TERMS AND CONDITIONS OF USE(2 November 2015)
TERMS AND CONDITIONS OF USE
Article 1 (Purpose)
The purpose of these Terms and Conditions is to set out the rights, responsibilities, liabilities and other necessary matters between RSUPPORT Co., Ltd. (hereinafter referred to as the “Company”) and the User in connection with the use of Mobizen and other related Service as provided by the Company.
Article 2 (Definitions)
As used in these Terms and Conditions, the following terms shall have the respective meanings set forth below:
① “Service” refers to Mobizen (services for remote control, video recording, file transfer, etc. over the Internet between terminals, including PCs, portable terminals, TVs, and various other wired and wireless devices) and other related services that can be used by the User regardless of implementation terminals (including PCs, portable terminals, TVs and various other devices).
② “User” refers to a customer (an individual and an entity) who executes a use agreement with the Company in accordance with these Terms and Conditions and receives the Service as provided by the Company.
③ “Password” refers to a combination of letters, numbers or character as selected by a User to verify the User as matching one assigned with the given ID and to protect secrecy.
④ “ID” refers to a combination of letters and numbers as selected by a User and approved by the Company to identify the User and allow the use of the Service, which includes any email address and/or telephone number as used to identify the User.
⑤ “Post” refers to any sign, character, voice, sound, image or video in the form of texts, photos, videos and various files and links as posted by a User on any terminal (PC, portable device, TV and other wired and wireless devices) or the Company homepage in the course of using the Service.
Article 3 (Terms and Conditions Publication and Amendment)
① The Company publishes these Terms and Conditions on the initial screen of the Service to allow Users easily understand their content.
② The Company reserves the right to amend these Terms and Conditions to the extent such amendment is in compliance with the applicable laws and regulations.
③ In the event of amending these Terms and Conditions, the Company will specify the reason and the effective date of such amendment and post by the means described in Section (1) above the existing and amended Terms and Conditions by no later than 7 days (30 days for an amendment adverse or material to the Users) prior to the effective date; provided, however, that any amendment of these Terms and Conditions that is adverse to the Users shall be separately notified for a certain period of time via electronic means, such as electronic mail or a “notification screen” in PC or portable terminal application programs in addition to such publication.
④ In amending these Terms and Conditions, the Company will confirm whether a User consents to the application of the amended Terms and Conditions after their publication; provided, however, a User shall be deemed to have consented to the amended Terms and Conditions if the User fails to express consent or disagreement until their effective date and the Company has published together with the amended Terms and Conditions that such failure shall be deemed as the User’s consent.
⑤ If a User disagrees to the application of the revised Terms and Conditions, the Company will not apply them and the User may terminate the use agreement; provided, however, the Company may terminate the use agreement if the existing Terms and Conditions cannot be applied due to special circumstances.
Article 4 (Other Rules)
Matters that are not set forth in these Terms and Conditions will follow the applicable laws and regulations or commercial practices. All matters related to the protection of the User’s personal data shall follow the Company’s personal data protection policy.
Article 5 (Execution of the Use Agreement)
① A use agreement is executed when a person desiring to become a User (hereinafter the “Applicant”) expresses consent to these Terms and Conditions upon first running the Service related application programs and the Company accepts such application.
② In principle, the Company will accept an Applicant’s application to use the Service; provided, however, the Company may not accept an application or terminate the use agreement after acceptance in the event of any of the following.
The Applicant was disqualified previously as a User under these Terms and Conditions except when such Applicant has obtained the Company’s acceptance for reinstatement.
The Applicant uses another person’s name.
The Applicant provides false information or fails to provide information as requested by the Company.
Children under the age of 14 do not obtain the consent of their legal representative (such as parents).
The Company is unable to approve for any reason attributable to the Applicant or an application is made in violation of other matters as set forth.
The Service is used in a country where the Company has not decided to provide the Service and the Company needs to limit the provision of the Service concerning an agreement entered with a foreign service provider or the Users accessing to the Service from such country.
③ The Company may request to an Applicant proof of the real name or verification of identity through professional organizations for an application made under Section (1) above, depending on the classification of the Applicant.
④ The Company reserves the right to withhold the acceptance l of an application in case of insufficient facilities for the Service or technical or business difficulties.
⑤ In the event an Application for subscription is disapproved or withheld under Sections 2 and 4, the Company will, in principle, notify the Applicant as such.
⑥ The Company may grade the Users in accordance with the Company policy and treat them differently by the detailed segmentation of usage duration, frequency, and the Service menu.
Article 6 (User Information Modification)
① Users may view and modify their personal information at any time through the Service and customer service center, provided that terminal device keys, ID, etc. required for the Service management cannot be modified.
② If there is any change in information provided at the time of filing a subscription application, a User shall modify online or notify the Company of the change via electronic mail or other means.
③ The Company shall not be liable for any damages resulting from a User’s failure to inform the Company of any change under Section (2).
Article 7 (Obligation to Protect Personal Data)
The Company makes efforts to protect User’s personal data in accordance with the applicable laws and regulations and the Company’s personal data management policy applies to the protection and use of personal data; provided, however, such policy will not apply to any linked websites other than the Company’s official one.
Article 8 (Obligations to Maintain “User IDs and Passwords)
① The responsibility to maintain a User’s ID and Password shall remain solely with the User, and the User may not allow access by any 3rd party.
② The Company may limit the usage of a User ID in case such ID may disclose compromise any personal data, is against social norms or public orders and morals, or may be misunderstood as the Company or he Company administrator.
③ If a User becomes aware of any unauthorized or third-party use of its ID and/or Password, it agrees to notify the Company immediately accordingly.
④ The Company shall not be held liable for any damages resulting from the User’s failure to notify the Company or to follow the Company’s guidance after such notification under Section (3).
Article 9 (Notification to the User)
① With respect to any notice to be given by the Company to a User hereunder, unless otherwise specified in these Terms and Conditions, the Company may notify via electronic mail or on the separate notice screen of the application program for the Service.
② In case of notice to all Users, the Company may publish it” for 7 days or longer on the Company website in lieu of notice under Section (1).
Article 10 (Company’s Obligations)
① The Company will not engage in any act prohibited by the applicable laws and these Terms and Conditions or against public orders and morals, and will make the best effort to provide the Service continuously and reliability.
② The Company shall be equipped with security system to protect personal data (including credit information) to enable the Users to use the Service safely and publish and comply with a personal data management policy.
③ The Company shall process any opinion or complaint raised by any User” regarding the use of the Service that is acknowledged as being justifiable. With respect to any opinion or complaint raised by a User, the Company will inform the User of its processing procedure and resulting outcome via the website bulletin board or electronic mail.
Article 11 (User’s Obligations)
① A User shall not:
Register false information in making or modifying an application
Use another person’s data without authorization
Change information published by the Company
Transmit or post any information (such as application programs) that is not set forth by the Company
Infringe intellectual property rights of the Company and/or 3rd parties, including copyrights
Replicate, dissemble, imitate or otherwise modify the Service through reverse engineering, decompiling, disassembling, and any other act of processing
Engage in an act to defame or interfere with businesses of the Company or any 3rd party
Publicize or post on the Service indecent or violent messages, videos, voices, and any other information against public order and morals
Engage in an act in violation of copyright laws, including any usage of the Service for profit without the consent of the Company.
Engage in other unlawful or wrongful acts.
② A User shall comply with the applicable laws, these Terms and Conditions, any use guidelines and other notes of attention as publicized in connection with the Service, and matters notified by the Company and shall not engage in any act to interfere with the Company business.
③ A User shall pay fees set by the Company for any use of the Service for profit, not for personal uses.
Article 12 (Provision of the Service, Etc.)
① The Company provides to the Users the Service as follows.
Remote control services
File transmission services
Video storage and editing services
File backup and recovery services
Any additional services to be developed by the Company or otherwise provided to the User through partnership agreements with other companies.
② The Company reserves the right to divide the Service in different categories and designate permitted hours of use for each category separately, provided that the Company will notify in advance the Users content thereof.
③ In principle, the Service will be provided for 24 hours a day, 7 days a week.
④ The Company may temporarily suspend the Service for the maintenance, repair, replacement or breakdown of computers and information technology equipment, a disruption of telecommunication, or any proper operational reasons. In this case, the “Company will notify the Users in the methods as set forth in Article 9; provides, however, if the Company is prevented from providing an advance notice for unavoidable reason(s), the Company may notify the Users after any suspension.
⑤ The Company will perform routine maintenance checks as needed for the provision of the Service, and the hour of such routine maintenance checks shall follow notifications displayed on the Service provision screen.
⑥ The Company will compensate as follows for the time during which the Service subscribed for fee is disrupted or disabled, which shall be the sole remedy available to the Users.
If the Service is disrupted or disabled for 6 hours per day (in the aggregate) without advance notice for causes attributable to the Company, the usage hours allotted to the Users under the fixed fee plan shall be extended by double as many as the number of hours while the Service was disrupted or disabled.
If the Service is disrupted or disabled for more than 12 hour despite the Company’s advance notice for reasons such as maintenance checks, the usage hours shall be extended by the number of hours exceeding 12 hours.
⑦ The Company may discontinue the Service in entirety for technical or operational difficulties or a deterioration of profitability with a 30-day notice on the Company homepage; provided, however, the Company may notify the Users after such discontinuation if the Company is prevented from providing an advance notice for unavoidable reason(s).
⑧ In the event the Company discontinues the Service pursuant to Section (7) above, the Users may not seek damages for any services provided free of charge, or any contents, services, continuous use agreement, or fixed-term services provided for fee that have no remaining period for use. Any services provided for fee without time restraints may be used until the date of terminating the Service as posted in the Company’s notice to discontinue the Service under Section (7), and the Users may not seek any damages or repayment.
Article 13 (Changing the Service)
The Company may change for proper reasons all or part of the Service provided for operational or technical needs.
① In the event of any changes to the content, usage and hours of use of the Service, the ground for such change, and the content to be changed and its offering date shall be posted on the notification screen in the application programs for PCs or portable devices or on the initial screen of the Company’s homepage prior to such changes.
② The Company shall reserve the right to modify, suspend and change all or part of the Service provided at no fee as needed by the Company policy and management, and no compensation will be provided to the Users unless the applicable laws provide otherwise.
Article 14 (Information Sharing and Advertisement)
① The Company may provide the Users with various information that is considered necessary to use the Service through public notices or via electronic mail; provided that each User may decline at any time receipt such electronic mails except for responses to translation related information requests or customer inquiries pursuant to the applicable laws and regulations.
② The Company may place advertisements related to the Service operation via the Service-related application program screen, homepage, electronic mail, etc. The User may express to the Company it declines receipt of any electronic mails with an advertisement.
③ The Service provided by the Company includes advertisements in various forms such as banners, links, etc., which may lead to a page provided by a third-party.
④ If a User is led to a page provided by a third party under Section (3) above, which is not serviced by the Company, the Company does not warrant its credibility or stability and shall not be held liable for any damages incurred by the User.
⑤ A User shall not take any action to modify, update or limit any Posts or other information related to the Service provided by the Company.
Article 15 (Purchase, Usage Period, and Use of the Service for Fee
① The Company may provide the Service that may be used by the Users without fee (the “Free Service”) and the Service that may be used for a fee predetermined by the Company (the “Service for Fee”), and a User may select and use each Service.
② Payment of fees for the use of the Service may be made using the means offered by the Company.
③ A User may purchase the Service for Fee pursuant to the payment policy of each application store operator depending on the nature of devise of such User, and differences in payment policies may result in different amounts of fees. Furthermore, the purchase price for the Service for Fee shall be levied pursuant to the methods and policies of such application store operators as well as the mobile telecommunication or platform operators connected to such store operators, and the payment method shall follow the policies of the applicable operators.
Article 16 (In-App Payment)
① The Service includes the In-App payment function to purchase In-App items.
② A User shall prevent any In-App payment by a third party using a Password setting function in a device or offered in open markets, and the Company applies a module, library, etc. for In-App payments utilizing verification procedures, etc. offered in open markets pursuant to the recommendations of the applicable regulatory authorities and/or any guidelines concerning open market mobile content payments.
③ The Company shall not be held liable for any In-App payments made by a third party due to a User’s failure to use a Password setting function in a device or open markets or a User’s negligent exposure of its Password.
④ If a User has subscribed to a fee plan for youth of mobile telecommunication companies, any In-App payment made from the pertinent device shall be deemed to have obtained consent of such User’s legal representative.
⑤ A User shall be responsible to make In-App payments faithfully.
Article 17 (Subscription Application Withdrawal, Purchase Price Refund, Etc)
① The Service for Fee provided to a User by the Company shall be offered in two categories: the Service for with a subscription application can be withdrawn and the Service for which such withdrawal is restricted. The User may withdraw a subscription application for the Service permitting withdrawal within 7 days from purchase, and such withdrawal is restricted if it is made after the 7-day period expires or is otherwise restricted by the applicable laws and regulations. Any Service with restrictions on a subscription application withdrawal shall be indicated as such on a pop-up or linked screen.
② If an excess payment of fees occurs due to the willful conduct of or causes attributed to a User, any expenses incurred by the Company to refund such excess shall be borne by the User to the extent that is reasonable.
③ If a User purchases the Service through a third party contracted with the Company, the Company may make a refund directly for the User’s convenience and the Company may assist with a partial refund within the extent determined by the Company.
④ Grounds for refund to be made to a User for causes attributed to the Company are as follows, provided that any refund shall be made upon the User’s request only.
Ground for refund: It is substantially unfeasible to use the Service due to a material defect in the Service or certain data such as the usage data id deleted due to a problem with the Company servers
Refund standards: Replacement at no cost with the same Service or the full refund of the purchase price at the Company’s discretion, provided that such refund will be handled by Google if purchased in the Google Play Market or the operators of the pertinent open markets.
Ground for refund: It is no longer possible to provide the Service due to the permanent suspension of the network service
Refund standards: Full refund of the purchase price subject to the User’s refund request the extent such price was paid for the Service for Fee within the 1-month period prior to the Company’s notice of discontinuing the network service and there is no record of the User accessing the network service
⑤ Refund shall be made in principle to an account held by the owner of a device (including a mobile phone) or to an account held by his/her legal representative or one debited with fees if verification of such account is difficult because the account holder is a minor or for other reasons.
⑥ Upon a User’s refund request, the Company may verify the purchase details and request the User to submit the following documents for identification purposes, which the User shall submit to the Company via facsimile transmission, etc. A legal representative of the User may request a refund if identification is difficult because the User is a minor or for other reasons, and a document to certify the person requesting a refund is the legal representative shall be also submitted.
Details of consultation related to refund
Copy of a document to verify the identity of a person requesting refund (the device holder)
Copy of the bank book in the name of a person requesting refund
Copy of the fee payment receipt (may not be requested depending on circumstances)
⑦ The Company will make best efforts to complete refund payment as soon as possible from the date of receiving the documents from the User as set forth in Section (6).
⑧ If the User withdraws a subscription application, the Company will take back or delete the User’s paid up contents and the Service for Fee and refund the payment received from the User within 3 business days from the date of deletion. If the Company delays such repayment to the User, the Company shall pay default interest for the period of delay at the rate set forth in the applicable laws and regulations. If any goods or monies have been used or spent in part, the Company may invoice the User an amount equivalent to the benefit bestowed on the User or the cost incurred by the Company to supply such goods or monies. In the event the User withdraws a subscription application, any costs necessary to return such goods or monies shall be borne by the User but the Company may not seek penalty or damages from the User for the reason of such withdrawal.
Article 18 (Copyrights for Posts)
① Any and all copyrights for any Post created and posted by the User in relation to the Service belong to the author of such Post.
② The Company will comply with the applicable copyright laws, and the User may request at any time through the customer service center the removal, exclusion from search results, confidentiality or other actions about the pertinent Post.
③ The Company shall obtain the User’s consent in advance via phone, fax, electronic mail, etc. if it desires to use any Post in ways other than those specified in Section (2).
Article 19 (Post Management)
① An administrator may request to suspend posting or remove any User’s Post if it contains any content in violation of the applicable laws and regulations, and the Company shall take measures in accordance to the applicable laws and regulations.
② Even if there is no request from an administrator under Section (1), the Company may take temporarily measures, etc. about any Post in accordance of the applicable laws and regulations if there is any reasonable ground for infringing any rights or it is otherwise in violation of the Company policy and/or the applicable laws and regulations.
Article 20 (Ownership of Rights)
① Any and all copyrights and intellectual property rights in and to the Service belongs to the Company, except for, any User’s Post or any other works provided under partnership agreements.
② Any and all copyrights and other intellectual property rights in and to the designs of the Service provided by the Company and all texts, scripts, graphics created by the Company, all trademarks, service marks, logos, etc. related to the Service provided by the Company including transmission between the Users belong to the Company or otherwise owned by or licensed to the Company pursuant to the applicable laws of the Republic of Korea and other jurisdictions.
③ the Company grants to a User the limited right to use an account, an ID, contents, etc. related to the Service according to the usage terms defined by the Company. A User shall not assign, sell, offer as collateral, or otherwise dispose of such right.
Article 21 (Termination and Rescission)
① A User may request at any time through the customer service center to terminate the use agreement and the Company shall immediately process such request in accordance with the applicable laws and regulations.
② Upon termination of the use agreement by a User, all data about such User will be deleted immediately except for any User data the Company is permitted to retain in accordance with the applicable laws and the Company personal data management policy.
Article 22 (Restriction of Use, Etc.)
① If a User breaches obligations under these Terms and Conditions or interferes with the normal operation of the Service, the Company may restrict its use of the Service in gradually from a warning to temporary suspension and permanent suspension.
② Notwithstanding the foregoing, the Company may immediately implement permanent suspension if a User violates the applicable laws and regulations by offering illegal programs in violation of the applicable copyright and computer related laws and regulations, obstructing the Service operation, committing illegal telecommunication and hacking actions in violation of the applicable telecommunication laws and regulations, distributing malware programs, etc.
③ Terms and details of the restriction of use under this Article 22 will be determined in the Company use restriction policy and the individual operation policy of each Service.
④ If any use of the Service is restricted or a use agreement is terminated under this Article 22, the Company shall notify the User by the means described in Article 9.
⑤ Any User may file an objection to a use restriction under this Article 22 in accordance with the procedure provided by the Company. The Company will immediately reinstate the Service if the Company determines the User’s objection is justifiable.
Article 23 (Limitation of Liability)
① If the Company is unable to provide the Service for an act of God or any equivalent force majeure event or a User is unable to use the Service or loses data for causes not attributed to the Company, the Company shall not be liable for any losses incurred by a User in connection with the Service.
② In no event will the Company be liable for damages incurred by a User in connection with the use of the Service for causes attributable to the User, including an inability to use the Service.
③ In no event will the Company be held liable for the accuracy, reliability, etc. of any information, reference or fact posted by a User in connection with the Service.
④ The Company is waived of any responsibility for any transactions, etc. between Users and between a User and a 3rd party made through the Service.
⑤ In no event will the Company have an obligation or otherwise be responsible to monitor the content or quality of any product or service advertised by a 3rd party on any screen of the Service and/or any website linked thereto.
⑥ In no event will the Company and the officers, employees and agents of the Company be held liable for any damages incurred from any of the following:
Damages incurred from false or inaccurate information about any User;
personal damages incurred in the course of the use of the Service regardless of its nature or cause,
damages incurred from unlawful access to or use of the server for the Service by a 3rd party,
damages incurred from any virus, spyware and any other malware programs unlawfully transmitted and/or distributed, or being caused to be transmitted or distributed , by a 3rd party using the Service,
damages incurred from an error, omission, abbreviation, or destruction of any data transmitted,
Any civil and criminal liability arising from defamation or other unlawful acts between the Users in the course of using the Service.
⑦ The Company shall not be held liable for the use of the Free Service unless the applicable laws and regulations provide otherwise.
Article 24 (Governing Law and Jurisdiction)
① Any litigation between the Company and a User shall be governed by the laws of the Republic of Korea.
② Litigation concerning any disputes between the Company and a Use” shall be based on the User’s address at the time of filing such litigation and, if no address is available, under the exclusive jurisdiction of a district court having jurisdiction of the User’s domiciliary, provided that the jurisdiction shall be determined by the Civil Procedure Act if the User’s address or domiciliary is uncertain at the time of filing litigation.
③ Notwithstanding the foregoing, the Seoul Central District Court shall have exclusive jurisdiction for any litigation of disputes between the Company and a User having an address or domiciliary outside of Korea.
Published on 25 October 2015
These Terms and Conditions will apply from 2 November 2015 and hereby supersedes the previous Terms and Conditions.