Article 1 Purpose
These Terms of Use (hereinafter, the “Terms”) are intended to set forth the rights, obligations, and responsibilities of users in connection with the use of the internet website (www.gamgakdesign.com, hereinafter, the “Website”) provided by Gamgak Design (hereinafter, the “Company”).
Article 2 Definition of Users
- ① “Gamgak Design Website” means the virtual online space constructed by the Company using computers and other information and communications facilities in order to provide services to users, and refers to the websites operated by the Company.
- ② “User” means any member or non-member who accesses the Gamgak Design Website and receives the services provided by the Company in accordance with these Terms.
- ③ “Member” means any individual who accesses the Gamgak Design Website, provides personal information to the Company in accordance with these Terms, agrees to the Terms of Use and the Privacy Policy, completes registration, and is thereby able to use the services provided by the Company on a continuous basis.
- ④ “ID” means a combination of letters and numbers selected by a Member and approved by the Company, used for identifying the Member and allowing the Member to use the services.
- ⑤ “Password” means a combination of letters and/or numbers set by the Member, used to verify that the person using the ID is the Member and to protect the Member’s personal information.
Article 3 Membership Registration
- ① A person who wishes to become a User shall apply for membership by filling in the membership information in the registration form prescribed by the Company and clicking the “Register” button.
- ② The Company shall, in principle, register as a Member any applicant who has applied pursuant to Paragraph 1, unless the applicant falls under any of the following subparagraphs:
- 1. Where the applicant has previously lost Member status due to a violation of any provision of these Terms; provided, however, that such applicant may be exempted if three (3) years have elapsed since loss of membership and the Company has approved the re-registration.
- 2. Where there is any false information, omission, or error in the registration details.
- 3. Where the Company determines that registering the applicant as a Member would cause significant technical difficulties.
- ③ The membership agreement shall be deemed formed at the time when the Company’s acceptance is delivered to the applicant.
- ④ If there is any change in the membership information entered under Paragraph 1, the Member shall promptly update and correct such information.
Article 4 Effect and Amendment of the Terms
- ① The Company shall post the contents of these Terms on the initial service screen of the Gamgak Design Website so that Members can easily review them.
- ② The Company may amend these Terms to the extent that such amendment does not violate applicable laws, including but not limited to the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Transactions, the Electronic Signature Act, and the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
- ③ In the event the Company amends these Terms, it shall specify the effective date and the reason for the amendment, and post the current Terms together with the amended Terms on the initial screen of the Website from at least seven (7) days before the effective date until the day before the effective date. Provided, however, that if the amendment is unfavorable to Members, the Company shall provide at least thirty (30) days prior notice. In such case, the Company shall clearly compare and display the contents before and after the amendment so that Members can easily understand the changes.
- ④ Members have the right to reject the amended Terms. If a Member does not agree to the amended Terms, the Member may discontinue use of the services and cancel his or her membership. However, if the Member continues to use the services after the effective date of the amended Terms, the Member shall be deemed to have agreed to the changes.
- ⑤ The Company shall not be liable for any damages incurred by a Member arising from the Member’s failure to become aware of the amended Terms.
Article 5 Consent to Use of Member Information
- ① The Company’s Privacy Policy shall apply to the handling of Members’ personal information.
- ② Member information shall be collected, used, managed, and protected by the Company as follows:
- 1. Collection of personal information: The Company collects information about Members through the information provided at the time of signing up for the services, information provided for community activities, information provided when participating in various events, and information provided to receive advertisements or prizes.
- 2. Use of personal information: The Company shall not disclose or distribute personal information collected in connection with service provision to any third party without the Member’s consent. However, this shall not apply where such disclosure is required by applicable laws, such as requests by government agencies pursuant to the Basic Act on Telecommunications, requests for investigation of crimes, requests by the Information and Communications Ethics Committee, or where requests are made pursuant to other legally prescribed procedures, or where the Member has voluntarily disclosed the information.
- 3. Management of personal information: Members may access the membership information page on the Website at any time to edit or delete their personal information for protection and management purposes.
- 4. Protection of personal information: Only the Member can view, edit, or delete his or her personal information. Members must not disclose their passwords to others, and must log out and close the browser after completing their use of the service. (This is especially important when using a shared computer in public places such as internet cafés or libraries.)
- 5. Others: Please be aware that personal information voluntarily disclosed by Members on bulletin boards, via email, or other online means may be collected and used by others. Unwanted situations may arise from personal information posted in public spaces. The responsibility to maintain the confidentiality of personal information rests with the Member, and the Company assumes no liability for any consequences arising from the leakage of personal information.
- ③ By applying for the use of services under these Terms, the Member shall be deemed to have consented to the collection, use, and provision of the membership information specified in the application form by the Company in accordance with these Terms.
Article 6 Suspension of Services
- ① The Company may temporarily suspend the provision of services in the event of maintenance, inspection, replacement, failure of computers or information and communications facilities, interruption of communications, or other similar reasons. The Company may also completely discontinue the services currently provided for reasons such as replacement with new services or other reasons deemed appropriate by the Company.
- ② In the case of suspension of services under Paragraph 1, the Company shall notify Users by the method prescribed in Article 8, Paragraph 2. Provided, however, that this shall not apply where prior notice is impossible due to reasons beyond the Company’s control (such as disk failure, system downtime, etc. without intentional or negligent acts by the system administrator).
Article 7 Withdrawal and Disqualification of Users
- ① A User may at any time request the Company to delete his or her membership registration (withdrawal), and the Company shall promptly proceed with the procedures for deleting the relevant membership registration after receiving such request.
- ② Where a User falls under any of the following, the Company may restrict, suspend, or disqualify the User’s membership status by appropriate means:
- 1. Where the User has registered false information at the time of application for membership.
- 2. Where the User interferes with another person’s use of the Company’s services, or threatens the order of electronic transactions by, for example, stealing another person’s information.
- 3. Where the User uses the services in violation of laws, these Terms, or public order and morals.
- ③ Where the Company decides to disqualify a User’s membership, it shall delete the User’s membership registration. In such case, the Company shall notify the Member of the deletion in advance and provide an opportunity to explain.
Article 8 Notices to Users
- ① When giving notice to a specific User regarding matters other than amendments to these Terms as set forth in Article 4, the Company may send such notice to the email address assigned by the Company or the email address provided by the User at the time of registration.
- ② For notices to an unspecified number of Users regarding matters other than amendments to these Terms as set forth in Article 4, the Company may substitute individual notice by posting such notice on the Company’s bulletin board for at least one (1) week.
Article 9 Protection of Users’ Personal Information
- ① The Company endeavors to protect Users’ personal information, including registration information, in accordance with applicable laws. Protection of personal information shall be governed by relevant laws and the Company’s Privacy Policy.
Article 10 Obligations of the Company
- ① The Company shall not engage in acts prohibited by laws or these Terms or contrary to public order and morals, and shall endeavor to continuously and stably provide services as set forth in these Terms.
- ② The Company shall establish a security system to protect Users’ personal information (including credit information) so that Users can safely use internet services.
- ③ The Company shall not send unsolicited commercial emails for profit to Users who do not wish to receive them.
- ④ The Company shall be liable for damages suffered by Users as a result of the Company’s intentional acts or gross negligence in connection with the use of the services.
Article 11 Obligations Regarding User ID and Password
- ① Except where the Company is responsible under applicable laws or the Privacy Policy, the responsibility for managing a User’s ID and password rests with each User.
- ② Users shall not allow any third party to use their IDs and passwords.
- ③ If a User becomes aware that his or her ID or password has been stolen or is being used by a third party, the User shall immediately notify the Company, and, if there are instructions from the Company, shall comply with such instructions.
Article 12 Obligations of Users
- ① Users shall not engage in any of the following acts:
- 1. Registering false information when applying for or changing membership.
- 2. Altering information posted by the Company without authorization.
- 3. Infringing the rights (including personality rights or intellectual property rights) of the Company or any third party, or interfering with their business.
- 4. Using another Member’s ID.
- 5. Sending or posting junk mail, spam mail, chain letters, pyramid-scheme solicitations, emails containing obscene or violent messages, images, or sounds, or otherwise disclosing or posting information contrary to public order and morals.
- 6. Transmitting or posting information (including computer programs, etc.) whose transmission or posting is prohibited under applicable laws.
- 7. Impersonating an employee of the Company or a service administrator, or posting or sending emails using another person’s name.
- 8. Posting or sending by email any materials containing software viruses or other computer code, files, or programs designed to interrupt or destroy the normal operation of computer software, hardware, or telecommunications equipment.
- 9. Harassing other Users by stalking or other means.
- 10. Collecting, storing, or disclosing other Users’ personal information without their consent.
- 11. Conducting for-profit activities using the services provided by the Company, such as posting advertisements or promotional materials to an unspecified number of persons or sending spam mail.
- 12. Violating the terms of use or any other service-related rules prescribed by the Company.
- ② Where a User engages in any of the acts set forth in Paragraph 1, the Company may restrict, suspend, or disqualify the User’s membership in accordance with Article 7, Paragraphs 2 and 3.
- ③ Users shall be liable for damages incurred by the Company or other Users arising from reasons attributable to the Users.
Article 13 Changes to Member Information
- ① Where there are changes to a Member’s registered information (such as address or email address), the Member shall immediately notify and update such information on the Website operated by the Company.
- ② The Member shall bear full responsibility for any consequences arising from failure to notify or update such changes, and such failure may constitute grounds for suspension or termination of the services.
Article 14 Deletion of Public Posts
Where the content of a User’s public post falls under any of the following, the Company may delete such content without prior notice to the User, and may restrict, suspend, or disqualify the User’s membership:
- 1. Content that defames or damages the reputation of other Users or third parties.
- 2. Content that disseminates information, writings, or images that violate public order and morals.
- 3. Content deemed to be related to criminal acts.
- 4. Content that infringes the copyrights or other rights of other Users or third parties.
- 5. Content deemed to violate other applicable laws or regulations.
Article 15 Ownership of Copyrights and Use Restrictions
- ① Copyrights and other intellectual property rights in works created by the Company shall belong to the Company.
- ② Users shall not, without the prior consent of the Company, use for profit or allow any third party to use any information obtained through the use of the services, by reproducing, transmitting, publishing, distributing, broadcasting, or any other means.
Article 16 Damages
Even if damages are incurred by a Member in connection with services provided free of charge, the Company shall not be liable for such damages except in cases of willful misconduct or gross negligence by the Company.
Article 17 Disclaimer
- ① Where the Company is unable to provide services due to force majeure events such as natural disasters, the Company shall be exempt from liability for service disruptions attributable to such events.
- ② The Company shall be exempt from liability for any service disruptions caused by reasons attributable to Users or Members.
- ③ The Company shall not be liable for any damages arising from the information obtained by Users or Members through the use of the services.
- ④ The Company shall not be responsible for the reliability or accuracy of information provided through the Company’s service network.
- ⑤ The Company shall not be responsible for the content of materials posted or transmitted by Users or Members.
Article 18 Matters Not Specified in the Terms
- ① Any matters not specified in these Terms shall be governed by applicable laws or general commercial practices.
Article 19 Verification and Payment of Fees
- ① Members using the goods or services provided by the Company may verify the monthly usage amount through the Gamgak Design Website and pay the verified amount using such methods as credit card or real-time bank transfer, as selected by the Member and approved by the Company.
Article 20 Jurisdiction
Any disputes between the Company and Users arising from the use of the services shall be submitted to the Seoul Central District Court or any other court of the Republic of Korea having jurisdiction under the Civil Procedure Act.
Addendum
These Terms shall take effect as of May 1, 2014, and shall replace the previous Terms that had been in effect since March 1, 2005.