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Terms of Service
Terms of Service (and Membership Agreement) Chapter 1 Parties and Recitals 1.1 Purpose of Terms of Service The following terms and conditions govern the iPOLIS Membership (www.samsungipolis.co.kr) provided by Samsung Techwin Limited Company (the ¡°Company¡±) and the benefits available thereunder (the "Service"). 1.2 Effectuation and Revision of Terms of Service 1.2.1 This Terms of Service will be effective by announcement on the Service or notification through email to the individual Member. 1.2.2 The Company may revise this agreement without prior notice to the Members in case of crucial situation and the revised terms and conditions will be effective with notification in the same manner described in 1.2.1. 1.2.3 If any Member in disagreement with the revised terms and conditions can request disenrollment, otherwise, the Company will treat Member¡¯s use as acceptance of the revised terms and conditions since they continue to benefit the Service after commencing date of the revised terms and conditions. 1.3 Provisions Provisions otherwise stated in this Terms of Service are pursuant to the relevant Korean legislations such as Law on Telecommunication, Law on Telecommunication Industries, Ordinance on Telecommunication Network Utilization and so forth. 1.4 Definitions and Interpretation 1.4.1 ¡®Member¡¯ means a membership ID holder under Service Contract with the Company. 1.4.2 ¡®Visitor¡¯ means a Service user without membership. 1.4.3 ¡®User¡¯ means a Member logged on iPOLIS to benefit the Service. 1.4.4 ¡®ID¡¯ means (4 to 12 (?)) characters in length containing letters A-Z and numbers 0-9 determined by the Member and authorized by the Company to identify membership. 1.4.5 ¡®Password¡¯ means ((?)) characters in length containing letters A-Z and numbers 0-9 determined and secured by the Member to authenticate membership ID. 1.4.6 ¡®Disenrollment¡¯ means that the Company or a Member terminates the Service Contract after membership registration. 1.4.7 ¡®DDNS (Dynamic Domain Name System) service¡¯ means a service that allows you to create a hostname that points to your dynamic IP or static IP address or URL of Samsung Techwin Network Product (SNC-550, SNP-3300/1000, SNS-400/100, ¡®Network Product) for image display on the monitor. 1.4.8 ¡®Image Wizard service¡¯ means a service to transfer image from Network Product under DDNS service to your personal homepage in three different styles of open door, closed-door to log on and HTML homepage. - Open door style: Users can access to the ULR to view image from the Network Product. - Closed-door style: Users need to log in to access to the URL. - HTML homepage style: A HTML source code is delivered to insert image from the Network Product into the user¡¯s personal homepage. Chapter 2 Service Contract 2.1 Service Contract Authorization 2.1.1 In order to use the Service, you must first agree to the Terms of Service by clicking ¡°I accept.¡± button. 2.1.2 To complete the Service Contract, the Company approves client¡¯s application with acceptance of the Terms of Service. 2.2 Service Application 2.2.1 To become a Member of the Service, you must fill out Company¡¯s membership application form. 2.2.2 The Company will treat all information described in the application form as truthful data. Any anonymous user or wrong information provider will not benefit legal protection and will not be able to access to the Service. 2.3 Privacy Policy and Personal Information Treatment 2.3.1 The Company recognizes privacy and importance of personal information described in the membership application form or collected during use of Service. 2.3.2 The Company will collect personal information in the process of membership application and use of Service and processe that information for the purpose of Service Contract implementation and providing services described in the Service Contract. 2.3.3 The Company should not release or distribute the collected personal information to the third party without prior consent of the Member concerned and should not use that information for commercial purpose. However, the Company may comply with valid legal process such as; a. Official request of prosecution authority with search warrant b. Official request of Korea Internet Safety Commission c. Official request of any law-abiding organization pursuant to relevant legislation d. Internal demand for family site service to provide various membership benefits 2.3.4 The Company can collect and use personal information statistics of all or a part of Members for the purpose of Company activities within the scope defined in 2.3.3 and send cookies to the Members¡¯ computer through Service. Any Member can change browser configuration of his/her computer to reject or warn receiving cookies. 2.3.5 A Member is entitled to withdraw his/her initial acceptance for Company¡¯s collection and use of his/her personal information by membership disenrollment. 2.4 Service Application Approval 2.4.1 The Company will approve Service use for the Members fulfilled application procedure defined in 2.2, unless restricted by the conditions defined in 2.4.2. 2.4.2 The Company reserves the rights to delay approval of Service use application under specific circumstances stated below until these circumstances recovered. a. Insufficient equipment capacity b. Technical troubles c. Other emergency status agreed by the Company 2.4.3 The Company rejects for the following discrepant applications for the Service. a. Application with false name b. Application with other¡¯s name c. Application with false information d. Application for the purpose of anti-social or immoral behavior e. Other applications out of Company guideline of application 2.4.4 The Company may not approve the Service use applied by juveniles and will not allow membership to anyone under age 14. 2.4.5 If the Company delays or rejects approval of Service use application, the Company should notify to the Service use applicant, unless the Company cannot contact the applicant for applicant¡¯s fault. 2.5 Service Contract Revision 2.5.1 A Member is entitled to retrieve and revise his/her own personal information on the edit menu of Service. 2.5.2 A Member should maintain his/her own personal information at the most up to date status and responsible for any disadvantage occurred by his/her negligence toward personal information update. Chapter 3 Duties and Obligations 3.1 Company¡¯s Duties 3.1.1 The Company should respond to any suggestions or complains from the Members immediately. If the Company cannot respond immediately, the Company should report the reason of delaying and countermeasure schedule to the members through email or telephone. 3.1.2 The Company should observe privacy policy relating to Members¡¯ personal information stated in 2.3.1, 2.3.2 and 2.3.3. 3.1.3 The Company should constantly innovate in order to provide best possible Service in stable status and restore any damage or loss of its facilities immediately. However, the Company may reluctantly experience temporary discontinuance or interruption of Service due to calamity, a state of national emergency or other Force Majeure. 3.1.4 The Company should provide convenience to the Members with respect to procedure and contents of Service Contract such as Contract Completion, Contract Revision and Termination and so forth with best hospitality. 3.2 Members¡¯ Duties 3.2.1 Prohibited activities of Members in the Service a. Fraudulent use of other¡¯s Member ID, password and Resident Registration number (or Social Security number) b. Copy of information obtained through the Service for the purpose other than Members¡¯ own use without prior consent of the Company or using that information for the purpose of publications and broadcasting or transferring that information to the third party c. Any infringement of somebody¡¯s intellectual property such as patent, trademark, copyright and confidential marketing information in the manner of uploading, email and other similar way d. Broadcasting of anti social behavior such as information, text or graphics of lascivious contents in the manner of uploading, email and other similar way e. Malevolent behavior with insulting or threatening contents in the manner of uploading, email and other similar way f. Any evident behavior tied to crime g. Colleting or storing other user¡¯s personal information without prior consent of the Company h. Other illegal behaviors 3.2.2 A Member should obey to the Company announcement or notification concerning this Terms of Service, Service advises or notices and should not take any interruption of the Company activities. 3.2.3 A Member shall protect any Member ID and password and takes full responsibility for Member¡¯s own, and third party, use of any Member ID and password. 3.2.4 A Member should report to the Company immediately after he/she recognizes somebody¡¯s unlawful use of his/her membership ID and password. Otherwise, any Member is responsible for all damages occurred by his/her negligence toward report. 3.2.5 A Member should obey to the Company announcement on the Service or notification concerning restrictions of Service use. 3.2.6 Any Member is not allowed to use the Service for his/her own business, and the Company shall not take any liability related to any damage occurred by his/her own business activities violating this Terms of Service. Any Member should remedy any damage of the Company occurred by his/her own business activities violating this Terms of Service. 3.2.7 Unless the Company has given Members specific written permission to do so, any Member may not assign, transfer or indemnify his/her right to use the Service and other benefits of the Service Contract to the third party. Chapter 4 Service Implementation 4.1 Service Hours 4.1.1 In principle, the Company operates the Service 24 hours a day, 365 days a year unless otherwise accepted as a special occasion of extraordinary technical barrier. If the Company encounters inevitable temporary discontinuance of the Service for regular equipment maintenance or technical barrier, the Company should announce in advance or after the break. 4.1.2 The Company reserves the right to assign Service hours in terms of Service contents and announces timetable in advance. 4.2 Service Information Update The Company may update information for Service use and announce or notify through email to the Members. 4.3 Service Fee and Chargeable Information 4.3.1 In principle, the Company provides the Service at free of charge. However, the Company may charge on particular information of different rate by individual information service. 4.3.2 Users may refer to the price schedule and payment terms of each information service. 4.4 Advertisement 4.4.1 The Company may benefit advertisement to innovate the Service contents. The Company reserves the rights of advertisement permission on the Service homepage, service contents page and email page and will treats Members¡¯ use as acceptance of advertisement since they desire to use the Service. 4.4.2 The Company disclaims all damages or losses occurred by communication or trade between any Member and the advertiser. 4.5 Members¡¯ Upload 4.5.1 Proprietary Rights a. The author owns all legal rights and liability in and to his/her upload or posting and the Company will not use that upload or posting for commercial purpose, but use for noncommercial purpose only. The Company reserves all rights to allow upload or posting in the Service. b. Any Member should not use any information obtained from the upload or posting in the Service for commercial purpose such as modification and sales of information. 4.5.2 The Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages occurred by the upload or posting broadcasted by any Member in the Service and reserves the rights to edit out any contents in the below categories with or without prior notice to the author depending upon the urgency. a. Any content that is defamatory or libelous and invasive of another's privacy b. Any content that is harmful to safety of Service operation c. Any content regarded to be tied to crime d. Any content that infringes intellectual property and other rights of the Company or others e. Any content violating governing laws 4.6 Service Contents Change 4.6.1 The Company will announce or notify to the Members any additions, changes or cancellation of Service contents. 4.6.2 The Company reserves the rights to change, modify or update Service contents. 4.6.3 The Company shall not indemnify against any damage of users occurred by contents change nonetheless of statement 4.6.2, since the damage has not been caused by scienter wrongdoing or fatal mismanagement of the Company. 4.6.4 The Company may provide beneficial information for Service use in the manner of email or post mail. 4.7 Prohibition and Discontinuance of Service 4.7.1 The Company reserves the rights to interrupt or restrict completely or a part of the Service under the circumstances stated below. a. Repair work or regular maintenance activities for the Service equipment b. Discontinuance of telecommunication service by the telecommunication network provider authorized in the Law on Telecommunication c. War, riot, calamity or a state of national emergency d. Network system error or service delaying for heavy internet traffic e. Majority of Service users are or are deemed to be hindered by any content that is unlawful, harmful, obscene, or otherwise objectionable against the Service purpose 4.7.2 In case that the Company interrupts or restricts completely or a part of the Service under the circumstances stated in 4.7.1, it will notify the reason and break period to the Members. 4.8 Disclaimer and Limitation of Liability Any Member is not allowed to use the Service for illegal marketing of products especially for hacking, moneymaking advertisement, obscene website advertisement, distributing illegal copy of commercial software products and so forth unless authorized person of the Company has consented by explicit written statement with his/her own autograph. The Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages or prosecution of legal authorities occurred by that illegal marketing. 4.9 Accrual and Expiration of Mileage Points 4.9.1 The Company owns legal ownership of mileage points generated by Service use, therefore the Company will not refund the points or transfer to cash payment tools. 4.9.2 The Company reserves the rights to manage and control accrual and consumption of whole or a part of mileage points in demands of Service operation with notification of the reason and details to the Members. Members may refer to the mileage accrual standards of each Service contents. Chapter 5 Termination and Restriction of Service 5.1 Termination and Restriction of Service 5.1.1 Membership disenrollment shall be completed only with Member¡¯s own request. 5.1.2 The Company reserves the rights to cancel Service contract or sustain Service use within determined period with prior notice against the Member demonstrated specific behaviors described below. a. Fraudulent use of other¡¯s Membership ID and password b. Willful interruption of Service operation c. Willful distribution of anti social and lascivious contents d. Implementation or planning malicious use of Service to harm public benefit e. Defamatory or libelous activities and harmful or harassing activities against somebody f. Spam mailing or bomb mailing to interrupt Service operation g. Distribution of computer virus that paralyzes telecommunication system and network or destroys information h. Infringement of intellectual property of the Company, other Members or somebody i. Any activity caused official request of law-abiding organization such as Korea Internet Safety Commission or official notification of the National Election Commission concerning illegal election campaign j. Unlawful use of somebody¡¯s personal information, user ID and password k. Duplication and distribution or commercializing of information through the Service without prior consent of the Company l. Uploading obscene contents or linking to obscene website on his/her own homepage or Service bulletin board m. Anonymous enrolment or dual user ID enrolment n. Other violations of Company provision of Service use and relevant legislation Chapter 6 Indemnification and Miscellaneous 6.1 Indemnification The Company shall not indemnify from any Member¡¯s claim on his/her Service relating damage arisen during free of charge Service. 6.2 Force Majeure 6.2.1 If the Company cannot perform the Service as a result of a Force Majeure event such as calamity, the Company disclaims liability of Service providing. 6.2.2 The Company shall not be liable for any inconvenience of Service use caused by a Member¡¯s fault. 6.2.3 The Company shall not be liable for Members¡¯ loss out of expectation in use of Service or damages occurred by Member¡¯s use of material obtained in the Service. 6.2.4 The Company shall not be liable for reliability and accuracy of information, material, events and so forth uploaded by the Members. 6.2.5 The Company shall not be liable for Member¡¯s damage arisen by his/her willfulness or misbehavior. 6.3 Arbitration 6.3.1 If the Company and any user enter into dispute, both parties will put priority on the peaceful compromise through dialogue based on good faith. 6.3.2 If both parties fail to reach compromise on dispute, the parties may mutually agree upon alternative dispute resolution pursuant to the Rules of the Electronic Commerce Mediation Committee (ECMC), an affiliate of Korea Institute for Electronic Commerce (KIEC). 6.4 Subcontractors 6.4.1 The Company may hire subcontractors for specific regions or specific service to improve Service quality and user convenience. 6.4.2 These subcontractors represent the Company in Service activities, and the Company and the subcontractors are jointly and severally liable for users¡¯ damage occurred by subcontractors¡¯ fault.
1. This Terms of Service will commence on May 26, 2008. - The End -
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