Terms of Service (Ordinary Member)
1. Generals
1. (Objective)
The objective of this terms of Service (hereinafter ‘Terms’) is to set forth the rights, obligations, responsibilities and other necessary items between the buyer and the Company in relation to the use of purchase service(hereinafter called ‘Service’ or ‘Purchase Service’) of the e-Product online marketplace for 3D printing models provided by Fab365, Inc. (hereinafter called ‘Company’)
2. (Specification, effect and revision of terms)
(1) The Company shall post this terms and conditions of these Terms, as well as the Company’s social name, business office site, the representative’s name, business registration number, telephone number(telephone, fax, e-mail address etc) on the main page of the Service or any connected page to such main page.
(2) The Company may revise these terms in the range that shall not violate the related law, including but not limited to the Act on the Regulations of Terms and Conditions, Framework Act on Electronic Documents and Transactions, Digital Signature Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Act on the Consumer Protection in Electronic Commerce, Etc., Electronic Financial Transactions Act.
(3) If the Company revises these Terms, the Company shall notify the effective date of the amended Terms and the reason of amendment with the revised terms according to the method under clause 1 above, from 7 days before such effective date to the effective date. Provided, notwithstanding the methods under Clause 1, the amendment of unfavorable terms to the Member shall be clearly notified through the electronic means such as e-mails in Service, pop-up windows of requiring approval upon the Member’s login.
(4) If the Member did not express his/her intention of refusal after the Company clearly announced or notified the Member that it is deemed as approval for the amendment of the Terms if the Member did not express its intention to approve or disapprove within 30 days, announcing or notifying the amended Terms according to the previous Clause, it shall be deemed that the Member agreed to the amendment of the Terms.
3. (Definition)
(1) The term used in these Terms is defined as follows.
1. Member (‘Buyer’ or ‘Ordinary Member’): It refers to the person who is 14 years old or older or corporation who registered to the Service by providing the Company with his/her personal information and may use the Purchase Service.
2. Seller : It refers to the person or corporation more than 14 years old who registered to the Service by providing the Company with his/her personal information and may use the Service to sale the Contents.
3. Identification (ID): It refers to the combination of letters and numbers registered by the Member and approved by the Company for the identification of Member and the use of Service.
4. Password: It refers to the combination of letters and numbers registered in the Company registered by the Member to make the identification of the Member and protect the Member’s rights and interests and secret.
5. Administrator: It refers to the person selected by the Company for the general administration of Service provided by the Company.
6. Contents: It refers to 3D printing model data and its related Contents that are traded between the Seller and Buyer or between the Company and Buyer through the Service provided by the Company.
(2) The meaning of term in these Terms that are not separately defined in the Clause 1 or in the clause where the term is used shall be interpreted based on the general standard/common practices of transaction.
4. (Type of Service)
(1) The service provided by the Company intends allowing the use of cybermall or mediation of the mail order so as to trade the contents or related goods(hereinafter called ‘Contents’), and the Company is a mail order brokerage but not the person directly involved in such mail order. Therefore, the Company shall not be responsible of the Contents registered by the Seller in Service for sale. The Company shall clearly indicate to the Buyer through the transaction screen that the Company is only a mail order brokerage.
(2) However, the Company may sell the Contents in person through the Service. In this case, the Company indicates that the Contents is sold by the Company on the introduction screen or order screen of the Contents, and the Company may be responsible as the mail order brokerage business for the corresponding transaction.
5. (Denial of representative act)
The Company shall be responsible only of system operation and administration for the efficient provision of the Service as an mail order brokerage in relation to the Contents not directly sold by the Company, and shall not represent the Buyer or Seller in relation to the transaction of Contents, and the corresponding Member shall directly be responsible for the transaction established between Members and for the information provided or registered by the Member.
6. (Denial of guarantee)
The Company shall not guarantee sincerity of intention to sell or buy regarding the transaction between the Buyer and the Seller through the system provided by the Company. The Company shall not guarantee that the quality, integrity, stability, legality of Contents sold by the Seller and non-infringement of the third party’s right, the sincerity or legality of information provided by the Buyer or Seller and the Member shall bear all the danger and responsibility related to those.
2. Use contract and information protection
7. (Establishment of Service use contract)
(1) The Service use contract (hereinafter called "Use Contract") is established by Company’s approval in relation to the use application of user of Service (including purchase service for the Contents). The Company shall post the intention of use approval on the Service screen or notify it by email or by the other way.
(2) The person who tries to use Service shall agree with these terms, and fill in the necessary information according to the Member’s subscription form provided by the Company.
(3) The person of 14 years old or older or corporation (individual business and corporate business) may subscribe as a Member. If the subscriber applies for the use by pirating the other’s information, he/she shall be limited to use Service or may be punished by related laws and regulations.
(4) The processing of application shall be made according to the order of application, and the moment of establishment of Member’s subscription shall be the point of which the Company’s consent reaches to the Member.
(5) The Company may refuse or defer the consent of use application in case of the following reason occurred.
1. In case of applying by pirating the other’s information
2. In case of applying in 2 months from the prior termination date of Use Contract terminated by the Company
3. In case that the Member who is disciplined, including but not limited to, by suspension of Service provision from the Company terminates Use Contract and reapplies during the period of such disciplinary
4. In case that the Company has no margin of equipment or technical encumbrance
5. In case that the Company recognizes, by its reasonable discretion, that such refusal or deference is necessary or the application is inconsistent with these Terms or is identified to be illegal or unfair.
8. (Use application and personal information)
(1) The Member shall not provide the false information when applying for Use of Service, and shall immediately correct the information upon the Member’s information changes.
(2) All the notification of the Company to the Member is deemed to be made upon arrival to the Member by email, of which address provided by the Member. The Member is responsible for any damaged incurred by false personal information, while the Company is not responsible for such damage.
(3) The collection, use, and processing of the Member’s personal information, and its provision to the third party by the Company shall be consistent with the ‘Privacy Policy’ which shall be posted by the Company on main page or its connected page in Service.
9. (Administration of ID and password)
(1) The Member shall be responsible for securing and managing ID and password. The Member shall not transfer or rent his/her ID or password to the other in any case.
(2) The Member shall be responsible for the loss or damage occurred from the leak, transfer or rental of ID or password that is not occurred by the Company’s reasons attributable.
(3) The Member shall promptly notify the Company if he/she recognizes that his/her ID or password is stolen or used by the others without his/her permission, and the Company shall make its best effort to respond to such unauthorized use.
10. (Termination of use contract)
(1) Termination by Member
1. The Member may cancel the Use Contract by notifying termination to the Company through web page of the Service. Provided, the Member shall take measure necessary to finalize all pending transaction prior to 7 days before the notification of termination.
2. The Member shall bear the disadvantage occurred by such declaration for termination made by the Member within the period of previous clause, the Company may revoke all the free benefits provided to the Member upon the termination of Use Contract.
(2) Termination by Company
The Company may terminate the Use Contract if one of the following events occurs:
1. If the Member infringes the right or reputation, credit and other fair benefit of other Member or the third party, or violates the Korean law or public order and good morals
2. If the Member interrupts or attempts to interrupt an easy progress of Service provision of the Company
3. If any reason for the refusal under Article 7, Clause (5) is identified
4. If the Member violates the Member’s obligation, declaration, guarantee and precedents under these Terms
5. If the Company reasonably elects to refuse provision of Service
(3) If the Company terminates the Use Contract, the Company shall notify termination to the Member, stating the reason of terminations through email, telephone or other way. The Use Contract shall be terminated at the moment that the Company sends the intention of termination to the Member.
(4) Notwithstanding the termination of Use Contract according to this Article, these Terms shall be continuously applied in regards of the completion of the sales contract that has been already executed before the termination.
(5) The Company may withdraw all free benefits provided to the Member upon the termination according to this Article.
11. (Term of service and suspension)
(1) Term of the Service is from the point that Company’s approval for application of Use Contract reaches to the Member to termination of the Use Contract.
(2) The Company may temporally suspend the provision of Service for its revision and recovery for the reasons of repairing, revision, substitution, or failure of equipment including computers or loss of communication is occurred.
(3) The Company may limit or suspend temporally the provision of Service if the Company is unable to provide Service due to natural disasters or its equivalent force majeure.
(4) The Company may modify or suspend all or part of the Service provided for free according to the needs of Company’s policy and operation. The Company shall not compensate any loss occurred by such modification or suspension to the Member unless any related laws or regulation provides.
12. (Provision of information and publication of advertisement)
(1) The Company may provide information and advertisement related to the Service to the Member by publishing it on web pages of the Service or through email.
(2) The Member may transact with the advertiser through the advertisement published on the Service or join in the advertiser’s promotion. If any dispute or other problem occurs between the Member and advertiser in process of such transaction, the Member and advertiser shall solve the problem in person, while the Company shall not be responsible for such dispute.
3. Use of Service
13. (Member’s use of Service)
The Company shall grant to the Member non-transferable, non-exclusive and worldwide license for using the Service for the purpose of personal and non-commercial use in regards of the digital contents under the Service.
14. (Service fee)
The Company may provide the Service necessary for e-commerce between the Members and may charge its Service (Service fee) according to Company’s internal policy.
15. (Execution of sales contract and payment)
(1) The sales contract of Contents shall be executed by subscription of the Seller for the sales of the Content and consent of the Buyer for such sales condition of Contents presented by the Seller.
(2) The Company will provide payment methods for the Buyer to pay in credit card or in the other methods of payment which provided by the Company.
(3) The Buyer shall be responsible for the disadvantage occurred by the payment information input by the Buyer in progress of the payment.
(4) The Company may cancel the order without the Buyer’s consent if the Buyer shall not pay the purchase price within the certain period after ordering Contents.
(5) The Company will allow the Buyer to confirm his/her sales contracts executed in my shopping list, and will provide the Buyer the method and procedure to cancel such sales contracts.
(6) The Company may identify whether the Buyer has the fair authority upon the payment and suspend the progress of transaction until the verification is completed, or cancel the transaction if it is impossible to verify the authority.
(7) The actual amount paid by the Buyer (actual purchasing price) is the amount after applying the production cost determined by the Seller, the basic fee, discount, delivery cost and optional items. The proof document of the purchase (cash receipt, tax invoice or credit card sales statement) issued to the Buyer shall be issued in the actual purchasing price.
16. (Download)
If the Buyer purchases the Contents that are delivered by downloading, the Buyer may download the purchased Contents after paying the price.
17. (Subscription Withdrawal)
(1) In regards of subscription withdrawal(refund), the Company shall comply the laws and regulations related to「the Act on the Consumer Protection in Electronic Commerce Etc.」 ,「Cultural Industry Promotion Basic Act」and this article.
(2) If the Company shall not sell the Contents as a mail order brokerage under「the Act on the Consumer Protection in Electronic Commerce Etc.」, the Company shall present that explicitly on product description web page. Furthermore, the Company shall provide the Seller’s name, address, telephone number and other information pursuant to the related laws and regulations before the Buyer’s the subscription.
(3) The Buyer may withdraw the subscription(refund), according to clause 4 and below of this article, if the Seller is a mail order brokerage provided in「 the Act on the Consumer Protection in Electronic Commerce Etc. 」.
(4) The Buyer may withdraw the subscription within 7 days from the date of purchase or from the date the Contents become available.
(5) Notwithstanding the above, the Buyer shall not withdraw the subscription according to the previous clause without the Seller’s consent if any of the following events occurs:
1. if the goods or Contents are despised or damaged due to the consumer’s mistake, excluding the case that the Buyer damaged the package of the goods or the Contents in order to verify the goods or the Contents.
2. If the value of the goods or the Contents is remarkably diminished due to consumer’s use or partial consumption
3. If the value of the goods or the Contents is remarkably diminished as the time goes on and is unable to be sold again
4. If the package of replicable goods or Contents is damaged
5. If the provision of service or digital contents of Article 2 , Item 5 of 「Framework Act on the Promotion of Cultural Industries」is initiated (In the Service, the completion of downloading the Contents shall be deemed as initiating the provision); provided, if the sale contract is in regards of divisible service or divisible digital Contents, previous sentence shall be applied for the part of the Contents not provided.
6. In case determined by presidential order for the safety of transaction
(6) If the goods or the Contents is impossible according to Item 2 to Item 5 of the previous Clause, the Seller shall explicitly present such fact on the package of goods or the Contents or on the part easily seen by consumer, or take measures for the Buyer not to be interrupted the Buyer’s right of subscription withdrawal, by providing the test product. Provided, if the Buyer shall not withdraw the subscription for the digital Contents of Clause 5, the Seller shall present the fact that the Buyer shall not withdraw the subscription and shall take one or more measures listed below to preserve the Buyer’s right of subscription withdrawal, according to the regulation.
1. Permission of partial use: Providing some part of digital Contents in preview and pre- listening
2. Permission of temporal use: Providing digital Contents for a certain use time
3. Providing the digital Contents for experience: Providing digital Contents that can be used only in limited function
4. if there exist difficulties in provision of test product according to Item 1 to Item 3: Providing the information regarding the digital Contents
(7) This article shall be applied to the Company, considering the Company as the Seller, if the Company sells the Contents.
(8) In regard of the subscription withdrawal after completing payment in credit card, the payment shall be cancelled promptly after the procedure of cancellation is completed.
4. Use of additional Service
18. (Point Service)
(1) The Company may grant the Buyer ‘Point’ free of charge through the winning of event or other mechanisms implemented in Service and the Buyer may use the Point to make payment upon purchase for Contents.
(2) The Point provided to the Members without consideration shall not be refunded.
(3) The point granted to the Buyer may be limited in its expiration date and condition of use and such limitation shall be presented on web pages in the Service or notified through email. The Buyer may not use the Point if the Buyer cannot fulfill the condition of use, and the expired Point shall be automatically lapsed. The Points shall also be lapsed if the Use Contract is terminated by the cancellation of Service or withdrawal.
19. (Paid gift certificate)
(1) The Company may sell the paid gift certificate that can be used to buy Contents sold in Service. The Buyer may buy the paid gift certificate use it to make payment of the Contents.
(2) The refund of paid gift certificate shall be based on Article 17. However, the amount refunded to the Buyer shall be in proportion to the ratio of amount not used among the face value by the purchased amount of the paid gift certificate .
(3) If paid gift certificate is converted in the Point in Service, the converted point may be refunded according to the Article 17 and the previous Clause.
5. User management and protection
20. (User management)
(1) The Company may take one or more of following measure to the Member who violated the Terms or its related laws and regulations.
1. Withdrawing all or part of the benefit additionally provided by the Company
2. Limiting the use of specific Service
3. Terminating the Use Contract
4. Claiming for indemnification
(2) The Company shall give prior notice to the Member by telephone or email when the Company takes the measure described in the previous Clause. The Company may take such measures in advance and notify thereafter if it is impossible to contact the Member or in emergency.
(3) The Member may remonstrate against such Company’s measure under this Article if he/she has the reason of remonstrance.
21. (Member’s posts and copyright)
(1) The copyright of all posts or of work including rating, comment and opinion related to the Contents, Q&A, and other posts or writings (hereinafter called ‘Posts’) shall be owned by the Member who wrote the Posts. The Member shall be responsible for the copyright infringement occurred from such writing or publishing the Posts in the Service.
(2) The Company may delete Posts , limit the use of specific Service to the writer of the Posts without prior notice if the Post falls in any of the following cases. Furthermore, if the Member publishes the Post which falls in any of the following cases twice or more, the Company may terminate the Use Contract. However, unless the Post falls in the following cases, the Company shall not delete the Posts only for the reason that the Post is unfavorable to the Company or the Seller, including simple complaints for the Contents.
1. In case of including content that violates the Korean law
2. In case of publishing and announcing content prohibited to sell according to the related law or pornography
3. In case of including false or excessive advertising
4. In case of infringing the other’s right or reputation, credit and other fair profit
5. In case of inducing a direct transaction or posting the link of other site
6. In case of including malicious code or data that can cause malfunction of the Service equipment
7. In case of being against the social public order or beautiful and fine custom
8. In case of being judged to interrupt easy progress of Service provided by the Company
9. In case of including content related to criminal act
10. In case of including content that may cause the political and economic dispute
(3) The Company may copy, distribute, send and exhibit the Posts, and modify and edit them preserving the essential part of the Posts, in order to promote and publicize the Contents traded in Service.
22. (Prohibition)
(1) Direct transaction
1. The parties of direct transaction between the Buyer and the Seller, not using the Service, shall be responsible for any problem occurred from such direct transaction, and the Company shall not be responsible for the problems.
2. The Company may terminate Use Contract with the Seller who performed or induced direct transaction or induced. The Member may report to the Company the Seller who performs direct transaction or induces it.
(2) System cheating
1. The act of using Service or of accessing to the system in abnormal method by not the method provided by the Company shall be prohibited.
2. The Company may withdraw all or part of the benefit provided by the Company from the Member committed system cheating.
(3) Payment cheating
1. The act of using the purchasing Service provided by the Company by stealing the other’s name or card information shall be prohibited.
2. The act of abnormal payment, including lending funds by false transaction, in the prohibited way under the laws and regulations, including the Specialized Credit Financial Business Act, shall be prohibited. If the Company recognizes such abnormal payment, the Company may terminate the Use Contract with the Member or suspend the Member’s transaction and notify to the supervisory office.
3. Symbolical transaction, including having no Contents, without purchase intention shall be prohibited.
(4) Other prohibited act
1. The Member shall not incur any damage to the Company and interrupt the fair market environment by executing the numerous abnormal transactions abusing the discount rate provided by the Company.
(5) Sanction
The Company may suspend or terminate the transaction for the Buyer who violated this Article. The Company may terminate the Use Contract with the Buyer if the Company identifies two or more prohibited act under this Article, and may claim compensation for the damage occurred due to the prohibited act.
6.Other
22. (Relation with the related law)
(1) The items not provided in these Terms shall be pursuant to Act on the Consumer Protection in Electronic Commerce, etc., other related laws and regulations and ordinary commercial custom.
(2) In regard of the transaction made through the Service, Act on the Consumer Protection in Electronic Commerce shall be preferentially applied and the any party of the transaction shall not claim exemption based on the provisions under these Terms.
23. (Indemnification)
(1) If the Company or the Member violates any of obligations, representations or warranties under these Terms, the breaching party shall indemnify to the other party for damages in causal relation with such breaching.
(2) The Member shall hold harmless the Company from any claim including indemnification by the third party if such claim is based on the Member’s breach of the obligations, representations, or warranties under these Terms or infringement the third party’s copyright.
24. (Exemption of Company)
(1) In case of temporally suspending the Service due to the reason in the Article 11, clause 2, the Company shall not be responsible for any special damage of the Member or the third person.
(2) In case of limiting or interrupting the Service due to the reason in the Article 11 , Clause 3, the Company shall be not responsible for such limitation or interrupt.
(3) The Company shall not be responsible for the disability of Service use due to the reason attributable to the Member.
(4) The Company shall not be responsible for the damage occurred by leaking or providing the other with the Member’s personal information.
25. (Governing law and jurisdiction)
(1) This Agreement shall be governed by, and construed in accordance with, the laws of Republic of Korea, without application of its conflicts of law provision. The lawsuit filed between the Company and the Member shall be governed by the law of the Republic of Korea.
(2) The dispute in connection with this Agreement shall be brought to the court that has jurisdiction for the Member’s address. If the Member has no address or the address is not clear, the competent court shall be determined by the Civil Procedure Act.
(3) Notwithstanding previous Clause, if the Member resides in abroad, the lawsuit filed between the Company and Member shall be brought to Seoul Central District Court as its competent court.
26. (Others)
(1) The Company and Member may not assign or transfer the right and obligation of these Terms to the third person without prior written consent of the other party.
(2) Separately written contract, agreement and notification in relation to the terms and conditions of these Terms by mutual consultation by both parties, shall consist part of these Terms, as well as the amended terms by policy change of the Company, enactment or revision of law, or notification and instruction of governmental institution notified by the Company through the Service.
Additional clause
1. (Date of application)
These Terms shall be applied from December 26, 2016.
Terms of Service (Designer Member)
1.Generals
1. (Objective)
The objective of this terms of Service (hereinafter ‘Terms’) is to set forth the rights, obligations, responsibilities and other necessary items between the buyer and the Company in relation to the use of sale service (hereinafter called ‘Service’ or ‘Sale Service’) of the e-Product online marketplace for 3D printing models provided by Fab365, Inc. (hereinafter called ‘Company’)
2. (Specification, effect and revision of terms)
(1) The Company shall post this terms and conditions of these Terms, as well as the Company’s social name, business office site, the representative’s name, business registration number, telephone number(telephone, fax, e-mail address etc) on the main page of the Service or any connected page to such main page.
(2) The Company may revise these terms in the range that shall not violate the related law, including but not limited to the Act on the Regulations of Terms and Conditions, Framework Act on Electronic Documents and Transactions, Digital Signature Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Act on the Consumer Protection in Electronic Commerce, Etc., Electronic Financial Transactions Act.
(3) If the Company revises these Terms, the Company shall notify the effective date of the amended Terms and the reason of amendment with the revised terms according to the method under clause 1 above, from 7 days before such effective date to the effective date. Provided, notwithstanding the methods under Clause 1, the amendment of unfavorable terms to the Member shall be clearly notified through the electronic means such as e-mails in Service, pop-up windows of requiring approval upon the Member’s login.
(4) If the Member did not express his/her intention of refusal after the Company clearly announced or notified the Member that it is deemed as approval for the amendment of the Terms if the Member did not express its intention to approve or disapprove within 30 days, announcing or notifying the amended Terms according to the previous Clause, it shall be deemed that the Member agreed to the amendment of the Terms.
3. (Definition of terms)
(1) The definition of term used in these terms is as follows.
1. Member(‘Seller’ or ‘Designer Member’): It refers to the person who is 14 years old or older or corporation who registered to the Service by providing the Company with his/her personal information and may use the Purchase Service.
2. Buyer : It refers to the person or corporation more than 14 years old who registered to the Service by providing the Company with his/her personal information and may use the Service to purchase the Contents.
3. Identification (ID): It refers to the combination of letters and numbers registered by the Member and approved by the Company for the identification of Member and the use of Service.
4. Password: It refers to the combination of letters and numbers registered in the Company registered by the Member to make the identification of the Member and protect the Member’s rights and interests and secret.
5. Administrator: It refers to the person selected by the Company for the general administration of Service provided by the Company.
6. Contents: It refers to 3D printing model data and its related Contents that are traded between the Seller and Buyer or between the Company and Buyer through the Service provided by the Company.
(2) The meaning of term in these Terms that are not separately defined in the Clause 1 or in the clause where the term is used shall be interpreted based on the general standard/common practices of transaction.
4. (Type of service)
(1) The service provided by the Company intends allowing the use of cybermall or mediation of the mail order so as to trade the contents or related goods(hereinafter called ‘Contents’), and the Company is a mail order brokerage but not the person directly involved in such mail order. Therefore, the Company shall not be responsible of the Contents registered by the Seller in Service for sale. The Company shall clearly indicate to the Buyer through the transaction screen that the Company is only a mail order brokerage.
(2) However, the Company may sell the Contents in person through the Service. In this case, the Company indicates that the Contents is sold by the Company on the introduction screen or order screen of the Contents, and the Company may be responsible as the mail order brokerage business for the corresponding transaction.
5. (Denial of representative act)
The Company shall be responsible only of system operation and administration for the efficient provision of the Service as an mail order brokerage in relation to the Contents not directly sold by the Company, and shall not represent the Buyer or Seller in relation to the transaction of Contents, and the corresponding Member shall directly be responsible for the transaction established between Members and for the information provided or registered by the Member.
6. (Denial of guarantee)
The Company shall not guarantee sincerity of intention to sell or buy regarding the transaction between the Buyer and the Seller through the system provided by the Company. The Company shall not guarantee that the quality, integrity, stability, legality of Contents sold by the Seller and non-infringement of the third party’s right, the sincerity or legality of information provided by the Buyer or Seller and the Member shall bear all the danger and responsibility related to those.
2. Use contract and information protection
7. (Establishment of service use contract)
(1) The Service use contract (hereinafter called "Use Contract") is established by Company’s approval in relation to the use application of user of Service (including purchase service for the Contents). The Company shall post the intention of use approval on the Service screen or notify it by email or by the other way.
(2) The person who tries to use Service shall agree with these terms, and fill in the necessary information according to the Member’s subscription form provided by the Company.
(3) The person of 14 years old or older or corporation (individual business and corporate business) may subscribe as a Member. If the subscriber applies for the use by pirating the other’s information, he/she shall be limited to use Service or may be punished by related laws and regulations.
(4) The processing of application shall be made according to the order of application, and the moment of establishment of Member’s subscription shall be the point of which the Company’s consent reaches to the Member.
(5) The Company may refuse or defer the consent of use application in case of the following reason occurred.
1. In case of applying by pirating the other’s information
2. In case of applying in 2 months from the prior termination date of Use Contract terminated by the Company
3. In case that the Member who is disciplined, including but not limited to, by suspension of Service provision from the Company terminates Use Contract and reapplies during the period of such disciplinary
4. In case that the Company has no margin of equipment or technical encumbrance
5. In case that the Company recognizes, by its reasonable discretion, that such refusal or deference is necessary or the application is inconsistent with these Terms or is identified to be illegal or unfair.
(6) The company may request the Seller documentary evidence to the extent allowed by the related laws and regulations, in order to verify the information provided by the seller upon subscription for Use Contract. If the Seller refuses to provide such documentary evidence without reasonable reason, the Company may refuse or defer the approval for the application of Use Contract.
8. (Use application and personal information)
(1) The Member shall not provide the false information when applying for Use of Service, and shall immediately correct the information upon the Member’s information changes.
(2) All the notification of the Company to the Member is deemed to be made upon arrival to the Member by email, of which address provided by the Member. The Member is responsible for any damaged incurred by false personal information, while the Company is not responsible for such damage.
(3) The collection, use, and processing of the Member’s personal information, and its provision to the third party by the Company shall be consistent with the ‘Privacy Policy’ which shall be posted by the Company on main page or its connected page in Service.
9. (Administration of ID and password)
(1) The Member shall be responsible for securing and managing ID and password. The Member shall not transfer or rent his/her ID or password to the other in any case.
(2) The Member shall be responsible for the loss or damage occurred from the leak, transfer or rental of ID or password that is not occurred by the Company’s reasons attributable.
(3) The Member shall promptly notify the Company if he/she recognizes that his/her ID or password is stolen or used by the others without his/her permission, and the Company shall make its best effort to respond to such unauthorized use.
10. (Termination of use contract)
(1) Termination by Member
1. The Member may cancel the Use Contract by notifying termination to the Company through web page of the Service. Provided, the Member shall take measure necessary to finalize all pending transaction prior to 7 days before the notification of termination.
2. The Member shall bear the disadvantage occurred by such declaration for termination made by the Member within the period of previous clause, the Company may revoke all the free benefits provided to the Member upon the termination of Use Contract.
(2) Termination by Company
The Company may terminate the Use Contract if one of the following events occurs:
1. If the Member infringes the right or reputation, credit and other fair benefit of other Member or the third party, or violates the Korean law or public order and good morals
2. If the Member interrupts or attempts to interrupt an easy progress of Service provision of the Company
3. If any reason for the refusal under Article 7, Clause (5) is identified
4. If the Member violates the Member’s obligation, declaration, guarantee and precedents under these Terms
5. If the Company reasonably elects to refuse provision of Service
(3) A party may terminate Use Contract by notifying termination to the other party if any of the following events occurs:
1. If one party breaches any obligation under these Terms and fails to cure such breach within 7 days after receipt of notice to cure such breach of obligations.
2. If performance of Use Contract become impossible due to the suspension of transaction by banking institutions including but not limited to bankruptcy, the opening of revival and bankruptcy procedure, or administrative disposition including but not limited to suspension or termination of business, conservative measure of main assets, business transfer and merger.
(4) If the Company terminates the Use Contract, the Company shall notify termination to the Member, stating the reason of terminations through email, telephone or other way. The Use Contract shall be terminated at the moment that the Company sends the intention of termination to the Member.
(5) Notwithstanding the termination of Use Contract according to this Article, these Terms shall be continuously applied in regards of the completion of the sales contract that has been already executed before the termination.
(6) The Company may withdraw all free benefits provided to the Member upon the termination according to this Article.
11. (Term of service and suspension)
(1) Term of the Service is from the point that Company’s approval for application of Use Contract reaches to the Member to termination of the Use Contract.
(2) The Company may temporally suspend the provision of Service for its revision and recovery for the reasons of repairing, revision, substitution, or failure of equipment including computers or loss of communication is occurred.
(3) The Company may limit or suspend temporally the provision of Service if the Company is unable to provide Service due to natural disasters or its equivalent force majeure.
(4) The Company may modify or suspend all or part of the Service provided for free according to the needs of Company’s policy and operation. The Company shall not compensate any loss occurred by such modification or suspension to the Member unless any related laws or regulation provides.
3.Use of service
12. (Member’s use of service)
The Company shall grant to the Member non-transferable, non-exclusive and worldwide license for using the Service for the purpose of personal and non-commercial use in regards of the digital contents under the Service.
13. (Service fee)
(1) The ‘Service Fee’ refers to the amount that the Seller shall pay the company according to the sale of the Content by the Seller. The company shall determine the Service Fee for each seller, considering the cost for the Service provision, market condition, class and type of the Contents, transaction method, Seller’s sales performance and Buyer satisfaction. The actual amount of the Service Fee may be calculated in various ways, including but not limited to, the fixed amount or the fixed proportion of the entire amount sold through the Seller’s service.
(2) The company shall notify the Service Fee on the web page of the Service which presented when the Seller logs in the Service. The company may create and modify the Service Fee if necessary, and such new or modified Service Fee shall be notified on the web page of the Service which presented when the Seller logs in the Service.
(3) The company may discount the Service Fee regarding the specific Contents to promote sales in the Service.
(4) The Seller may pay the service fee by deducing from the sales deposit and the rate and payment method according to the mutual consultation between the Company and the Seller or Company’s policy.
(5) The company shall issue the tax invoice for the Service Fee if the Seller requests.
14. (Seller’s obligation)
(1) The Seller shall upload on the Service the Contents to sell and shall write, publish and manage in person the information necessary for its selling, including but not limited to price, description and pre-view information.
(2) If the Seller attempts to attach special condition or to charge additional cost for the Contents for sale, the Seller shall explicitly describe such special conditions in order to the Buyer to recognize them.
(3) The seller shall input (i) the information on the Contents for sale and (ii) the information pursuant to ‘Notification of Information Provision of Product in Electronic Commerce’ (notification of Fair Trade Commission #2015-17; executed April 1, 2016, hereinafter called ‘Notification of Product Information Provision’) and update, complement or modify such information if the Notification of Product Information Provision is modified or revised.
(4) The Seller’s description of the selling Contents shall be identical to the selling Contents.
(5) The Seller shall not directly sell the Contents to the Buyer or induce the Buyer to direct transaction not using the Service.
(6) The Seller shall always update the information, including but not limited to, the Seller’s name, telephone and address, which shall be provided to the Buyers as mail order brokerage pursuant to 「the act on the consumer protection in the electronic commerce transactions etc.」 and related laws and regulations.
(7) The Seller shall not sell the Contents that infringe the third party’s right, including intellectual property right.
(8) The Seller shall not sell the Contents that may print in 3D any object that is prohibited to manufacture, distribute, possess and use according to the related laws and regulations, such as guns and pornography.
(9) The Seller shall not sell the Contents that contain error or defect which causes abnormal operation, including but not limited to logical error, data inconsistent with its file format, and data causing malfunction of 3D printer.
(10) The Seller shall not incur tangible and intangible damage which harms the reputation of the Company or the Service by the reason attributable to Seller, including but not limited to the violation of related laws and regulations.
(11) The company may take measure necessary, such as the limitation of the Seller’s selling Contents, suspension of the Service or the termination of Use Contract if the Seller shall not perform his/her obligations under these Terms.
15. (Subscription Withdrawal)
(1) In regards of subscription withdrawal(refund), the Company shall comply the laws and regulations related to「the Act on the Consumer Protection in Electronic Commerce Etc.」 ,「Cultural Industry Promotion Basic Act」and this article.
(2) The Buyer may withdraw the subscription within 7 days from the date of purchase or from the date the Contents become available.
(3) Notwithstanding the above, the Buyer shall not withdraw the subscription according to the Clause 1 without the Seller’s consent if any of the following events occurs:
1. if the goods or Contents are despised or damaged due to the consumer’s mistake, excluding the case that the Buyer damaged the package of the goods or the Contents in order to verify the goods or the Contents.
2. If the value of the goods or the Contents is remarkably diminished due to consumer’s use or partial consumption
3. If the value of the goods or the Contents is remarkably diminished as the time goes on and is unable to be sold again
4. If the package of replicable goods or Contents is damaged
5. If the provision of service or digital contents of Article 2 , Item 5 of 「Framework Act on the Promotion of Cultural Industries」is initiated (In the Service, the completion of downloading the Contents shall be deemed as initiating the provision); provided, if the sale contract is in regards of divisible service or divisible digital Contents, previous sentence shall be applied for the part of the Contents not provided.In case determined by presidential order for the safety of transaction
(4) The seller shall, in case of goods whose subscription withdrawal is impossible according to the regulation of Clause 2 to Clause 5, indicate the fact clearly on the package of goods or on the part easily seen by consumer, or take measure by providing the test product in order that the right execution of subscription withdrawal should not be interrupted. However, in case the consumer cannot withdraw the subscription for the digital contents of clause 5, the seller shall take measure in one or more ways of the following numeration according to the contents determined by the presidential order with the indication of the fact that is impossible to withdraw the subscription in order that the right execution of subscription withdrawal should not be interrupted.
1. Permission of partial use: Providing some part of digital contents in preview and pre- listening
2. Permission of temporal use: Providing digital contents by setting a certain use time
3. Providing the digital contents for experience: Providing digital contents that can use only the limited function
4. In case of inconvenient provision of test product in the way of 1 to 3: Providing the information regarding the digital contents
(5) If the Seller does not comply the regulation of subscription withdrawal(refund) in the related laws and regulations and these Terms, the company may take necessary measures including notifying a warning, temporal suspension of the Sale Service for such corresponding Contents, suspension of the Sale Service , the terminations of Use contract.
16. (Settlement)
(1) The balance of the amount for the Contents sold by the Seller shall be calculated by deducting the Service Fee from the sale price, and the balance amount shall be paid on 28th day of each month.
(2) The Seller shall be notified the estimated balance amount in the balance page accessible after logging in the Service. However, the Company may not provide the automated balance page for the Seller if the Service is under development, maintenance, or administration. In such case, the Company may notify to the Seller via email the details of the balance amount.
(3) The Company may defer the calculation of balance amount, for equal or less than 3 months, if request for refund or subscription withdrawal is raised by Buyer with reasonable reasons and it is considered that the estimated refund amount for a month after previous calculation of balance exceeds 50% of the estimated balance amount.
4. Use of additional service
17. (Sales promotion service)
(1) The company may provide the seller with the discount coupon or point that the seller can pay the buyer according to company’s operational policy for the sales promotion of contents.
5.User management and protection
18. (User management)
(1) The Company may take one or more of following measure to the Member who violated the Terms or its related laws and regulations.
1. Withdrawing all or part of the benefit additionally provided by the Company
2. Limiting the use of specific Service
3. Terminating the Use Contract
4. Claiming for indemnification
(2) The Company shall give prior notice to the Member by telephone or email when the Company takes the measure described in the previous Clause. The Company may take such measures in advance and notify thereafter if it is impossible to contact the Member or in emergency.
(3) The Member may remonstrate against such Company’s measure under this Article if he/she has the reason of remonstrance.
19. (Copyright and license)
(1) Contents
1. The copyright of all Contents sold in the Service shall be owned by the holder of copyright and any provision of these Terms shall not be interpreted as transfer of the copyright to the Company or Buyer.
2. The Seller shall grant the irrevocable, non-exclusive, sublicensing, royalty-free and fully-paid, worldwide license which permits to copy, distribute, exhibit, perform the Content and write the derivation works of the Contents in purpose of operation, advertisement and marketing of the Company’s Service and mediating trade of the Contents between the Buyer and Seller, from the moment of uploading the Contents and registering it as sales Contents to the Service, to the moment of cancellation the registration of sales Contents, and shall represent and warrant that the Seller is eligible to grant such right herein.
3. The Company shall not pay any royalty to the Seller if the Company shall use the Content in the scope and the purpose described in these Terms and shall not execute separate contract other than these Terms with the Seller.
(2) Posts
1. The copyright of all posts or of work including rating, comment and opinion related to the Contents, Q&A, and other posts or writings (hereinafter called ‘Posts’) shall be owned by the Member who wrote the Posts. The Member shall be responsible for the copyright infringement occurred from such writing or publishing the Posts in the Service.
2. The Company may copy, distribute, send and exhibit the Posts, and modify and edit them preserving the essential part of the Posts, in order to promote and publicize the Contents traded in Service.
3. The Company may delete Posts , limit the use of specific Service to the writer of the Posts without prior notice if the Post falls in any of the following cases. Furthermore, if the Member publishes the Post which falls in any of the following cases twice or more, the Company may terminate the Use Contract. However, unless the Post falls in the following cases, the Company shall not delete the Posts only for the reason that the Post is unfavorable to the Company or the Seller, including simple complaints for the Contents.
① In case of including content that violates the Korean law
② In case of publishing and announcing content prohibited to sell according to the related law or pornography
③ In case of including false or excessive advertising
④ In case of infringing the other’s right or reputation, credit and other fair profit
⑤ In case of inducing a direct transaction or posting the link of other site
⑥ In case of including malicious code or data that can cause malfunction of the Service equipment
⑦ In case of being against the social public order or beautiful and fine custom
⑧ In case of being judged to interrupt easy progress of Service provided by the Company
⑨ In case of including content related to criminal act
⑩ In case of including content that may cause the political and economic dispute
20. (Prohibited act)
(1) False comment
1. The Seller shall not write or indicate his/her opinion related to the Contents in Service in order to affect the sales of the Contents sold by himself/herself or by the other Seller.
(2) Direct transaction
1. The parties of direct transaction between the Buyer and the Seller, not using the Service, shall be responsible for any problem occurred from such direct transaction, and the Company shall not be responsible for the problems.
(3) System cheating
1. The act of using Service or of accessing to the system in abnormal method by not the method provided by the Company shall be prohibited.
(4) Sanction
The Company may suspend the sales of the Contents for the Seller who committed prohibited act under this Article. If the Company identifies that the Seller committed prohibited act under this Article twice or more, the Company may terminate Use Contract with the Seller and may claim indemnification for the damage occurred by such prohibited act.
6.Other
21. (Relation with the related law)
(1) The items not provided in these Terms shall be pursuant to Act on the Consumer Protection in Electronic Commerce, etc., other related laws and regulations and ordinary commercial custom.
(2) In regard of the transaction made through the Service, Act on the Consumer Protection in Electronic Commerce shall be preferentially applied and the any party of the transaction shall not claim exemption based on the provisions under these Terms.
22. (Relation with the related terms)
(1) In regards of use of the purchase service by the Seller, the terms and conditions of ‘Terms of Service (Ordinary Member)’ shall be applied.
(2) In regards of use of the Sale Service by the Seller, if there is any conflict, dispute, or discrepancy between these Terms and the ‘Terms of Service (Ordinary Member)’, as between the Company and the Seller, these Terms shall prevail.
23. (Indemnification)
(1) If the Company or the Member violates any of obligations, representations or warranties under these Terms, the breaching party shall indemnify to the other party for damages in causal relation with such breaching.
(2) The Member shall hold harmless the Company from any claim including indemnification by the third party if such claim is based on the Member’s breach of the obligations, representations, or warranties under these Terms or infringement the third party’s copyright.
24. (Confidentiality)
(1) The company or the Member shall not disclose or reveal any confidential information, including but not limited to list of suppliers, technical information, production and sales plan, know-how, and other information treated as confidential to the third person except the case forced by the laws and regulations to disclose and shall not use such confidential information for the other purpose than the performance of Use Contract.
(2) The obligation of previous clause shall survive for 3 years after the termination of Use Contract.
25. (Exemption of company)
(1) The company only shall provide the Service for the transaction of Contents as a mail order brokerage and shall not intervene in the dispute in association with the information on the Contents registered by the Seller or the transaction between the Seller and the Buyer, therefore the Seller shall be responsible for the result of such disputes. Provided, the company may exceptionally intervene in such disputes through the conflict mediation organization(including the customer service center), which is organized and operated by the Company, for the reasonable mediation of dispute, and the Seller shall embrace the determination of the conflict mediation organization as best as possible, based on good faith.
(2) The company may delete or correct the information of the Contents registered by the Seller any rightful person claims a legitimate right. In such event, the Seller shall not claim for indemnification to the Company.
(3) In case of temporally suspending the Service due to the reason in the Article 11, clause 2, the Company shall not be responsible for any special damage of the Member or the third person.
(4) In case of limiting or interrupting the Service due to the reason in the Article 11 , Clause 3, the Company shall be not responsible for such limitation or interrupt.
(5) The Company shall not be responsible for the disability of Service use due to the reason attributable to the Member.
(6) The Company shall not be responsible for the damage occurred by leaking or providing the other with the Member’s personal information.
26. (Governing law and jurisdiction)
(1) This Agreement shall be governed by, and construed in accordance with, the laws of Republic of Korea, without application of its conflicts of law provision. The lawsuit filed between the Company and the Member shall be governed by the law of the Republic of Korea.
(2) The dispute in connection with this Agreement shall be brought to the court that has jurisdiction for the Member’s address. If the Member has no address or the address is not clear, the competent court shall be determined by the Civil Procedure Act.
27. (Others)
(1) The Company and Member may not assign or transfer the right and obligation of these Terms to the third person without prior written consent of the other party.
(2) Separately written contract, agreement and notification in relation to the terms and conditions of these Terms by mutual consultation by both parties, shall consist part of these Terms, as well as the amended terms by policy change of the Company, enactment or revision of law, or notification and instruction of governmental institution notified by the Company through the Service.
Additional clause
1. (Date of application)
These terms shall be applied from December 26, 2016.