CHAPTER 1 GENERAL
Article 1 Purpose
MEWECLIP Terms of Service Use (the “Terms”) is a legal contract for the use and service of MEWECLIP camera device and mobile app executed between and by BnS Korea (the “Company”) and a user and it purpose is to provide rights, obligations and responsibilities of the Company and the user.
- MEWECLIP mobile app includes online service through lane/wireless network and Bluetooth for various photos and videos (the “Data”) stored in the MEWECLIP Camera and a software product which is included in such service and alpha, beta release and free and paid versions of all combinations of such product.
- Pressing the “consent” button installing, copying or using in other ways the software, a user is deemed to have consented to the Terms.
- If you do not consent to the Terms, please do not install the software.
Article 2 Definition of Terms
- MEWECLIP Service
stored in MEWECLIP Camera.
This means all users who are the members of MEWECLIP Service consent to the Terms, execute contracts for use and use the service.
- Location Information
This means the place where a user produces Data by using the information extracted based on Wi-Fi, Bluetooth and GPS of mobile devices and wearable cameras.
This means a program made to allow installation of the MEWECLIP mobile app in mobile devices and use.
- Personal (Member) Data
This means “personal data” mentioned by the Act on Information Communication Network and Data Protection.
- Cloud Service
This means a storage space provided by a third party in which storage space of designated capacity is allotted without charge when joining membership. If the data storage space exceeds the capacity designated, conversion to paid service is notified.
- Other Service Provided
The Company may provide advertising, contents, software and other combined services directly other than software to users when users download, install, use or update the software and by downloading, installing, using and updating the software a user is deemed to have consented to being provided with the relevant service.
Article 3 Service Provider
The service provided in the Terms is limited to the MEWECLIP service provided by the Company and the name, address and contact are as follows.
- Name: BnS Korea
- Address: 124 Sagimakgolro, Jungwongu, Sungnamsi, Gyeonggido (Unit 1314, Techdong, SK Techno Park, Sangdaewondong)
- Contact: 031-776-3036
CHAPTER 2 EXECUTING TERMS OF SERVICE USE
Article 4 Effectiveness of the Terms
- Posting of the Terms
The Company shall post the contents of the Terms in the regular menu within the MEWECLIP mobile app for easy understanding by the Member
- Effectiveness of the Terms
The Terms shall become effective to all users who attempt to use the service provided by the Company.
- Amendment to the Terms
The Company may amend the Terms to the extent that it does not violate the statues of Korea and international treaties. In case the Terms are amended, the planned effective date and the reason for the amendment shall be indicated expressly and notified seven days prior to the planned effective date together with the current Terms. Provided, for amending the Terms to become more unfavorable to Members, in addition to minimum of 30-day grace period to be provided for notice and the Company shall provide separate notice using electronic method such as sending emails, etc.
- Approval and Termination of the Terms
Members have right not to consent to the amended Terms and if they do not consent to the amended Terms, they may terminate the contract for use. When the Company provides notice to Members pursuant to the proviso in the above paragraph, with a substantial period (e.g. 30 days), and clearly stated that if there is no show of rejection during such period, they will be seen as having approved and if there is show of opinion of the Member, they are deemed to have approved the amended Terms.
Article 5 Terms and Rules
Article 6 Formation of Contract
- Contract for use is accepted when the person (the “Applicant”) who wishes to become a Member consent to the contents of the Term applies to join membership and the Company accepts the application.
- Contract for use is formed after the person wishing to use the service consents to the use terms and the Company approves the application.
Article 7 Use Application and Approval, etc.
- Service use application is made by consenting to the Terms by the Member in joining membership and writing required items in the application form.
- The Company approves use of the Service in principle for the application of the Applicants. Provided, the Company may refuse to approve or terminate the contract for use after words for any one of the following:
a) Insufficient capacity of service related facilities
b) Technical problems
c) It is determined necessary otherwise due to circumstances of the Company
d) In the event the Applicant breached one of the following the Company may refused to approve the application.
i) When the person applied using other’s nameii) When the person applied stating false Member Dataiii) When the person applied for purpose of harming wellness, order or customs of the societyiv) When it is determined that the person is not appropriate based on the internal service standards of the Company or it is difficult to provide servicev) If the person is under the age of 14 and did not obtain consent of legal guardianvi) In other cases when requirements for applying decided by the Company are not met
CHAPTER 3 SERVICE USE
Article 8 Mobile App and Service Use, etc.
MEWECLIP mobile app is a program which is produced for users of MEWECLIP camera users and users of service software supplier and licensed company and users may install and use the mobile app freely anywhere. Provided, the software cannot be used for commercial service for profit or any part thereof.
- Users may use the mobile app and the Data only in methods which comply with all intellectual property related statutes and all other relevant statues of the region where the mobile app is used.
- Users may not use this software together with device, software or service which is designed to prevent technical measures to protect contents or other works (or use right) of contents protected under the copyright laws of the region where the MEWECLIP mobile app is used.
- MEWECLIP mobile app software is protected under the Copyright Act and the Act on Protection of Computer Software and cannot be put for remaking, reverse engineering, decompiling or dissembling other than the limited scope permitted expressly by the relevant statues.
- In case of the beta version of MEWECLIP mobile app, without prior notice to users, function, general functions such as specifications, efficacy and characteristics of the relevant mobile app may be changed. Moreover, the beta version may have error that may affect the normal use. Installing the beta version software deems consent to the possibility of occurrence of the above to have been provided.
- The Company shall commence service immediately when it approves the application of the Member. Provided, if the Company is unable to commence service due to operational or technical error, notice shall be provided on the service or notice shall be provided to Members immediately.
Article 9 Use of Cloud Service
Use of Cloud Service shall comply with the standardized terms of the cloud provider which is in trading relationship with the Company.
- Unless there is any special operation or technical problems, in principle it operates 24 hours a day without any closed day. For operation purpose, such as system regular inspections, extensions or replacements, etc. the Company may suspend all or part of the service during the period designated by the Company. In such case the Company shall provide prior notice.
- The Company may suspend the service temporarily without prior notice or warning in the event normal service is impossible due to emergency system inspection, extensions and replacements, national emergency, blackout, service facility error or excess use of the service.
- The Company may decide separately time which service can be used, in which case prior notice shall be provided. Provided, exception applies for suspending service due to occurrence of event that is out of control of the Company for which prior notice is possible.
- The Company shall provide application for mobile device without charge (IPhone and smartphones with Android OS) and Members may use the Service by downloading and installing the application exclusively for the devices within the scope provided by the Company. Provided, there may be difference in the components and functions of application depending on the types of device and communication companies
Article 10 Service Contents of MEWECLIP
- MEWECLIP Service takes photos using camera automatically and manually, transmits the Data automatically based on the selection made by the user under the circumstance of when wireless network is available and provides service for the transmitted Data through the application installed in the mobile device of the user.
- Provided, the Company shall not be held responsible for any similar Data such as loss damage and copyright issues, etc. of the Data taken using MEWECLIP camera, and they shall be managed by users.
- News about location of supplementary service events, etc. may be informed to those people who registered for MEWECLIP service and advertising of shops may be made through issuing coupons, etc.
Article 11Providing Location Information of Connecter
Limited to the Members who have consented to using Location Information use, Location Information may be provided to use be used in applications utilizing the Location Information collected through devices to. the Members who connected to the Service.
Article 12 Rights and Responsibilities for the Member Data and Postings, etc.
Rights over Member Data and all posting such as texts and photos, which Members write in the Service belong to the Company.
- Copyrights and other intellectual property rights over the works created by the Company belong to the Company.
- Members may read Member Data and posting of other Members according to the method decided by the Company. Provided, Members may hot remove, change, delete, post, transmit, link distribute or change or hide the writer’s real name or nick name of Member Data or postings of other Members without justified authority and shall not post or write by changing the title of Member data or posting of Members without approval of the principle person.
- Members shall not engage in acts of harming good customs or other social orders or infringing others’ rights using the Service and shall not post, transmit or distribute Member Data or posting which infringe intellectual property rights such as copyrights or contents which include virus, add ware, spyware, etc.
- In using the Service Members shall not use or post for purpose that is against law or for acts which may offend others in public places and in case of engaging in any acts violating social rules, the Company shall not be held responsible therefor.
- The Company may delete or refuse to register without any prior notice or consent confirmation procedures any Member Data or posting posted within the Service and the Company shall not be held responsible therefor.
- Member Data or posting Members post within the Service may be disclosed for disclosure expression, reconstructing, marketing materials, search result or service promotions, etc. to website which has alliance in connection with the business of the Company and the Service, media platform and application (the “Third Media”) and the relevant disclosure may be partially revised or edited for posting to the extent necessary. In such case, Members may at any time take measures to delete or withhold from disclosure for the relevant posting through customer center or management function within the Service.
- The Company may provide information such as search list for posting or Member Data of Members to other internet portal business for purpose of advertising the Service, provided, to the extent of scope disclosed by Members.
- The Company may put advertisings in service screen, homepage, electronic mails, etc. in connection with the operation of the Service. Members who received electronic emails, etc. stating advertising may request to the Company to refuse to receive them.
- The Company shall obtain prior consent of Members through telephone, fax, email, etc. for using Member Data of posting of Members using other methods.
Article 13 Application Service
- Members may use the service by installing the application through the download page within the Service or lane or wireless application market provided by mobile device manufacturers or telecommunication companies.
- Members may share the Service with Members postings registered through the application
- Members are prohibited from engaging in acts of evading, attempting to change the security technology or software used in applying the part of the Service of rules of use, illegal use or encouraging others to do such and in the event Members engaging in such act, the Member shall be solely responsible therefor.
Article 14 Application Service
- Service provided by the Company is basically free. Provided, in case of separate paid service, use shall be available only upon paying the price stated expressly in the relevant service.
- The Company may claim the price for using the paid service according to the method provided for the electronic payment company which the Company contracts with or by adding in the invoice which the Company decides.
- Request for refund due to illegal use of Member’s Personal Data or payment fraud may be rejected other than the cases provided under law.
- Data telecommunication fee incurred at the time of using wireless service shall be separate and shall be according to the policy of each telecommunication company Members joined.
- For registering posting through MMS, price incurred shall be according to the policy of the telecommunication company.
Article 15 Providing Information for Advertising Purpose, etc.
- The Company may provide various information, including advertisings, to Members using methods of notices, emails, SMS and mails, etc.
- When the Company provides notice to an unidentified many Members, the notice can replace individual notice by posting the same notice in the initial screen of the Service for at seven days or longer. Provided, for matters which has a material effect on Members, notice shall be provided by email, message, etc.
- The Company may post advertisings, etc. in a location designated by the Company such as the service screen in relation to operation of the Service.
- Members may not engage to acts to arbitrarily delete or slander the site advertising provided by the Company or to interfere with other site advertisings.
- The Company shall not be held responsible in any way for losses or damages occurring from participation, exchanges or trading of Members in sales activities of advertisers through the Service or posted on the Service.
Article 16 Use of Personal Location Information, etc.
The Company uses Location Information of the relevant Member if the Member consented to the Terms, connected to the Service from a mobile device and consented to the use of Location Information.
- Only in cases a Member connected to the Service using a mobile device with GPS installed and consented to use of Location Information, Location Information may be used and for users who did not consent, they may request for consent to use Location Information every time they connect to the Service. In case of users who did not consent, normal service in the mobile device may be difficult.
- In the event a Member did not select automatic login in the mobile deice, the Member may select whether to consent to use Location Information every time the Member logs into the Service from a mobile device.
- Members who have consented to the use of Location Information do not disclose their location to other Members while using the service and the Company shall provide contents based on the user’s Location Information.
- The Company shall use the Location Information for recommending contents based on the location of the Members who have consented to the use of the Location Information, joined or logged into the Service and started the application to send the location. Or this, the Company saves and conserves the latest Location Information of the Member and when the Member first starts the Service, by reloading the Location Information update of the Location Information occurs.
- If desired by Members, they may anytime leave the service and in case of leaving the service, they are deemed revoking their consent for using the Location Information.
- Methods of exercising the rights of Members and their legal representatives are based on the address of users at the time of suing and if there is no address, the district court exercising jurisdiction over the place of residence shall have jurisdiction. Provided, if user’s address or place of residence is not clear at the time of suing or in case of foreign residents, the suit shall be brought to the court of jurisdiction under the Civil Litigation Act.
- The Company automatically conserves the confirmation materials of providing the Location Information for calculating price and dealing with complaints with other businesses or Members and the relevant materials are kept for one year.
Article 17 Right of the Principle of Personal Location Information
- Members may at any time revoke part or all of consent to provide to third party location based service using personal Location Information or personal Location Information. In such case, any personal Location information or Location Information which the Company collected, their use and confirmation materials for the provision are destroyed.
- Members may demand temporary suspension of collection, use or provision of personal Location Information to the Company any time, which the Company may not refuse and has the technical means therefor.
- Members may demand reading or notice of one of the following to the Company and may demand for revision if there is any error in the relevant material. In such case, the Company may not refuse Member’s demand without justifiable reason.
a) Use of Location Information and confirmation materials for provision for the Member
b) Reasons and contents for which the Member’s personal Location Information was provided to a third party pursuant to the Act on Protection and Use of Locational Information or other statutes.
- Members may demand procedures decided by the Company in order to exercise the rights under paragraphs 1 through 3 above.
Article 18 Rights of Legal Representatives
- The Company shall obtain consent of the legal representative of the Member who is under the age of 14 and the relevant Member for providing location based service using personal Location Information and providing to third party the personal Location Information. In such case, the legal representative retains all rights of Member under Article 16.
a) Confirmation materials for using the Location Information or Provision for calculating the fee for providing the Location Information and location based service is necessary.
b) If they were provided after being processed to be in a form which cannot identify a specific person for statistics, scholarly research or market survey
Article 19 Rights of Guardians of Children of 8 or Under, etc.
- The Company deems that the principle has consented in the event a guardian of any one of the following (the “Child of 8 or Under”) consents to use and provision of personal Location Information for life or body protection of the Child of 8 or Under.
a) Child of 8 or Under
b) Incompetent person
c) As a person with mental disabilities provided under Article 2(2)2 of the Act on Welfare of Handicapped People, a person who is severely handicapped based on Article 2, 2 of the Act on Promotion of Employment of Handicapped and Job Rehabilitation (limited to those persons registered as handicapped pursuant to Article 29 of the Act on Welfare of Handicapped People)
d) The guardian who wishes to consent to use or provision of personal Location Information for protection life or body of the Child of 8 or Under shall submit to the Company written document proving that he/she is the guardian attached to the written consent.
e) The guardian may exercise all of right of the principle of the personal Location Information when consenting to the use or provision of personal Location Information of the Child of 8 or Under.
CHAPTER 4 TERMINATION
Article 20 Termination of the Agreement and Suspension of Use
a) Act of harming the social order such as posting pornography in the storage of service provide by the Company or distributing or linking pornography
b) Act of distributing information, sentences, shapes, voice, etc. of contents that violate the social order or fine customs
c) Act of slandering or insulting others
d) Act of violating other rights of the Company or a third party, such as copyrights and intellectual property, etc.
e) Acts of manufacturing, importing, transmitting or posting technology, product or information of which manufacturing, importing, transmitting or posting is prohibited under relevant statues
f) Act determined to be connected to crime
g) Act of continuously transmitting certain contents such as advertising information against the will of another person, hacking or distributing computer virus
h) Act of using other Member’s email illegally
i) Act of collecting, using, saving or distributing personal data of other users
j) Act of using other’s name to call oneself
k) Act of forging the sender of materials and products posted in the service
l) Act of stalking or harassing others
m) Act of obtaining monetary benefit by repeatedly joining and leaving membership without justifiable reason or causing problem to the service operation of the Company
n) Act of selling or transferring one’s email to others
o) Any act which raises concern as causing problem to the service operation or other act which violates the relevant statutes
- The Company may limit approval for 39 days or reject application for use in the event the Member who was terminated of the contract for use pursuant to Article 7(2) of Chapter 2 or terminated pursuant to Article 20(1) of Chapter 4 applies for use again.
- Members may apply to leave the web service. Provided, the mobile application does not provide a separate function for leaving and the application to leave may be made in the web service.
- Once a Member leaves the Service, he/she cannot login and the Member Information of the Member within the Service is deleted automatically according to the personal data protection policy.
CHAPTER 5 OBLIGATIONS AND RESPONSIBILITIES OF PARTIES TO THE CONTRACT
Article 21 Obligations of the Company
- The Company shall comply with the statutes and the Terms and try to provide the Service continuously and stably.
- The Company shall immediately process any complaints filed by a Member about the Service and if immediate processing is difficult, the Company shall notify the Member the reason and processing schedule through the Service or electronic mail
Article 22 Obligations of Members
- Members shall write Member Information objectively and accurately.
- Members shall comply with the relevant statutes, the Terms and cautions notified for the use and service and matters notified by the Company and shall not engage in acts which interfere with the Company’s operations.
- The Member may not engage in any profit-making act using the Service without prior consent of the Company and may not distribute or post materials which are against law.
- Members are responsible to maintain and manage their own account information (email, mobile phone number and password) and the Company shall not be held liable in any case for result occurring from disclosure of account information due to carelessness of the Member him/herself. Provided, this shall not be the case if there is intention or gross negligence of the Company.
- Members may not engage in acts of copying, duplicating, changing, translating, publishing, broadcasting, advertising, selling, transmitting, or using in other methods or providing to a third party the information obtained using the service without prior approval of the Company or the person who posted.
- Members shall not infringe on intellectual property rights like copyrights, etc. of the Company and other third parties.
- Members may not engage in act of using the Service for profit making purpose without Company’s consent.
CHAPTER 6 COMPENSATION FOR DAMAGES AND RELEASE
Article 23 Damages
- The Company may be held responsible for compensating for damages in the event the Company is determined intentional or grossly negligent in causing the damages in use of the service by Members
- In the event the Company incurs loss as result of breach of the Terms by Members or Members cause the Company to incur loss in using the service, the Member shall compensate the loss of the Company. In this case, unless the Member successfully proves absence of intention and negligence, he/she may not be released from the responsibility.
- In the event a Member incurs loss due to the Company’s violation of Article 15 through Article 26 of the Act on Protection and Use of Locational information, the Member may claim damages against the Company. In such case, unless the Company successfully proves absence of intention and negligence, it may not be released from the responsibility.
Article 24 Release
- The Company shall be released from responsibility to provide the Service in the event it is unable to provide the Service as result of natural disasters or equivalent force of majeure.
- The Company shall be released from responsibility for problems in using the service due to reasons attributable to Members. Provided, it shall not be case if there is an inevitable or justifiable cause therefor.
- The Company shall not be held responsible for the contents about information, materials, reliability of facts, accuracy, etc. posted by Members in relation to the Service.
- The Company shall be released from responsibility in case Members traded other Members or third parties using the Service as medium.
- The Company shall not be held responsible for use of service provided without charge absent any special provisions under the relevant statues.
- The Company shall not be held responsible for any matters about Data.
Article 25 Dispute Resolution
- Any dispute occurring from the Terms shall be according to the laws of Korea.
- In case any dispute arises in relation to the use of the service, the court of jurisdiction shall be the court of jurisdiction under the Civil Ligation Act.
- In the event parties do not or are not able to reach resolution between themselves for disputes relating to Location Information, the Company may apply for arbitration provided by Article 28 of the Act on Protection and Use of Locational Information to the Korea Communication Standards Commission.
- In the event parties do not or are not able to reach resolution between themselves for disputes relating to Location Information, the Company or the Member may apply for mediation pursuant to Article 40 of the Personal Data Protection Act to the Personal Information Dispute Mediation Committee.
1. (Effective date) The Terms become effective from November 17, 2016.