Standard Terms and Conditions of Use of SandollCloud Members
Article 1 (Purpose)
The purpose of these standard terms and conditions is to set forth the basic matters such as the rights, obligations, and responsibilities between the Members and the Company and the terms and conditions and procedures of use of Service, etc. in the use of internet service (the “Service”) provided by Sandoll Inc. (the “Company”).
Article 2 (Effectiveness and Amendment of Standard Terms and Conditions)
① The details of standard terms and conditions become effective by displaying them in the Service screen or publicly announcing them to the Members by other methods and the Members that agree to them subscribing to the Service. Prior to the Members’ agreement, the Company shall obtain the Members’ confirmations by providing a separate connecting screen or pop-up screen, etc. so that the Members can easily understand the details of standard terms and conditions and transact without any mistake.
② Where it is found to be necessary, the Company may amend the standard terms and conditions to the extent that it does not violate the relevant laws such as the “Act on the Regulation of Terms and Conditions”, “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (the Information Communications Network Act)”, “Content Industry Promotion Act”, and “Act on the Consumer Protection in Electronic Commerce, etc.”, etc. Where the Company amends the standard terms and conditions, it shall specify the date of application and the grounds of amendment and publicly announce them in the Service website from 15 days prior to the date of application. In case of an amendment of the standard terms and conditions that is unfavorable to the Members, the details of amendment shall be indicated in a way that is easy for the Members to know and it shall publicly announce them from 30 days prior to the date of application and they shall be individually notified to the Members by email or text message, etc. Where such individual notice is difficult due to omission or change, etc. of Members’ contact details or where a notice was sent to the contact details registered by the member and it is returned twice or more, making a public announcement pursuant to the standard terms and conditions shall be deemed as the completion of individual notification.
③ Where the Company, while publicly announcing or notifying the amended standard terms and conditions under Article 2(3), publicly announced or notified that the Members’ failure to express their objection by the date of application of amendment of standard terms and conditions would be deemed as their agreement to the amendment of standard terms and conditions and the Members nevertheless do not clearly express their objection to the amendment of standard terms and conditions, the Company shall deem that the Members agreed to the amended standard terms and conditions.
④ The Members that expressed their objection to the amended standard terms and conditions may choose to terminate the contract or withdraw from the membership. The effectiveness of termination of individual product shall be governed by the details of relevant provisions in the Standard Terms and Conditions of Use of Service.
⑤ The Company shall undertake necessary technical measures so that the Members can print and confirm the whole part of these standard terms and conditions.
⑥ The standard terms and conditions shall be in principle applicable from the date of Members’ agreement to the standard terms and conditions to the Members’ withdrawal; provided, however, certain provisions of these standard terms and conditions may be applicable validly even after the withdrawal of membership.
Article 3 (Rules other than Standard Terms and Conditions)
Any matters not specified in these standard terms and conditions shall follow the provisions of the relevant laws such as the Content Industry Promotion Act, Act on the Consumer Protection in Electronic Commerce, etc., and Copyright Act, etc. and general commercial practice.
Article 4 (Definition of Terms)
The definition of terms used in these standard terms and conditions is as follows.
① Website (the “Website”): It refers to a virtual business place established by using information and communications facilities such as computers, etc. or a website operated by the Company to provide the Service to the Members, and it shall be defined as the following website that can receive the Service by using a single membership account (ID e-mail and Password).
② Service: It shall be defined as the fonts and SandollCloud-related various services provided by the Company for the Members’ use regardless of device for which such service is realized (including various wired and wireless instruments such as PC and mobile phone, etc.).
3-1. Individual Member: It refers to all general customers that access the Website operated by the Company in order to use the Service, enter into a usage contract with the Company in accordance with the standard terms and conditions, and use the Services offered by the Company.
3-2. Corporate Member: It refers to all group customers that received the business registration numbers and the unique numbers from the managing authorities including one-person or larger company, individual business, entity, foundation, group, association, school, public offices, and profit and non-profit organizations, etc. that access the Website operated by the Company in order to use the Service, enter into a usage contract with the Company in accordance with the standard terms and conditions, and use the Services offered by the Company.
④ ID: It refers to the email address selected by the Members for the purposes of identification of Member and use of Service.
⑤ Password: It refers to a combination of letters and numbers established by the Member itself for the protection of Member’s information.
⑥ Administrator: It refers to a person appointed by the Company for overall management and smooth operation of the Service.
⑦ Suspension of Service: It refers to a suspension of provision of Service during ordinary usage for a certain period in accordance with certain conditions determined by the Company.
⑧ Post: It refers to writing, photo, video and various files and links in the form of information such as mark, letter, voice, image, and video, etc. posted by the Members on the Service in the course of use of Service.
⑨ Digital Contents (the “Contents”): It refers to storing human knowledge in the form of digital file such as font, image and program, etc.
⑩ Copyright: It refers to personal or property rights for the author to exclusively use his/her work or grant such use to other persons.
⑪ Right of Use: It refers to the right to use a work under the permitted conditions after obtaining a permission to use the work from the copyright holder.
⑫ ‘The Standard Terms and Conditions of Use of Members’ refers to setting forth the basic matters such as the rights, obligations, and responsibilities between the Members and the Company and the terms and conditions and procedures of use of Service, etc. in the use of Service offered by the Company.
⑬ ‘The Standard Terms and Conditions of Use of Service’ refers to setting forth various legal relationships between the Company and the Members and other related matters in free or paid uses of SandollCloud and CloudBridge and other various related services, which are paid and free services offered by the Company.
2. Service Usage Contract
Article 5 (Formation of Usage Contract)
② In relation to the application under Article 5(1), the Company may request for the confirmation of real name and identity check through an expert institution depending on the type of membership.
2-1. Individual Member: At the time of membership subscription, the Members need to provide necessary names, dates of birth, and contact details, etc. For the use of Service, minimal personal information needs to be provided. In case of registration of false personal information, the Members concerned cannot claim any rights.
2-2. Corporate Member: At the time of membership subscription, the Members need to provide names, dates of birth, and contact details, etc. that are necessary for identity check, and for the use of Service the company names and business registration numbers may need to be provided and a certificate that can confirm the business information (business registration certificate) may be additionally requested. In case of falsely registering the company names and business registration numbers or in case of registering temporarily closed or closed business registration numbers, the Members concerned cannot claim any rights.
③ The moment of formation of usage contract shall be the moment when the Company indicates the Member’s completion of subscription in the application procedure.
Article 6 (Restriction of Approval of Application for Use)
① In relation to the Members that applied for use pursuant to Article 5, the Company shall in principle approve the use of Service in accordance with the order of receipt if there is no work performance or technical barrier.
1-1. Where a ground falling under any of the followings occurs, the Company may restrict the approval of application for use or subscription such as deferring its approval, etc., or depending on the severity of matter it may claim for compensatory damages.
1-1-1. Where the provision of Service is impossible due to the Company’s work or technical circumstances
1-1-2. Where approval is impossible due to a ground attributable to the users such as applying with omission or false provision of the user registration matters or attaching a false document, etc.
1-1-3. In case of hampering the society’s peace and order or fine custom or applying for such purpose
1-1-4. Where a child under 14 years old fails to obtain his/her legal representative’s (parent, etc.) consent
1-1-5. Where the applicant concerned had previously lost the membership qualification pursuant to Article 25 (Contract Termination and Restriction of Use); provided, however, an exception shall be provided for a person for which more than 1 year has passed since the loss of said membership and who received the Company’s approval of membership re-subscription
1-1-6. Where the Member, after the use of Service, fails to pay the Service fees requested by the Company without a justifiable ground due to a ground such as discretionary cancellation, suspension of payment, and payment insolvency, etc. of payment means registered with the Company
1-1-7. Where it is a person residing or staying in a country in which the Service business right and the copyright are not recognized and guaranteed or in case of accessing the Website from the said country
1-1-8. Where a person has a history of loss (withdrawal) of membership qualification due to a ground of obstruction, etc. of the Company’s Service such as where it was clear that the Service was used for a purpose other than the ordinary usages by engaging in a criminal conduct or repeating subscriptions and terminations of paid memberships for a certain period, etc.
1-1-9. Where the conditions of application for use as designated by the Company are otherwise not met
1-2. Where a ground under Article 6.1-1 is discovered after the approval of application for use, the Company may terminate or suspend the Service Usage Contract executed pursuant to these standard terms and conditions.
Article 7 (Special Rules for Membership Subscription of Minor)
① The users under 14 years old shall apply for membership subscription and provide his/her personal information after sufficiently understanding the purposes of collection and use of personal information and obtaining his/her legal representative’s consent such as parent, etc.
② The Company shall cancel or prohibit subscriptions of the users under 14 years old who did not undergo the confirmation procedure of consent of legal representatives such as parent, etc.
③ The legal representatives of the users under 14 years old such as parent may request for perusal, revision, and renewal of personal information of the child or withdraw their consents for membership subscription. In such case, the Company shall undertake necessary measures without delay.
Article 8 (Change of Contract Details)
Where a matter recorded at the time of application for use is changed, the Members shall change it in accordance with the designated template and methods by a separate method of use as determined by the Company.
3. Use of Service
Article 9 (Commencement of Use of Service)
① The Company shall commence the Service form the moment of approval of the Members’ application for use; provided, however, in case of certain Services, the Services shall be commenced from the designated date. In case of paid Services, its use is possible after the completion of payment by a means designated by the Company.
② Where the commencement of Service is not possible due to an impediment in the Company’s work or technology, the Company shall publicly announce it in the Website or notify it to the Members.
Article 10 (Service Hours of Use)
The Company shall provide the Service throughout the year and 24 hours a day unless there is a special ground; provided, however, depending on the type or nature of Service, it may designate separate hours of use for a part of Services offered. In such case, the Company shall publicly announce or notify the hours of use to the Members in advance. Where there is an urgent or unavoidable circumstance in which such advance public announcement is not possible, the Company shall make a public announcement afterwards.
Where there occurs a system work time for the processing and renewal of Service, repair work time for resolution of errors, system replacement time, and network errors, etc., the Company may temporarily suspend the Service and it shall notify the Service suspension hours and details through public announcements.
Article 11 (Revision and Suspension of Service)
① The Company may change or revise a whole or part of paid Services without advance notice in accordance with the needs of operation or technology where there is an appropriate ground. In relation to the foregoing, unless there is a special provision in the relevant laws, it shall not provide a separate compensation to the Members.
② In each of the following cases, the Company may temporarily restrict or suspend a whole or part of Service.
2-1. Inevitable cases due to construction such as repair of Service facilities, etc.
2-2. Where there is a hindrance to the ordinary use of Service due to power cut, error in various facilities or congestion of usage volumes, etc.
2-3. Where the Service cannot be maintained due to the Company’s various circumstances such as the end of contract with the Service provider, etc.
2-4. Where there is a ground of force majeure outside the Company’s control such as suspension, etc. of Service due to other natural disaster, national emergency, and administrative actions such as administrative and judicial measures, etc. of national agencies such as the Korea Communications Commission and the Korea Information Security Agency, etc., government organizations, investigation agencies, and court, etc.
2-5. In case of neglecting or violating the Members’ duty under Article 17(7)
③ The Company may revise, suspend, and change a whole or part of free Services based on the Company’s policy and operational needs, and it shall not provide a separate compensation to the Members in relation to the foregoing.
Article 12 (Service Fee and Payment Method)
① When offering paid Services, the Company shall publicly announce the fees in the Website.
② The Company may revise the paid Services fees without any advance notice depending on the type and period of Service; provided, however, the amount applied or contracted prior to the revision shall not be retroactively affected.
③ Where the Service is cancelled due to the Member’s circumstances after the Member’s application for paid Service, the Company may, in accordance with the Contents User Protection Guidelines published by the Korean government, impose the refund fee to the extent presented in the Guidelines.
④ The Company may receive the fees by an available method amongst the followings for the paid contents or Services provided by the Company.
4-1. Various account transfers such as phone banking, online banking, and e-mail banking, etc.
4-2. Various card payments such as prepaid card, debit card, and credit card, etc.
4-3. Online deposit without bankbook
4-4. Payment by e-currency
4-5. Payment of fee at the time of receipt
4-6. Payment by gift card, which is in contract with the Company or recognized by the Company
4-7. Payment of fee by other electronic payment method, etc.
Article 13 (Provision of Information and Publication of Advertisement)
① The Company, in the operation of Service, may publish various information and advertisements, etc. in the Service screen or provide them to the Members by email, mail, and text message (MMS), etc.
② In relation to Article 13.1, the Members may refuse to receive the emails, etc. at any time except transaction-related information under the relevant laws and replies to customer inquiries, etc., and the Company shall specify the method of refusal to receive; provided, however, in case of transmitting advertisements, etc., except transaction-related information under the relevant laws and replies to customer inquiries, etc. for which the consent obligation is exempted under the relevant laws, to the Members by phone and fax, etc., the Company shall obtain the Members’ prior consents to receive.
③ The Members engaging in communication or trade by using the advertisements published in the Service or participating in the advertiser’s promotional activities through the Service is solely a matter between the Members and the advertisers. Even if there arises an issue between the Members and the advertisers, the Members and the advertisers shall resolve such issue by themselves and the Company shall not be liable at all in relation thereto.
Article 14 (Copyright of Posts)
① The copyrights related to the contents and Service are not transferred to the Members and they are in the Company’s ownership. The customers that purchased the contents only have the right of use in relation to the use of contents and Service. In case of intending to use the contents purchased with payment by a method other than those designated by the Company, they shall discuss with the Company in advance and obtain the Company’s approval.
② The Members shall not use or allow a third party’s use of the materials posted on the Service for profitable purposes such as processing, selling, reselling, copying, sending, publishing, displaying, and distributing, etc. the information acquired in the course of use of Service without a prior approval. The infringement of copyrights of posts shall be subjected to the application of relevant laws.
③ The copyrights of posts posted by the Members in the Service are owned by the Members and the Company has the right to post them in the Service.
④ Even if the posts posted by the Members in the Service infringe on other persons’ copyright and program copyright, etc., the Company shall not bear any civil or criminal liabilities thereof. If the Company receives an objection such as a claim for compensatory damages, etc. from other persons for a reason of the Members’ infringement of other persons’ copyright and program copyright, etc., the Members concerned shall exercise their efforts for the Company’s exemption. Where the Company is not exempted, the Members concerned shall bear all losses incurred to the Company as a result thereof.
⑤ Where the Members terminated the usage contracts (withdrawal from the Service) or the usage contract is terminated for a lawful ground, the Company may delete the posts posted by the Members concerned. Where the Members’ posts include matters that violate the relevant laws such as the Information Communication Network Act and the Copyright Act, etc., the relevant right-holder may request the Company for suspension of posting and deletion, etc. of the relevant posts in accordance with the procedure set forth in the relevant laws and the Company shall undertake measures pursuant to the relevant laws.
⑥ Even when there is no request from the right-holder under Article 14(5), where it is found that it infringes on other person’s rights such as privacy or reputation, the Company may temporarily block any access to or delete the relevant post in accordance with the relevant laws.
⑦ The copyrights and other rights for works and other contents produced by the Company shall belong to the Company.
Article 15 (Standard Terms and Conditions of Use of Service)
The Standard Terms and Conditions of Use of Service may exist separately for the use of Service. A separate standard terms and conditions may be devised for an additional service product; in case of any conflict between the details of Standard Terms and Conditions of Use and the Standard Terms and Conditions of Use of Service, the Standard Terms and Conditions of Use of Service shall prevail.
4. Duty of Contract Parties
Article 16 (Company’s Duty)
① The Company shall not commit a conduct that is prohibited under the relevant laws and the standard terms and conditions or contrary to the good customs. The Company shall exercise its best efforts for the stable maintenance of Service.
② Where the Member’s complaint related to the Service is received, the Company shall handle it immediately. Where such handling is difficult, the Company shall notify the Member of the corresponding reasoning in the Service screen, public announcement, or email, etc.
③ Where the Service is suspended due to occurrences of unforeseen events such as natural disaster, etc. and system errors, the Company shall not be liable for the losses thereof. However, it has a duty to exercise its best efforts for the recovery of materials or ordinary operation of Service.
④ The Company shall not reveal or distribute the Members’ personal information to third parties without the Members’ approvals in relation to the provision of Service; provided, however, exceptions are provided for cases under law such as receiving a request from the related agencies for the purpose of investigation under the relevant laws or the Korea Communications Standards Commission, etc.
⑤ Where the Company provides the Members’ materials to a third party or allows such third party’s perusal for a purpose other than the purpose of Service, the Company must obtain the Members’ consents.
⑥ The Company shall store the payment information related to fee payments for a year or longer.
⑦ The Company shall comply with laws related to the operation and maintenance of Service.
Article 17 (Members’ Duty)
① This Service is implemented based in Korea. Any matters that occurred due to the use in other regions outside of Korea shall be borne by the Members and the Company shall not be liable thereof.
② The Members shall comply with the relevant laws of each country, provisions of the standard terms and conditions, guidelines of usage, precautions publicly announced in relation to the Service, and the Company’s public announcements, etc. The Company shall not be liable for any matters occurred due to the Members’ non-compliance thereof.
③ Where the Members register personal information for the use of Service, they shall provide complete information that are consistent with the current facts.
④ Where there is a change to the Members’ registered information, the Members shall immediately renew the changed information. Where the registered information provided by the Members and the renewed registered information are not precise, the use of Service may be restricted or suspended.
⑤ The paid Services applied by the Members create the receivables and debt relationship with the Company at the time of application. The Members shall pay the fees thereof by the designated due dates.
⑥ Where the Members use a credit card as a means of payment, the Members themselves shall manage the prevention of information leakage such as password, etc.
⑦ The Members shall not process, copy, duplicate, modify, translate, publish, display, broadcast, or use by other method or provide or distribute to other persons the information obtained in the course of use of Service without the Company’s prior consent.
⑧ The Members shall not commit any of the following conducts. Where the Members committed any of the following conducts, the Company may terminate the contracts or suspend the Service without prior consents.
8-1. Recording false facts at the time of application for or change of use of Service
8-2. Failure to faithfully perform the Members’ duty
8-3. Failure to pay the designated paid service usage fee
8-4. Unfair abuse of the Company’s Service such as re-termination after the membership subscription and purchase of Service, etc. within 1 month
8-5. Improper use of other Member’s ID and password
8-6. Copying or distributing or commercially modifying the Company’s Service without its prior approval
8-7. Collection, storage, and disclosure of other Member’s personal information
8-8. Damaging or conferring disadvantage on a third party’s reputation
8-9. Infringement of a third party’s rights such as copyright, Right of Use, and intellectual property rights, etc.
8-10. Conduct with the purpose of criminal conduct or related with criminal conducts
8-11. Hacking or registration or distribution of virus-infected material or posting or connecting to obsecne materials
8-12. Continuous transmission of certain details such as advertising information, etc. in contrary to a third party’s opinion
8-13. Conduct that hinders or is found to have a concern of hindering the Service’s stable operation
8-14. Conduct that otherwise harms good customs and other social order or violates the relevant laws
8-15. Posting a writing or transmitting an email by stealing other person’s name after pretending or impersonating the Company’s employee or administrator.
Article 18 (Duty and Responsibility of Management of Member ID and Password)
① As the Company can impose fees in case of application for Service from the website, the Members shall strictly manage their membership IDs (ID e-mail) and passwords.
② The liability for all outcomes arising from the Member’s poor management of ID (ID e-mail) and passwords shall be borne by the Member himself/herself. The liability for issues arising from a ground attributable to the Company’s responsibility such as system error, etc. shall be borne by the Company.
③ The Members shall not allow a third party to use their IDs (ID e-mail) and passwords. Where the Members’ IDs and passwords are stolen or they become aware that a third party is using their IDs and passwords, they shall immediately notify the Company, and if there is the Company’s guidance, they shall follow such guidance.
④ In case of Article 18(3), the Company shall not be liable for disadvantages incurred due to the relevant Member’s failure to notify the fact of stolen ID, etc. or failure to follow the Company’s guidance after notification.
Article 19 (Notification to Members)
① In case of notifying the Members, the Company may send a notification to the email address issued by the Company, email address registered by the Members or by text message (MMS), etc.
② Where individual notifications are difficult due to omission or change, etc. of Members’ contact details or where a notification was sent to the contact details registered by the Members and it is returned twice or more, the Company may substitute the individual notifications by posting it on the Service bulletin board, etc. for 7 days or longer.
Article 20 (Protection of Personal Information of Users)
Article 21 (Collection, Provision and Consignment of Handling of Personal Information)
5. Contract Termination and Restriction of Use
Article 22 (Contract Termination and Restriction of Use)
① The Members may at any time apply for termination of usage contract through the membership information menu, etc. in the website and the Company shall immediately process it pursuant to the relevant laws, etc.
② In case of the Members’ termination of the contracts, where there is a need of preservation under the provisions of relevant laws such as the Commercial Act and the Act on the Consumer Protection in Electronic Commerce, etc., it shall store the Members information for a certain period determined under the relevant laws. Except the above cases, all of Members’ personal information and data are deleted immediately upon termination; provided, however, the Company may possess the minimum information for the purpose of management of license and copyright.
③ For the Members that do not have a history of use of Service for 12 months since the membership subscription, the Company may notify the intent to continue to use the Service, and where there is no reply within the period designated by the Company it may terminate the usage contract concerned.
④ The Company may restrict the Members’ use of Service or terminate the contract based on Article 17(7).
⑤ After the termination of contract, there may be a restriction if the Members want to re-subscribe with the same ID (ID e-mail).
⑥ The Members may raise an objection in accordance with the procedure set forth by the Company in relation to Article 22(3). Where the Company finds that the objection is proper, the Company shall immediately resume the use of Service.
Article 23 (Prohibition of Transfer)
The Members shall not transfer or gift their right of use of Service and other status in the usage contracts to other persons and all rights including the copyright relating to the Service belong to the Company.
Article 24 (Exchange and Refund)
① The Members may cancel or receive a refund in accordance with the Standard Terms and Conditions of Use of Service per product. In case of canceling the use of Service within 14 days during the status of non-use from the completion of payment, it may be refunded under the condition that the Member concerned shall bear the commission fee paid at the time of payment; provided, however, the said refund may be impossible depending on the Standard Terms and Conditions of Use of Service per product.
② Exchange or refund due to the Member’s negligence and mistake, etc. is impossible. (Example: deletion or loss of data due to computer error, etc.)
6. Compensatory Damages, etc.
Article 25 (Compensatory Damages)
① Where the Company received a claim for compensatory damages or lawsuit and other various objections from a third party due to an illegal conduct or a violation of these standard terms and conditions committed by the Member in the course of use of Service, the Member concerned shall exempt the Company at his/her responsibility and costs. Where the Company is failed to be exempted, the Member concerned shall indemnify all losses incurred by the Company as a result thereof.
② The Company may claim for civil and criminal liabilities in accordance with the relevant laws for the customer’s conduct that violates the copyright and the Right of Use such as the customer’s illegal copy, sale, lease, sharing, and change of usage, etc. of the contents and Service. The person in violation shall bear all various costs incurred in handling the issues related with the resulting damages.
Article 26 (Exemption)
① Where the Service is suspended due to an unforeseen event such as natural disaster, etc. or occurrence of errors in the Service system used by the Company such as server hosting, IDC, and communication network, etc., the Company shall not be liable for the losses thereof. However, it has a duty to exercise its best efforts for the recovery of materials or operation of ordinary service.
② The Company shall not be liable for hindrance of use of Service due to a ground attributable to the Members.
③ The Company does not have a duty to intervene in a dispute occurred with the Service as a medium between the Members or between the Members and a third party and the Company shall not be liable to compensate the resulting losses.
④ The Company shall not be liable for details such as reliability and precision, etc. of information, materials, and facts posted on the Service by the Members.
Article 27 (Court with Jurisdiction)
① In case of dispute, the Company and the Members shall faithfully discuss with each other for dispute resolution. Any lawsuit lodged due to discussion’s failure shall have Korean law as the governing law.
② The court with jurisdiction for lawsuits over disputes arising between the Company and the Members shall be the court of the Company’s address location.
7. Additional Clauses
(Effective Date) These standard terms and conditions shall be effective from March 1, 2014.
(Effective Date) These standard terms and conditions shall be effective from January 15, 2015.
(Effective Date) These standard terms and conditions shall be effective from September 23, 2015.
(Effective Date) These standard terms and conditions shall be effective from April 10, 2017.
(Effective Date) These standard terms and conditions shall be effective from December 13, 2018.