Integrated service terms and conditions
the effective date
Article 1 The objective These Terms and Conditions are stipulated so that users can use the Integrated Services provided by Freemeta Co. Ltd. (“Company”), and users, by consenting to these Terms and Conditions, may use the Services offered by the Company and its Affiliated Companies. In order to use the Integrated Services, the user may have to enter into a Use Agreement with an Affiliated Company, and in such cases, the Company will provide the user with the terms and conditions of the Use Agreement of the Affiliated Company. When the user consents to the said terms and conditions, the Use Agreement is also formed between the Affiliated Company and the user.
Article 2 The definitions of the terms
- The Integrated Services refer to various internet and mobile services offered for users, which integrate all the Services administered by the Company and the Affiliates. The Service means the Integrated Services offered by the Company, or the Services (which constitute the Integrated Services) of the individual brand units of the Company or the Affiliates.
- The Affiliated Company is the business entity with which the Company entered into an alliance agreement or formed an official business relationship, so that users can easily use videos, images, and other works in the Service administered by a business entity other than the Company, for the Service of the Company.
- NFT is an abbreviation for non-fungible tokens, which refers to specific “digital assets” with unique values based on blockchain technology.
- Blockchain is a distributed data processing technology which records information such as transactions in each data block in a block chain network, and sequentially connects these blocks for reproduction and storage.
- A wallet is an object with the ability to send, receive, or store virtual assets based on the blockchain, and may exist in various forms of an extension program of a browser, or an app on a PC or a smartphone.
- Digital assets are the objects which users trade, transfer, or engage in other activities with, through the Services of the Company. Digital assets exist in the form of a NFT, and are identifiable with their unique values.
Article 3 The effect and the amendment of the Terms and Conditions
- The provisions of these Terms and Conditions shall be posted on the website of the Company, notified by e-mail etc. The user consents to the Terms and Conditions and applies for the membership, the Company permits such user to use the Service, and the Use Agreement is thus entered into and enters into force. The Company, however, may not approve the application in any of the following Sub-Paragraphs, restrict the use of the Service, or terminate the Use Agreement even after the approval.
- The Affiliated Company is in breach of the Service policy, and its provision of the service is suspended for a certain period, or permanently.
- The user forfeited the membership due to violation of these Terms and Conditions or for other reasons.
- The Company may amend these Terms and Conditions to the extent that it does not violate relevant laws, such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Act on Regulation of Terms and Conditions and the Act on Consumer Protection in Electronic Commerce etc.
- If these Terms and Conditions are amended, the date when the amendment enters into force and the reason for the amendment shall be specified, along with the current Terms and Conditions, at least seven days (30 days for the amendment of the Terms and Conditions, if the amendment is unfavorable to the user) prior to the date when the amendment enters into force application, through the website of the Company”, by e-mail etc.
- When the Terms and Conditions are amended, the user is entitled not to consent to all or part thereof. A user who objects to the amendment of these Terms and Conditions may terminate the Use Agreement by withdrawing the membership. If the Use Agreement is terminated, the Service of the Company will not be made available.
- If the user does not express his or her intent to reject the amended Terms and Conditions, during the period from the date of the notification or the public notice in Paragraph 3 of this Article, to ten days (30 days, if the amendment is unfavorable to the user) after the effective date of the amended Terms and Conditions, it shall be deemed that the user consents to such amendment.
- The Use Agreement of the Integrated Services is formed by agreeing to the provisions of these Terms and Conditions and applying for the use of the Service. Once the Use Agreement of the Integrated Service is entered into, the user can freely use the Services of the Company and the Affiliated Companies, which service constitutes the Integrated service, and there is no need to enter into a separate Use Agreement for each Service.
Article 5 Guidelines on the digital assets
- The Company and the user can register words, pictures, videos, and photos, as digital assets through the Service provided by the Company and post them, sell them etc. in the Service. In this case, the value of the digital assets is determined by users. To clarify, the Company or the Affiliated Company does not guarantee the value of the digital assets, and does not warrant the authenticity of digital assets registered by users.
- By utilizing the Service of the Company” in the manner prescribed by the Company” and the Affiliated Company in this Article, the users can use their works etc., which are stored and administered in the Service of the Affiliated Company. The Company or the Affiliated Company shall, through the Detailed Guidelines, provide detailed instructions on how to use the works, and the user shall independently review the provisions of the relevant Detailed Guidelines.
- The user may create various contents such as emoticons and avatars using the portraits, voices, and other identifiable personal signs of other users, who have expressly granted the permission for others to use the same, and may post, or sell them, or otherwise use them as the digital assets, via the Services of the Company. The user shall fully inspect the scope and contents of the portrait, etc., whose use has been permitted, and shall ensure that the personal rights, portrait rights etc. of the user who has consented to the use are not infringed. Users shall understand that they can only use the portrait etc. within the scope set forth herein and in the Detailed Guidelines, and that they do not acquire any property rights therein.
- Users who purchase the digital assets through the Service of the Company may acquire the right to use the digital assets for non-commercial purposes, such as display, and may transfer the digital assets again, within the scope of the Services of the Company. To clarify, the ownership of the NFT itself of the digital asset is acquired, but the intellectual property rights such as copyrights have not been transferred from the user, who registered the digital asset, and the right to freely use digital assets is acquired within the scope stipulated herein and in the Detailed Guidelines.
- If the user completes the sale of the digital asset, the sales price, excluding costs such as the platform fee and the network fee, is paid to the user. If the digital asset is not sold within a certain sales period, the sale automatically terminates, and the Company does not guarantee that the digital asset will be sold within the sales period.
- The specific contents of the Service of the Company regarding the sales method, the sales period, the platform fee, the payment method etc. shall follow the Detailed Guidelines.
- The user shall bear gas costs incurred by registering, transferring, or otherwise trading in the digital assets at the Service of the Company, the general expenses incurred from the use itself of the blockchain and NFT (including the virtual asset transaction fee), and the data use fee incurred in the pr ocess of using the Service.
- The obligation of warranting the contents and the relationship of the legal entitlement of the digital asset is with the user who registers the digital asset, and the “company” does not provide any guarantee thereof. To clarify, unless the Company is at fault, the user shall be solely responsible for the digital asset registered by the user and be liable for losses resulting therefrom, and the Company shall not be liable at all.
- A user who wishes to sell the digital assets through the Service shall thoroughly review the contents notified by the Company, before proceeding with the registration, and shall guarantee that the user has full rights to the digital assets and that elements are not contained therein, which damage the reputation of others, or infringe on copyrights, trademarks or other rights of third parties. If a third party brings a legal action against a user who has purchased digital assets, or raises an objection thereto etc., the user who sold the digital assets shall indemnify the user who purchased it.
- Users who intend to sell the digital assets shall enter information necessary for the transactions etc. when registering the digital assets. After the digital asset is registered, the entered information cannot be modified unless the registration itself is withdrawn. The information, however, may be modified if the digital asset is not sold within a certain period and is automatically terminated, or if the Company determines that the information entered is differed from the fact, and that there is a significant risk of loss to the user who intends to sell or purchase.
- Users who intend to purchase the digital asset shall make a purchase decision after thoroughly reviewing the information notified by the Company. After the sale is completed after a successful bid, the transaction cannot be withdrawn due to the nature of transactions on the blockchain of the NFT.
- Users who have purchased the digital assets shall use them only within the scope stipulated herein or in the Detailed Guidelines. The digital assets shall not be used for other commercial purposes and shall not be used in a manner which damages the reputation of registered users or third parties, or infringes on personal rights, portrait rights etc.
Article 6 Platform community guidelines
- The user shall use the Platform Service in the method stipulated by the Company. In expressing thoughts and feelings within the Platform Service and interacting with other users, the users shall respect one another and comply with these Terms and Conditions, the Detailed Guidelines and the relevant laws.
- The Company will take appropriate measures, based on the fair and reasonable standards, for various situations which may occur when the users interact within the Platform Service.
- The users shall refrain from acts which may cause discomfort when posting content or interacting with other users within the Platform Service, and in particular, shall ensure that the contents in any of the following are not displayed within the Platform Service.
- Pornographic materials.
- Contents which involve gambling or speculation.
- Contents which infringe on copyrights, portrait rights, or other rights of a third party or damages the reputation of others.
- Contents which are repeatedly advertised and promoted to other users for commercial purposes without their consent.
- Contents which are in conflict with public morals.
- Other contents which are in breach of the administrative policy of the Affiliated Company or the Company’s own regulations.
Article 7 Obligations of the Company
- The Company shall do its best to fulfill the promises made to the users under the relevant laws, these Terms and Conditions, the Detailed Guidelines etc., and to ensure that users can use the Service stably.
- The Company shall promptly address feedback or complaints given by the users if it is acknowledged that such feedback or complaints were raised on justifiable grounds. If immediate processing of the feedback or complaints is difficult, the Company shall notify the User of the reason therefor and the processing schedule by e-mail or other methods.
- The Company may temporarily suspend the provision of the Services entirely or partially if repair or restoration is necessary due to failure, loss etc. of the facility, or if such measures are necessary for the continuous and stable provision of the Service. In such situations, the Company shall notify the users of the cause thereof, the suspension period, the status of the repair or the restoration, and the contact information for inquiries etc. If there are unavoidable circumstances whereby such notification cannot be given in advance as in the following subparagraphs, the notification shall be given subsequently, or given individually to the users.
- The Company should perform urgent system inspections, expand or replace the system, or repair or build the facility for an unavoidable reason.
- It is impossible to provide the normal Service due to the failure in the system or other Service facility, the Service use congestion, the facility maintenance, or the inspection of the basic telecommunication service providers, the failure of the wired or wireless network failure etc.
- An event of force majeure occurs which is beyond the control of the Company, such as a natural disaster, national emergency and power outages.
- The Company makes efforts to provide convenience to the users, regarding the procedure and the provisions of the Agreement with the users (the execution of the Use Agreement, the amendment and the termination of the contractual matters etc.)
- The Company may post a new Service, or temporarily or permanently suspend, modify, or terminate the Service which has been offered. In such cases, the Company will comply with the relevant laws and notify the users of the changes in a reasonable way.
Article 8 Obligations of the user
- Users shall use the Service in accordance with the relevant laws and regulations, these Terms and Conditions and the Detailed Guidelines.
- The users are responsible for the entire management of the account information related to the Integrated Services such as the user ID and password as well as the wallet-related information such as the information on the private key, and such information shall not be assigned or lent to others. The Company is not responsible for any losses to the user, which were incurred by the disclosure of the account information etc. to a third party due to the user's negligence. If there is a change in the mobile phone, e-mail address etc., which were entered at the time of the execution of the Use Agreement, the user shall reflect the changes on the website of the Company, or the Affiliated Company. The Company is not responsible for any disadvantages to the user, which were caused by not receiving the timely notice from the Company because the changes have not been reflected.
- The users may not, without the express consent of the Company, commercially use the Service provided by the Company. The user is solely responsible for the consequences of violating the foregoing, and the Company is not liable for it.
- The user shall check the notification regarding the Service from time to time.
Article 9 Indication of the contents of the Paid Service etc.
- The Company displays the following information in an easy-to-understand manner to the users, to instruct the users on the Paid Service, the Service purchase etc.
- The name and contents of the Paid Service.
- The pricing, the payment method and time of the Paid Service.
- The method, the time, and the period of offering the Paid Service.
- The terms and conditions and the procedure of exchange, return and warranty of the Paid service and the refund.
- The Company provides the devices whereby the Service may be used, as well as the specifications required for the use.
- The Service screen provided by the Company may contain advertisements. If the user does not use Wi-Fi while using the Service” and reading advertisements, data communication charges may be charged by the mobile carrier. The data communication fee is borne by the user according to the contract between the user and the mobile carrier.
Article 10 Restrictions on use
- If the user is in breach of the related laws, these Terms and Conditions, or and the Detailed Guidelines, the Company may restrict the use of the Service by giving a warning, suspending the Service, permanently suspending the Service, terminating the Use Agreement etc., or may delete related contents or the digital assets.
- If the “Company” intends to take the measures specified in Paragraph 1 of this Article, the cause, the date, and the period thereof shall be prescribed and notified to the user in advance by phone, e-mail, etc.
- The prior notice in Paragraph 2 may not be given, if it is otherwise provided under the law that such prior notice does not have to be provided, or if it is necessary to restrict the use of the product in an urgent manner. The use of the digital assets may also be restricted, or the digital assets may be deleted without prior notice in cases falling under any of the following Sub-Paragraphs.
- An act which discriminates, or cause prejudice, based on a region, religion, gender, race etc. without a reasonable cause.
- The rights and the personal information of a person was infringed, who has not given prior consent for the use of portraits etc., or the requirements of Article 5(3) were breached.
- An act which infringes on the intellectual property or other rights of others or damage their reputation.
- An act against the national law, such as illegal gambling, speculative acts, and prostitution, or an act which does not meet the review standards of information communication of the Korea Communications Commission.
- There is an order or request from an administrative agency, an investigative agency, the judiciary, or other government agencies for such restriction or deletion.
- The user of the Service related to the digital assets is identified as a minor under the age of 19.
- The Service was used not in a way stipulated by the Company, but was used in an abnormal way.
- The Company has a reasonable suspicion that the Service was used in money laundering or in a criminal activity, or was used for such purposes.
- Other circumstances which are difficult to allow according to social norms; other situations which are similar to the above.
- If a user who was notified by the Company of the suspended use has an objection thereto, the user may file an objection within seven days of receiving the notice. If no objection is filed within the given period, it shall be deemed that there are no objections.
- The Company shall immediately remove the suspension of the use if it is verified that the reason for the suspension of the use has been resolved during the period of the suspended use.
Article 11 No assignment The user may not assign or give the rights under these Terms and Conditions, to a third party, and may not use it for the purpose of establishing security interests.
Article 12 The intellectual property rights of the Integrated Services All intellectual property rights related to the Services provided by the Company and the Affiliated Company belong to the Company and the Affiliated Company respectively. The user is entitled to use only within the scope explicitly set forth herein and in the Detailed Instructions, and does not acquire any rights to it.
Article 14 Indemnification
- If the user suffers losses due to reasons attributable to the Company, the Company shall provide indemnification therefor. However, if the user is in breach of these Terms and Conditions or the Detailed Guidelines, or if the losses were caused intentionally or negligently by the user, the user may have to bear the losses entirely or partially.
- The Company does not have obligations and responsibilities to mediate or provide indemnification regarding disputes arising among the users, or between the user and a third party through the Service of the Company, unless there is a reason cause attributable to the Company.
- If the Company cannot provide the Service due to a natural disasters or other event of force majeure, the responsibility for the provision of the Service is exempted.
Article 15 Termination of the Use Agreement etc.
- The user may cancel the Use Agreement at any time by requesting membership withdrawal through the Company website, and may also request the Company for the membership withdrawal in writing, by phone etc.
- If a cancellation request is received from a user in accordance with the preceding Paragraph, the Company shall promptly limit the use of the Service by the said user.
- If the Company intends to terminate the Use Agreement, it shall notify the user by seven days prior to the cancellation, and give the user an opportunity to provide his or her feedback. The Use Agreement may be canceled immediately if an event in any of the following Sub-Paragraphs occurs.
- The user commits a serious act of illegality or misconduct contrary to the relevant laws, the Terms and Conditions, or the purpose of the Service.
- It is verified that the user applied for membership use in the name of another person, with false information or a false document.
- The user clearly expresses his or her intent to refuse to fulfill the obligations hereunder, or immediately agrees to the process of the membership cancellation.
- The Company may not accept the membership application for a certain period, after the user whose membership has been terminated applies for the membership again.
Article 16 The governing law and the court of jurisdiction
- The interpretation and application of these Terms and Conditions shall be based on the laws of Korea.
- If there is a disagreement or a dispute between the Company and the user regarding the use of the Service, it shall be resolved amicably by an agreement between the Company and the user. If a lawsuit has to be filed because it is not resolved amicably, the court of the jurisdiction shall be determined according to the Civil Procedure Act, with the laws of Korea as the governing law.
- Notwithstanding Paragraph 2 of this Article, for a member who has an address or a residence abroad, the Seoul Central District Court shall be the court of the jurisdiction.
Supplementary rules <November 3, 2021> These Terms and Conditions shall enter into force on November 3, 2021.
Supplementary rules <April 28, 2022> These Terms and Conditions shall enter into force on April 28, 2022.