Article 1 (Purpose)
These Terms of Service aim to define the rights, obligations, responsibilities, and other necessary matters between CrowdPic Co., Ltd. (hereinafter referred to as "the Company") and members regarding the use of the CrowdPic website service (www.crowdpic.net).
Article 2 (Definitions)
1. "Content" refers to images posted on CrowdPic.
2. "Non-commercial content (editorial use only and editorial exclusive content)" refers to images that cannot be used for commercial purposes.
3. "Member" refers to a person who has registered with CrowdPic and uses the services provided by the Company in accordance with these Terms and the "CrowdPic Contributor Terms."
4. "Contributor" refers to a member who has registered to upload and sell content on CrowdPic.
5. "ID" refers to a combination of letters and numbers that a member applies for and the Company approves for member identification and service use, typically the email address entered during registration.
6. "Password" refers to a combination of letters or numbers set by the member to confirm their identity matching the assigned ID and protect confidentiality.
7. "Service" refers to the act of members using content for free or for a fee within the Company's site.
8. "Termination" refers to the cancellation of the service contract by the Company or a member.
9. "Points" refer to digital currency that can be converted to cash, provided when a contributor's content is sold.
Article 3 (Notice and Effect of Terms, Amendments)
1. These Terms shall be posted on the service's initial screen so that members can easily access them.
2. The Company may amend these Terms within the scope that does not violate the Act on Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter "Information and Communications Network Act"), and other related laws.
3. When the Company amends the Terms, it shall specify the effective date and details of the amendment and notify members through the service notice board or email at least 7 days before the effective date. However, in the case of amendments unfavorable to members, the Company shall clearly notify separately through electronic means such as email within the service or a consent window upon login, in addition to the notice.
4. If a member does not explicitly refuse within 7 days from the date of notice of the amended Terms in accordance with Article 3, Paragraph 3, it shall be deemed that the member has agreed to the amended Terms.
5. If a member expresses their intention not to agree to the amendment, the Company cannot apply the amended Terms, and the member cannot use the service from the effective date of the amended Terms.
6. When amending the Terms, the amended Terms shall only apply to contracts concluded after the effective date. The previous Terms shall continue to apply to contracts already concluded.
Article 4 (Interpretation of Terms)
1. Matters not specified in these Terms or their interpretation shall be governed by relevant laws or commercial practices.
2. In case of disputes among members using the service, these Terms shall be applied first, and if the interpretation is ambiguous or not specified in these Terms, the parties to the dispute shall resolve it according to relevant laws or commercial practices.
Article 5 (Conclusion of Service Agreement)
1. A service agreement is concluded when a person wishing to become a member (hereinafter "applicant") agrees to the contents of the Terms, applies for membership, and the Company accepts it.
2. For the application in Paragraph 1, the Company may request real name verification and identity authentication through an identity verification institution if necessary.
3. Applicants must provide truthful information when applying for membership, and any disadvantages or legal responsibilities arising from providing false information shall be borne by the applicant.
4. The Company shall not approve applications that fall under any of the following:
① Under 14 years of age
② Not using a real name or using another person's name
③ Applications that cannot be approved due to reasons attributable to the user or violate other prescribed matters
5. If the Company does not approve or reserves approval of a membership application in accordance with Paragraph 4, the Company shall, in principle, notify the applicant.
6. The Company may classify members by grade according to Company policy and differentiate usage by subdividing usage time, frequency, service menus, etc.
Article 6 (Changes to Member Information)
1. Members may view and modify their personal information at any time through the member menu in the service. However, ID and email address necessary for service management cannot be modified.
2. The Company shall not be responsible for any disadvantages arising from not notifying the Company of changes in Paragraph 1.
Article 7 (Protection and Use of Personal Information)
The Company strives to protect users' personal information, including member registration information, in accordance with relevant laws, and the Company's Privacy Policy applies to the protection and use of users' personal information. However, the Company shall not be responsible for information exposed due to reasons attributable to members.
Article 8 (Member's Obligations Regarding ID and Password Management)
1. The responsibility for managing a member's ID and password lies with the member, and they must not allow third parties to use them.
2. The Company may restrict the use of an ID if there is a risk of personal information leakage, if it is antisocial or contrary to public morals, or if there is a risk of being mistaken for the Company or its operator.
3. If a member becomes aware that their ID or password has been stolen or is being used by a third party, they must immediately notify the Company and follow the Company's guidance.
4. The Company shall not be responsible for any disadvantages arising from the member not notifying the Company of the situation in Paragraph 3 or not following the Company's guidance even after notification.
Article 9 (Notice to Members)
When the Company notifies members, it may do so through notices within the service, email addresses, electronic messages, etc., unless otherwise specified in these Terms.
Article 10 (Company's Obligations)
1. The Company shall not violate relevant laws or these Terms and shall do its best to provide services continuously and stably.
2. The Company shall establish a security system to protect personal information and publicly disclose and comply with its Privacy Policy.
3. If opinions or complaints raised by members are justified and objectively recognized, the Company shall process them immediately through appropriate procedures. However, if immediate processing is difficult, the Company shall notify the member of the reason and processing schedule.
Article 11 (Member's Obligations)
1. Members must provide truthful information when applying for membership or changing member information. If they register using false information or another person's information, they cannot claim or receive any rights.
2. Members must comply with these Terms, the "CrowdPic Contributor Terms" established by the Company, and other matters announced by the Company.
3. Members cannot transfer or donate their service usage rights, contractual status, etc. to others or provide them as collateral.
4. Members must not engage in the following acts, and if they do, the Company may impose sanctions including restricting member service use and taking legal action:
① Using or copying content obtained through the service for purposes other than service use, or providing it to third parties
② Acts corresponding to Article 16 (Content Usage Restrictions)
③ Violating these Terms and other regulations or conditions of use established by the Company
④ Harming or intentionally interfering with the service
⑤ Arbitrarily manipulating functions within the service or engaging in intentional fraudulent transactions
(Example: Intentionally purchasing one's own or a specific person's content with free promotional points)
(Example: Intentionally clicking to increase views or likes)
⑥ Violating other relevant laws
Article 12 (Member's Contract Termination)
1. Members may apply for service contract termination at any time through the member information menu within the service, and the Company shall process it immediately.
2. When a member terminates the contract (membership withdrawal), all member data shall be deleted immediately upon termination, except when the Company retains member information in accordance with relevant laws and the Privacy Policy. However, in the case of contributors, all data shall be deleted 14 days after the membership withdrawal application. This is to ensure re-download rights for members who previously purchased the withdrawing contributor's content. Also, from the moment of withdrawal application, the contributor's content will not be exposed in searches and new purchases will be impossible.
3. Therefore, contributors who wish to re-register with the same email address after membership withdrawal can do so 14 days later.
4. The Company shall not be responsible for damages incurred to members due to deletion of information related to content use and cash conversion applications resulting from termination.
Article 13 (Provision of Services)
1. The Company provides members with the following services:
① Content provision: Providing, selling, and brokering content uploaded by contributors
② Content use: Using, purchasing, and brokering content provided by contributors and the Company
③ Other services additionally developed and provided by the Company to members
2. Services are provided 24 hours a day, 365 days a year in principle.
3. The Company may temporarily suspend service provision in case of maintenance, replacement, or failure of information and communication equipment such as computers, communication interruption, natural disasters, or other reasonable operational reasons. In such cases, the Company shall notify members of the reason and period in advance or afterward.
4. The Company may conduct regular inspections if necessary for service provision, and regular inspection times shall be according to what is announced on the service screen.
Article 14 (Content Management)
1. Content provided by the Company may be deleted or modified at the Company's sole discretion.
2. When problems occur with content for reasons including copyright, property rights, or portrait rights issues, the Company shall fulfill its obligation to notify members by announcing it (posting on the site's notice board or email notification), and members must stop using it. After the announcement, all legal responsibilities for using the content lie with the member who used it, not with the Company.
Article 15 (Content Copyright)
1. The copyright of content provided through the Company's service belongs to the lawful author, contributor, and related rights holders. Members receive permission to use only within the scope of permitted purposes according to member classification and amount paid, and the Company does not sell the copyright of the content itself.
2. Unauthorized copying or use of content provided on the Company's site, or acts beyond the "CrowdPic Contributor Terms" posted on the site without prior consultation with the Company, shall be considered copyright infringement under copyright law and related laws. Therefore, members must compensate the Company and third parties for all types of damages or liabilities arising from image use other than those explicitly permitted in these Terms and the "CrowdPic Contributor Terms." Additionally, members must indemnify the Company at their own expense for third-party claims.
3. The Company may not hold portrait rights, property rights, copyrights, trademark rights, patent rights, or design rights (hereinafter "copyright, etc.") for subjects (people, buildings, places, etc.) in content provided on the site (Example: portrait rights of people in crowds, property rights of background buildings, etc.). Therefore, depending on the form of use, members may need to directly obtain relevant rights before use for some subjects in content, so members should inquire with the Company in advance about subjects where the existence of copyright, etc. is suspected when using. If members use without prior consultation with the Company and disputes arise with third parties regarding these rights, the Company shall not be responsible, and all responsibility lies with the member. Members must indemnify the Company for third-party claims arising from such use.
4. Rights to logos, symbols, characters, trademarks, service marks, etc. that may be partially included in content belong to the respective rights holders, not the Company, so approval must be obtained from rights holders in advance if intending to use in a form that infringes such rights.
5. In the case of the previous paragraph, if members do not cooperate with discontinuation and deletion measures, responsibility for copyright disputes or expanded damages arising therefrom lies with the member, and the Company shall not be responsible for such disputes or expanded damages.
6. Among the above paragraphs, in case of disputes with third parties where the responsibility of the Company and members is at issue, members cannot acknowledge responsibility to the third party or make adjustments or agreements without the Company's consent, and even if members acknowledge responsibility, make adjustments, or make any other agreements with third parties without the Company's consent, this shall have no effect on the Company.
7. The Company shall not be responsible for any legal disputes arising from uploading, purchasing, or using content. Such disputes shall be resolved through agreement and dispute resolution between the parties. The Company may notify the parties of the facts for amicable agreement between the parties.
8. The Company shall not be responsible for any legal disputes arising when members misappropriate or sell and trade third-party content without authorization, rather than content to which they hold copyright, and the member who sold the content shall bear all responsibility. The Company may apply a zero-tolerance principle and permanently prevent the member from operating within the service.
Article 16 (Content Usage Restrictions)
1. All content cannot be sublicensed, redistributed, resold (distributed, transferred, loaned, leased, rented).
2. All content cannot be used for the following purposes:
① Pornography and adult advertising, entertainment establishments, loan sharks, prostitution, urology, plastic surgery, and other purposes contrary to social morals and general sentiment
② Exaggerated advertising in which a model endorses a specific product
A. Example) Plastic surgery before & after comparison photos
B. Cases where false information about the model is used
Example) When the image model is used as if using a specific service
Example) When a pseudonym or false identity is displayed on the image model
C. Other exaggerated advertising and false advertising
③ Purposes that damage the model's personality rights
A. Defaming others or using obscenely, damaging reputation
B. Synthesizing or reprocessing body, face, etc. with third-party images
C. Other purposes that damage the model's personality rights
Example) Use of portrait content is not permitted in dating services, finance, hospitals, and other services where it is deemed to potentially damage the model's personality rights.
If you need detailed information regarding these restrictions, please contact CrowdPic.
④ Other illegal uses
⑤ Content cannot be used for exhibitions/contests, logos, symbols, trademarks, service marks, brands, etc.
3. When using content, if there are concerns about violating usage restrictions or difficulty in judgment, members must inquire with the Company or the copyright holder (contributor) of the content before use. In particular, since content usage restrictions may be applied more sensitively for portrait content use, members must inquire with the Company or the copyright holder (contributor) before using important portrait content.
4. All content is provided on the premise of non-exclusive use, and separate consultation is required for exclusive use.
5. Uploading or scraping purchased content in its original form for redistribution purposes to web hard drives, blogs, cafes, SNS (Facebook, Instagram, etc.) is prohibited.
6. Registration of intellectual property rights for downloaded content and derivative works is prohibited.
7. If you need to create and sell or distribute derivative works, please inquire with the Company in advance.
(Example: If you make and sell product packages, postcards, or frames with purchased images, additional contracts may be required if the quantity exceeds a certain amount (1,000 copies).)
8. When delivering works (providing to secondary users), the original source of the delivered work cannot be delivered simultaneously. If the original work is delivered and the client creates secondary products using the original content, all responsibility lies with the member who delivered it.
*When use that violates image usage restrictions is discovered, customers using the image must promptly stop using the problematic image according to CrowdPic's guidance.
Additionally, if damage or harm occurs to the Company and the copyright holder of the image due to use that violates usage restrictions, the customer using the image must compensate for the damage and harm.
Article 17 (Content Refunds)
1. Due to the nature of digital content, refunds are not available for purchased content.
2. However, partial refunds are available for unused charged amounts. Refunds are possible within 14 days after payment of charged amounts due to customer's change of mind.
3. Promotional and additional bonus amounts are not calculated in partial refunds of remaining amounts.
4. When refunding, the amount excluding fees incurred at the time of payment will be refunded.
Article 18 (Compensation for Damages)
Unauthorized copying or use of content provided in the service, or acts beyond what is stipulated in these Terms (use exceeding usage scope or use violating restrictions when using content, etc.) constitute copyright infringement under copyright law and related laws. In such cases, members must compensate for damages incurred to the Company, and if the Company suffers damages exceeding this, they must also compensate for such excess damages. If third parties claim damages from the Company due to such acts by members, members must indemnify the Company at their own expense.
Article 19 (Disclaimer)
1. The Company shall be exempt from responsibility for service provision if unable to provide service due to natural disasters, war, or other force majeure circumstances.
2. The Company shall be exempt from responsibility if damages occur because telecommunications carriers stop or do not normally provide telecommunication services.
3. The Company shall be exempt from responsibility for damages arising from unavoidable reasons such as maintenance, replacement, regular inspection, or construction of service facilities.
4. No refunds or compensation shall be provided for service delays or temporary errors due to member access congestion, or temporary service suspension due to maintenance for service improvement by the Company.
Article 20 (Resolution of Service-Related Disputes)
1. The Company shall promptly process members' opinions or complaints related to service use. However, if prompt processing is difficult, the Company shall notify the member of the reason and processing schedule.
2. Disputes between the Company and members may be resolved through the mediation procedures of the E-Commerce Dispute Mediation Committee established under the Framework Act on Electronic Commerce.
Article 21 (Service Termination)
1. The Company shall notify members through notices within the service and email at least 3 months before the date it intends to terminate the service.
2. Points already accumulated as of the service termination notice date must be used according to these Terms by the service termination date, and after the service termination date, they shall automatically expire and members cannot claim rights regarding points.
3. Some services may be restricted from the termination notice date to the service termination date.
Article 22 (Governing Law and Jurisdiction)
1. Legal disputes between the Company and members shall be governed by the laws of the Republic of Korea.
2. If a lawsuit is filed regarding disputes arising from service use, the court having jurisdiction over the Company's location shall be the competent court.
Announcement Date: November 18, 2020
Effective Date: November 25, 2020
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