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.