The purpose of these terms of service (hereinafter the “Terms of Service”) is to provide for the rights, obligations, and liabilities of Hancom Talkafe Co., Ltd. (hereinafter the “Company”) and the Members and other necessary matters in connection withuse of the Talkafe serviceprovided by the Company.
- 1. Terms used hereinshall be defined as follows.
- ①. The term “Service” refers to that Talkafeservicewhich a Member can use–regardless of the deviceused (including various wired/wireless devices such as PC, TV, or mobile device).
- ②. The term “Member” refers to any customeraccessing the Company’s Service, who enters into a service contract with the Company and uses the Serviceunder the Terms of Service.
- ③. The term “Talkafe Account” refers to any emailaddress-based and password-based login accountto usethe Service. There must be a Talkafeaccounttouse of the Service.
- ④. The term “Paid Service” refersto various digital contentand services provided by the Company for a price(e.g., emojis, themes, game coupon).
- ⑤. The term “In-App Purchase” refers to an act of paymentto purchase digital content, etc. in the Service.
- ⑥. The term “Open Market Operator” refers to any e-commerceproviderenabling installation of the Company’s service and payment therefor, including any operator providing in-service payment (e.g., Google Play, Apple AppStore, T Store, Olleh Market, Uplus AppMarket).
- ⑦. The term “Posting” refers to any information-type text, photo, video,file,and link (e.g., sign, letter, voice, sound, picture, image, video) posted by a Member on the Service when using the Service.
- ⑧. The term “Content” refers to unique work such as videos,emojis,or characters provided by the Company to the Membersthroughthe Service.
- 2. Definition of terms used herein, except for those in Paragraph 1, shall be governed by the applicable laws and other general commercial practices.
Article 3 (Posting and amendment of Terms of Service)
- 1. The Company shall postthe Terms of Service, its name, place of business (location), president (name), business registration number, contacts (e.g., phone, fax, email address), etc. in the main screen of www.talkafe.net (hereinafter the “website”), so that the Members can be aware of them. However, the Members can look up specifics of the Terms of Servicethrough a link on the screen.
- 2. The Company, to the extent not violating applicable laws such as the Terms of Service Regulation Act, the Act on Promotion of Information & Communications Network Use and Protection of Information (hereinafter the "Information & Communications Network Act"), or the Act on Protection and Use of Location Information, may amendthe Terms of Service.
- 3. When intending to amendthe Terms of Service, the Company shall make announcement, along with the current Terms of Service, from 7 days before the effective date of the amendment until the date immediately before the same by using the method of Paragraph 1. This announcement shall specify the effective date and reason for the amendment. For an amendment that is disadvantageous to the Members, the announcement shall be made 30 days before the effective date, and in additionthereto, a separate, express notice shall be made for a certain periodthroughelectronic means (e.g., in-Service emails, electronic messages, pop-ups at login).
- 4. A Membershall be deemed to consent to the amended Terms of Servicewhen continuing to use the Company’s Service after the effective date announced under the previous paragraph. A Membernot consenting to the amendment may at any timefreelyterminatethe contract for the Service. A Memberusing Paid Service, who does not consentto the amendment and terminates the contract for the Service, shall be governed by the refundpolicyprescribed by the Company.
Article 4 (Interpretation of Terms of Service)
- 1. For Paid Service and individual services, the Company may establish separateterms of service and policies (hereinafter "Terms of Paid Service").If the separate terms of service and policies differ from the Terms of Service, then the separate terms and policies shall prevail.
- 2. Matters not prescribed hereinor interpretation hereof shall be governed by applicable lawsand commercial practices.
- 3. In the sale of digital content or tangible goods, separateterms of service and personal information handling policy shall be posted on the relevant page, which shall prevail over the Terms of Service.
- 4. For users’ convenience, theTerms of Service shall be providedin Korean, English,and certain other languages. If any translation hereof differs from the Korean language version, then the latter shall prevail.
Article 5 (Membership subscription)
- 1. Membership subscription shall be completed when anyone intending to become a Member (hereinafter“Membership Applicant”), in the initial execution of the Service client, makesentries in the TalkafeAccount, consents to the Terms of Service, and then finishes the number verification procedure, thus applying for membership subscription, and the Company accepts such application.
- 2. A Member shall usehis/her email address and password as the accountverification/identification information pursuant to the Terms of Service.
- 3. The Company shall accept a Membership Applicant’s application for use of the Service, in principle. However, the Companymay refuse to accept the following applications or terminatethe service contract subsequently.
- 4. If a Membership Applicant has formerly lost Talkafe membership under theTerms of Service, unless he/she has obtained the Company’sacceptance of Talkafe membership re-subscription
- ①. Uses another person’s name
- ②. Statesfalseinformation or fails to state matters required by the Company
- ③. Anyone below 14 years of age fails to obtain consent of his/her legal representative(e.g., parents) (Applicable when it is found that the relevant person is below 14 years of age.)
- ④. An application cannot be accepted due tothe user’s faultor is otherwise in violation of various provisions
- ⑤. Intendsto usethe Service for the purpose of pursuing unjustifiable use or profit
- ⑥. Makes an application for any purposewhich could violateapplicable laws or harm social peace/order or good morals
- ⑦. Ifan application violates the Terms of Service, is confirmed to be illegal, or is unjustifiable orif the Company reasonably decides it necessary to do so
- 1) In regardto application under Paragraph 1, 2, or 3, the Company may demand real-name verification and identity verification by a specialized institution, according toMember type).
- 2) If there is no extra service equipment or if there is any technical or operational problem, then the Company may withhold acceptance of the application.
- 3) The Company, in principle, shall notify a Membership Applicant of its refusal or withholding of a membership subscription application under Paragraph 4.
- 4) The Company, per its policy, may divide the Members into several classes and differentiate their useof the Service in terms of time of use, number of use, service menu, etc.
- 5) The Company, to comply with ratings and ages under the Act on Promotion of Motion Pictures and Video Worksand the Youth Protection Act, may restrictthe Members’ use of the Service or impose by-rating restrictions.
Article 6 (Changes in Member’s information)
- 1. A Member may at any timeview and correct his/her personal information on the My Profile screenin the Service. However, any device ID or IMEI, phone number, or IDnecessary for Service managementcannot be corrected.
- 2. If there is any change in the mattersstated at the time of membership subscription, a Member shall make correction online or notify the Company of the change by email or other methods.
- 3. The Company shall not be liable for any adverse effect occurring from failure to notify it of the changes in Paragraph 2.
Article 7 (Obligation to protect personal information)
The Company shall endeavor to protectthe Members’personal information as prescribed by the "Information & Communications Network Act" and other applicable laws. Protectionand useof personal informationshall be governed by applicable laws and the Company’s Personal Information Handling Policy.
Article 8 (Member’s obligation to manage member ID)
- 1. A Member shall be responsible for managing his/her ID, and may not have a third partyuse it.
- 2. Ifa Member’s IDhas a risk of personal informationleakage, is anti-social or contradicts good morals, or could be mistaken for that of the Company or its personnel then the Company may restrict use of such ID.
- 3. A Member, when aware that his/her ID is stolen or used by a third party, shall immediatelynotify it to the Company and follow the Company’s directions.
- 4. In Paragraph 3, the Company shall not be responsible for any adverse effect occurring from the Member’s failure to notify the Company.Even when a Member is given notice, the Company is not liable for that Member’s failure to follow the Company’s directions.
Article 9 (Notice to Members)
- 1. Unlessotherwise prescribed by the Terms of Service, the Company may notifythe Members by in-Service emails, electronic messages, etc.
- 2. In regard tonotices to all Members, the Company may substitutenotices under Paragraph 1 withpostingson the "announcements" screenon its website or in the Service for 7 days or more.
Article 10 (Company’s obligations)
- 1. The Company may not commit an act prohibited by applicable laws or the Terms of Service or contradicting good morals. The Company shall do its best to provide Service continuously and stably.
- 2. So that the Members can usethe Service safely, the Company shall be equipped with a security system to protect personal information (including credit information)and announce and comply with the Personal Information Handling Policy.
- 3. When recognizing that an opinion or complaint raised by a Member concerning use of the Serviceis justified, the Company shall handle it. In regard to an opinion or complaint raised by a Member, the process and result of its handlingshall be notified tothe Member using the bulletin board, email, etc.
Article 11 (Member’sobligations)
- １. A Member may not do the following acts.
- ①. Making falseregistrationwhen applying for, or modifying, membership
- ②. Information theft from another person
- ③. Altering informationposted by the Company
- ④. Collecting personal or account information from another Member
- ⑤. Using the Service to transmit advertising information for monetary purposes, withoutthe Company’s prior consent
- ⑥. Copying, disassembling, imitating,or otherwise modifying the Service through reverse-engineering, decompiling, disassembly, etc.
- ⑦. Using the Servicein a method different from normal usage(e.g., using an automatic access programand thereby overloading the Company’sserver, interfering with the Company’snormal Service
- ⑧. Granting access authorities to a third party
- ⑨. Infringing on any intellectual property right (“IPR”), such as copyright, of the Company or a third party
- ⑩. Damaging the reputation, or interfering with the business, of the Company or a third party
- ⑪. Publishing or posting obscene or violent messages, pictures, voices, or other informationviolating public order and good morals in the Service
- ⑫. Using the Service for profit withoutthe Company’sconsent
- ⑬. Other illegalor unjustifiable acts
- ２. A Member shall comply with applicable laws, the Terms of Service, instructions for use,and precautionsannounced concerning the Service, the Company’s notices, etc., and otherwise may not commit any act interfering with the Company’sbusiness.
Article 12 (Provision of Service)
- １. The Company currently provides the Members with the following Service.
- ①. Messenger service
- ②. Social network service (SNS)
- ③. Mobile games
- ④. Anyother service newly developed by the Company or provided to the Members through an alliance contract with another company
- ①. To provide the Service, the Company may demand a procedure such as mobile phone-based identity verification or membership subscription.
- ２. The Company may divide the Serviceinto several parts and assign times of availabilityfor each. In that case, however, an announcement shall be made in advance.
- ３. In cases of maintenance, replacement,or malfunction of any information and communications equipment (e.g., computer), communications failure, or any reasonable operational ground, the Company may temporarily suspend provision of the Service. In that case,the Company shall notify the Members as prescribed in Article 9[Notice to Members]. However, if there is any unavoidable circumstance rendering the Company unable to give prior notice, a notice may be made afterward.
- ４. The Company, if necessaryfor provision of the Service, may conduct periodic checkup, and the times thereof shall be as announced on the Service screen.
Article 13 (Changes in Service)
- 1. When there is a reasonable ground (e.g., difficulty in smooth provision of the Service and deterioration in profitability due toreduced use, need for conversion into next-generation Servicesdue to progress in technology, change in the Company’s policy related to provision of the Service) andbased on operational and technical needs, the Company may modify or suspend the Service being provided in whole or in part.
- 2. The Company may correct, suspend, or modify free-of-charge Service, in whole or in part, as required by the Company’s policies and operations. Unless otherwise prescribed by applicable laws, no separate compensation shall be made to the Members.
- 3. If there is any change in the content of the Service, method of use, or time of useor there is suspension in the Service, then the Service to be changed or suspended and the reason and date thereofshall be announced through a method which the Members can sufficiently recognize(e.g., "announcements" screen in the Company’s website or Service, Talkafe message). These announcements will be made for a certain period before the change or suspension.
Article 14 (Provision of information and posting of advertisement)
- 1. The Company may post information related to running of the Serviceon the Service screen, Talkafe message, homepage, etc.
- 2. The Company may post its advertisements or those of a third party in the Service.
- 3. The Service could includeany service or content provided by another company partnering with the Company. The provider of the aforesaid service or content shall be responsible therefor, and such serviceor content could be governed by the terms of serviceor other terms and conditions prescribed by such provider.
Article 15 (Use and refundof In-App Purchase)
- 1. Digitalcontent (e.g., Emoticons, themes, game coupon) provided by the Company for a pricecan be sold through an Open Market Operator’s In-App Purchasefunctionaccording to device type. A Member may purchase digital contentpursuant totheOpen Market Operator’s payment policy.
- 2. The Company shall not be liable for a third party’s In-App Purchaseoccurring from a Member’s failure to use the password-setting function of the device for the open market or negligent exposure of the same. The Company shall apply to the Servicemodules and libraries (for In-App Purchase subject to any verification procedure provided by the open market pursuant to the Korea Communications Commission’s recommendations and the Open Market Mobile Content Payment Guideline).
- 3. Refund shall be conducted pursuant to each Open Market Operator’s refund policy according to the type and operating systemof the device used for the Service.
- 4. Offer withdrawal (purchase cancelation) for any digitalcontentpurchased by a Member for a pricemay be made without a separate fee within7 days of the contract entry date or the digital content’s date of availability. When requested to perform refund on account of a Member’s justifiable offer withdrawal or payment cancelation, the Companyshall recover or deletethe digital contentpurchased by the Member, perform refundwithin3 business days of receiving the documents necessary for the refund, and conduct the cancelation procedure(e.g.,request for payment cancelation against Open Market Operator) under applicable laws such as the Act on Consumer Protection in E-Commerce. In the following cases, however, offer withdrawal (purchase cancelation) may be restricted.
- ①. If, after purchase of digital content, a Member begins to use it or it is applied to the Serviceand thus the Company cannot recover or delete digital content
- ②. If details of a Member’s In-App Purchase cannot be confirmed in the open market’s statement of payment, or if there is a violation of the open market’s refund regulation and thus the Company cannot perform refund
- ③. If indiscreet repetition of refund is made after the purchase, or if a request for refundfor the whole amount is made without due ground
- ④. In regard toIn-App Purchaseconducted throughmake-a-giftfunction, unless there is a defect, refund and offer withdrawal shall not be allowed. Refund due to defect of digital contentshall only be allowed for Memberssending the content as a gift, in principle.
- ⑤. If a minorconducts In-App Purchasewithouthis/her legal representative’s consent, the minor or legal representativemay cancelthe In-App Purchase. If a minor’s In-App Purchase is within the scopeof property whose disposal has been permitted by the legal representativeor ifa minor causes himself/herself to be seen as adultthroughfraud, etc., however, then cancelation shall be restricted. Whethera purchaser of digital content is a minor shall be decided based on the title-holder of the device by which the In-App Purchase was madeor of the means of payment (e.g., credit card). If a request for cancelation of minor’s payment is made, then documentary evidence for the minor and the legal representativeshall be submitted, depending on the Company’s need.
Article 16 (Copyright for Member’s Postings)
- 1. Copyright for any Postingposted by a Member in the Serviceshall be protected by the Copyright Act, and an open, perpetual license for use thereof as follows shall be provided to the Company in a lawful procedure and method. The license shall have the following scope.
- ①. For operation or improvement of the Serviceor development of new services, using, editing, storing, copying, correction, publishing, public performance, and public posting and distribution of the Posting, by the Company and its partner companies
- ②. Creation and distribution of secondary works for the Posting
- ③. For the purposeof PR for the Company’s Service, reporting and broadcasting of Postings by the media, news agencies, etc., with the relevant Member’s consent
- ④. The Company’s use of Postings as search results for the Service
- 2. In the Service, a Posting could includean editing function,allowing multiple Members to perform transmission, correction, or deletion. In that case, a Member shall be deemed to permit another Member’s use and editing of the former’s Posting.
- 3. The license shall survive termination of the service contract by a Member or under Article 19, to the extent necessary for enhancement, improvement, or PR of the Service, or for development of new services.
- 4. The Company,ifrequired by its policyon the Service or when integrating services it operates, may change/move the location of Postingswithout changing content thereof or have them shared by the services. Changing, moving, or sharing of Postingsshall be publicly notified in advance.
Article 17 (Managing Member’sPostings)
- 1. A Member’sPosting may not infringe on another person’s copyright without prior consent. If a Member’sPostingincludes content violating applicable laws such as the Information & Communications Network Act or the Copyright Act, then the right-holder may request that the relevant Posting be suspended or deleted by a procedure prescribed in applicable laws, and the Company shall take measures under applicable laws.
- 2. Detailed procedureunder this Articleshall follow the "service of request for suspension of posting"prescribed by the Companysubject to the Information & Communications Network Act and the Copyright Act- service of request for suspension of post: www.talkafe.net
- 3. Even when the right-holder makes no requestunder the previous paragraph, in the following cases where there is a ground to recognize any infringement on the right or otherwise any violation of the Company’s policy or applicable laws, the Company may take measures such as refusing to post, or deleting, the relevant Posting under applicable laws. However, the Company shall not be obligated to review all Postings.
- ①. Violation of public order and good morals or the law, including obscene or violent content
- ②. Defamation of another person
- ③. Repeatedslandering, orhurting of the image, of the Company’s Service for any malicious purpose
Article 18 (Right-holder for the Service)
- 1. Copyright and other IPRsfor the Serviceshall belong to the Company, except for any Member’sPostings and works provided under a partnering contract.
- 2. Copyright and other IPRsfor all trademarks, service marks, and logosconcerning the Service provided by the Company(e.g., design of the Service provided by the Company, text, script, and graphics created by the Company, transmission function among the Members) are held by, owned by, or licensed to, the Company under the laws of the Republic of Korea (“ROK”) and foreign laws.
- 4. A Member, unless expresslyallowed, may not copy or distribute the functionof text, script, or graphics transmission created by the Company among the Members (including using, copying, or distributing any Member status information obtained through the Service for profit).
Article 19 (Membership termination)
- 1. Termination by Member
- ①. A Member may at any timeterminate the service contract throughthe set-up screen in the Service.
- ②. A Memberterminating the service contract under the previous paragraphmay re-subscribe to membership as prescribed by the Company.
- 2. Termination by the Company
- ①. In any of the following cases, the Company may terminate the service contract.
- 1) If a Member infringes on the right, reputation, credit or other justifiable interest of the Company, another Member, or a third party, or violates the law or public order and good morals of the ROK
- 2) If a Member encouragesdistrust of goodssold by the Companybased on unconfirmed claims
- 3) If a Member commits or attempts an act interfering with smooth provision of the Service
- 4) If the Company otherwise reasonably decides that provision of the Service needs to be refused
- ②. A servicecontractshall terminateat the time of the Company’s notice of termination to the Member. The Company shall notify its intent of termination, by email or phone registered by the Member or other methods.
- ③. If the service contract is terminated, then the relevant Member’sbelow-mentioned information shall be deleted and shall not be restored,even upon membership re-subscription.
- 1) My Profileinformation: Phone number, search ID, profile photo, dialogue name, message, etc.
- 2) Account: Talkafeaccount (email address)
- 3) Friendlist: All friends(blocked friends, hidden friends, added friends), recommended friends, etc.
- 4) Details of purchase: purchased items/goods, etc.
- 5) Giftbox: Gift purchased, gift received for free
- 6) Message: Content of dialogue, contentexchanged with friends, etc.
- 7) Any other informationset by users stored within the device
- ④. Liability for damagesoccurring in connection withservice contract terminationshall be borne by the Memberwhose service contract has been terminated. The Company shall not be liable.
Article 20 (Restriction on use of Service)
- 1. In any of the following cases, the Company may restrict use of the Service in stages (warning, temporary suspension, permanent suspension).
- ①. If a Member makes false registration when applying for membership
- ②. If a Member posesa threat to order in the e-commerce (e.g., interfering with another person’s use of the Service or stealing information)
- ③. If a Member commits an act prohibited by the law or the Terms of Service or conflicting with public order or good morals, by using the Company
- ④. If a Member, in purchasing Paid Service, arbitrarily manipulates payment information and thereby paysan amount below the normal price
- ⑤. If a Member indiscreetly repeats purchase and refund of Paid Service
- 2. Notwithstandingthe previous paragraph, in cases of violation of applicable laws, such as identity/payment theft violating the Resident Registration Act or illegal communications, hacking, or malicioussoftware use or distribution violating the Copyright Act or the Act on Promotion of Information & Communications Network Use and Protection of Information, the Company may immediatelyimpose permanent suspension of use.
- 3. For use of Service to be restricted under this Article, the relevant Member shall be given a notice under Article 9 (Notice to Members), and may be granted an opportunity for defense before cancelation of the Talkafe membership registration. If the Companyregards the Member’s objection as justified, then the Company shall resume the Member’s use of the Service.
Article 21 (Limitation on liability)
- 1. The Company shall not be liable ifthe Service cannot be provided due toa war, upheaval, act of God, emergency, technical defect which cannot be resolved by existing technology, or any other force majeure event.
- 2. The Company shall not be liable for the reliability or accuracyof any information, data, or factual statement posted by the Member in connection with the Service.
- 3. The Companyshall not be liable if a transactionis conducted, via the Service, among the Members or between a Member and a third party.
- 4. The Company shall not be liable for the use of any free-of-chargeService, unless otherwise prescribed by applicable laws.
- 5. The Company shall not have any obligationor responsibility (to monitor content or quality of products or goods (advertised by a third party in a Service screen or linked website)).
- 6. The Company and its employees and agents shall not be liable for the following damages.
- ①. Damagesoccurring from false or inaccurate Member status information
- ②. Personal damagesoccurring from accessto, or use of, the Service, regardless of the nature or circumstance thereof
- ③. Damagesoccurring from a third party’s illegal access to, or use of, a server
- ④. Damagesoccurring from a third party’s illegal interference with, or suspension of, transmission to or from a server
- ⑤. Damagesoccurring from all viruses, spyware, or other malicioussoftwarewhich a third party illegally transmitsor distributes or causes such damage, by use of the Service
- ⑥. Damagesoccurring from error, omission, or destruction of any transmitted data
- ⑦. Variouscivil/criminal liabilities due to defamation or any other illegal act, among the Members, occurring in the process of registration of Member status information or use of the Service
Article 22 (Overseas use of Service)
When a Member intends to use the Service outside the territory of the ROK, the Company shall not guarantee quality or availability of the Service. Thus, in order to use the Service outside the territory of the ROK, that Member shall decide whether to use it at his/her own judgment and responsibility. The Members shall also be responsible for complying with local laws in the process of using the Service.
Article 23 (Governing laws and jurisdiction)
TheTerms of Service shall be governed and construed in accordance with the laws of the ROK, and any lawsuit arising out of a dispute between the Company and a Membershall be subject to the jurisdiction of the Seoul Central District Court.
Announcement Date: November 13, 2016
Effective Date: November 20, 2016