K-CINEMA LIBRARY

Chapter 1 General Provisions

Article 1 (Purpose)

The purpose of these Terms of Service (“TOS”) is to define terms and procedures for the use of Internet services (herein after referred to as “Services”) provided by KOFIC. (hereinafter referred to as the “Provider”) according to the Telecommunications Business Act and Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

Article 2 (Definitions)

1. The following expressions used herein shall have the
following meanings:

1. (1) “Member(s)” means those who have made a contract with the Provider for its services and received a Username.
2. (2) “Username” means the letters, numbers, or combination thereof chosen by the “Member(s)” and approved by the Provider for purposes of identification and use of Services.
3. (3) “Password” means the letters, numbers, or combination thereof chosen by the “Member(s)” to protect their privacy and verify identification of the Members.
4. (4) “Operator” means the person appointed by the Provider for operation and management of the Service.
5. (5) “Termination” means the Provider or the Member(s) terminates the contract for the Service.

2. The definitions of the TOS shall have the same meanings as in the related laws and service guidelines, except for the definition stipulated herein.

Article 3 (Effectiveness and amendment to the TOS)

1. The TOS shall be effective immediately upon notification via E-mail or otherwise made available via Koreanfilm.or.kr Sites.
2. The Provider may amend the TOS without prior notice when there is a reasonable ground and the amended TOS shall serve the same purpose as stated in Article 1 above.
3. If Members do not agree to the amended TOS, they can terminate their membership. Members’ continued use of the Service after any such change represents their agreement to the amended TOS.

Article 4 (Guidelines other than TOS)

1. The TOS apply along with the guidelines that the Provider provides for each individual service (herein after referred to as “service guidelines”)
2. Any terms not stated in the TOS will be governed and construed pursuant to the purpose of services guidelines and the related laws and regulations including the Framework Act on Telecommunications, Telecommunications Business Act.

Chapter 2 Service Contract

Article 5 (Conclusion of Service Contract)

1. By clicking “I Agree” during the membership registration process, it is assumed that the applicant agrees to the TOS.
2. A service contract is concluded when the Provider approves the consent of the applicant to the TOS.

Article 6 (Subscription)

1. Subscription is completed when the applicant fills out an application form provided by the Provider.
2. The information given in the online application is regarded as real data. If the provided information is untrue or inaccurate, the applicant may be restricted from using the Service and legal protection may not be applied.

Article 7 (Personal Information Protection Policy)

The Provider is making every effort to protect Member’s legal rights by posting Privacy Policy pursuant to Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. However, this Privacy Policy is subject to changes according to the laws of the Republic of Korea, and by the Provider in order to protect Member’s private information. Please read the Privacy Policy for more information.

Article 8 (Approval of the Subscription)

1. When Members register with accurate information as stated in Article 6, the Provider approves the membership in the order in which the applications were received.
2. The Provider reserves the right to defer the approval under the following circumstances until the matter is resolved:

1. 1. Insufficient service capacity;
2. 2. Technical infeasibility;
3. 3. For the Members who has lost his/her membership for his/her own faults. With an exception where Member is wanting for re-approval due to aforementioned case for at least six (6) months;
4. 4. At the Provider’s reasonable discretion.

3. The Provider may not approve an application for the following situations:

1. 1. When applicant doesn’t use his or her real name on the application form;
2. 2. When applicant uses another person’s name;
3. 3. When applicant fills out the application form incorrectly;
4. 4. When applicant uses the application in order to disturb the peace, order, and public morals; or
5. 5. When the application form is incomplete.

4. For case #2, and #3, the Provider shall notify applicants when it has decided to defer or deny the approval. However, the Provider may not notify the applicants of the deferment or disapproval without any fault of the Provider.

Article 9 (Change of Contract Information)

The members can read and modify their personal information through the “User Profile” page. The Members should maintain and promptly update their own information to keep it accurate, current and complete. The Provider shall not be liable for any loss or damages arising from Member’s fault to update their own data.

Chapter 3 (Each Party’s Rights and Obligations)

Article 10 (The Provider’s Obligations)

The Provider shall strive to provide members with consistent and stable services, and if there is a technical problem, the Provider shall fix the problem and restore service without delay. The Provider can cease and stop the service because of a natural disaster, war, or a force majeure event. Even in such case, the Provider shall strive to keep and to protect Member’s personal information.

Article 11 (The Member’s Obligations)

1. Member agrees not to use the Services:

1. 1. to illegally use another member’s Username, password, or personal identification number;
2. 2. to photocopy, duplicate, alter, publish or broadcast information obtained from Services and/or to provide the third person with it without prior consent of the Provider;
3. 3. to infringe intellectual property or other proprietary rights of any party;
4. 4. to disrupt public morals or public order by spreading information, text, or figures;
5. 5. to commit an act that is objectively linked to a crime; or
6. 6. to be against the related laws and regulations.

2. Member shall observe the TOS and Service guidelines and directions.
3. Member shall observe the restrictions on the use of the Services.
4. Member is banned from engaging in any commercial activities using the Services without prior approval from the Provider; and the Provider shall not be liable for any loss or damage arising out of the commercial activities while the Members who engaged in such activities shall be liable for any damages cause to the Provider.
5. Member shall not assign their membership or contractual status to others, nor shall he/she offer them as collateral.

Chapter 4 Use of Services

Article 12 (Range of the Services)

Member may use all of the Services with one Username issued by the Provider

Article 13 (Notice)

The Provider may provide you with notices by either E-mail or posting on Services.

Article 14 (Service Fees and Paid Information)

The Provider provides basic services for free, but certain services require fees as indicated.

Article 15 (Usage of Paid Information)

Member may use paid services after subscribing to such service according its Terms & Conditions.

Article 16 (Member’s Material)

If material that a Member has posted contains any of the following, the Provider reserves the right to delete, move, or refuse to register the material without prior notice, and the Provider has right to restrict or suspend membership.
1. Content disparaging other Members or third parties or damaging to the honor of others through slander
2. Content that runs counter to public morals or order
3. Content related to a criminal act
4. Content infringing on the rights of the Provider or others
5. Content that remains posted for a longer period than approved by the Provider
6. Illegal or obscene content or content which links to obscene sites
7. Content incompatible with the rules and purposes set by the Provider
8. Content that violates relevant laws and regulations
9. Content that may cause political or religious discords that interferes or may interfere with the Provider’s Services.
A Member whose rights have been infringed upon by the material or who learns out any material stated above can request such material to be suspended or removed. Upon such a request from a Member, the Provider may eliminate the material immediately or hold it temporarily for up to 30 days. In this case, the Provider notifies the Members by e-mail, phone or other reasonable means. The Member who posted the material can request that it be restored if the Member verifies his or her rights through the decision by a court or by an appropriate authority or through permission of the copyright holder during temporary holds.

Article 17 (Proprietary Rights)

1. Member who posts the materials owns all legal rights and responsibilities for the materials. The Provider has right to use the material for commercial purpose without poster’s consent, including posting on the Web site is not prohibited.
2. Members may not use the Services for commercial purpose. For example, Members may not modify, sell, distribute notices or create derivative works based on the Services in whole or in part.

Article 18 (Advertising & Business with Advertisers)

1. Some parts of the Services operate on revenues from advertising on the Web site. Members’ continued use of the Services represents their agreement to exposure to advertising.
2. The Provider bears no responsibility for any losses or damages incurred by Members as a result of their participation in any sponsor sales promotions posted on the Provider site.

Article 19 (Period of Use of Services)

1. In principle, Services can be used round the clock every day of the year, but Services can be temporarily suspended because of the Provider’s operational needs, repairs, check-ups of mechanical components, or malfunction.
2. The Provider may designate separate service hours for each category of the Services and announce them beforehand.

Article 20 (Responsibility for the Use of Services)

Unless there has been written permission signed by duly authorized representative of the Provider, the Members shall not use the material provided through the Services for commercial purpose including hacking, business activity through pornographic sites, advertising to make money, and distributing software illegally. The Provider bears no responsibility for any losses or damages incurred by Members as a result of the business activities against this provision.

Article 21 (Suspension of Services)

1. In the following cases, the Provider may restrict or suspend the Services:

1. 1. In the event of repairs, inspection, or replacement of equipment;
2. 2. Requests from key telecommunications service provider defined in Telecommunications Business Act;
3. 3. Force majeure.

2. The Provider has the right to restrict or suspend the Services in whole or in part in the event of national emergency, power failures, system malfunction, or congestion of service use. 3. The Provider may, in its sole and absolute discretion, revise or suspend free Services in whole or in part and Members are not entitled to any compensation for such change unless relevant laws and regulations require otherwise. 4. The Provider shall notify Members of the reason and the period of the restriction or suspension without delay when it decides to do pursuant to the clauses above.

Article 21 (Restrictions on the Use of Services)

1. In the following cases, the Provider may restrict or terminate the access to the Services in whole or in part by giving warning, deleting Usernames or materials, restricting or suspending membership pursuant to the TOS.

1. 1. Distributing, selling, or displaying obscene material in the form of symbols, text, music, or video
2. 2. Damaging or insulting the honor of others by spreading false information
3. 3. Infringing on intellectual property rights including copyrights
4. 4. Posting or otherwise providing access to symbols, text, music, or videos that arouse anxiety or fear
5. 5. Damaging, changing, forging, or obstructing the system, data or programs without proper reasons
6. 6. Committing an illegal act such as a gamble
7. 7. Revealing national security secrets
8. 8. Committing an act banned by the National Security Act
9. 9. Aiding or abetting criminals
10. 10. Committing an act objectively linked to a crime
11. 11. Committing an act that runs counter to the terms set by the Provider including the TOS.

2. In the following cases, the Provider may delete, move materials, or refuse to register materials without prior notice.

1. 1. The material related to acts listed in the first clause of Article 21
2. 2. The material remains posted for a longer period than approved by the Provider
3. 3. A request is received from a related authority such as Korea Communications Standards Commission.
4. 4. The material runs counter to relevant laws and regulations.

3. The Provider prepares Guidelines for Faulty Users to deal with faulty users mentioned in the first and second clauses of Article 21. 4. When specific restrictions on Services are not stated, relevant laws and regulations including Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Telecommunications Business Act, and Juvenile Protection Act and business usage shall apply.

Chapter 6 Withdrawal of Membership and Limiting Access / Handling of Complaints

Article 22 (Withdrawal of Membership and Limiting Access)

1. Members may terminate membership at any time by submitting an online withdrawal request. In this case, the Provider shall comply with the request as soon as possible.
2. In the following cases, the Provider may restrict or suspend membership without prior notice or partially suspend or restrict use of the Services for a certain period.

1. 1. Illegal use of another member’s Username
2. 2. Obstructing the operation of the Services intentionally
3. 3. Inputting a false name on the application form
4. 4. Making multiple registrations with more than one Username
5. 5. Spreading information that purposely disturbs the peace, order, and public morals
6. 6. Planning to use or using the Services to obstruct the national interest or public interest
7. 7. Committing an act that damages the honor of others or causes disadvantage to them
8. 8. Transmitting an excessive volume of content or promotional advertising that obstructs the stable operation of the Services
9. 9. Spreading computer viruses to destroy information or cause malfunction of information communication systems
10. 10. Infringing upon the intellectual property rights of the Provider, members, or others
11. 11. Illegal use of others’ personal information, user Usernames, or passwords
12. 12. Collecting, storing, or publicizing the personal information of other members without their consent
13. 13. Copying, transmitting, or distributing content provided by the Provider for commercial uses without the Provider’s permission
14. 14. Posting pornographic material on the Web site or the bulletin board, or posting links to obscene sites or distributing obscene materials
15. 15. Committing an act that runs counter to the terms set by the Provider including the TOS.

3. The Provider cancels the registration of Members if their membership is revoked. In this case, the Provider shall notify them accordingly and allow them up to 30 days to appeal.
4. The Provider may terminate the membership of Members who have not logged in for a year.

Article 23 (Handling with Members’ Complaints)

1. The Provider receives and processes the Member’s opinions and complaints by mail, phone, FAX, e-mail, or other appropriate methods.
2. The Provider deals with objectively valid complaints as speedily as possible. If the prompt response to such complaints is not possible, the Provider notifies relevant Members of the reason for the delay and planned schedule by phone, e-mail or other appropriate means.
3. The Provider shall prepare Guidelines for the Complaints to resolve the opinions and complaints mentioned in above clauses. The Guidelines include the process on informing Members of how and when the complaints are to be resolved and it shall be notified or posted on the Web site.
4. The Provider shall appoint a staff member of the Provider to deal with Members’ opinions and handle their complaints.
5. The Provider shall take a measure without delay when a Member requests that certain information be deleted or refuted from the Provider’s Web site since it violates Member’s legal rights including copyrights or it damages the Member’s reputation. In case that the requester is not a Member, verification of the Member’s identity is prerequisite.

Chapter 7 Others

Article 24 (Compensation for Damages)

The Provider bears no responsibility for any damages to Members or non-Member in relation to free Services unless it is caused intentionally. However, instructions for subscription-based services will be separately described.

Article 25 (Indemnity)

1. The Provider shall not be considered to be in default or in breach of its obligations to the Services to the extent that performance of such obligations is prevented by any circumstances of Force Majeure such as natural disaster.

2. The Provider is not liable for temporary unavailability of the Services caused by Members’ faults.

3. The Provider shall bear no responsibility for losing expected gains by using the Services and for any damages caused by the material from the Services.

4. The Provider shall not be liable for the information, materials, or facts posted by members on the Web site including its credibility and accuracy. .

5. The Provider is not liable for damages caused by the service of blocking junk mail.

Article 26 (Jurisdiction)

Any claim relating to or arising out of the Services or this TOS shall be brought exclusively into the court that has a jurisdiction over the seat of the Provider’s headquarters.