Terms
Last Modified: Mar. 1, 2022
Article 1. Purpose
The purpose of this Terms of Use is to define the rights, obligations, responsibilities and other necessary matters of BPMG Inc.(hereinafter referred to as the Company) and its Members regarding the use of KMINT and related services (hereinafter referred to as the Service) provided by the Company.
Article 2. Specification, Effect and Modification of Terms of Use
① The contents of this Terms of Use shall be effective after being posted on the initial screen of individual Services provided by the Company or otherwise notifying Members and shall enter into force between the Company and Members that have consented hereto.
② If necessary, the Company may change this Terms of Use within the scope not contravening the relevant laws and regulations.
③ In the event that the Company revises this Terms of Use, the amended contents shall be announced or notified by the Company at least seven (7) days prior to the effective date; or for thirty (30) days prior to the effective date if the foregoing modification is unavoidably operates to Members’ disadvantage.
④ Unless Members explicitly refuse to accept the aforementioned modification until the day before the effective date, the Company shall presume your consent thereto.
⑤ If the Member does not agree with the amended Terms of Use the Member may express his/her intention to refuse up until the day before the effective date and terminate the Terms of Use.
Article 3. Additional Terms
① Any matters that are not prescribed in this Terms of Use shall be subject to the relevant laws and regulations or provisions of various operational policies publicly notified to Members by the Company, including, but not limited to, Terms of Use of individual Services, and Operation Policies on Service set forth by the Company.
② For the protection of the rights and interests of Members and setting the necessary regulations for applying this clause, the Company may set delegated matters which are set as the specific scope of the Terms of Use as the operating policies for each Service, and post them on the Service or on the connection screen or on the Service webpages so that Members can know the contents of the operating policies.
③ Where the operating policy is amended, it shall be followed by the procedure under Article 2 (3). However, if the amendment of the operating policy is corresponded to any of the following cases, it shall be publicly notified in advance by the method of the previous Paragraph:
1. Where the delegated matters which are set as the specific scope of the Terms of Use is amended
2. Where the Company or Partners amend matters not related to the obligation of Member’s rights
3. Where the contents of the operating policy are not fundamentally different from those prescribed in the Terms of Use, and the operational policy is revised within the Member’s predictable scope
Article 4. Definition of Terms
The Terms herein shall be defined as follows:
① “Service” refers to any service related to KMINT WALLET that a Member can use regardless of the terminal (including various wired and wireless devices such as PC and portable terminal)
② “Blockchain Network” refers to a network built using the distributed ledger storage technology that distributes and stores data generated from blockchain transactions to an unspecified number of nodes and connects the distributed and stored data in a chain form.
③ “KMINT” refers to the portal service operated by the Company so that members can use various services.
④ “WALLET” refers to the wallet service provided by the Company so that members can conveniently store Digital Assets. However, the Company does not have independent control over the Member's personal encryption key and does not participate in the transfer, storage and exchange of the Member's Digital Assets, so the Member will be responsible for any and all wallet management, including the management of the personal encryption key.
⑤ “Member” refers to a person who uses the Services provided by the Company, after having agreed to this Terms of Use.
⑥ “Account” refers to an Blockchain Network wallet address of the Member.
⑦ “Password” refers to the password of the Blockchain Network wallet of the Member.
⑧ “Nickname” refers to a nickname (a combination of letters and numbers) that a Member sets as his/her name, when the Company deems the Nickname necessary to use the Services. If the Member does not set the nickname even though the Company has requested to set the nickname, it will be displayed as the blockchain network wallet address.
⑨ “Digital Asset” refers to data that exists electronically in the Blockchain Networks, such as KMT and NFT (Non-Fungible Token).
⑩ “Content” refers to information or material in online digital formats such as symbols, letters, figures, colors, voices, sounds, images, videos, etc., provided by the Company to Members.
⑪ “Member Content” refers to information or material in online digital formats such as symbols, letters, figures, colors, voices, sounds, images, videos, etc., posted or registered by Member and displayed within the Service, or uploaded/transmitted by Member or other user through the Service in connection with the Service.
⑫ "Mini App" refers to the application service running within the KMINT App. The mini-app can be developed and distributed independently from KMINT.
⑬ "Pin number" refers to an identification number that confirms that you are a user that matches your wallet and wallet address. A pin number means a character string of a certain length or longer determined by the user.
Article 5. Conclusion of Service Agreement
① A person who wants to become a Member shall agree to the Terms of Use provided by the Company and apply for membership in accordance with the procedures prescribed by the Company. This Terms of Use is concluded as soon as the Company accepts the application.
② An applicant shall enter actual information required by the Company when applying for membership, and if a person states false information, the person may not claim the rights of the Member under this Terms of Use, and the Company may cancel or terminate the contract without refund. And the Company may not accept the application of the applicant for the following reasons. Even after sign-up, the Company may cancel the acceptance or terminate the agreement for the following reasons:
1. If the Company has restricted access of or deleted the applicant’s Account according to this Terms of Use
2. If the applicant has provided false or misleading information or has not provided the content requested by the Company
3. If the applicant has attempted to create an Account using personal information of others
4. If the applicant is a minor
5. If the applicant intends to use the Service in an abnormal or detour way in a country where the Company has not provided the Service
6. If the applicant intends to use the Service for fraudulent purposes or for commercial purposes not permitted by the Company
7. If the applicant is in violation of other related laws or regulations set by the Company
③ The Company may reserve the Account creation in the following cases:
1. In case that there is either no availability in the Company’s facilities or technical hurdles
2. In case that it is judged that there is a technical issue detected in providing the Services
3. Other financial or technical cases where the Company deems it necessary to hold
Article 6. Modification of Member Information
① A Member may view and modify his/her personal information through the Service at any time, when the Company collects and stores the Member’s personal information.
② Members must notify the Company of any changes made to the information entered at the time of signing up directly via the modification in Services or via the customer center.
③ The Company shall not be liable for the disadvantages caused by a Member not informing the Company of the changes as outlined in Paragraph 2.
Article 7. Managing Member Information
① The Company may limit the use of a Nickname if the Nickname has an associated risk of personal information leakage, if it has the possibility of being mistaken as the Nickname of another person who is not the Member, if it is anti-social or commits a moral violation, if it violates the rights of a third-party, or it if has the possibility of being mistaken as the Company or the Company operator. In addition, the Company may also otherwise restrict the use of the Nickname if the Company deems it necessary by reasonable judgement.
② Members are fully responsible for the management of their Account and Password. The Members are responsible for all the consequences resulting from negligent management of the Account and Password they receive, fraudulent use, and acceptance of the use of the account by a third-party, and the Company shall not be liable for it. However, this shall not apply in cases where the consequences are the result of the intention or gross negligence of the Company.
③ Members are responsible for keeping all information required for accessing the account secure, including Password, to prevent unauthorized third parties from unauthorized access to their account. Members must change their Passwords regularly.
Article 8. Privacy Protection
① The Company strives to protect the personal information of its Members as stipulated by related laws such as the Personal Information Protection Act and the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. The protection and use of personal information are subject to the related laws and the Company’s Privacy Policy.
② Except for the individual Services provided as part of the Services, the Company’s Privacy Policy does not apply to services provided by third parties that are simply linked to the Services.
③ The Member must manage his/her personal information in good faith for the use of the Service and make any necessary personal information changes. The Company shall not be liable for any information, including the Members’ membership information, exposed due to the fault of the Members.
Article 9. Company Obligations
① The Company shall not engage in acts prohibited by the related laws and this agreement, or that are socially unacceptable, and shall do its best to provide the Service continuously and stably.
② If the Company collects Members’ personal information, the Company shall have a security system to protect the Member’s personal information (including credit information) so that the Member can use the Service safely and shall disclose and comply with its Privacy Policy. The Company shall not disclose or provide any personal information of any Members to any third-party excepts as provided in this Terms of Use and the Privacy Policy.
③ The Company shall deal with any suggestions or complaints from Members regarding the use of the Service if it is found to be justified. For suggestions or complaints submitted by Members, the process and results shall be notified to the Members via board or email.
④ In the event of a failure of equipment or loss of data or damage during the course of Service improvement to provide continuous and stable service, the Company shall make every effort to repair or restore it without delay, unless there are unavoidable reasons such as natural disasters, emergencies, defects or obstacles that cannot be resolved by current technologies.
Article 10. Member Obligations
① Members shall not commit the following acts:
1. Stealing another person’s information
2. Impersonating an employee or a staff or other related person of the Company
3. Changing information posted by the Company
4. Transmission of or posting information (computer programs, etc.) other than information set by the Company
5. Infringing Company’s intellectual property rights or those of a third-party, including, but not limited to copyrights, right of likeness, right of publicity, trademark right, patent right
6. Defaming or slandering or causing business obstruction of the Company or a third-party
7. Disclosing or posting obscene or violent messages, images, recordings, false facts, or other socially unacceptable information while using the service
8. Using the Service for purposes other than the original purpose of providing Services, such as commercial, business, advertisement, public relations, political activities, and campaigning purposes without the Company’s prior consent
9. Disposing (transfer, sale, etc.) data related to the Service for value or donating the data or using the data as objects of rights (providing security, lending, etc.) through services not provided by a Company or abnormal methods
10. Stealing other people’s information (personal information, payment information, etc.) such as using other people’s credit cards, telephone numbers, bank accounts, etc., or the fraudulent use of other Members’ Accounts and Passwords
11. Unauthorized reproduction, distribution, manipulation, commercial use of information obtained from the Service of the Company, or exploitation of system errors, such as known or unknown bugs, to use the Service
12. Manufacturing, distributing, using, or advertising computer programs or devices that the Company has not provided or approved
13. Using information (computer programs) prohibited from transmitting or posting under statutes or intentionally transmitting or posting or distributing or using viruses, computer codes, files, programs, etc. designed to interfere with, destroy, or destroy the normal operation of computer software, hardware, or telecommunications equipment
14. Accessing the Service via automated means such as Agent, Script, Spider, Spyware, Toolbar, or other fraudulent means without the Company’s prior consent, creating or increasing the number of exposures and clicks illegally, requesting use of the Service, or causing a load on the Company’s server
15. Changing Services without special rights from the Company, adding other programs to the Service, designing a server for hacking/reverse engineering, changing or leaking source codes or data, building a separate server, or arbitrarily changing a portion of the website
16. Collecting, storing, posting, or disseminating personal and account information from other Members
17. Transaction of Accounts
18. Using the Service provided by the Company in a speculative manner or in any other unhealthy manner
19. Disrupting the sound trading order by unfairly affecting the market price of the Digital Asset, etc.
20. Deceiving others to gain advantage, harming others in connection with the use of the company's services, infringing on the intellectual property rights or portrait rights of the company or others, or other illegal or unlawful act
21. Inducing or advertising the activities referred to in Subparagraphs 1 through 20 above
22. Violating the current laws, the Terms of Use and operational policies provided by the Company, and other regulations related to the use of Service
② Members are obliged to identify and observe the provisions, operating policies, use guidance, and service announcements of this Terms of Use
③ Members should work together to ensure smooth Service operation and healthy online community culture
④ Members should inform the Company about problems such as bugs or system errors or loopholes found during Service use, and should not spread or abuse them to other Members
⑤ Members are obliged to respond faithfully to the Company’s investigation of whether they use an unauthorized program or macro program
⑥ Member’s account and management responsibilities for PCs and mobile devices are with the Member. The company is not responsible for the loss caused by the management of its Member’s account, PCs, mobile devices, and various authentication means, or the acceptance of use to others
⑦ The Company may delete or temporarily delete relevant posts, restrict the use of the Service, or unilaterally terminate this agreement if the Member conducts any of the acts outlined in Paragraph 1.
⑧ The Company may determine the specific details of Paragraph 1 through 7 and the following activities in its operating policy, and Members shall comply with such specific details:
1. Nickname, and other Member’s name used within the Service
2. Details and methods of chatting
3. The use of boards and the method of using Services
4. Restrictions on the method of using Services
5. Other matters deemed necessary for the operation of the Services to the extent that the Company does not infringe on the essential rights of its Members to use the Services
Article 11. Ownership Rights etc.
① Copyright and other intellectual property rights in the Service and the Content provided by the Company shall belong to the Company.
② Except for the Digital Asset, the Company grants to the Members only the right to use the Services in accordance with the terms and conditions set by the Company in connection with the Service, and the Member cannot conduct any disposition such as transfer, sales, rental, providing any collateral, or performing any other disposal activities.
③ When the Service contract is terminated, the Member shall immediately delete or return the contents referred to in Paragraph 1 such as the client
④ Members allow the Company to use the User Content with the following methods and conditions:
1. Store, Duplicate, use, change of editing format and other variations of the user content (available in any form, such as publication, replication, performance, transmission, distribution, broadcasting, and writing of secondary works without restrictions in terms of duration and region, and free of charge)
2. No sale, rental, or transfer of user content for the purpose of trading without prior consent of the user who has produced the user content (However, if the Service provided by the Company supports the registration of Member Content in the NFT, when the Member who first registered the Member Content sells or transfers the NFT, the Member Content registered in the NFT will be deemed to be sold or transferred to the purchaser together with the NFT. And thereafter, such Member Content will also be deemed sold or transferred to the final purchaser together with the NFT)
⑤ User Content shall not fall under the prohibited acts stipulated in the Article 10. In particular, Members shall ensure that their User Content does not infringe the intellectual property rights, right of likeness, or right of publicity of others.
⑥ If the Company determines that if the User Content fall under the prohibited acts stipulated in Section 10, the Company may delete them without prior notice, or refuse to move or register them
⑦ Members whose legal interests are infringed by information posted on boards operated by the Company may request the Company to delete the information or to publish the contents of the refutation. In this case, the Company takes necessary measures quickly and notifies the applicant
⑧ This Section is valid while the Company operates the Service and continues to apply even after the Member stops using the Service.
Article 12. Service Provision
① The Company, either alone or in partnership with other companies, may provide Members with the following services:
1. A service that sends Member’s Digital Asset to other member or non-member through an electronic wallet
2. Sale & distribution of NFT, Content, application, and DApp portal service for user activity promotion
3. Providing blockchain infrastructure services and all Services for the abovementioned service operation
4. Other management services related to the hat aid in the abovementioned services
② In the case of Member-to-Member transactions of NFT supported by the Company, etc. within the service, the Company only provides an online marketplace for mutual transactions between Members as a mail-order broker, so it does not represent Members who want to sell or purchase goods. In addition, no action by the Company shall be deemed an act on behalf of the seller or buyer. In relation to sales and purchases between Members, related to NFT etc., the Company does not guarantee the truthfulness of the data posted on the URL linked through the website, the existence and authenticity of the intention to sell or purchase, the quality, completeness, safety, legality, and non-infringement of the rights of others, information entered by members and their information, and all risks and responsibilities related to this shall be borne by the member.
③ The Company can publish advertisements in Services regarding the operation of the Service. The Company can also send advertising information by means of email, text service (LMS/SMS), push notification, etc., only to Members who have agreed to receive. In this case, Members may refuse to receive at any time, and the Company does not send advertising information when the Member refuses to receive it. The Members may be exposed to advertisements or services provided by others through banners or links among the Services provided by the Company. Since the service provided by the area is not the Service area of the Company in this case, the Company does not guarantee reliability, stability, etc. However, this shall not apply where the Company facilitates the occurrence of damages intentionally or by gross negligence or has not taken any action to prevent damage.
④ The types of services provided by the Company may be changed or terminated at any time according to the circumstances of the Company.
Article 13. Modification of Service
① The Company may change the Contents, and operational or technical matters of the Service in order to provide a stable Service.
② The Company shall notify Members of the characteristics, procedures, and methods for each Service according to the type of service via the Service screen, and the Member shall understand the matters related to each Service announced by the Company and use the Service.
③ Modification of the Service shall be posted on the notice page of the Services no later than seven (7) days before the change. Unless otherwise stipulated by applicable laws, the Company shall not be liable for any damages caused by the failure of the Member to inquire about the contents of the announcement unless there is intention or gross negligence by the Company.
Article 14 Maintenance and Suspension of Service
① The use of the Service is available 24/7 in principle, unless there is a special obstacle inhibiting Company business or technology. However, this shall not be the case on the date and time set by the Company due to the necessity for Service check.
② The Company may divide the Services into a certain range so that the available time for each range can be set separately. In this case, such details will be announced in advance.
③ The Company may limit or suspended all or any part of the Services without prior notice in the following cases:
1. In necessary cases due to failure, repair, replacement, inspection, etc. of equipment for Service
2. In necessary case to cope with electronic infringement accidents, such as hacking, communication accidents, abnormal use of Services by Members, and unforeseen instability of Service
3. In case a common telecommunications business operator under the Telecommunications Business Act terminates telecommunication services
4. In case the Blockchain Network stops
5. In case the financial institution of the Company or Member’s financial institution has a failure
6. In the case of the stopping to a service provided by a third-party, such as a partner that provides a service that is not provided directly by the Company
7. Force majeure
④ The Company may limit or suspend all or part of the Service in case of any disruption in the normal use of the service due to national emergency, power failure, failure of the service facility, or excessive use of the service.
⑤ The Company is not responsible for any damage to its Members in connection with the use of free services provided by the Company. However, the damage caused by intentional or gross negligence of the Company is excluded.
⑥ If the paid content service provided by the Company is suspended or disabled for at least 4 hours a day due to the Company without prior notice, the Company shall extend the service time equivalent to three times the service suspension disability time free of charge only for the fixed-term paid content service (such as fixed amount use right, fixed term use right, etc.) and the Member shall not claim any additional damages against the Company.
⑦ The Company may discontinue all Services for each Service if it is no longer possible to maintain them, due to relevant business reasons such a s business transfer, division, merger, etc., expired agreement with partners, or significant profit deterioration of the service. In this case, Members shall be notified with the suspension date, the reason for suspension, and how to transfer Member’s Digital Asset, by thirty (30) days before the suspension unless there are other unavoidable reasons.
⑧ If the Service is terminated pursuant to the preceding Paragraph, the Member may not claim damages for the free service and the paid content service that do not have a period of use, continuous paid use contracts, and fixed term paid items.
⑨ Due to the nature of the blockchain, ownership of NFT is transferred to the Member who purchased it at the same time as the transaction, so even if the Service is terminated, the Member cannot claim damages from the company for the NFT he owns.
⑩ The use period of paid content services purchased by Members is either a year from the date purchase or the date of voluntary withdrawal of Members, whichever is less in principle. However, if the period of use is set separately when purchasing paid content services, the period of use of the paid content service shall be deemed either the expiration date or the date of voluntary withdrawal of the Member, whichever is less. And in the event of a service interruption under Subsection 7 of this section, the period of use of the paid content service, which is not fixed, shall be until either the date of discontinuation of the service announced at the time of discontinuation of the Service or the date of voluntary withdrawal of the Member, whichever is less.
⑪ For Services that are downloaded and installed via mobile applications or networks, they are provided to suit the characteristics of mobile devices or mobile carriers. Changes to mobile devices or phone number or for overseas roaming may be unavailable in all or in part, and in this case the Company is not liable.
⑫ Background operations can be carried out for Services that are downloaded and installed through mobile applications or networks. In this case, additional charges may be incurred based on the characteristics of the mobile device or mobile carriers and in this case, the Company is not liable.
⑬ The Company may request Members to install the computer program that the Company provides if it is necessary for providing the Service. The Company shall undergo the procedures under Article 21 (1) 7 of the Consumer Protection Act in Electronic Commerce, etc. until the Member installs the program. However, if the Member has set up a browser option to automatically install the Active X program, the Company may consider that the Member has agreed to install the Active X program and install the program without any further confirmation.
⑭ If the Company patches or updates the program to the extent that it does not significantly change the content notified in the previous Paragraph, the Company may omit important notices and consents.
⑮ The Company can use the technology to relay data between members for smooth transmission of data when installing or updating computer programs. Members agree to relay data to other Members through PC resources (such as storage, network equipment) or to receive relay transmissions by themselves.
Article 15. Service Fee
① Members shall pay fees when using services provided by the Company, such as Digital Asset trading and withdrawal services. The service fee is stated on the service website or application and may change depending on the situation of the Company and the market.
② Service fees may vary depending on the nature of the Services.
Article 16. Use of Digital Asset
① Members can deposit and withdraw Digital Assets through an external electronic wallet at any time.
② The one-day limit and procedure for withdrawals will be as specified on the Service.
③ Despite withdrawal requests from Members, withdrawals may not be available due to the following reasons:
1. If the balance is less than the withdrawal fee
2. If a Member wants to withdraw more than the daily trading limit
3. If it is a Digital Asset provided free of charge through events, etc.
④ Member will be fully responsible for the accuracy of the external electronic wallet address that he/she provides, and the Company shall not be responsible for sending Digital Assets to an external electronic wallet address which the Member has misrepresented.
⑤ The Company may suspend the Service if the request for withdrawal by the Member is deemed to be money laundering, financing of terrorism, or suspicious transaction under the Act on Reporting and Using Specified Financial Transaction Information. The Company shall not be responsible for any losses or damages incurred by the Member requesting withdrawal unless there is intention or gross negligence of the Company.
⑥ The Company may set a minimum unit amount for all transactions using the Services and may deduct Digital Assets less than that amount. In this case, the Company will not pay any compensation for the amount that is deducted.
⑦ The Company may add or exclude individual digital assets available to Members in the Service if there are unavoidable reasons for discontinuing service such as the defect of the digital asset itself, bankruptcy and dissolution of important partners or termination of digital asset service, government policy such as related laws and supervisory authorities, or reasons similar. The Company will make reasonable efforts to notify Members in advance of the removal of digital assets.
Article 17. Digital Asset Price
① The prices of Digital Assets shall be based on the standards provided by CoinMarketCap (https://coinmarketcap.com) or any other standards stipulated in the Service by the Company.
② Members shall not require the Company to assume responsibility for profit or loss due to the difference in the market price of digital assets when using the Service.
③ Members cannot claim the increase and decrease of difference according to the difference in the market price, and the Company shall not return the difference based on the market price.
Article 18. Collection of Information, etc.
① The Company can save and store all communication between Members within the Service, such as chatting. In this case, the Company may only view this information if it is authorized under the statute, only if it is intended to coordinate disputes among Members, handle complaints, maintain order in the Service, or improve the Service. In order to protect the rights and interests of Members and to maintain order in the Service, the Company may establish separate service operational policies. If the Company or a third-party accesses chat information, the Company notifies the relevant Member of the reasons and scope of the access in accordance with the relevant statutes.
② The Company can collect and utilize terminal setting and specification information such as Member PC, program information in operation, mobile device information of Member (settings, specification, operating system, version, etc.) for smooth and stable operation of service and improvement of service quality. Members must check and observe the service operational policy set by the Company.
Article 19. Restriction on Use
① The Company may limit the Service use and login of Members in accordance with the following criteria:
1. In the case of consecutive password errors
2. In the event of hacking or fraud incident
3. In the case of suspected identity theft
4. In the case of impersonating a Company employee
5. In the case a government agency requests restriction of services in accordance with related laws
6. In the case of involvement or reasonable suspicion of involvement in market price adjustment, money laundering, unfair trade, or criminal activity
7. In the case that a registered Member is identified as minor
8. In the case that there is a request to unsubscribe the Service
9. In the case of a significant circumstance that is suspected to be a fraudulent activity, such as rejecting a request for verification of error information generated during the transaction process
10. In the case of suspicion that the name of the actual Member does not match the name of the Member as entered, such as if the Member allows a third-party to use the account or rents the account
11. In the case of breach of Section 10, and/or any other breach of this Terms of Use or service operational policy
12. Other cases where the administrator determines that serious disruption is being caused to normal service provision
② The Company may suspend or limit the use of a Member’s wallet in case of any of the following:
1. In the event of hacking or fraud incident or a suspected hacking or fraud incident
2. In the case of suspicion that the name of the actual Member does not match the name of the Member as entered, such as if the Member allows a third-party to use the account or rents the account
3. In the case that provision of Services to Members by the Company is discontinued due to court judgments, decision, orders and/or cooperation with investigations by investigative agencies
③ Within the scope of the use restriction under this Section, the conditions and details of the restrictions, such as specific reasons and procedures for which the use restriction is made, taking into account the details, extent, frequency, and results of the violation, shall be subject to the requirements of the Company such as operational policies and guidance thereof.
④ To improve Services and protect Member information, the Company can delete information from accounts that have not used content services for a certain period of time, which is separately notified in the operating policy. However, the Company must notify the Member 30 days before deletion.
⑤ The Member shall return all Contents and NFTs acquired by one of the following methods: If it is not possible to return the entire amount due to partial use, consumption, or transfer, the Company may restrict the Member's use of the Service or trade in the Service of the Member's account until all the payment is returned.
1. Abusing a program's bug or using an illegal program
2. In case of payment theft, name theft, fraud, etc.
3. In case of violation of other relevant statutes
⑥ In the event that the use of the Service is restricted, or the agreement is terminated pursuant to this Article, the following shall be communicated to the Member in advance. However, if it is necessary to take urgent action, it may be communicated later.
1. Reason for the restriction on use
2. Type and duration of the restriction on use
3. How to file an appeal against the restriction on use
⑦ When the restriction on use of the Company is justified, the Company does not compensate for the damage the member suffered due to the use restriction.
⑧ Members may file an appeal against the restriction on use in accordance with this Article through the customer support. In such case, if the Company admits that the objection is justified, the Company will resume use of the Service immediately.
Article 20. Termination of Service Agreement
① If a Member intends to terminate a service agreement, he/she may at any time submit a request to unsubscribe according to the procedures set by the Company. However, if the Company provides the Service by identifying the Member only with the Blockchain Network wallet address that is linked when accessing the member's service without a separate membership registration process, there is no separate unsubscribing procedure and the member can stop using the Service at any time.
② The Company may restrict the use of the Service and request corrective actions in the event of any of the following. If it is not corrected within a reasonable period despite the request for corrective action, or if the same violation is repeated more than once, the service agreement may be terminated.
1. In the case of Breach of Member Obligation set forth in Article 10 of this Term and reason for Restriction on Use set forth in Article 19
2. In case of violation of related laws, such as providing illegal programs in violation of copyright law or interfering with operation, illegal communication or hacking violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., deployment of malicious programs, or exceeding access rights
3. In case of committing or attempting acts that interfere with the smooth progress of the services provided by the Company
4. Other cases where there are reasons like those listed above such that this agreement cannot be maintained
③ If the Company collects and stores Members’ personal information, the Company may destroy the personal information of an Account without service use for more than one(1) year, and terminate the service agreement or manage the personal information of the account separately from that of other Members, and restrict the use of the Service in order to protect the personal information of the Member and to prevent account theft.
④ Upon termination, all benefits acquired by using the Service will be terminated and the Company will not compensate for them.
⑤ In case of termination of the service agreement pursuant to this Article, the Company shall notify the Member in the manner pursuant to Article 21.
⑥ When the termination of the service agreement is completed, all information will be deleted, except for the information that the Company must retain in accordance with the related laws and its Privacy Policy.
Article 21. Notification to Members
① The Company may notify its Members via an email address which they provide, messages in the Service, text messages (LMS/SMS), etc. unless there is a separate regulation in this Terms.
② In case of notification to all Members, the Company may substitute for the notification in the preceding Paragraph by publishing on a board in the Service for seven (7) days or more.
Article 22. Limitations of Damages and Liability
① The Company and Members are liable for any damages to the other party in violation of this Terms of Use. However, this shall not apply if there is no intention or negligence of the actor.
② If the Company receives a claim for damages or a lawsuit, including a lawsuit, from a third party other than the relevant Member, due to an illegal act committed by a Member in using the Service or an act of violating this clause, the Member shall exempt the Company at his/her own responsibility and expenses, and if the Company is not exempted, the Member shall compensate the Company for the damage caused by the Member. However, the Company is responsible for damages which the Company causes.
③ Due to the nature of the blockchain, ownership of digital assets is transferred to the Member who purchased it at the same time as the transaction, so the Member is responsible for all management of the digital assets. Member shall be responsible for all consequences arising from reasons attributable to the Member, such as the Member's negligence in digital assets management and the Member incorrectly input the wallet address during sales/purchase/transaction, and the Company shall not be not responsible for this.
④ The Company is not liable for any damages incurred in relation to Services provided for free, except in cases of damages caused by intentional or gross negligence of the Company.
⑤ If the Company brokers the services provided by other operators, the obligations and responsibilities associated with the service are to the individual service providers, and the Company does not take responsibility in principle for the damages caused by them. However, the Company may bear responsibility under the relevant laws and regulations.
⑥ If the Company brokers NFT transactions between Members, the seller is responsible for the obligations and responsibilities related to the transaction, and the Company does not take responsibility in principle for the damages caused by them. However, the Company may bear responsibility under the relevant laws and regulations.
⑦ In relation to transactions between Members such as NFTs within the service, the Company makes an effort to provide accurate or reliable information about information distributed, transmitted, and exposed through the service, including links, downloads, advertisements, etc. within the Service, but the Company makes no warranty as to the accuracy or reliability of the information that may arise in the process, and assumes no responsibility for any direct, indirect, consequential, punitive or incidental damages arising out of inaccuracies or errors in the information. In addition, it is the user's sole responsibility to trust the information (product information, price information, images, etc.) provided by the seller in the Service. The user who willing to purchase product shall be responsible for checking detailed product composition in the post of the seller of the product. The obligation and responsibility for ordering, shipping, and refunding the product rests with the seller of the product. Necessary post-processing such as management of sales progress related to transactions between members, transaction execution to buyers, product delivery, withdrawal or return of subscription, and resolution of disputes due to product defects, shall be performed by the Members who are the parties of such transaction. The Company shall not be involved therein and take no responsibility whatsoever.
⑧ The damage caused by the Partners shall be governed in accordance with the terms of the partners, and it shall be the principle to resolve any disputes between the Partners and the Members accordingly.
⑨ The Company is not obliged to intervene in a dispute between users or between users and third parties through Service and is not responsible for damages caused by it.
⑩ If Members use a mini-app, blockchain game, DApp, or web service developed by a third party within this service, this service operates only as a blockchain browser. Members should decide on their own whether there is a risk of such use. Members are responsible for any possible damage, and the Company does not take any responsibility.
⑪ The Company may limit service hours for each Service or Member in accordance with relevant statutes, government policies, etc., and shall not be liable for such restrictions.
⑫ Should you link your own Blockchain Network wallet provided by the third party to the Service, in principle, for matters related to the Blockchain Network wallet provided by a third party, the dispute between the wallet service company and the Member should be resolved according to the terms and conditions of the wallet service company. The Company is not obligated to intervene in disputes between users or between users and third parties related to the blockchain network wallet, and is not responsible for any damages resulting therefrom..
⑬ If Members are unable to use all or some of the Content because of changes to mobile devices, changes to mobile numbers, changes to operating system (OS) versions, overseas roaming, and carrier changes, the Company is not responsible for this. However, this shall not apply in cases of intentional or gross negligence of the Company.
⑭ If a Member deletes the content or account information provided by the Company, the Company is not liable for such information. However, this shall not apply in cases of intentional or gross negligence of the Company.
⑮ The Company shall not be liable for any damages to the Member caused by any of the following reasons, if the Company proves that it has taken the necessary precaution as administrator to prevent the loss of the Member.
1. In case of force majeure such as a war, an incident, natural disasters, technical defects that cannot be solved by current technology, or a national emergency
2. In case of compliance with government agencies' actual or legal administrative disposition and orders
3. In case of the service failure of a telecommunication service provider, including a common telecommunications business operator under the Telecommunications Business Act
4. In case of Blockchain Network failure
5. In case of the service is suspended or a failure occurs due to unavoidable reasons, such as repairing, replacing, regular inspection, construction, etc. of previously announced service facilities
6. In case of service failure due to fault of the outsourcing system that cannot be managed by the Company or cause of Member's fault
7. In case of problems caused by Members' computer environments or problems caused by network environments
8. In case of problems such as information, data, reliability, accuracy, etc. posted or transmitted by Members or third parties within or on the Service or on the website.
9. In case of problems that occur due to the failure or loss of the result of the character, experience value, item, etc. that the Member expects to use the contents service, or the selection of the contents service
10. Losses of grades, items, contents, etc. acquired by Members using the service (excluding those purchased directly through the Company)
11. In case of a failure or error in the transaction system, deposit/withdrawal system, or Blockchain Network
12. In case of a stopping service, disabled use or contract termination caused by the fault of the Member
13. In case of damages caused by intention or negligence of the Member
Article 23. Governing Law and Jurisdiction
① The laws of the Republic of Korea shall govern this Terms of Use, the Service provided by the Company, and disputes between the Company and the Member.
② If any dispute arises in connection with this Terms of Use or the Services provided by the Company between the Company and the Members, the Company shall negotiate in good faith to resolve the dispute. Nevertheless, if not resolved, the dispute shall be resolved in accordance with the procedures stipulated in the Civil Procedure Act in the Republic of Korea.
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