Online Artworks Streaming Service Terms and Conditions

 

Last updated: (Apr 30, 2021)

 

 

 

Chapter 1: General Provisions

 

Article 1. Purpose

 

The purpose of this Terms and Conditions made in relation to the Member’s(subscriber) use of “Polestarart Online Artworks Streaming Service” (hereinafter referred to as the “Service”) provided by SNTNet Co., Ltd. (“Company”), is to stipulate essential matters between the Members and the Company such as rights, obligations and responsibilities as well as the requirements and procedures for the use of the Service.

 

 

Article 2. Effect and Change of the Terms and Conditions

 

2.1.   The Company will post or announce this Terms and Conditions within the Service or on the websites related to the Service. This Terms and Conditions will have effect on anyone who agrees, signs up to the Service, and becomes a Member of the Service.  In addition, if the Company makes a contract with an overseas right holder etc. and the Service becomes available in the relevant country, this Terms and Conditions will also be effective for all Members who wish to use the Service in that country.

2.2.   The Company may change this Terms and Conditions if deemed necessary, and in case of any changes, the Company will inform or notify the Members at least 7 days prior to the effective date, in accordance with the method specified in Chapter 4, Article 19 hereof. However, in the case of any changes to significant regulations regarding limiting the rights or imposing obligations to the Members, the Company will inform or notify the Members at least 30 days prior to the effective date, through the method stated above.

2.3.   Unless one explicitly refuses to accept the aforementioned modification by the effective date of change after the Company clearly informs and notifies the Members as described above, the Company shall assume the agreement of all Members. Anyone who does not agree to the revised terms of the Service may discontinue to use the Service and terminate this Terms and Conditions.

2.4.   In principle, this Terms and Conditions is effective from the date on which the Member agrees hereto until the Member withdraws from the Membership. However, some provisions of this Terms and Conditions may still be effective even after the withdrawal.

 

 

Article 3. Additional Terms

 

3.1.   Any matters not specified in this Terms and Conditions will be subject to the relevant laws and regulations including but not limited to The Telecommunications Basic Act, the Telecommunications Business Act, the Laws regarding the Promotion of Information Network Use and Protection of Information, the Laws on the Protection and Use of Location Information, the Consumer Protection Law in Electronic Commerce, and the Guiding Principles for the Service set forth by the Company.

3.2.   If necessary, the Company may settle the articles on particular Services(hereinafter referred to as the “Individual Services”), and inform or notify them to the Members in accordance with the method of section 2.2.

3.3.   If necessary, the Company may establish the Guiding Principles related to the use of the Service and inform or notify them in accordance with the method of section 2.2.

3.4.   In accordance with the Company's policy changes regarding this Terms and Conditions, the enactment or amendment of laws, and the announcement or guidelines from public institutions, any matter that the Company announces through the bulletin board of the Service-related website is also considered a part of this Terms and Conditions.

 

 

Article 4. Definition of Terms

 

4.1.   The Terms herein shall be defined as follows:

a) “Service” refers to the “Polestarart Online Artworks Streaming Service” for TV, and also refers to the Service prescribed in Article 9 hereof.

b) “Member” refers to all customers who have agreed to this Terms and Conditions through the Service website and the procedures requested by the Company.

c) “ID” refers to a combination of alphabetic characters and numbers set up by the Member and approved by the Company. It is used for Member identification and the Member’s use of the Service.

d) “Password” refers to a combination of letters and numbers set by the Member for the protection of the Member’s personal information.

e) “Administrator” refers to a person appointed by the Company for the overall management and seamless operation of the Service.

f) “Partner” refers to an organization that, under a contract with the Company, provides various information(including advertisements) and benefits, coupons and deals to Members through the Service.

g) “TV App” refers to an application which can be installed on TV and allows the Members to use the Service on their own TV.

h) “Service Suspension” refers to any suspension or restriction on the use of the Service for a certain period of time, in accordance with certain conditions set forth by the Company.

4.2.   The definitions of terms used in this Terms and Conditions follow the relevant laws and regulations and guidelines for the Individual Services, except for those specified above.

 

 

 

Chapter 2: Service Agreement

 

Article 5. Formation of Agreement

 

5.1.   The Company shall deem the person who intends to use the Service(hereinafter, the “User”) to have agreed to the Service Agreement, when the User selects the “Agree” button to the Terms and Conditions presented on the Service-related website or TV App.

5.2.   The Service Agreement shall come into effect after the Company approves the User's registration for the Service Use which includes the Agreement to the Terms and Conditions as described in the preceding paragraph.

 

 

Article 6. Registration for the Service

 

   Registration for the Service is a procedure performed by a User to use the Service as a Member. For the Registration, the User shall agree to the Terms and Conditions presented at the initial execution of the Service.

 

 

Article 7. Approval of the Registration

 

7.1.   The Company shall approve the User's Registration for the Service Use pursuant to Article 6 hereof.

7.2.   Upon the approval of the Company for the User's Registration, the User shall be converted to a Member of the Service.

7.3.   In case the Member wishes to subscribe to any Service that requires a flat-rate subscription fee, the Member will be suggested to confirm the pertinent subscription, and then directed to the payment process.

 

 

Article 8. Limitation on the Approval of the Registration

 

The Company may withhold/refuse its approval on the Registration provided that:

8.1.   User attempts to register by using a third party’s name, and by performing authentication for common certificates, credit card, and SMS without the device owner’s permission.

8.2.   Member fails to pay the regular subscription fee for the Service Use.

8.3.   Service is unavailable due to technical issues and the Company’s business affairs.

8.4.   User miswrites or omits some personal information upon Registration. 

8.5.   Agreement procedure pursuant to the Company’s guidelines for the Service installment and sign-up is not completed.

8.6.   Member’s qualification is suspended. However, the Service Suspension is exempt when the Member obtains approval for re-registration after 3 months from the date of suspension.

8.7.   Member whose qualification has been suspended attempts to arbitrarily terminate and re-enter the Service Agreement within the period of such regulatory measures.

8.8.   Registration is made for the purpose of impeding social order or public morals.

8.9.   Company finds that there is any responsibility issue of a Member, that the Registration requirements set by the Company are not satisfied, or that the Registration is in a way that is illegal or unfair.

 

 

 

Chapter 3: Use of the Service

 

Article 9. Contents of the Service

 

The Company shall provide the following Services to Users or Members.

9.1.   Services that display various artwork images online.

9.2.   Services that provide various user functions.

9.3.   Services that allow the Members to use and manage coupons and deals that they have legally acquired from the Company or Partners, or by other means.

9.4.   Services such as notifications and recommendations, including the offers of coupons according to the usage record.

9.5.   Services provided through the Service-related website, that the Company presumes to be conforming to the essence of the Service and enhance the Members’ convenience.

 

 

Article 10. Initiation of the Service

 

10.1.   The Company shall start providing the Service immediately after the User agrees to this Terms and Conditions and the Company approves the User’s Registration. The User may use some additional(optional) Services specified by the Company without making a payment, but under restrictions according to the Company’s policy.

10.2.   When the initiation of the Service is unavailable due to technical issues and the Company’s business affairs, the Company shall notify the pertinent matter through the Service-related website or directly to the Members.

10.3.   The Members can use all contents provided in the Service with or without charge, and some Services may require an additional payment procedure in accordance with the Company's policy.

10.4.   Information and guidance for the Individual Services within the Service will be posted on the Individual Service page.

 

 

Article 11. Warranty

 

11.1.   The Members shall take responsibility for the contract established between the Member and the Company and the information provided by the Member.

11.2.   In principle, the Company shall provide the Members every content of the Service with or without charge. For the Individual Services which require fees per the Company's policy, the Company will establish additional policies and inform the Members in advance. Members may then use the charged Services accordingly.

 

 

Article 12. Service Usage Hours  

 

12.1.   The use of the Service is available 24/7/365. However, upon the occurrence of technical issues or the Company’s business affairs, as well as network instability, the Service Use may be suspended for a period determined by the Company. In this case, in principle, the Company will notify the Members in advance the occurrence of suspension and its duration. In case of an urgent or unavoidable circumstance in which the matter cannot be notified in advance, it will be notified immediately afterwards.

12.2.   The Company may divide the Service into units of Individual Services and determine the usage hours for each Individual Service. In this case, the Company will post the pertinent notification on the Service-related website.

 

 

Article 13. Modification and Suspension of the Service

 

13.1.   The Company may modify the Service. In this case, the Company shall notify or announce the Members or the Users about the modification and its effective date in the method prescribed in Article 19.

13.2.   If a case falls under any of the following subparagraphs, all or part of the Service shall be restricted or suspended by the Company.

a) Equipment maintenance of the Service is necessary.

b) A Member intentionally repeats the cycle of registration and termination of a specific Service within a certain period of time, thereby interfering with the Company's normal business and Service operation.

c) Service disruption due to blackout, equipment failure, or traffic overload.

d) The Company can no longer maintain the Service due to changes in circumstance including termination of the contract with the Partner(contents provider).

e) The Company can no longer maintain the Service due to exceptional matters including modification and suspension of the Service.

f) Natural disaster, national emergency, or other force majeure events.

13.3.   Service suspension due to any of the preceding causes will be notified to the Members in the method prescribed in Article 19. However, the Company may not be able to make a prior notification when the cause is beyond the Company’s control(ex. Technical failure or system down without the Company or Administrator’s negligence).

13.4.   The Company shall not assume liability for any problems arising from the modification or suspension of the Service pursuant to this Article, unless it is by intention or negligence.

 

 

Article 14. Posting of Information and Advertisements

 

14.1.   The Company may post notifications related to the operation of the Service on the Service page and the Service-related website, or send notifications via text message, e-mail, and smart push, etc.

14.2.   The Company may post various information and advertisements related to the operation of the Service on the Service page and the Service-related website, or with the Member’s consent, send the foregoing via mail, e-mail, text message, and telemarketing, etc.

14.3.   It is solely a matter between the Member and the Advertiser that a Member communicates or makes a transaction with an Advertiser by using the advertisement posted on the Service or participating in the Advertiser's promotional activities displayed in the Service. Therefore, in the event of any dispute between the Member and the Advertiser, the Parties concerned are responsible for the dispute settlement, and the Company shall take no liability in this regard.

 

 

Article 15. Suspension of Postings

 

15.1.   If a case falls under any of the following subparagraphs regarding the Members’ postings, the Company can suspend or delete the pertinent post and its transmission without prior notice, and the Company bears no responsibility for this.

a) Defame or injure the Company, another Member, or a third party

b) Disseminate to others any information against public order and/or good morals

c) The act of posting is recognized to be associated with a criminal act

d) Violate other rights of the Company or a third party including copyright

e) The posting period exceeds that of which the Company stipulated in accordance with the guidelines specified in 15.2.

f) Post unnecessary or unauthorized advertisements or promotional materials

g) Violate other relevant laws, Company’s guidelines, and this Terms and Conditions

15.2.   The Company may set forth specific guidelines related to postings, and the Members shall post or delete various materials accordingly.

 

 

Article 16. Intellectual Property Rights of Posts

 

16.1.   The Members are liable for copyright and other relevant responsibilities for the posts they created and uploaded within the Service, and the Company may publish or use such posts within the Service for its promotion.

16.2.   The Company shall have no civil and criminal liability for the case that the posts uploaded in the Service by the Member infringe on copyright or other intellectual property rights of any third party. The relevant Member shall make an effort to indemnify and hold the Company harmless from any objection or claim for damages which arise as a result of the Member’s infringement on the aforementioned. If the Company is not indemnified thereof, the Member shall assume responsibility for every damage incurred to the Company.

16.3.   The Company may delete the posts uploaded by the Member upon termination of this Terms and Conditions, either by the Member or due to a legitimate cause. If the Member's post contains any content that violates laws and regulations including the Laws on the Promotion of Network Use and Protection of Information and the Copyright Act, the relevant right holder can request the Company the suspension or removal of the corresponding post, pursuant to the procedures set forth by the relevant laws and regulations. The Company shall take measures thereof in accordance with the relevant laws and regulations.

16.4.   The Company shall not, without the Member’s consent, use any posts uploaded by the Member for any other purpose other than the use within the Service. However, when reporting or broadcasting the posts through the press and various media for the purpose of promoting the Service, the Company shall seek the Member’s consent in advance.

16.5.   The Company may delete the posts uploaded by the Member upon the Member’s withdrawal from the Service or upon termination of this Terms and Conditions due to a legitimate cause.

16.6.   The copyright for any copyright works by the Company belongs to the Company.

16.7.   The Members shall not process or sell any information posted in the Service or make it available to a third party for commercial purposes. Infringement on the copyright of posts is subject to relevant laws and regulations.

 

 

 

Chapter 4: Obligation of Contracting Parties

 

Article 17. Obligation of the Company

 

17.1.   The Company will not, without the Member’s consent, provide, disclose, transmit, or distribute to a third party any Member’s personal information gathered for the Service Use unless an authorized person requests such personal information through a legitimate procedure in accordance with relevant laws and regulations.

17.2.   The Company may create and use a statistical data on the personal information of all or part of the Members without prior consent for the purpose of improving the Service and customer satisfaction.

17.3.   The Company shall promptly handle any Member’s complaint in relation to the Service. If prompt handling is unlikely, the Company will post the reasons and the processing schedule on the Service-related website, or directly send notifications to the relevant Member via e-mail or text message.

17.4.   The Company will assume liability for any damage to the Member that arises from the Company’s intention or negligence regarding the Service Use. The scope of the liability is limited to general damages.

17.5.   The Company will abide by relevant laws and regulations regarding the operation and maintenance of the Service.

 

 

Article 18. Obligation of the Members

 

18.1. The Members must not perform any of the following activities in the use of the Service.

a) Enter false information while registering or modifying the Service Use, and appropriate or unjustifiably use other Member’s information    

b) Copy, distribute, or commercially use the Company’s information obtained by using the Service, without the Company’s prior consent

c) Use the artwork images downloaded from the Service or provided through image streaming within the Service for purposes other than private use; play the acquired contents in public spaces or profit-based sites

d) Violate other rights of the Company or a third party including intellectual property right

(This includes the acts of infringement on a third party’s copyright etc., by accessing the Service-related sites through the means that intentionally deceives the Company, even after the Company has taken technical measures such as blocking IP access to prevent the infringement of the rights of others.)

e) Register, circulate, or connect(link) computer viruses to cause malfunction of equipment, or destroy and disrupt information related to the Service

f) Transmit any information, in bad faith, that can interfere or impede a stable Service operation, or any commercial information against recipient’s explicit refusal of reception

g) Personate a false identity of other person or misrepresent the relationship with other person

h) Collect, store, or disclose other Member’s personal information

i) Circulate false information to provide oneself or others with proprietary benefits, or to damage others

j) Defame or injure other’s reputation

k) Upload lewd materials on the bulletin board or connect(link) harmful sites

l) Commit any speculative behavior or an act of gambling with property

m) Circulate any information to arrange prostitution or mediate lewd acts

n) Interfere other’s daily life by having utterance, sound, writing or video clip that arouses shame, revulsion or fear continuously reached to the aforementioned other person

o) Alter information posted within the Service

p) Transmit or publish any information (including computer program) prohibited by relevant laws and regulations

q) Upload a post, or transmit e-mail by disguising or personating any officer or administrator of the Company, or appropriating other’s name

r) Post or transmit via e-mail any material that contains software virus, other computer code, file or program designed to disrupt or destroy normal operation of computer software, hardware, and electronic communication devices

s) Harass other Member through stalking, etc.

t) Abuse the Company’s Service by repeating twice or more the act of registering and purchasing the Service and then terminating the Service within 1 month

u) Other illegal or improper acts

18.2.   All rights related to the Service including copyright and intellectual property rights are held by the Company. The Members have obtained the right to use the Service from the Company, wherefore they shall not interfere with the Company’s business, and must abide by the relevant laws and regulations, this Terms and Conditions, the guidelines and notifications posted within the Service, and announcements made by the Company.  

18.3.   The Members shall not engage in any commercial activities such as selling products using the Service, unless it is officially approved by the Company. In particular, the Company will bear no responsibility for any legal measures by relevant institutions in relation to hacking, profits from advertising, and business through lewd sites, and the Member must assume liability for the indemnification for any loss or damage incurred to the Company arising from the foregoing matters.

18.4.   In case the Member has performed any of the actions specified in 18.1, the Company may reclaim part or all of the additional benefits, restrict the use of Individual Services, terminate the Service Agreement, or claim for damages imposed on the Company.

18.5.   In case of taking measures specified in 18.4, the Company will notify the corresponding Member about the relevant measure in advance. If direct contact cannot be made with the Member or in case of emergency, the Company may take the action prior to the notification.

18.6.   The Member may make a plea against the Company’s actions pursuant to 18.4, and may immediately resume the use of the Service upon the Company’s acceptance of the plea.

18.7.   Even after the Company terminates the Service Agreement with the Member pursuant to 18.4, this Terms and Conditions will still be effective with respect to the completion of the contract of sale entered previous to the termination.

18.8.   When the Service Agreement is terminated pursuant to 18.4, the Company may not approve the Member’s re-registration.   

18.9.   The Member shall immediately update any changes of registered personal information. Even if the Company cannot provide a smooth operation of the Service or the Member is disadvantaged due to the inaccurate registration information, the Company may not bear any responsibility for the aforementioned.   

 

 

Article 19. Notification to the Members

 

19.1.   The Company may post notification for all Members on the Service page or the bulletin board of Service-related website, or deliver the notification via e-mail or text message.

19.2.   In case the Company makes notification to a number of unspecified Members, or if the notification is returned twice or more even if the notification is made through the Member’s registered contact information, the Company may replace the individual notification with the post on the Service page or the bulletin board of Service-related website for 7 days or more.  

 

 

Article 20. Protection of Personal Information

 

The Company will make every effort to protect the personal information of all Members, including the member registration information, pursuant to relevant laws and regulations. The protection of the Members' personal information is in accordance with relevant laws and regulations and the Company’s “Privacy Policy”. In particular, with the prior consent of the Member in accordance with applicable laws including the Promotion of Information Network Use and Protection of Information, the Company may provide the Member’s personal information to a third party, and the Company shall describe in detail the procedures and methods of the aforementioned in its Privacy Policy. Members are expected to agree with the Privacy Policy posted or announced via the Service website since it constitutes this Terms and Conditions.

 

 

Article 21. Provision and Entrustment of Personal Information

 

21.1.   The Company may provide the Member's personal information to Partners in accordance with applicable laws for the provision of the Service.

21.2.   In principle, the Company shall manage the collected personal information and handle administration affairs (hereinafter, the “Affairs”) on its own, but if necessary, the Company may entrust some parts or all of the Affairs to a third party.

21.3.   The Company shall not use the Member's personal information for purposes other than the provision of the Service, or provide it to any third party without the Member’s prior consent, except for the following cases.

a) The personal information of an unidentified Member is provided for preparing statistics, academic research, and market research

b) Applicable laws permit the use and provision of personal information of the Member to a third party

 

 

 

Chapter 5: Termination of the Service and Limitation on Use

 

Article 22. Termination of the Service and Limitation on Use

 

22.1.   The Member may terminate the Service Agreement at any time by notifying the Company of their intention of termination. However, the Members shall complete, withdraw, or cancel all transactions in progress (activity points, etc.) provided in the Service prior to notifying the intention of termination, and shall assume liability for any disadvantages arising from the withdrawal or cancellation of the transactions.

22.2.   The Member bears any disadvantages caused by Membership withdrawal, and upon the termination of the Service Agreement, the Company may reclaim the various additional benefits the Company provided to the Member. 

22.3.   To prevent the Members from illegal and expedient acts such as exploiting financial benefits(discount codes and event privileges) provided by the Company by repeating arbitrary termination and re-registration, or appropriating another person's name, the Company may store the Member’s personal information for 3 months from the withdrawal, including the Member’s ID, name, Connecting Information(CI) acquired from verification facilities, Duplicate Subscription Identification Information (DI), and the withdrawal date and its conditions.

22.4.   If the Users or the Member fails to fulfill the obligations prescribed in Article 18 hereof, the Company may immediately terminate the Service Agreement or suspend the provision of the Service without prior notice.

22.5.   The Member who has never used the Service for 1 year since the registration will be asked if he/she wishes to continue the use of the Service, and if there is no response made within the duration set by the Company, the Company may take action in accordance with relevant laws and regulations.

22.6.   With respect to the Company's measures stipulated in 22.4 and 22.5, the Member may file an objection by following the procedures set by the Company.

22.7.   In case the objection presented by the Member is deemed justifiable, the Company shall immediately resume the provision of the Service for the relevant Member.

 

 

Article 23. Prohibition of Transfer

 

The Member shall not transfer, donate, or provide as collateral to a third party the right to use the Service or any other rights under this Terms and Conditions.

 

 

 

Chapter 6: Indemnification for Damage

 

Article 24. Indemnification for Damage

 

24.1.   The Member who has incurred damage to the Company in violation of this Terms and Conditions shall compensate for any damages incurred to the Company. 

24.2.   Provided that the Company receives a claim or is filed a lawsuit for damages from a third party other than the Member, arising from the Member’s illegal acts or acts against this Terms and Conditions while using the Service, the relevant Member shall indemnify the Company at one’s own responsibilities and expenses, and in case the Company is not indemnified, the Member shall compensate for any damages incurred to the Company. 

 

 

Article 25. Disclaimers

 

25.1.   When the Company is unable to provide the Service due to natural disaster or force majeure equivalent thereto, it shall be exempted from the responsibility to provide the Service.

25.2.   The Company shall take no responsibility for any service error due to reasons not attributable to the Company.

25.3.   The Company shall not be held liable in that the Member has failed to achieve or lost profits expected by using the Service, and also for any damages caused by using information obtained through the Service. In addition, the Company takes no liability for the reliability and accuracy of any information, data, and facts posted by the Member on the Service page or Service-related website.

25.4.   The Company has no obligation to intervene in the event of a dispute between the Members or between a Member and a third party with respect to the Service, and the Company assumes no responsibility to compensate for any damages arising from the dispute.

25.5.   The Company does not bear any responsibility for any damages caused by the Member leaking or providing his/her personal information to others.

25.6.   The posted opinions of the Partner or the Member are completely irrelevant to the opinions of the Company, and the Company bears no responsibility for any information provided by the Partner or the Member.

25.7.   The Company will not intervene in any transaction between the Member and the Partner connected through a link or a banner on the Service page, and will not assume any liability for such transaction.

 

 

Article 26. Competent Court

 

26.1.   In case of any disputes arising out of or related to the use of the Service between the Company and the Member, the Parties concerned shall faithfully consult with each other to resolve such issues. If the dispute is not settled, the Parties may apply for dispute mediation to the Content Dispute Resolution Committee, in accordance with the Contents Industry Promotion Act.

26.2.   If the dispute is not resolved even with the measures aforementioned, both Parties may file a lawsuit to a competent court under the Civil Procedure Act.

 

 

Article 27. Additional Provision

 

Enforcement Date: July 1, 2020