CLAUSE 1 [OBJECTIVE]
This agreement governs the rights, obligations, responsibilities, and other conducts between The Clockworks (“Company”) and its clients and its “BIGTURE” services and related services (“Services”).
CLAUSE 2 [DEFINITIONS]
The words and definitions of terms used in this agreement are as follows:
1. “Service” only pertains to the “BIGTURE” related services, regardless of its platform (including, but not limited to, Personal Computers, mobile devices, and other wired or wireless devices).
2. “Clients” pertains to customers who go through the registration process, and sign an agreement with the company according to this User Agreement to use the services provided by the company.
3. “ID” pertains to a combination of letters and numbers that the Client chooses, and the Company approves, to differentiate between the different Clients and to gain access to the Services provided.
4. “Password” pertains to a combination of letters and numbers that correspond to the Client’s ID verify the Client’s authenticity and to protect the Client’s private information.
5. “Paid Services” pertains to certain Online Digital Contents and other Services provided by the Company that are accessed through monetary transaction.
6. “Post” pertains to Symbols, Words, Video, Audio, etc in forms of files and links that are uploaded by Clients through the usages of Services.
CLAUSE 3 [NOTICE AND REVISIONS]
1. “Company” will post the User Agreement on the help page of “BIGTURE” for easy access from the “Clients.”
2. “Company” can revise the agreement within the boundaries of “location information privacy law,” “Contents industry promotion law,” “Electronic Consumer protection law,” “Consumer protection law,” “User Agreement Law,” “Telecommunications and Data protection law.”
3. When the “Company” revises the User Agreement, the “Company” will post the revisions and the reasons according to [Clause 3, Line 1] 30 days before the effective date. If the revisions, in any way, affect the “Clients” negatively, the “Company” will clearly notify the “Clients” individually using registered email, texts, or notifications.
4. If “Company” notified the “Clients” 30 days before the effective date in adherence to [Clause 3, Line 3], provided ample notification that if a clear display of disagreement was not provided it results in an assumed agreement, and “Client” did not provide a display of disagreement, “Company” views this as an agreement from the “Clients.”
5. If the “Client” objects to the revisions of the User Agreement, the “Company” cannot apply the revised User Agreement to the “Client,” and “Client” can cancel the existing user agreement. However, if there are special circumstances surrounding the objections, then the “Company” can cancel the existing agreement.
CLAUSE 4 [MISC. AGREEMENTS]
If this User Agreement is not able to provide adequate coverage for some details, “Company” will follow the regulations such as related laws, alternate user agreement created by the “Company” for their “Services,” and detailed usage guideline.
CLAUSE 5 [SIGNING THE AGREEMENT]
1. This agreement is completed when a person wishing to be a “Client” (“Applicant”) agrees to the agreement, and the “Company” approves to the application.
2. When an “Applicant” applies to be a “Client,” the “Company” will approve the application for the “Client” to use the “Services.” However, if there are any violations of the following, the “Company” may limit or deny the use of “Services.”
I. If an “Applicant” lost the “Client” rights before according to this agreement;
II. If the “Applicant” poses as another person;
III. If the “Applicant” presents false information or not all the information required by the “Company”;
IV. If the “Applicant” is under the age of 14 and did not get the consent of his/her parent or legal guardian;
V. If the “Applicant” cannot sign the document due to a violation of the given agreements;
VI. Other Situations where the “Company” cannot accept the application due to other reasons.
3. If the “Company” does not have enough funds for the “Services,” or technical or business related problems arise the “Company” can put the approval process on hold.
4. If the “Company” does not approve or put on hold the application, the “Company” must tell the “Applicant.”
CLAUSE 6 [CHANGES TO “CLIENTS” INFORMATION]
1. “Client” can view and change their personal information at any point using their profile page. However, email ID required to access the service cannot be changed.
2. “Client” must inform the “Company” of any changes to their personal information either online, or through email. “Company” is not responsible for any disadvantages caused by the failure to fulfill this.
CLAUSE 7 [PERSONAL INFORMATION SECURITY RIGHTS]
“Company” will do its best to protect the “personal information” of the “Clients” according to the “telecommunications law.” The “Company” will treat the individual “personal information” according to the related laws and the “Company’s Privacy Policy.”
CLAUSE 8 [“CLIENT’S” RESPONSIBILITIES TO THEIR “ID” AND “PASSWORD.”]
1. “Clients” are in charge of managing his/her own “ID” and “Password,” and he/she must not let a third person have access to them.
2. If a “Company” senses a threat to the personal information tied to an “ID” of a “Client,” commits an unethical act, or finds the “ID” to have impersonated or be mistaken for the “Company” or a manager of the “Company,” the “Company” can limit the use of the “ID.”
3. If a “Client” senses that a third person is using the “Client’s” “ID” and “Password,” the “Client” must immediately alert the “Company” and follow the “Company’s” instructions. If the “Client” does not report this situation to “Company,” or do not follow the instructions provided by “Company,” “Company” will not be held responsible for any negative repercussions.
4. The “Service” does not provide or support any open ID, and the “Company” is not responsible for “ID” or “Password” provided by other application services.
CLAUSE 9 [NOTICE TO THE “CLIENTS”]
1. When the “Company” notifies and directly contacts a specific “Client,” unless there is a separate clause saying otherwise, the “Company” will contact via the email address provided, or through the notifications within the “services.”
2. When the “Company” sends a notification to all of the “Clients,” then the “Company” may post the notification on the website of the “Company,” or through the notifications services within the “Services” for more than 7 days, this will be governed by clause 1.
CLAUSE 10 [RESPONSIBILITY OF THE “COMPANY”]
1. The “Company” will not take any actions that violate this agreement or standard ethics. Furthermore, the “Company” will do its best to provide continuous and stable “Services.”
2. “Company” will do its best to provide security to “Client’s” personal information, and to honor the privacy of the personal information by implementing a privacy protection system, drafting a Privacy Policy, and adhering to the Privacy Policy.
3. If a complaint or a suggestion from the “Client” about the “Services” is deemed reasonable, then the “Company” must follow through with it. “Company” will alert “Client” about the suggestion and its results via email or other methods of contact.
CLAUSE 11 [RESPONSIBILITY OF THE “CLIENT”]
1. The “Client” must not do any of the following
I. Falsifying information on the application
II. Using other person’s personal information on the application
III. Distributing the information (Computer Programs, etc.) that’s not deemed safe by the “Company”
IV. Stealing of copyrighted material of the “Company” or the other “Clients.”
V. Discrediting or Disturbing the “Company” or the other “Clients.”
VI. Posting violent or discriminatory remarks in the form of messages, video, audio, and other posts on the “Services.”
VII. Posting commercial materials without the consent of the “Company.”
VIII. Collecting other “Clients’” information without consent.
IX. Reverse engineering, decompiling, disassembling or copying or duplicating the “Services” in any way shape or form.
X. Using the “Services” provided by the “Company” in an unintended way, causing disturbance in the normal usage.
XI. Other illegal and unfair activities.
2. “Client” must adhere to the user agreement, related laws, user guidelines, notifications by the “Company,” and other “Service” related warnings, and must not cause disturbances to the operation of the “Company.”
CLAUSE 12 [OFFERED “SERVICES”]
1. “Services” will be provided regardless of weekend for 24 hours in a day. However if a case arises as described in CLAUSE 13 [CHANGES OR STOPPAGE OF “SERVICES”], “Company” may change when or how a certain “Service” may be provided or discontinue the “Service” altogether.
2. “Company” will be allowed to begin periodic inspection as deemed necessary for the provision of “Service,” and the period of inspection will be displayed on the “Service” provision screen.
CLAUSE 13 [CHANGES OR STOPPAGE OF “SERVICES”]
1. The “Company” may cancel or halt part or all of the “services” if any of the following happens:
I. A sudden decrease in usage to negatively affect the productivity or the profit;
II. A sudden increase in usage to negatively affect the fluid services;
III. If there are operational problems in the computers, or if there are repairs to do in the servers;
IV. If the telecommunications company cuts the wireless service required to run the “Services”;
V. Development of new technology that needs to be implemented;
VI. If the laws related to the “Services” within the company, or within the laws, change;
VII. If the “Services” prove to be in conflict with the User Agreement or be illegal;
VIII. During National Emergencies, rewriting of laws, interference of the court, fall of government, if they begin to interfere with the “Services”;
IX. If the “Client” purposely or accidently interferes with the “Services”;
X. For any other reasons that the “Company” deems irresponsible and unable to continue the services.
2. If there are changes to the offering of “Services” in regards to its content, usage instructions, and offering period, or is cancelled altogether, “Company” must notify the “Clients” the reasons for the changes or cancelations, and the content and estimated availability date of the changed “Service.” However, if the “Company” is not able to provide notification due to valid reasons before the action is taken, “Company” may provide notification after the action has been taken.
3. The “Company” may change or stop the free “Services” provided to the “Clients,” and will not be responsible for compensation for the changes, unless otherwise in conflict with the law.
CLAUSE 14 [PROVIDING INFORMATION AND ADVERTISEMENT]
1. The “Company” will provide any information deemed necessary to use the “services” via email or “website.” However, “Clients” are allowed to refuse the reception of these messages with the exception of transaction information and customer center responses.
2. If the “Company” must send a notification to the phone or other wireless devices directly to a “Client” of the information in [Clause 14, Line 1], then the “Company” must get prior permission to contact them directly.
CLAUSE 15 [THE “CLIENT’S” RIGHTS AND “COMPANY’S” USAGE RIGHTS ON THE “POSTS”]
1. Rightly, the rights for the “Posts” posted on “Service” resides with the “Client” that posted it, and any lawsuits regarding a third person stealing the “Client’s” rightful material must be dealt with by the “Client.” “Client” will give the following rights about the “Posts” to the “Company.”
2. “Company” can post the “Post” of the “Clients” as the results of a search engine, or as a promotional material, and may revise, duplicate, and edit to fit the context better. In this instance, “Company” will adhere by the copyright laws, and “Clients” are encouraged to contact the customer service center or utilize the administrative functions of the “Services” to delete, exclude from search results, or privatize the “Post.”
3. If “Company” obtains the explicit agreement from the “Clients” after providing adequate notification regarding the use of “Posts,” the “Posts” may be used commercially. However, it must be posted in the name of the “Client” who is the owner of the “Post.”
CLAUSE 16 [MANAGEMENT OF “POSTS”]
1. If due to the “telecommunications law,” “copyright law,” “youth protection law” or any other law currently in effect, the “Posts” by the “Clients” are asked to be deleted or taken off, then the “Company” may take a action according to the different relative regulations.
CLAUSE 17 [INDIVIDUAL RIGHTS]
1. All of the “Services” related asset’s rights and ownerships reside with the “Company.” However, “Posts” by the “Clients” and services provided by separate contracts are excluded.
2. “Company” will only grant the usage of the contents through the individual “ID” and account according to the user agreement, and the “Client” must not sell, give, permit usage, or give information to others.
3. The “Clients” may only use the “Services” as it is provided only to gain information, or for personal uses. “Client” must not use, copy, or circulate the “Services.”
CLAUSE 18 [TERMINATION OF USAGE BY “CLIENT”]
1. “Client” can ? at any time ? terminate usage through the menu page of “Services,” and the “Company” must follow through immediately according to the related laws and internal measures. However, in the instance the “Client” terminates their usage, they lose all benefits from the “Services,” and “Company” will not notify separately regarding this topic.
2. If and when a “Client” terminates the agreement, without basic information that must be kept according to the personal information laws and other related laws, the “Company” must terminate all information about the “Client” immediately.
3. If and when a “Client” terminates the agreement, all the “posts” posted by the “Client” will be deleted immediately. However, “Posts” on forums, “Posts” that were scrapped by other “Clients” will remain.
CLAUSE 19 [LIMIT OF USE]
1. If a “Client’s” actions applies to any of the following or is warned by the telecommunications board of directors, or other related organizations, then the “Company” can limit the contents available to the “Client” through forced termination, suspension, or indefinite suspension.
I. Disregarding this clause or disturbing the smooth operations of the services;
II. Immoral behaviors such as posting adult content or linking to other adult materials within the services;
III. Posting of information, sentences, shapes, audios, etc. of immoral or unethical standards;
IV. Dishonoring other “Clients” or defaming them;
V. Stealing copyrighted materials of other “Clients,” pretending to another person while posting illegal or unethical materials;
VI. According to related laws, posting any information regarding confidential information, and its creation, importation, and distribution;
VII. Any actions deemed related to an offense;
VIII. Hacking, distributing of virus, distributing of spyware, or continuously distributing contents deemed commercial;
IX. Impersonating another person or using another “Client’s” account as your own;
X. Collecting, misusing, or saving other user’s personal information;
XI. Stalking or bullying another user;
XII. Repeatedly applying and terminating an account, causing difficulties in continued service or for monetary gain;
XIII. Giving or selling an account to another person;
XIV. Any other disturbances to the “Services” or any activity deemed illegal.
2. If a “Client” does not log in for more than 3 months continuously, then the “Company” may limit the “Client’s” usage to ensure more smooth “Services.”
3. If the “Company” terminates a “Client’s” services, then the “Company” will notify the “Client” according to CLAUSE 9 [NOTICE TO THE “CLIENTS”].
4. “Client” can always dispute the “Company’s” action on suspension or the termination of “Services” according to this agreement. If the “Company” deems the dispute of the “Client” reasonable, then the “Company” must reinstate the “Client” immediately.
CLAUSE 20 [INTERNATIONAL USAGE]
The “Company” does not guarantee the same quality of “Service” in every country. Therefore, the “Client” must decide whether or not to uses the “Service,” and must obey the current location’s laws.
CLAUSE 21 [LIMITS OF RESPONSIBILITY]
1. If the “Company” is unable to provide “Service” due to natural disasters, or other uncontrollable forces, then the “Company” is not responsible.
2, the “Company” is not responsible for any problems in the “Services” caused by other “Clients.”
3. The “Company” is not responsible for the accuracy of the posts on the “Services” by the “Clients.”
4. “Company” will do business between the “Clients” or between “Clients” and other third persons through the “Services,” and will not be responsible for any damages that may come through from these businesses.
5. The “Company” is not responsible for any of the free parts of the “Services” unless otherwise stated.
6. The “Company” is not responsible for the advertised items in the linked websites, or will not monitor or held responsible for the quality and the contents within the “Service.”
7. The “Company,” the “Company’s” temporary worker, or other surrogates will not be held responsible for any of the following.
I. Any damages done by falsified information given by the “Client”;
II. Any personal losses from accessing the “Service,” and from its usage;
III. Any damages caused by a third person’s illegal connection to the servers, or illegal use of the “Service”;
IV. Any illegal interference by a third person to block or sabotage the data from or to the server;
V. Any damages done by virus, spyware, or other malwares that are illegally distributed through the “Services” by a third person;
VI. Damages occurring from any errors, omissions, destructions, or delays from sent data;
VII. Any damages of personal information occurring from “Client” to “Client” information registration and “Service” usage.
CLAUSE 22 [DAMAGE CLAIM]
1. If “Clients” receive damage from using “Services,” in consequence of the “Company’s” purposeful or major fault, “Company” has the responsibility to provide for the damage done to the “Clients.”
2. If “Client” damages the “Company” by acting outside the bound specified in this contract, “Client” has the responsibility to provide for the damage done to the “Company.”
CLAUSE 23 [RESOLVING CONFLICT]
If any conflict arise regarding personal information or location information, then “Company” and “Client” must work together honestly to resolve this conflict, and if a resolution does not arise, or for some reason cannot work together, then a resolution can be requested to personal information dispute committee according to person information protection law Clause 43.
CLAUSE 24 [BASIC LAW AND COURT]
1. Any lawsuits between “Company” and “Client” will be resolved with South Korean Law.
2. Any conflicts between “Company” and “Client” will be submitted to the right court according to public legal action law.
ADDENDUM
This agreement will be effective starting June 1, 2014.
