Article 1 (Purpose)
These terms and conditions apply to the video digital content (referred as ‘contents’) by VideoMonster and application ViiV operated by VideoMonster Inc. (referred as ‘the company’). It is intended to stipulate the use of services, procedures, rights and obligations between the company and members, and other necessary matters.
Article 2 (Effect and Change of Terms and Conditions)
1. Terms and Conditions become effective when announced on the VideoMonster’s Application ViiV and application or notified to members by email.
2. To the extent that it does not violate relevant laws and regulations, the company may revise these terms without prior notice. The revised terms become effective when they are enforced in the same way as in Paragraph 1.
3. If the Terms and Conditions are amended, the date of application and the reason for the amendment shall be specified and announced to VideoMonster 7 days prior to the date of application. However, if any changes made to the terms are to be unfavorable to members, notice shall be made with a grace period of at least 30 days. In this case, the company compares the contents of the terms before and after the revision and displays them in a way easily understandable by the members.
4. By agreeing to these terms, members agree to regularly visit VideoMonster to check for any changes to these terms. The company is not responsible for any damages caused by the member’s failure to know the information about the changed terms.
5. If a member does not agree to the revised terms, the member may withdraw from the membership, and if the service continues to be used after the effective date of the terms, the member shall be deemed to have agreed to the aforementioned changes.
6. Matters not specified in these Terms and Conditions agreement and interpretation of these terms shall be in accordance with the Act on the Consumer Protection in Electronic Commerce, etc., and the guidelines for consumer protection in electronic commerce set by the Fair Trade Commission, as well as related laws and commercial practices.
Article 3 (Definition of Terms)
The definitions of terms used in this Terms and Conditions are as follows.
1. The terms ‘member’, ‘service user’, and ‘user’ refer to a person who has entered into a service contract with the company through the Service Contract and has been granted a user ID to receive the service.
2. The term ‘Service Contract’ refers to a contract concluded with the company in order to receive the service and is commonly known as ‘membership registration’.
3. The term ‘Termination’ refers to the termination of the Service Contract by the company or a member, and is commonly known as ‘membership withdrawal’.
4. The term ‘Service’ refers to tools that create content provided by the company through VideoMonster.
5. The term ‘Rendering’ refers to a process by which a user creates a ‘video’ through the ‘editor’ or the result thereof.
Article 4 (Establishment of Service Contract)
1. Service contract is established by the company approving the application for service use submitted by members to VideoMonster at the point of membership registration.
2. By clicking the accept/agree button at the time of application, member’s consent to this Terms and Conditions is deemed to have been given.
3. The company can request real-name verification and identity authentication when necessary. The procedure and method are in accordance with relevant laws and regulations.
Article 5 (Application for Service Use)
1. Customers who wish to use this service by joining as a member shall provide the information requested by the company. However, the information provided by the member is managed in accordance with the company’s Privacy Policy.
2. All members must provide their own information to use the service. In case of registering with the stolen information from a third party or false information, the member cannot claim any rights related to the service use and may be subject to punishment according to the relevant statutes.
3. The ID of a member who applied for service use with the information stolen from others may be deleted.
4. Membership can only be registered through persons’ true information, and the company can take action to confirm the information registered by the member. Members shall actively cooperate with the company’s verification measures. If the member fails to comply, the company may treat the information registered by the member as fraudulent.
5. The company can differentiate the functions and the scopes of the service offered to members according to the membership types classified by the company policy. Membership types are primarily divided into free members and paying members. Then, paying members are further classified into several groups according to the target of the use.
Article 6 (Technical Requirements for Service Use)
1. In providing the service, the company clarifies that the service works properly only when the following <Recommended specifications for service use> are satisfied. And the company shall not be liable for any objection to the service use for the reasons that the member fails to meet the specifications.
<Recommended specifications for service use>
– Operating system (OS): Mobile (Androids, IOS)
Article 7 (Protection and Use of Personal Information)
1) Regarding the protection and use of personal information, the relevant statutes and the company’s Privacy Policy are applied. The company shall endeavor to protect the personal information of members in a way as prescribed by the relevant statutes.
However, the member shall be careful not to expose the password and other personally identifiable information to others. The company is not responsible for the information exposed due to reasons attributable to the member.
2) The company may provide the member’s personal information to a third party within the range permitted by law in the following cases:
– In case the information is requested by an investigative agency or other government agency
– In case it’s necessary for information protection measures such as confirmation of fraud and other improper activities committed by members, including violation laws or terms and conditions.
– When required by other laws and regulations
Article 8 (Restrictions on Service Use)
1) The company may restrict the member’s use of the service or withdraw the approval for service use when the member:
– signed up for the service with stolen email address from others
– uses the service for illegal purposes
– uses the service for the purposes that violate the laws and regulations or hinder the well-being, good customs and order of society.
– uses the service for the purposes that violate Youth Protection Act
– uses the service for the purposes that violate other current laws and regulations
– is part of the company’s competitor and uses the service for the purpose of hindering the company’s interest
– applied for service use in violation of other stipulated matters
2) The company may restrict member’s service use until the matters in any of the following cases are resolved.
– When the company does not have enough facilities
– If there is a technical problem in the company
– If the service use is difficult due to reasons attributable to the company.
However, for paid members, the provisions of Article 13 (Cancellation of Payment and Refund) shall apply.
Article 9 (Assignment and Change of User IDs, etc.)
1) The company assigns user IDs to members according to the Terms and Conditions.
2) In principle, user ID cannot be changed, and if it is intended to be changed due to unavoidable reasons, that user ID must be revoked and the member shall re-register.
3) User ID may be changed or suspended to the request of the member or the company’s discretion and authority if:
– the User ID contains personally identifiable information raising considerable concerns about privacy infringement
– the User ID causes disgust to others or harms public morals
– the User ID is the same as the name of the company, the company’s service or service operator, etc. or poses a risk of misidentification due to similarities
– There are other reasonable reasons
4) The member is responsible for managing the user ID and password. Also, the member is responsible for any damages for the service use or fraudulent use by a third party caused by neglect of management, and the company shall not be liable for any such damage.
5) Other matters related to the management and change of the personal information of the members follow the Privacy Policy within the service.
Article 10 (Company’s Obligation)
1) The company provides the service to members on the desired commencement date of service delivery, unless there are any special circumstances.
2) In order to provide continuous and stable service, the company must repair or restore any service or facility failures without delay unless there is an unavoidable reason.
3) The company must disclose and comply with the Privacy Policy to protect personal information.
4) The company shall reflect and improve through appropriate procedures if the company determines that opinions or complaints raised by users are legitimate. However, if the company cannot proceed with these measures immediately, it must notify the user of the reason and the processing schedule.
Article 11 (Member’s Obligation)
1) Members must fill out all matters based on facts when applying for membership or changing member information. If it is found that false or other people’s information has been used, any rights related to the service use shall not be claimed.
2) Members must comply with the matters stipulated in this Terms and Conditions, other regulations set by the company, matters announced by the company, and related laws and regulations. In addition, members should not engage in any behavior that interferes with the company’s business, damages the company’s reputation, or causes harm to others.
3) Members must comply with related laws such as the Youth Protection Act. If a member violates related laws such as the Youth Protection Act, the member will be punished according to the relevant laws.
4) Members must manage their IDs and passwords themselves. Liability lies on the member for any problems caused by the member’s negligence.
5) Members cannot engage in any business activities using the service without prior consent from the company, and they are to be liable for the results of such activities. In addition, if a member causes damages to the company through such business activities, the member shall be obliged to compensate the company for damages, and the company may restrict the member’s service use and request compensation for damages, etc. through lawful procedures.
6) Without the company’s explicit consent, members shall not transfer or give the right to use the service or other contractual status in the Service Contract to another person, and shall not provide it as collateral.
7) Members must not infringe on the intellectual property rights of the company and third parties.
8) Members shall not engage in any of the following actions. In the event of such actions, the company may impose sanctions, including restrictions on the members’ use of the service and legal actions.
1. Registering false information when applying for membership or changing member information
2. Stealing and another user’s email ID, password, etc.
3. Impersonating the company’s management team, employees or related persons
4. Hacking the company’s server without receiving special rights from the company, arbitrarily changing part or all of the posted information, or using the company’s services in an inappropriate way
5. Exploiting bugs in the company’s program
6. Obtaining the rights of paying members in an inappropriate way
7. Engaging in activities that harm the service or intentionally interfere with the service
8. Conducting business activities using the service without prior approval from the company
9. Transmitting, posting, and disseminating content to others that infringes on the third party’s patents, trademarks, trade secrets, copyrights, and other intellectual property rights through VideoMonster
10. Transmitting, posting, and disseminating information, sentences, figures, sounds, and videos of vulgar or obscene content in violation of the Youth Protection Act or the Criminal Act to others through VideoMonster
11. Transmitting, posting, and disseminating content to others that is extremely offensive or contains personal information that may infringe on the honor or privacy of others through VideoMonster
12. Harassing or threatening other members, or continuously causing harm or discomfort to specific members
13. Collecting or storing personal information of other members without approval from the company
14. Acts that are objectively judged to be associated with crime.
15. Violation of notices and regulations notified by the company through VideoMonster, including these Terms and Conditions
16. Acts that violate other related laws
Article 12 (Service Hours)
1) In principle, the service shall be operated 24 hours a day, 365 days a year unless the company has any business or technical difficulties. However, the company may suspend the service on the date or time determined by the company for regular inspection, expansion, and replacement of the system, and the temporary suspension of the service due to the scheduled work shall be notified in advance through VideoMonster.
2) The company may temporarily suspend the service without notice due to unavoidable reasons such as urgent system inspection, expansion, and replacement, and may completely suspend the service provided by the company for reasons deemed appropriate.
3) The company may restrict or suspend all or part of the service if normal service provision is impossible due to a state of emergency, power outage, service facility failure, or congestion in the server due to explosive level of service use. In such cases, however, the reasons and period shall be announced to the members in advance or afterwards.
Article 13 (Management of Membership Registration Number)
1) Members are solely responsible for the management of the user ID and password.
2) The company uses the e-mail filled in by the user at the time of registration as the User ID, and since it is the only identifier of the user and used in carrying out various user management tasks, the member cannot change the user ID. Members who wish to change their user IDs shall re-register with a different ID after cancellation.
3) Members are solely responsible for any negligence in use caused by the user ID and password registered by the member or for improper use by a third party.
Article 14 (Restriction on Service Use)
1) The company may restrict the use of the service without prior notice if a member violates the contents of Article 11 of this Agreement or any of the following cases are met:
① In case of using vulgar IDs and nicknames that harm the social morals
② In case of stealing and using another member’s ID and password,
③ In case of registering as a member with a stolen personal information
④ In case of causing a serious insult to other users or interfering with their service use;
⑤ In case of harming or intentionally interfering with the service;
⑥ In case of interfering with the service, causing damage to normal service operation;
⑦ In case of posting or transmitting information prohibited by relevant statutes, such as Youth Protection Act;
⑧ When there is a request for correction by the relevant public institution, such as the Korea Communications Commission,
⑨ In case of violating all regulations or conditions prescribed by the company, including these terms and conditions;
⑩ In case of acting in ways that violate relevant laws and regulations;
2) Restrictions on service use are classified as temporary suspension, permanent suspension, and termination of service contract, etc.
3) The company shall explain the reasons for service use restriction to the member who has been restricted from using the service through email and provides the member a chance to object within 7 days of sending the email. When there is a reasonable reason for the objection, the company may lift the restriction.
① If a paying member proves that he/she had no intention or negligence through an opportunity to object within the period set by the company, the company shall extend the period of service use for the period the user experienced the restriction.
Article 15 (Change and Termination of Contract)
1) When a member intends to terminate the contract, he/she must cancel the subscription using the menu in the service. If the menu is not available on the web, the contract can be terminated through the customer center.
① Contact information and e-mail of the customer center are specified on VideoMonster.
Article 16 (Resolution of Disputes)
1) The company shall convene and operate a damage compensation meeting if necessary, to reflect legitimate opinions or complaints raised by the members and to compensate for the damages.
2) The company handles complaints and opinions submitted by the members as a priority. However, when prompt process is difficult, the member will be notified of the reason and the processing schedule.
3) In the event of a member’s application for damage relief in connection with an e-commerce dispute between the company and its members, the dispute may be mediated by the Fair Trade Commission or the dispute settlement agency requested on behalf of the City • Provincial Governor.
Article 17 (Indemnification)
1) The company shall be exempted from responsibility for providing services in the event of service suspension due to natural disasters, wars, or another force majeure equivalent thereto.
2) The company shall be exempted from responsibility in the event of damages caused by the period of communication service provider’s suspension or failure to provide telecommunication services normally.
3) The company shall be exempted from responsibility for damages caused by unavoidable reasons such as repair, replacement, regular inspection, construction, etc. of service facilities.
4) The company shall not be responsible for any disability or damage to the service use due to reasons attributable to the member.
5) The company shall not be responsible for damages caused by the member’s device or for damages caused by the member’s mistakes in filling out personal information and e-mail address.
6) The company shall not be responsible for damages caused by data obtained by the member while using the service. In addition, the company shall not be responsible for compensation for mental and material damage caused by other members while using the service.
7) The company shall not be responsible for guaranteeing the reliability, accuracy, etc. of the facts and the meaning of various contents, posts, and registered data such as templates registered within VideoMonster.
8) Members are solely responsible for any infringement of the copyright of other persons, such as templates, postings, or registered materials, etc. registered by the member on VideoMonster, and the company shall not be liable.
9) The company shall not be obliged to intervene in any disputes arising from the interaction of between members and third parties with VideoMonster as a medium, nor shall it be liable to compensate for any damages resulting from such disputes.
10) The website and applications of the VideoMonster may have hardware and software errors. The company shall do its best to prevent errors, but the company shall not be responsible for damages caused by the loss of workpieces caused by such errors.
11) The company shall not be responsible for any damage caused by the loss of data, material/mental damage, or business interruption caused by the unavailability of VideoMonster due to a service failure or communication failure.
12) VideoMonster may change content, software, posts, etc. without prior notice.
Article 18 (Jurisdiction and Governing Law)
1) If any matters not specified in the terms and conditions are stipulated in the relevant statutes, the company shall apply the relevant statutes.
2) Members who use paid services of the company shall comply with the terms and conditions and other policies separately determined by the company.
3) If a lawsuit is filed for a dispute arising from the use of a service, the court with the jurisdiction over the region of company’s location shall be the competent court.
4) The Korean law applies to e-commerce lawsuits filed between the company and its users.