December 01, 2019 Revised Regulations

Terms of KLIVECON Service Use refer to the full terms of the 'services', including these terms and other separate terms (paid service use terms, operational policies, etc.) that may be added to these Terms later, hereinafter it is to be referred to as "terms".

Terms of KLIVECON Service Use purport to define the legal relationship between “the company” and “the member” in the use of KLIVECON services therein who has entered into the use contract in accordance with these terms (hereinafter the concerned contract is referred to as “contract”, and the concerned user is a “member”) which are to be provided by KCINFRA through the KLIVECON app etc.

The ‘Company’ shall post these ‘terms’ and privacy policy on the initial window of ‘services’ etc, in order for the ‘member’ to easily identify those.

1. Conclusion of contract

1.1. 'Contract' is concluded when a person who wants to be a 'member' (hereinafter referred to as ‘subscription applicant’) agrees with respect to the contents of ‘terms’ and then applies for the subscription, and therefore the ‘company’ approves such application, and after becoming the ‘member’ from the moment when the ‘contract’ is concluded pursuant to the approval of the ‘company’, the ‘subscription applicant’ may use freely the ‘services’ in accordance with the ‘terms’.

1.2. The ‘company’ may collect the (personal) information such as email address of the ‘subscription applicant’ in the course of concluding the contract, and in which case the ‘subscription applicant’ shall provide the accurate (not false) information. For such collection and use and storage of personal information pursuant to this paragraph, the privacy policy separately posted shall be applied.

1.3. The ‘company’ may suspend or reject such approval, or terminate afterward the contract if the approval of the ‘company’ for the application of the ‘subscription applicant’ is not appropriate because of the grounds such as a mechanical access or account theft, provision of false information and the confirmed history of ‘services’ abusing of the ‘subscription applicant’ etc with regard to the KLIVECON service system, in the course of the member application of the ‘subscription applicant’.

2. Amendment of terms

2.1. The ‘company’ may amend the ‘terms’ in the scope that does not violate the relevant laws and regulations.

2.2. In the case of amending the ‘terms’ pursuant to the preceding paragraph, the ‘company’ shall describe the application date and amendment contents and grounds, and publish them through the ‘services’ starting from 7 days before the effective date. However, if such amendment contents are legally disadvantageous to the ‘member’, the identical contents shall be not only published through the ‘services’ but also such contents shall be individually notified to the ‘member’ via email etc starting from 30 days before the effective date.

2.3. The ‘member’ may terminate the use contract with regard to the ‘services’ concluded through the ‘terms’ and stop using the ‘services’, if he or she does not agree with the amended terms.

2.4. Even though the ‘company’ publishes or notifies together to take into account the member’s consent to the amended terms in accordance with 2.2, and, though the member does not express explicitly the intention of rejection before the effective date, it is regarded that the ‘member’ has agreed with the amended terms.

3. Amendment and interruption of services etc

3.1. If necessary, the ‘company’ may amend the contents of ‘services’. However, if such amendments of ‘services’ have a significant impact on the rights and obligations of the ‘member’, such amendments shall be made in accordance with the procedures of publication and notification pursuant to the article 2.

3.2. The ‘company’ may temporarily suspend to provide the ‘services’ if there is a significant ground such as maintenance inspection, replacement and disorder, communication disruption or the operational interruption of the information communication facilities.

3.3. The ‘company’ may conduct a regular inspection if it is needed to provide the ‘services’ and in the process of the regular inspection, the provision of the ‘services’ may be temporarily suspended.

3.4 The ‘company’ may suspend the ‘services’ for the reasons etc of the management of the ‘company’.

4. Publishing the advertisements

The 'company’ may publish the advertisements of the company or a third party on the ‘services’.

5. Rights and duties of member

5.1. The ‘member’ may watch the contents for personal and non-commercial purposes such as the internet TV and VOD etc (hereinafter referred to as ‘contents’) which are provided to the ‘member’ through the ‘services’, and conduct the performances that the ‘company’ permits through the ‘services’ (ex, the performance to write a comment etc).

5.2. The 'member' shall not acquire any rights with regard to the ‘contents’ which have been provided through the ‘services’ except the rights restricted to the precedent paragraph.

5.3. The ‘member’ shall not go beyond the performances of using the scope of the ‘contents’ permitted by this article described as below, and if he or she conducts such acts, he must take all the civil and criminal responsibilities for it.

1) Random act to produce the ‘contents’ in separate video files etc

2) Random act to post the ‘contents’ on the internet

3) Random act to provide the ‘contents’ to a third party

4) All other copyrights infringement on the 'contents'

5.4. The 'member' must not conduct any acts to access to the servers of the ‘services’ and the network systems or to interrupt the provision of ‘services’ in the ways not permitted (for example, acts to access to the servers and the network of the ‘services’ by using the automated programs or to the ‘services’ system for random collection of ‘contents’)

5.5. The ‘member' must not act the followings.

1) Acts to provide a false information to the ‘company’ or otherwise to steal someone else's information

2) Acts to infringe upon the intellectual property rights including the copyrights of the ‘company’ and any third parties

3) Acts to damage the honor or interfere with the businesses of the 'company' and any third parties

4) Acts to take advantage of the ‘services’ commercially without the consent of the ‘company’

5) Acts to impersonate the ‘company’ or spread the false information in relation to the ‘services’

6) Other unlawful or improper acts including prohibited acts by the "Promotion of Information and Communications Network Utilization and Information Protection Act" article 44 paragraph 7 etc

6. The ‘member contents’ creation/operation policies and penalties in case of violation

The following policy will be applied to all content (hereinafter referred to as 'member contents'), including posts and comments created by ‘member’.

1) Prohibited Behavior: The 'member' shall not create or perform 'member contents' consisting of the following:

① Content that contains hateful, defamatory, or discriminatory content against any individual or group (including the 'company' and artists of 'content')

② Content that depicts abusive acts, extreme violence, and sexually explicit content

③ Content that continuously causes groundless fear or anxiety

④ Content that promotes fraudulent acts or violates any law

⑤ Content that reveals classified information of businesses or national agencies

⑥ Content for the purpose of committing crimes, or aiding or abetting criminal offenses

⑦ Unlawful content prohibited to be posted in accordance with other relevant laws and regulations

⑧ Prohibited behavior according to 5.3 or 5.5, such as repeatedly posting the same or similar 'member content'

2) Penalties in case of violation: In breach of 1), the following measures will be taken.

① ‘Member contents’ that have received more than a certain number of reports, or whose violations have been confirmed, shall be automatically deleted. The 'member' who created this content may attempt to prove that it has not violated the prohibited behaviors stated in 1), in order to restore their 'member contents'.

② The ‘member’ who receives more than a certain number of reports, or whose violations have been confirmed, shall automatically be restricted from creating further 'member contents' for a certain period of time. During this period, the concerned 'member' may attempt to prove that they have not violated the prohibited behaviors stated in 1), in order to remove the restriction.

※ The above reference number of restrictions in the sub-paragraphs ① and ② will be determined when deemed necessary for protecting the ‘services’ and the ‘member’ from inappropriate content. Furthermore, the period time, as mentioned in sub-paragraph ②, is determined to be maximum of 90 days and is subject to change according to the operation of 'services'.

3) The 'member' grants 'company' limited rights to copy, transmit, and distribute accordingly for promotion or advertisement purposes of 'member contents'

7. Use restrictions

The ‘company’ may temporarily or permanently restrict the use of ‘services’ of the ‘member’ in the following cases.

1) Temporary use restrictions

① In the case that the 'member’ is in breach of the member’s obligations described in Article 5.

② In the case that the 'member' is in breach of the ‘member contents’ creation/operation policies described in Article 6.

2) Permanent use restrictions

① In the case that the 'member' is habitually in breach of the member’s obligations described in Article 5.

② In the case that the ‘member’s violation activities against their obligations described in Article 5 are to constitute crime.

③ In the case that the 'member' is habitually in breach of the ‘member contents’ creation/operation policies described in Article 6.

④ In the case that the ‘member’s violation activities against the ‘member contents’ creation/operation policies described in Article 6 are to constitute crime.

8. Activity level of the members

8.1. Individual level (hereinafter referred to as “activity level”) shall be granted to the ‘member’ in accordance with the levels of activities (ex. frequencies of watching ‘contents’ or of creating ‘member contents’ etc) in the ‘services’ and observance of terms (ex. the frequencies of violation of the ‘member contents’ creation/operation policies etc).

8.2. The scope and level of the use of the ‘services’ of the ‘member’ may vary in accordance with the ‘activity level’ of the ‘member’.

9. Rights, duties and indemnity of the company

9.1. The ‘company’ reserves all the rights to the ‘services’.

9.2. The 'company' shall endeavor to stably provide the ‘services’, however, in cases of the unavoidable facts such as natural disaster, war and otherwise the equivalent facts and in case of article 3, the provision of the ‘services’ may be suspended or stopped, of which cases the ‘company’ shall not be responsible for.

9.3. The 'company' shall not be responsible for the damages caused by the use of the ‘contents’ by the ‘member’, unless otherwise there is an attribute such as an intention or a negligence etc of the ‘company’.

10. Damages

If the ‘company' and the 'member' damage to the counter party caused by the attributes of each party, each party shall be responsible for such damages. In particular, if the ‘member’ is in breach of infringing on the copyrights of the ‘contents’ by violating article 5.3, the ‘member’ shall account for all the civil and criminal responsibilities.

11. Governing laws and jurisdiction

11.1. With regard to these terms, the applicable laws shall be the laws and regulations of the Republic of Korea, and the court of the Republic of Korea shall have the jurisdiction.

11.2. The lawsuit for the dispute filed between the ‘company’ and the ‘member’ shall be based on the member’s address at the time of petition, and if there is no address, the district court in jurisdiction over the residential place shall be the competent jurisdiction. However, if the address or residential place of the member at the time of petition is not clear, the district court of jurisdiction shall be determined in accordance with the Civil Proceedings Act. If the customer has the address or the residential place overseas, the lawsuit occurred between the company and the customer shall be governed by the Seoul Central District Court of the Republic of Korea as the competent court.