Article 1. Purpose
The following Terms of Service apply to Mubeat (Hereinafter referred to as “Service”), that is developed and arranged by Vlending (Hereinafter referred to as “Company”), and the purpose is to clearly define the rights, obligations and responsibilities of the Company and the user of the Service. These Terms of Service affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Service, do not access or use the Service.
Article 2. Definitions
The following words and terms shall have the meanings set forth below when they are used in the Terms of Service.
(1) “Service” means the K-pop idol clip video service provided by Vlending and its affiliates through smartphone device application.
(2) “Member(s)” means the user(s) who connects to the Service, agrees to the Company’s Terms of Service, and uses the Service.
(3) “ID” means a combination of letters and numbers set by the Member and authorized by the Company for the purpose of identifying the Member and using the Service.
(4) “Password” means a combination of letters or numbers set by the Member himself/herself in order to protect confidentiality and to identify whether the Member matches with the given ID.
(5) “Personal profile” means ID and nickname given by the mobile platform service such as Facebook and Google Plus to identify the user, and it includes the images of the profile picture set by the user.
Article 3. Effect and Amendment of the Terms of Service
(1) The following Terms of Service will be in immediate effect when a user is registered as the member and will immediately terminate when the Service usage period is over.
(2) The Terms of Service will be explicitly stated in Application > Settings > Terms of Service and will be modified if a reasonable and necessary case occurs. Should the revisions be legally disadvantageous to the member, notification of the changes shall begin from 30 days prior to the application to the day before the application by electronic means, such as emails other than just putting a public notice.
(3) Modified Terms of Service will be posted in Application > Settings > Terms of Service and will be on immediate effect after 7 days.
(4) Members using the service after the effective date of the amended Terms of Service in accordance with Clause 3 will be acknowledged to have granted consent to the modified Terms of Service. Should the member not agree to the amendment of the Terms of Service, he/she may choose to terminate the agreement for use, effectively ending the use of the Service.
(5) The Company will not be liable for disadvantage or loss incurred by being inattentive to the most up-to-date version of Terms of Service.
Article 4. Modification of the Contract details
(1) The member can access and modify his/her personal information anytime through the personal information management page.
(2) E-mail ID that is registered when signing up is irrevocable. It is impossible to revise the E-mail ID, but the member can change the password through Service application or password modification guideline e-mail.
(3) The Company does not hold any liability but the user will be liable for any disadvantages caused by the loss of registered personal information or registering false information.
Article 5. Posting Advertisement The Company may post its own or 3rd party’s advertisements in its Service.
Article 6. Company’s Obligation
(1) The Company shall make efforts to provide the Service on the day the user has requested the usage of the Service.
(2) When the Company acknowledges that the opinions or complaints from the member with respect to the use of the Service are justified, the Company shall handle them through proper procedures. As for the opinions or complaints from the member, the Company shall inform the member of the handling process and results.
(3) The Company shall make utmost efforts to provide convenience to the user during the process of the user’s agreement contract such as the contract of agreement of use and modification/termination of the contract details.
(4) The Company owns all rights to its Service.
Article 7. Changes/Discontinuation of the Service
(1) The Company reserves the rights to change all or part of the Service pursuant to the operational and technical necessity.
(2) Should the changes materially affect the member’s rights and obligations, the Company shall follow the rules stipulated in Article 3 before applying the changes to the Service.
(3) The Company may perform regular checkups, which may lead to a temporary discontinuation of the Service.
(4) The Company may restrict or discontinue the Service if there is a state of national emergency,checkup/replacement/breakdown/interruption of communication facilities or significant operational reasons.
(5) The Company reserves the right to shut down the Service due to the Company’s management.
Article 8. Member’s Obligation
(1) Besides the rights specified in the Terms of Service, the member receives no rights whatsoever on the content provided via the Service.
(2) The member must not do any prohibited actions regarding the content, including but not limited to the following actions, and shall abide by his/her rights and obligations detailed in these Terms of Service. A member who acts outside the scope of permitted rights and obligations may be held responsible for both civil and penal legal consequences.
1) Arbitrarily create other video files with the content
2) Arbitrarily upload content on the Internet
3) Arbitrarily share content with an unauthorized 3rd party
(3) The member shall not access the Service’s server network in an unauthorized manner . The member also shall not perform any action that may disrupt the Service in any way.
(4) The member is prohibited from taking any of the actions below:
1) Provide the Company with false information or plagiarize another person’s information
2) Violate the Company’s or a related 3rd party’s copyright or intellectual property rights
3) Slander the Company’s or a related 3rd party’s reputation
4) Commercially use the Service without the Company’s explicit consent
5) Falsely assume the Company or spread false information in regards to the Service
Article 9. Restrictions on Use
The Company may restrict the member’s use of the Service temporarily or permanently.
(1) Violating the obligations of Article 8 Member’s obligation of this Terms of Service
(2) Falsely registering his/her personal information
(3) Using the Service for commercial purposes or interrupting the Service usage of another person/party other than yourself.
(4) Assigning, renting, or trading your tester ID and password to another person/party other than yourself.
(5) Modifying Service client program, hacking the Server, and modifying any or all parts of the application without permission.
(6) Deliberately interrupting the Company’s operation of the Service
(7) Posting, transmitting, or otherwise making information, which can possibly violate the Company’s copyright policy, available online without the permission of the copyrighter. If you utilize the Company’s unique information that you obtain as a member for the purpose of commercialization without the Company’s authorization, your member ID will be canceled and will receive legal repercussions according to applicable laws and regulations.
Article 10. Compensation
(1) In case where the Company or the member has caused loss/damage to the other party due to the attributable reasons respectively, the Company or the member is responsible and liable to compensate. In particular, if the member infringes the content copyright by violating the Clause 2 of the Article 8, the member is fully responsible and liable to any civil and criminal liabilities.
(2) The Company shall not be responsible for the goods or service provided by the affiliates.
Article 11. Limitation of Liability
(1) The Company shall be exempt from any responsibility related to providing the Service in the case where the Company is unable to provide the Service due to natural disasters, wars or any force majeure.
(2) The Company shall be exempt from any responsibility when there was a loss caused to a member by using the content unless there are attributable reasons intentionally or negligently by the Company.
(3) The Company shall not be responsible regarding the free service unless there is a special provision in the relevant laws.
Article 12. Governing Law and Jurisdiction
(1) Disputes that arise between the Company and the member shall be governed by the laws of the Republic of Korea.
(2) Lawsuits surrounding disputes that arise between the Company and the Member shall be brought to the jurisdiction of the Member's address at the time the lawsuit is filed. If no address is available, the lawsuit shall be brought to the district court that has jurisdiction over the Member's place of residence. However, if the Member's address of place of residence is unknown at the time of the lawsuit, the lawsuit shall be brought to the competent court stated in the Civil Procedure Act. Seoul Central District Court of the Republic of Korea. All disputes that arise between the Company and the Member with an overseas address or place of residence shall be brought exclusively to the Seoul Central District Court of the Republic of Korea, despite the previous sentence.
Addendum. The following Terms of Service will take an effect from April 8th, 2018.
“Vlending” (Hereinafter referred to as “Company”) values user’s online privacy, and is committed to protect the user’s personal information provided to the Company during the use of the Company’s mobile service ‘Mubeat’ (Hereinafter referred to as “Service”).
Collection of Information
For account registration, log-in service, and seamless customer support, the Company may collect and use the following personal information:
(1) Log in via Mubeat account: user ID (E-mail address), password
(2) Log in via Facebook account (only when the user set as public user profile): Facebook ID, E-mail address, nickname
(3) Log in via Google Plus account: Google Plus ID, E-mail address, nickname
(4) Email address or contact information (e.g., user’s name, mailing address, phone number) to respond to the user inquiries and deliver prizes for promotional events The following information may be collected with the user’s consent for age verification or identity verification as required by relevant laws or regulations. (1) Encoded identification information (CI) (2) Identification information of overlapped membership (DI) The following information can be created and obtained during other service use.
(1) Service usage information, accessed log files and IP address
(2) Device type, operating system version, unique device identifier (UUID), device language settings, location information and country of residence
Method of Collection
The Company collects the information of the user in the following ways:
(1) Information collected during the registration for the Service or in the course of the use of the Service
(2) Information collected by tools for collection of created information
(3) Information collected during the 1:1 inquiry and information provided directly by the user
Use of Information
The Company may use the collected information of users for any of the following purposes:
(1) To provide the Service in a seamless manner and to facilitate, manage and improve the user experience
(2) For member identification and to detect and deter unauthorized use of or abuse of the Service
(3) To make statistics on the user’s Service usage
(4) To conduct user surveys and statistical analysis for the improvement of the Service
(5) To verify and respond to any requires made by the user
(6) To notify the user of any other important notifications (through push notification, E-mail, online message channel), if necessary
(7) To provide promotional events and advertising information (through push notification, E-mail, online message channel)
(8) To verify the user’s age for the content use
Sharing of Information
The Company will not share personal information to a third party without the user’s content, unless one of the following circumstances applies:
(1) When the users consent to the sharing in advance
(2) If required to be disclosed by the relevant laws and regulations
(3) Affiliates and service providers that support the seamless provision of the Service
User’s Rights to Access and Control
The user may exercise his/her right to access or modify the registered personal information, or request to delete the user account.
When the user requests the errors in personal information to be rectified, the personal information will not be used or provided before the rectification is completed.
The Company manages the deactivated or deleted personal information as set out under the ‘Period of use of personal information’ section below, and such personal information is not viewable or used for any other purposes.
Period of Use of Personal Information
In principle, the Company will discard the user’s personal information without delay after fulfilling the purpose of use.
But, we may retain personal information for the necessary period if it is required by the relevant laws, or is in the period of retention notified in advance, or the personal information is needed for litigation or disputes in compliance with laws as the supporting data or is with the consent of the user.
However, during this period the Company may only use the information for the relevant purpose. If the Company needs to keep the information after this period, the Company will notify the user and obtain the individual consent.
The personal information needed for temporary purposes (e.g., promotional events, surveys) will be notified and provided with the consent of the user. After fulfilling the purpose of collection, the information will be classified as the information needed for the sign up or be discarded from the DB in an irreversible manner using technical methods, according to the intention of the user.
To provide customer service for users with closed accounts, nickname, profile image and service usage records will be moved to a separate DB and retained for 15 days according to the internal policy.
Destruction Procedure and Method of Information
The following is the Company’s procedure and method of personal information destruction.
(2) Destruction method
a. Paper records will be shredded by a shredder.
b. Electronic records will be discarded in an irreversible manner using technical methods.
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