Terms and Conditions
Terms of Service
Article 1. (Purpose)
The purpose of this Terms of Service is to prescribe the rights, obligations, and responsibilities of the Company and its members and other necessary matters concerning the use of the makeUstar Service (the “Service”) provided by makeUstar Inc. (the “Company”).
Article 2. (Definition)
① The terms used in this Terms of Service have the meaning set forth below:
1. “Member” means a person who enters into a service agreement pursuant to this Terms of Service, and uses the Services provided by the Company.
2. “Service(s)" means the makeUstar service which is a platform that brokers transactions of copyright or grant of permission for use of contents, including photos, videos, articles, etc.
3. “Content(s)" means all contents provided by the Company to its Members in connection with the provision of the Services such as symbols, texts, voices, sounds, pictures, videos, figures, colors, and images (including any combinations of such content).
② Except as otherwise provided in paragraph 1, the terms used in this Terms of Service shall have the meanings set forth in the applicable laws and each Service policies, and those not provided therein shall be subject to general commercial practices
Article 3. (Effect and Change of Terms of Service)
① This Terms of Service shall take effect when the Company publishes the contents of this Terms of Service on the Company's website (www.makeUstar.com, hereinafter the “Website”) or notifies the users by other methods (e-mail, messenger, consent window upon login, etc.) and the user, who agrees to the contents, becomes a Member by subscribing to the Services.
② The Company may amend this Terms of Service to the extent that it does not violate the applicable laws and shall announce the effective date of the amended Terms of Service and the reasons for the amendment along with a copy of the then-current Terms of Service in accordance with the method set forth in paragraph 1 during the seven (7) days prior to the day the amended Terms of Service is to take effect. However, if any material rights or obligations of the Members are to be amended, the Company shall announce the amendment by the above method thirty (30) days prior to the effective date of the amended Terms of Service and notify the Members in accordance with the method set forth in Article 7(3).
③ A Member shall be deemed to have consented to the amended Terms of Service, if they do not explicitly express his or her rejection of the amended terms prior to the effective date of the amended Terms of Service, even after the Company announced or notified the Members of the amended Terms of Service stating that Members shall be deemed to have agreed to the amended Terms of Service if the Members do not express their rejection of the amended Terms of Service prior to its effective date. The Service may not be available to Members who do not consent to the amended Terms of Service, and Members may suspend their use of the Service and terminate their service agreement.
Article 4. (Conclusion and Application of Service Agreement)
① A service agreement is concluded when a person who intends to use the Service (the
"Applicant") consents to the contents of this Terms of Service, applies for the use of the
Services, and such application is approved by the Company.
② The Company may reject any application that falls under any of the following subparagraphs.
The user may not claim his or her rights as a Member under this Terms of Service, and the Company may cancel or terminate the service agreement without refund, if a cause under the following subparagraphs is found after the execution of the service agreement.
1. Where an Applicant uses a fake name or the name or information of another person
2. Where an Applicant has entered false information or failed to meet the application requirements
3. Where an Applicant uses the Service through an abnormal or indirect method in a country where the Company has not provided the Services
4. Where an Applicant applies for the Service with the purpose of undermining the social well-being, order, and public moral or to conduct any act prohibited by applicable laws
5. Where an Applicant is re-applying after being deprived of membership due to violating the Terms of Service
6. Where an Applicant is under the age of sixteen (16)
7. Where approval is regarded inappropriate for reasons equivalent to each subparagraph
③ The Company may withhold its consent upon the occurrence of any of the following subparagraphs until the cause is resolved.
1. Where the Company lacks facilities, have instable network, have difficulty in supporting certain mobile devices, or have technical difficulties
2. Where there is disruption in the Services or in the Service fee or payment method
3. Where there is an occurrence of an event that is beyond the control of the Company such as war, accident, natural disaster, or any equivalent national emergency
4. Where it is difficult for the Company to accept the application due to any other reason
Article 5. (Terms of Service and Regulations)
① If necessary, the Company may prescribe individual terms of services and announce them on the Website or in accordance with Article 7(3). Member’s consent for such individual terms of services shall be obtained through a separate consent process. In this case, the individual terms of service takes precedence over this Terms of Service.
② Matters not stipulated in this Terms of Service or any individual terms of services and the interpretation of this Terms of Service shall be governed by applicable laws or general commercial practices
Chapter 2 Personal Information
Article 6. (Protection of Personal Information)
The Company endeavors to protect the personal information of its Members as prescribed by applicable laws, and comply with applicable law and the Company’s privacy policy regarding the protection and use of the personal information. However, the Company's privacy policy shall not apply to any linked services other than the Services provided by the Company.
Chapter 3 Obligations of Contracting Parties
Article 7. (Obligation of the Company)
① The Company shall comply with the obligations set forth in this Term of Service and applicable laws in good faith.
② In order to provide continuous and stable services, the Company shall use its best efforts to repair or restore disrupted facilities or data, etc. without delay, in the event any disruption occurs in the facilities or data, etc. while making improvements to the Services. Such obligations shall not apply in the event of force majeure, such as natural disasters, emergencies, obstacles or defects that cannot be solved with current technology.
③ The Company shall notify Members by e-mail, text message, etc. However, if the notice is to be given to all Members, individual notices to Members could be substituted by posting the notice on the Website or presenting a pop-up screen for more than seven (7) days.
Article 8. (Obligation of the Member)
① Members shall not engage in any acts under the following subparagraph.
1. Using false information or other people’s information when applying for the Service or changing the Service
2. Changing any information posted by the Company or engaging in an act that impairs the Service
3. Producing, distributing, using, advertising, transmitting, or posting computer programs, codes, equipment, or devices that have not been provided or approved by the Company
4. Intentionally transferring, posting, distributing, or using virus, computer code, file, or program designed to interfere with or destroy the normal operation of telecommunications equipment; or using information (computer program, file, source code, etc.) or computer software or hardware that is prohibited from being transmitted or posted by law
5. Collecting, storing, posting, and distributing the personal information of other Member’s or their account information without authority
6. Reproducing, disassembling, imitating, or modifying the Service by reverse engineering, decompiling, disassembling or by any other processing activities
7. Disrupting the Company’s normal Services by causing the Company’s server to overload by using the Service in a manner that is contrary to its normal usage, such as using an automatic access program, etc.
8. Granting access to one’s account to a third party, such as lending or transferring the Member’s account.
9. Infringing the intellectual property rights, such as copyrights, of the Company or other third parties
10. Damaging the reputation or obstructing the business of the Company or other third parties
11. Reproducing, distributing, or manipulating information obtained using the Company’s Services without permission, or using the Service by exploiting known or unknown bugs
12. Obtaining profit by taking advantage of or deceiving others or causing damage to others in connection with the use of the Company's Services
13. Uploading any contents that is obscene, cruel or otherwise offensive to others
14. Any other illegal acts or acts pursuant to unjustifiable means and purposes
② Members shall safely manage the access right and access method, such as mobile devices, etc. to their accounts registered on the Website and shall be responsible for any appropriation of their account or the misuse of services caused by reasons attributable to the Member.
③ Members shall take utmost care not to disclose his or her personal information and shall immediately notify the Company of any changes to the terms of their service agreement, such as their phone number or e-mail address, etc., through the relevant procedures
④ Members shall comply with this Terms of Service and any other matters notified by the Company in connection with the Service and shall be liable for all loss and damages incurred from the violation or failure to comply with this Terms of Service or notices.
Chapter 4 Use and Restriction of Service
Article 9. (Service Provisions)
① The Company shall immediately make the Service available to Members who have executed a service agreement pursuant to Article 4. However, the Service may begin on a later date specified by the Company in accordance with the Company's needs.
② The Company may provide other additional services to the Members when providing the Services specified in this Terms of Service.
Article 10. (General Principles for Use of Services)
① In principle, Services shall be provided 24 hours a day, throughout the year, unless there is a particular impediment to the Company’s business or technology.
② Notwithstanding paragraph (1), the Company may temporarily suspend all or part of its Services in the following subparagraphs. In this case, the Company shall announce the reason and period of suspension on the Website in advance. However, if unavoidable circumstances prevent the Company from announcing the suspension in advance, the Company may announce the suspension after the fact.
1. If the suspension is necessary for system operation, such as regular system inspection, server expansion or replacement, network instability, etc.
2. If it is impossible for the Company to provide normal service due to power failure, service facility failure, service overload, maintenance or inspection of key telecommunication service provider’s facilities, etc.
3. If a situation beyond the control of the Company occurs, such as war, incident, natural disaster, or equivalent national emergency.
Article 11. (Obligations of Members Regarding the Use of Services)
① All personal information included in files, contents, and any information uploaded by the member during use or for the use of the Services must have been processed legally.
② Any contents uploaded by the Members must not infringe upon the copyright, trademark rights or any other rights of, or damage the reputation of third parties.
③ The Company shall not be liable for any damages incurred to its Members or a third party due to the Member’s violation of the above paragraph. If a Member causes damages to the Company by violating the above paragraphs, the Member shall compensate the Company for the damages incurred.
Article 12. (Obligations of Seller)
① A seller (the “Seller”) who sells the copyright or license of contents, such as art, music, literature, video, etc. (the “Copyrighted Materials”) warrant that he/she is authorized to sell such rights.
② Upon the sale of the copyright in the Copyrighted Materials, the Seller may not bring any claim against the buyer or the Company regarding any actions taken by the buyer with respect to the Copyrighted Materials, including, the creation of derivative works, commercial use, or resale of the Copyrighted Materials, etc.
③ The Seller shall not double-sell a copyright of any Copyrighted Materials.
Article 13. (Obligations of Seller)
A buyer who only purchases a license to use to the Copyrighted Materials instead of its copryright may not modify the Copyrighted Materials in any manner (including, any modifications or revisions to the Copyrighted Materials’ originals, such as the creation of derivative works, editing or revisions, etc.)
Article 14. (Refund)
The buyer may not cancel nor request a refund after his/her purchase of the Copyrighted Material’s copyright or license.
Article 15. (Authority of the Company Regarding the Use of Services)
① To the extent necessary for the provision of Services, the Company has the authority to reproduce, modify, delete, save, and transmit, etc., all files uploaded by the Member directly or generated by the Member's use of the Service.
② If a Member utilizes his or her personal server (meaning local or cloud server owned by the Member) in connection with the use of the Services, the Company may communicate with and utilize the personal server from time to time to the extent necessary to provide the Service.
③ The Company may deduct any fees and/or payment fees for the use of the Service from any amount due to the Seller of the Copyrighted Materials.
Article 16. (Change and Suspension of Services)
① To ensure smooth delivery of Service, the Company may change the Service according to its operational or technical needs and shall notify the changes within the Service prior to the change. However, if changes are inevitable, such as bug corrections, errors, or urgent updates, or does not constitute a material change, the Company may notify the change after the fact.
② The Company may terminate a Service if there are difficulties in providing the Service due to material management reasons, such as abolishment of the business due to the transfer, division, merger, etc. of the business, expiration of the content provision agreement, or significant deterioration of profit from the Service. In this case, the Company shall announce the date and reason for the suspension on the Website and other service provision screens thirty (30) days prior to the suspension date and notify Members through the manner set forth in Article 7(3).
Article 17. (Advertisement Provisions)
The Company may display advertisements within the Service in connection with the operation of the Services. In addition, the Company may send advertisements to its Members who have consented to the receipt of such information, through e-mail, text service (LMS/SMS), etc. In this case, Members may refuse to receive advertisements at any time, and the Company shall stop sending the advertisements upon the Member’s refusal.
Article 18. (Attribution of Copyright etc.)
① The copyright and other intellectual property rights for all Content, technology, and Services produced by the Company will be attributed to the Company.
② The copyright and other intellectual property rights for any uploaded content by the Member in the process of the Member’s use of the Service will belong to the Member. However, the Member shall grant the Company a worldwide, royalty-free license to use such content for provision and promotion of the Service.
③ If a Member’s legal interests is violated due to any information posted on the Company’s bulletin board, the Member may request the Company to delete the information or to upload a post refuting the posted information through e-mail (thevibe@daum.net). In this case, the Company shall take necessary measures in accordance with the applicable laws and notify the Member of such measures.
④ This Article will remain valid during the Company's operation of the Services and will survive the withdrawal of the Member’s membership.
Article 19. (Restrictions on the Use of Services for Membe