Introduce
Article 1 (Purpose)
The purpose of these Terms and
Conditions of Use of ComeUp Service (the “Terms and Conditions”) is to define rights and obligations between the Company and the user (the
“Member”) and other necessary
matters with respect to the use of ComeUp (the “Service”) provided by STARINDEX, Inc.(the “Company”) and any other services
Article 2 (Validity of Terms and
Conditions and its Amendment)
- The Company shall post these Terms and
- Conditions on the website so that the Member may comprehend it easily.
- The Company may amend these Terms and
- Conditions to the extent that it does not conflict with relevant laws and
- regulations. The amended Terms and Conditions shall be posted on the
- Service website from seven (7) days prior to the effective date.
- If the Member reserves the rights to refuse
- the consent to the amended Terms and Conditions, and in such case, the
- Member may request the Company to suspend the provision of Service by
- expressing his/her intent to terminate the Service use and to withdraw the
- membership. Provided, however, that if the Member fails to raise any
- object even if the Company notifies the Member of the amended Terms and
- Conditions and of the fact that if the Member does not raise any objection
- within seven (7) days, the Member shall be deemed to have given his/her
- consent to the amended Terms and Conditions, the Member shall be deemed to
- have given his/her consent.
Article 3 (Construction of Terms
and Conditions and Exceptional Rules)
- The Company may have separate terms and
- conditions of use and policy with respect to each Service provided by the
- Company, and in case that the content of such separate terms and
- conditions and policy conflicts with these Terms and Conditions, separate
- terms and conditions shall prevail.
- Relevant laws and regulations shall apply to
- the matters other than the matters prescribed herein and construction
- hereof.
Article 4 (Definition)
- The term “Service” means websites and applications or
- all other services that the Company provides and the Member uses
- regardless of types of devices and terminals (either wired or wireless)
- including personal computer (PC), TV, mobile phone, tablet PC.
- The term “Member” means an individual or a company
- which uses the Service provided by the Company pursuant to the contract on
- service use entered into with the Company.
- The term “ID” means the combination of letters and
- numbers or email address of the Member selected by the Member for
- identification of Member and the use of the Service.
- The term “PASSWARD (“PW”)” means the combination of letters and
- numbers created by the Member for the purpose of verifying the
- identification of the Member and protecting PW of the Member.
- The term “Domain” means the Internet address that the
- Company grants to allow the Member to use the Service. The Company may
- allow additional and separate Domain in accordance with the sorts of
- services.
- The term “Posts” means all information or data
- including texts, documents, pictures, photo, voice, sound, links, files,
- and video, or the information coded as a combination of them, which the
- Member posts on the website in the course of using the Service.
- The term “Fee-Based Service” means any and all online digital
- contents and other services that the Company provides for a fee.
Article 5 (Execution of Use
Contract)
- The use contract is executed when the Member
- consents to these Terms and Conditions and the Privacy Policy of the
- Company and submits the application form to the Company after filling
- them out on the website of Membership register of ComeUp or connect(login) with any external
- membership provider accounts in ComeUp, and when the Company approves the
- application.
- The Company shall approve the Service use of
- the applicant in accordance with the order of receipt, in principle.
- However, if any problems occur to the businesses or technologies of the
- Company, the Company may withhold the approval for a certain period of
- time.
- In case that an event falling under any of
- the following items, the Company may refuse to approve the concerned
- application or terminate the use contract thereafter.
- Where the applicant lost his/her previous
- title as a member hereunder;
- Where the applicant applies by using email
- address of a third person;
- Where the applicant states false
- information, or omits the mandatory information required by the Company;
- Where the applicant tries to use Service for
- inappropriate purpose;
- Where the approval is not allowed due to the
- faults on the user’s part, or where the application
- violates the regulations;
- Where the applicant is not deemed to be
- suitable for the Company’s policy, o where
- the provision of Service is not possible;
- Where the purpose of use or method of use of
- the Member infringes on property rights or goodwill of the Company or
- where there is a risk of infringement;
- Where the applicant creates ID in bulk by
- abnormal ways.
- The Company may distinguish the grade of the
- Member by analyzing the visit hour, frequency and Service menu in
- accordance with the Company’s policy.
- In case that the personal information
- provided upon signing up for Membership changes, the Member shall correct
- the information. The Company shall not be liable for any losses suffered
- by the Member due to the delay in change.
- The Company may add and delete the Member’s personal information and other information
- that the Company requests in accordance with the relevant laws and the
- Privacy Policy of the Company.
Article 6 (Obligation to Protect
Personal Information)
- The Company shall make efforts to protect the
- personal information of the Member pursuant to the applicable laws and
- regulations including Act on Promotion of Information and Communications
- Network Utilization and Information Protection, etc. (the “Act on Information and Communication Network”). Applicable laws and regulations and the
- Privacy Policy of the Company applies to the matters related to protection
- and use of personal information. However, in case that the Member clicks
- on the links contained in the Company’s website, the privacy policy of the concerned website will be
- applied.
- If the Company suspends the Service or if the
- Member withdraws his/her consent to provide personal information, the
- Company shall discard the personal information of the Member forthwith.
- However, the Company may keep specific information for a certain period of
- time pursuant to Act on the Consumer Protection in the Electronic Commerce
- Transactions, etc.
- The Company may collect additional personal
- information without the consent of the Member in accordance with the
- applicable laws and regulations only for the purposes of improving the
- Service and of introducing new Service customized to the Member.
- Unless it is required by the laws, the
- Company will not disclose or divulge all the personal information of the
- Member including account information to a third person without the
- separate consent of the Member.
- The Company may link the account information
- of the Member to the other services that the Company will provide or take
- other methods for the convenience of the Member.
Article 7(ID and PW of Member)
- The Member shall be responsible for
- management of his/her ID and PW.
- The Member shall not cause the third person
- to use his ID and PW.
- The Company shall not be liable for any
- losses or damages caused by the negligence of the Member in managing
- his/her ID and PW, or by inappropriate use of the third person without
- willful or gross negligence of the Company.
- If the Member becomes aware of the theft or
- unauthorized use of his/her ID or PW by a third person, the Member shall
- notify the Company forthwith, and shall follow the instruction of the
- Company.
Article 8 (Obligation of the
Company)
- The Company shall provide the Member with
- Service in the continued and stable manner.
- If the Company considers the opinion or
- complaint raised by the Member is justifiable, it shall process such
- opinion or complaint. In this case, the Company notifies the Member of the
- process via email or electronic bulletin board.
- The Company shall comply with the relevant
- laws including Act on Information and Communication Network with respect
- to the operation and maintenance of the Service.
- If the Company may notify the Member of the
- matters to be notified by posting it on the electronic bulletin board for
- not less than seven (7) days or via email indicated in the account of the
- Member.
Article 9(Obligation of the
Member)
- The Member shall not be engaged in acts
- falling under any of the following items.
- act of stating false information upon
- subscribing the Services or changing his/her personal information
- act of using other person’s information by stealth
- act of assuming the name of operator of the
- Company, its officers and employees or the Company
- act of changing the information posted by
- the Company
- act of obtaining the information of other
- user by way of hacking
- act of teasing, threatening or dishonoring
- the Company, other Member and a third person;
- act of disclosing or posting obscene and
- violent messages and other information contrary to the public policy;
- act of expressing one’s own religious belief or denigrating other religion;
- act of spreading false information and act
- of fraud;
- act of selling or promoting the goods that
- are prohibited from selling online under the domestic laws;
- act of selling or promoting the goods which
- are prohibited from importing and selling including stolen goods,
- narcotics/ psychotropic drugs;
- act of being engaged in the activities
- violating the fair trading regulations including cornering and hoarding;
- act of posting, selling or promoting the
- obscene and erotic materials;
- act of posting or promoting the materials
- related to obscene and adultery entertainments and illegal business
- conditions;
- act of causing political and social unrest;
- act of infringing on intellectual property
- rights including copy rights, trade secret and patent rights of the
- Company and other third person;
- act of distributing malicious code or data
- which may cause malfunctioning of information and communication
- facilities or destruction of information;
- act of being engaged in illegal activities
- violating the current laws and regulations;
- act of being engaged in activities violating
- the Company’s policies which have been noticed
- through mobile application or website of the Company;
- act of interfering with the provision of
- normal Service by overloading the computer server of the Company in ways
- of using Service through abnormal channel including Autocon;
- act of not performing the obligations of the
- Member to the Company or a third person such as payment of Service
- charges;
- act of using the information which has been
- obtained through the Service without the prior written consent of the
- Company for profit by ways of copying, transmitting, publishing,
- distributing or broadcasting, or act of allowing a third person to use
- such information.
- In case that the Member is engaged in any of
- the acts prescribed in the foregoing paragraph, the Company may take
- appropriate measures in accordance with the seriousness of the acts
- including limitation of Service use such as suspension of
- Service/termination of contract, and taking legal actions to the
- enforcement authorities.
- Unless there is express prior consent of the
- Company, the Member may not assign, transfer, lend or provide as
- collateral his/her rights to use Service and other contractual status to a
- third person.
- The Member shall comply with the applicable
- laws and regulations, provisions hereof, guideline and precautions that
- have been notified related to the Service, and other notice of the
- Company. The Member shall not be engaged in any acts interfering with the
- businesses of the Company.
- The Member may not be engaged in
- sales/advertisement contrary to the purpose of use and method defined by
- the Company without the prior approval of the Company, and the use of
- Service of the Member shall not infringe on the property rights, goodwill
- or business model of the Company.
Article 10(Provision of Service
and Change)
- The Member enjoys following Service provided
- by the Company.
- The Service for which the Member signed up
- Any and all Services provided to the Member
- through additional development or coalition with other company.
- The Service of the Company is available 24
- hours a day, seven days a week, in principle.
- In case there are significant operational
- reasons including maintenance, replacement and failure of information and
- communication facilities, or interruption, the Company may suspend the
- provision of Service temporarily. In such case, the Member will be
- notified the facts via electronic bulletin board or email. However, if the
- Company may not make prior notice to the Member due to inevitable reasons,
- the Company may notify thereafter.
- Unless the Company grants the Member the
- express rights to use the Service of the Company and the brand specificity
- of all other Services by entering into separate written contract, the
- Company shall not grant the Member the rights to use corporate name of the
- Company or the Service of the Company, its trademark, Service mark, logo,
- Domain name and other identifiable brand specificity.
- The type, function and design of the Service
- rendered by the Company may be changed or suspended from time to time as
- necessary. In such case, the Company does not notify the Member of each
- change in advance. However, if such change is deemed to be unfavorable to
- the Member, the Company will notify the matter via the electronic bulletin
- board or email.
- In case that the Service to be rendered in
- accordance with the preceding paragraph is changed and suspended, the
- Company will not make separate compensation.
Article 11(Publication of
Advertisement)
- With respect to the operation of Service, the
- Company may post advertisement by utilizing the personal information of
- the Member and the information provided by the Member. The Member consents
- to the publication of the customized advertisement which the Member can be
- exposed upon using the Service.
- The Company shall not be liable for any
- losses and damages caused by the participation in the promotion event that
- the advertiser provides by posting the event on the Service or through the
- Service, or communication or transactions with the advertiser.
Article 12(Provision of
Information via Email)
- The Company may provide various informations
- that have been deemed to be necessary for the use of Service of the Member
- via email provided by the Member.
- The Company may send promotional email for
- profit by using the personal information of the Member for the purpose of
- operating the Service. The Member may refuse to receive such email.
- In case of one of the following events, he
- Company may send email with or without the consent of the Member.
- Where the Company sends certified mail in
- order to verify the ownership of the email address which the Member
- stated upon subscription.
- Where the Company sends certified mail in
- order to confirm any changes in the personal information of the Member.
- Where the Company considers there is
- material information to be notified by the Member in using the Service.
Article 13(Restriction on
Service Use)
- In case that force majeure events including
- natural disaster, state of national emergency, proEblematic technical
- failure or serious changes in the operation of Service happens or are
- expected to happen, the Company may restrict or suspend the Services,
- either in whole or in part, without the advance notice.
- The Company shall not be liable or
- responsible for disputes between the Members or between the Member and the
- third person which have been occurred related to the Service.
- In case that the Member suffers from any
- damages in using the Service due to the leak of his/her ID and PW caused
- by the Member’s management negligence, or that the
- Member violates his/her obligation due to the illegal use of a third
- person, ID and the concerned Domain of the Member may be restricted.
- In case that in the course of investigating
- the violation of Article 9 hereof, if the Company becomes aware that the
- ID and Domain of the concerned Member is directed related to a specific
- violation of a law, and that the Company considers it is inevitable
- measure to protect the interests of other Member and to preserve the order
- of Service, the Company may suspend the use of the concerned ID and Domain
- temporarily. The Member may raise objection to such suspension through
- website of the Company or email.
- In case that the Member violates any of
- his/her obligations hereunder, that transmission or reception of
- promotional information causes Service disruption or is expected to cause,
- or that the Member refuses to receive the promotional information, the
- Company may gradually restrict the use of Service in the order of warning,
- temporary suspension and permanent suspension.
- In case that the Member violates the relevant
- laws such as distribution of illegal program and interruption of operation
- violating the Copyrights Act, illegal communication and hacking violating
- the Act on Information and Communication Network, distribution of
- malicious program, and any acts exceeding his/her rights to access or that
- the Member is engaged in identity theft or payment theft, the Company may
- suspend the use of Service immediately and permanently, and in such case,
- any interests that the Member has obtained through the use of Service will
- extinguished without the compensation of the Company.
Article 14(Rights and
Responsibility for Posted Materials)
- The Member shall reserve the rights and
- responsibility for text, image, video, links and other information that
- the Member posted in the Service (the “Posts”) of the Company.
- The Company may not monitor, control, or be
- liable for the contents that the Member creates. The Company will not be
- liable for and guarantee the reliability, credibility, accuracy of the
- Post that the Member posted.
- Copy rights and intellectual property rights
- to the Service, and copy rights to the Posts created by the Company shall
- be reverted to the Company. However, any Post created by the Member,
- either independently or jointly, and any works provided under the
- cooperation agreement shall be excluded.
- Any Post that the Member has posted in the
- Service may be used in any media, website, and other Service of the
- Company and by other ways (including those which have been known to public
- or which will be developed in the near future) for the results of online
- search, operation and promotion of Service. In such case, the Post may be
- amended, copied or edited to the extent necessary for such exposure. In
- such case, the Company complies with the Copyrights Act, and the Member
- may take measures of deletion, exclusion of search result, and
- non-disclosure of such Post through customer Service center or management
- function provided within the Service at any time.
- Even in case of withdrawal from membership,
- any Post created by the withdrawing Member will not be deleted. However,
- the Member may delete his/her Post by himself/herself before withdrawal.
- The Company shall not be liable for any unauthorized preservation or
- unauthorized publication of the Post through the duplication without the
- consent of the concerned Member. In addition, ID, personal information and
- Post of the Member who violates these Terms and Conditions and the
- applicable laws and regulations may be kept to the extent that the
- applicable laws and regulations permit in order to protect other Member
- and to use as an evidence for court, enforcement authority or other
- relevant authority.
- The Member shall take any civil and criminal
- liabilities which have been caused by infringement on copyrights and
- intellectual property rights of the Company or the third person by the Post
- or works of the Member.
Article 15(Management of Posted
Materials)
- In case that the Post of the Member includes
- any contents violating the relevant laws including the Act on Information
- and Communication Network and the Copyrights Act, and that any person is
- infringed his/her statutory rights thereby, the infringed person may
- request the suspension of publication and deletion of the concerned Post
- in accordance with the statutory procedures, and the Company shall take
- measures in accordance with the provisions of the relevant laws and notify
- the infringed person of the measure.
- In case that the Company considers there are
- any reasons that can be acknowledged as infringement on rights even
- without the request of the infringed person under the preceding paragraph,
- or that any events violating these Terms and Conditions, the Company’s policy, relevant laws, intellectual
- property rights and public policy occur, the Company may take temporary
- measures for the Post for the period of time not exceeding thirty (30)
- days.
Article 16(Responsibility for
Transactions)
- The Company shall take responsibility only
- for the operation and management of system to provide the Service
- efficiently, and shall not represent the purchaser or seller in
- transactions of goods or Services. The user shall take any and all
- responsibilities for transactions consummated between the users and for
- information provided and registered by the user.
- With respect to the transactions between the
- purchaser and the seller consummated through the system rendered by the
- Company, the Company shall not guarantee any matters including existence
- or non-existence and sincerity of buying or selling intent, quality of
- registered goods, integrity, stability, legality and non-infringement on
- other person’s rights, sincerity or legality of
- information that purchaser or seller has stated and of data published on
- URL which is linked through such information. Any and all risks and
- responsibilities related thereto shall be taken by the user.
- The Company only provides transaction system
- based on the Service of the Company, and the party to the transaction
- shall be liable for all disputes incurred related to the transaction.
Article 17(Fee-based Service)
- The Member may use the fee-based Service
- provided by the Company by paying in credit card, through bank transfer
- and other method defined by the Company.
- The Company may allow the Member to use
- fee-based Service without payment as set forth in paragraph 1 above by
- granting virtual settlement method in accordance with the record of using
- Service.
- In case that the Member chooses to use
- fee-based Service, the Service based on the payment method described in
- paragraph 1 above will be firstly provided, and if provision of such
- Service is not possible due to the shortage in balance, the Service
- prescribed in paragraph 2 above will be provided.
- In case that the Member cannot use the
- fee-based Service due to the failure in system, and that any fee-based
- Service provided by the Company is not available, the Member may request
- the refund to the Company. However, if the Member is provided with even
- some of the fee-based Service, if the Member changes his/her mind not to
- use for the reason of personal satisfaction, it shall not be subjected to
- the refund under the paragraph 2 above.
- The refund prescribed paragraph 4 above shall
- be made only when the Member makes request in accordance with the defined
- form of the Company within seven (7) days after the Member did not receive
- the Service or the Service became unavailable. Any cost incurred by the
- refund shall be borne by the Member.
- The Company shall not be liable for any
- property damage suffered by the Member or any and all disputes including
- legal actions brought between the Member and a third person with respect
- to the use of fee-based Service.
Article 18(Limitation of
Responsibility)
- The Company shall not be liable for any
- Service disruption caused by the fault on the Member’s part such as non-compliance with these Terms and Conditions, and
- guidelines for Service use.
- The Company shall not guarantee the
- reliability and accuracy of the information, materials and facts which
- have been posted through the Service.
- The Company shall not be responsible for any
- transactions consummated between the Members or between the Member and a
- third party through the Service.
- Except otherwise required by the relevant
- laws and regulations, the Company shall not be responsible for any
- free-of-charge Service to be provided related to the use of Service.
- The Company shall be exempted from any
- failure in provision of Service caused by natural disaster, war,
- suspension of service by the telecom service retailer, problematic
- technical failure and other force majeure events.
- The Company shall be exempted from any
- failure in provision of Service or from any disruption caused by
- inevitable causes including maintenance of the Service facilities,
- replacement, regular check and construction.
- The Member shall be liable for any damages to
- computer system or loss of data and information caused by downloading or
- accessing a specific program or information through the Service of the
- Company at his/her own discretion.
- The Company shall be exempted from any
- damages caused by the suspension or irregular provision of
- telecommunication service by the telecom service retailer.
- The Company shall not be liable for any
- damages caused by the fault on the Member’s part such as error in the Member’s devices for the use of the service such as computer, mobile phone,
- tablet PC and the softwares such as programs used in such devices, inaccurate
- statement of personal information and email address, and negligence in
- management of password.
- The Company shall not be liable for
- conditions of the Member’s devices for the
- use of the service such as computer, mobile phone, tablet PC and the softwares
- such as programs used in such devices, all the security related problems
- which are not falling under the scope of management obligation of the
- Company, or any problems caused without the fault of the Company including
- network hacking that cannot be defendable with the current security
- technology.
- The Company shall not guarantee or be
- responsible for accuracy, content, integrity, legality and reliability of
- the important information about the content provided through the Service,
- and for deletion of website, failure in storage, misguidance and provision
- of information. In addition, the Company shall not be responsible for
- reliability, accuracy, integrity and quality of the information, materials
- and facts that the Member has posted on the website or transmitted through
- the Service.
- The Company shall not be liable for any
- damages caused by the Member’s disclosure or
- provision of personal information to the other person.
- The Company shall not be liable for any
- failure in utilizing the Service as expected by the Member and shall be
- exempted from any damages caused by the Member’s choice or use.
- The Company shall not be obliged to conduct
- preliminary review of the Post or to confirm or verify the content of the
- Post on a regular basis, and shall not be liable for any results
- therefrom.
- In case that the Member accesses the Service
- in the area where WiFi Service is not available, and data rate occurs
- thereby, the user may not request the indemnification from such charges to
- the Company.
Article 19(Termination of
Service)
- The Company may terminate the Service by
- notifying the Member within thirty (30) days from the contemplated
- termination date.
- Upon termination of Service, the Company will
- not make any compensation to the Member.
Article 20(Indemnification)
- In case that any damages occur to the Company
- due to the breach of these Terms and Condition by the Member, the
- breaching Member shall compensate the Company for all damages.
- In case that the Member breaches any
- provisions hereof in using the Service or that any third person claims for
- damages to the Company due to the illegal act of the Member, the concerned
- Member shall hold harmless and indemnify the Company from and against all
- damages on its own responsibility and at its own cost.
Article 21(International User)
Any Member who uses the Service
in or outside of the Republic of Korea shall agree that his/her personal
information may be saved to the server located in the country other than where
the Member is located pursuant to the agreement related to servers including
internet data center (IDC) used by the Company, or transmitted among the
countries.
Article 22(Governing Law and
Jurisdiction)
- Construction of these Terms and Conditions
- and any matters otherwise not defined herein shall be governed by the laws
- of the Republic of Korea.
- Any actions caused by the disputes between
- the Company and the Member shall be brought to the Seoul Central District
- Court as a court having exclusive jurisdiction.
- These Terms and Conditions are prepared in
- Korean language, and if these Terms and Conditions are translated into
- other languages including English, the Korean version will prevail.
Addendum
This Privacy Policy was enacted on June 15, 2015.