsibility for transactions etc. made between members or between a member and a third party by the medium of services.
- The Company won’t take responsibility for the inaccuracy of any information, software, product, etc. contained in services provided and the inaccuracy of information arising from an error in printing.
- The Company won’t take responsibility for the results of members’ postings because it has no obligation to pre-examine, check or review the contents of postings before registration.
- The Company won’t take responsibility for any damages concerning services provided to members free of charge.
- If the Company makes a notification to members, the Company may do so to the email addresses registered by members.
- If the Company needs to notify many and unspecified members, the Company may replace individual notification with a posting on the Company’s bulletin board for seven or more days.
20. Governing laws and judicial jurisdiction
- Matters not specified in these Terms and Conditions shall follow relevant laws and commercial practices of the Republic of Korea.
- If a lawsuit is filed concerning a dispute overuse of services, it shall be governed by the court with jurisdiction over the location of the Company’s head office.
These Terms and Conditions shall take effect on January 28, 2020. We reserve the right to make change to the Terms and Conditions without prior notice.