The terms of this agreement (“Terms“) govern the relationship between you and Melephant Inc. (“Melephant“) regarding your use of Melephant websites, applications, and services, including any mobile applications and websites (collectively, our “Service“), and any videos, photos, graphics, text, or other materials uploaded, downloaded or appearing on our Service (collectively referred to as “Content“). Melephant includes its Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. References to “we,” “us,” or “our” refers to Melephant.
1. Accepting these Terms
B. Our Service is not intended for anyone under the age of 14. If you are under the age of 14, please do not use our Service.
C. You affirm that you are more than 14 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms of Service, and to abide by and comply with these Terms.
D. Our Service is controlled and offered by Melephant from its facilities in the Republic of Korea. Melephant makes no representations that our Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions affirm the ability to form a binding contract with Melephant, do so at their own volition and are responsible for compliance with these Terms and local law.
3. Our Service
A. While we do not charge fees for our Service currently, we may launch a paid subscription service in the future. If and once the subscription service is ready to be launched, we will provide you with a notice so that you may elect to use such subscription service.
B. You are responsible for your use of our Service and for any Content you post to our Service. The Content you submit, post, or display will be able to be viewed by other users of our Service and through third party services and websites.
C. We may from time to time, temporarily discontinue or change all or a part of our Service in the following instances:
o if we are unable to provide Service due to maintenance or other works on our equipment;
o if you intentionally interfere with all or a part of our Service by repeatedly creating and deleting account with us or any part of our Service;
o if due to events beyond our control, we are unable to provide Service;
o if any laws, regulations, rules or decisions of any government bodies, bureau, office, institution, autonomous unit, or organization requires discontinuance or change of Service; or
o if for other technical or operational reasons, it is necessary to discontinue or change Service.
In the event we need to temporarily discontinue or change all or a part of our Service, we will notify you of (i) why Service is being discontinued or changed; and (ii) the date on which Service will be discontinued or changed. However, if we are unable to provide you with such notice due to exigent circumstances, we will discontinue or change Service first and later notify you as soon as practicable.
D. Users who are under the age of 19 (excluding for the purpose of this section, users who will have reached the age of 19 in that year) (such user, “Minor User”) are prohibited from accessing Content that is defined as Media Product Harmful to Juveniles under the Juvenile Protection Act. A user who wishes to access Content that is Media Product Harmful to Juveniles must first go through a verification process to verify his or her identity and age pursuant to the applicable laws. Failure to do so will result in limited access to such Content.
E. Some of our Service include services which use information on the geographical position of your mobile device (“Location-based Service”). If you do not choose to provide your eographical position information, your access to this Location-based Service may be limited. By using our Location-based Service, you will be deemed to have given us consent to collect, use, and/or share your geographical information.
F. Any other services to sell or provide to users any Content that the Company develops subsequently or obtains from another company under an affiliation agreement.
G. Services by which users purchase and give any Artist as a gift items in the services developed and provided by the Company.
H. Services by which sponsorship can be made to an Artist at his/her Artist Page or in SeeSo services in an amount such as a fixed monthly payment or a lump-sum.
I. The Company may post ads on any Content uploaded by users through the service as a banner and/or in any other form, and users shall agree thereto. In the event of any proceeds from such ads, the Company shall distribute the said proceeds to the relevant user at a particular ratio in accordance with its policy.
J. Sponsorship in this service shall be provided in the following manner.
(1) Users apply for the use of sponsorship at Artist Page, and the Company checks the detail of such application and the availability of the service and accept the application, which leads to the establishment of a sponsorship service use contract.
(2) Users may choose one of the sponsorship options such as [Fixed Monthly Payment], [Lump Sum], and [Purchase Item and Give It to Artist as a Gift] as a means of [Sponsorship Payment].
(3) Once choosing one of the sponsorship options such as Fixed Monthly Payment, Lump Sum, and Purchase Item and Give It to Artist as a Gift, users may pay for such sponsorship by payment means as specified by the Company.
Detailed terms and conditions for the use of sponsorship service and paid items in the service are as follows:
4. Account and Security
A. In order to access certain features of our Service, you must register for a SeeSo account by providing certain information, which may include, without limitation, username, password, user ID for other services (such as Facebook, Twitter, Google+, and/or Kakao Account) and valid email address. You become our valued member once we approve the registration application you submitted and from that point on, your rights and obligations will be governed by these Terms. In principle, we will not decline any registration request. However, in the event of the following we may place on hold or decline your registration application or terminate your membership later:
o if the registration application was made using someone else’s identity;
o if any information on the registration application is false, inaccurate, or incomplete;
o if your membership had been terminated in the past (except where such termination occurred more than a year ago and you obtained approval for re-registration from us);
o if you caused social disruption in the past or the purpose of using our Service is to cause social disruption;
o if you are under the age of 14;
o if you are a resident (temporary or permanent) of, staying in, or using the mobile app in a country in which we do not provide our Service;
o if we are not able to provide you with our Service due to business or technical reasons; or
o if there is any other objective reason attributable to you that makes approval inadequate.
B. You must provide and maintain complete and accurate registration information at all times. If you discover that any of the information you provided is inaccurate, or there has been a change in such information, you must promptly update your information to keep it true, accurate, current and complete or notify us via email or other methods prescribed in this Terms of Service. It is your sole responsibility to maintain the accuracy of the information you provide to us and we will not be responsible for any damages (e.g. not being able to receive notification on time) arising as a result of such inaccuracy.
C. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using our Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately. Although Melephant will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Melephant or others due to such unauthorized use. Therefore, it is important that safeguard the password or credentials that you use to access our Service.
5. Our Obligations
A. We will not conduct acts that are against the established social morals and custom or in violation of the applicable laws, and we will use our best endeavors to provide continuous and reliable Service to you.
C. In addition, we will use our best endeavors to comply with all applicable laws pertaining to personal information protection, including Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and Protection of Communications Secrets Act.
D. If we receive from you a complaint or an opinion concerning our Services, we will process such complaint or opinion and notify you of its result via email or by making announcement on our webpage or mobile app.
6. Your License to Use Our Service
A. Melephant grants you a limited, non-exclusive license to access and use our Service solely for personal, non-commercial purposes, and in accordance with these Terms. This includes the right to view content available on our Service. This license may not be assigned or sublicensed to anyone else.
B. All right, title, and interest in and to our Service (excluding Content provided by users) are and will remain the exclusive property of Melephant and its licensors. Our Service is protected by copyright, trademark, and other laws of both the Republic of Korea, the United States, Japan and foreign countries.
C. Melephant reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Melephant, or our Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
7. Content on Our Service
A. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via our Service and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via our Service or obtained by you through our Service is at your own risk.
B. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, safety or reliability of any Content or communications posted via our Service or endorse any opinions expressed via our Service.
C. You understand that by using our Service, you agree that you agree that you may be exposed to Content that might be offensive, harmful, dangerous, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive or inaccurate.
D. Under no circumstances will Melephant be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via our Service or broadcast elsewhere
8. Your Rights to Content
A. You retain your rights to any Content you submit, post or display on or through our Service. However, you grant a license to Melephant in order to make our Service available to you and other users. By submitting Content, you grant Melephant a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying Content within our Service; (ii) displaying Content on third party websites and applications through embeds; (iii) allowing other users to play, download, copy, transmit, distribute, edit, modify and embed Content on third party websites, subject to your video privacy choices; (iii) promoting our Service, provided that you have made the video publicly available; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.
B. You agree that this license includes the right for Melephant to provide, promote, and improve our Service and to make Content submitted to or through our Service available to other companies, organizations or individuals who partner with Melephant for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Melephant, or other companies, organizations or individuals who partner with Melephant, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through our Service.
C. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
D. You are responsible for your use of our Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Melephant will not be responsible or liable for any use of your Content by Melephant in accordance with these Terms.
E. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
F. For Content that you submit, you represent and warrant that: (i) you have the right to submit the Content to Melephant and grant the licenses set forth above; (ii) Melephant will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the Content complies with these Terms and all applicable laws.
9. Restrictions on Content and Use of Our Service
A. You agree that you must at all times adhere to the applicable laws, this Terms of Service, and our guidelines, rules, and instructions, and must not interfere with the operation of our business.
B. You agree Melephant reserve the right at all times to remove or refuse to distribute any Content on our Service and to suspend or terminate users without liability to you.
C. You further agree not to post Content (or links to such Content) or create an account that:
o impersonates another person or entity;
o infringes any third party’s copyrights or other rights (including trademark, privacy, and publicity rights);
o contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
o contains sexually explicit content or pornography;
o promotes illegal activities or violates any law;
o is harassing, abusive, or constitutes spam; or
o depicts unlawful acts or extreme violence.
D. You agree Melephant also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
o satisfy any applicable law, regulation, legal process or governmental request;
o enforce these Terms, including investigation of potential violations hereof,
o detect, prevent, or otherwise address fraud, security or technical issues,
o respond to user support requests, or
o protect the rights, property or safety of Melephant, its users and the public.
E. You agree not to do any of the following while accessing or using our Service:
o use other person’s personal information, ID, password, or financial information;
o impersonate other person or misrepresent your affiliation with another person to send mails or upload postings;
o without our prior consent, copy, publish, broadcast or otherwise provide to a third party any information provided by us for any other purposes other than for personal use;
o access, tamper with, or use non-public areas of our Service, Melephant ‘s computer systems, or the technical delivery systems of Melephant ‘s providers;
o probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
o interfere with, or disrupt the access of any user, host or network;
o send any virus, overload, flood, spam our Service;
o use another’s account without permission; or
o any other act that would violate the Terms of Service or any laws.
F. You must not use our Service to conduct commercial activities that are not expressly approved in advance by us. We will not be responsible or liable for any consequences in any way connected with such unauthorized use, and you agree to indemnify and hold harmless the Company for any and all losses or damages incurred in connection with such unauthorized use.
10. Copyright Policy
A. Melephant respects the intellectual property rights of others and expects users of our Service to do the same. Subject to the terms set forth below, we reserve the right to remove any Content alleged to be infringing at our sole discretion. Melephant will also take the following actions to the user who is determined to be an infringer:
o First violation: a warning will be given and access to our Service will be suspended for one month
o Second violation: a warning will be given and access to our Service will be suspended for two months
o Third violation: upon notification, account with us will be terminated.
B. You may wish to embed in your Content, certain technical measures in order to make it easier for you to detect, monitor, or respond to intellectual property infringements. In such case, we will use our reasonable endeavors to accommodate such measures if they do not burden the use of Content or our Service.
C. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please contact our designated copyright agent by submitting a copyright infringement notification, which shall include:
o (i) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
o Reasonable evidence supporting your claim.
D. Our designated copyright agent for notice of alleged copyright infringement appearing on our Service is:
[Jiyun Han] / Melephant Copyright Agent
Address: #808, PangyoChangJoGeongJeValley, 815, Daewangpangyo-ro, Sujeong-gu, Seongnam-si, Gyeonggi-do, Republic of Korea
E. Upon receipt of a copyright infringement notification, we will promptly remove, or suspend the reproduction or transmission of such works claimed to have been infringed and notify the claimant of such fact within three days.
F. If you have received notification that your Content was removed or suspended due to an alleged infringement claim, you may seek to vindicate and demand resumption of such reproduction or transmission by contacting the designated copyright agent and submitting (i) materials evidencing that the reproduction or transmission was made with legitimate authority; or (ii) in lieu of such evidentiary materials, an reasonable explanation as to why you are not able to submit evidentiary materials and a statement that under penalty of perjury you have a good faith belief that use of the material in the manner complained of is authorized by the copyright owner, its agent, or the law, and that you understand and agree to be liable for any and all damages arising out of resumption of reproduction or transmission of the allegedly infringing works.
G. If we determine that the reproduction or transmission was made with legitimate authority, we will promptly notify the claimant that a resumption request was made and the date the work alleged to have been infringed will be made available. Unless the claimant files a lawsuit against the alleged infringer and notifies us of the fact before the scheduled date of resumption, the reproduction or transmission will be resumed on the said scheduled date.
11. Provision of Information; Advertisements
A. We may from time to time post on our website or mobile app page, or send you via email, phone, text messaging or fax, certain information about our Services. However, in order to send you this information via phone, text messaging, or fax, we will need to obtain your consent first. If you do not wish to receive such information, you may elect to not receive such information at any time by (i) writing to us or (ii) following the unsubscribe instructions contained within the e-mail you receive from us, except for information that we are required to provide to you pursuant to the applicable laws or information that relates to the inquiries submitted by you.
B. Our Service may include advertisements. The types and extent of advertising by Melephant on our Service is subject to change. In consideration for Melephant granting you access to and use of our Service, you agree that Melephant and third party providers may place such advertising on our Service or in connection with the display of Content or information from our Service whether submitted by you or others. In addition, we may also post or send you advertisements regarding our Service. If you do not wish to receive such advertisements by email, you may elect to not receive such advertisements by (i) writing to us or (ii) by following the unsubscribe instructions contained within the e-mail you receive from us. We will update your preferences as soon as is reasonably practicable.
12. Terms of Sales
Certain products, services, and digital content may from time to time be made available to you (“ you ” or “ User ”) by Melephant Inc. or their corporate affiliates (collectively, “us”, “we” or “SeeSo Music”) through the SeeSo Music web site and related service (“SeeSo Music Service” or “Service”). By purchasing any additional products, services, or digital content through the SeeSo Music Service (“Ancillary Products and Services”), you signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase (“Terms of Sale”). Your purchases of Ancillary Services and your use of SeeSo Music Service are also governed by the SeeSo Music Terms of Service (“Terms of Service ”), which are incorporated herein by reference.
These Terms of Sale are subject to change without prior written notice at any time, in our sole discretion. If Melephant changes these Terms of Sale, we will provide notice of such changes, such as by sending an email, posting a notice on the Service or updating the "Last Updated" date above. Please check these Terms of Sale periodically for those changes. Any modified terms will apply to any purchases made after such changes are posted on the Service. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on our Service.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
(1) “Artist” refers to a person who sings a song, performs a live show, or plays music, which is posted on the SeeSo service as a video by users.
(2) “Artist Page” refers to the page which contains information relating to Artist of SeeSo service.
(3) “Sponsor or Sponsorship” refers to the amount of money paid by users in the manner set forth in these Terms and provided to Artist by Company as specified herein.
(4) “Reward” refers to any compensation given in return to the support of Artist, including free digital sound source download, free CDs, and/or signed CDs, provided that Reward may not be given depending on the type of sponsorship.
(5) Star Candy: currency in use for purchase of paid services provided by the Company, which can be used to purchase gift items or to sponsor an Artist.
(6) One-time sponsorship: sponsorship made to an Artist only for once by the payment method as specified by the Company.
(7) Payment: The process in which users purchase Star Candy with payment information including payment method that he or she has provided or make sponsorship to an Artist through the sponsorship feature.
(8) Recharging: The process of purchasing Star Candy by the payment method (such as credit card on the app market) as specified by the Company.
(9) Settlement (or Conversion): The process in which an Artist registered with the Service converts Star Candies given by users as a gift into cash. (Settlement shall be made as specified by the Company through a separate authentication process.
B. Payment Method and Terms
In principal, the means in use for payment by users shall be in accordance with the regulations set forth by the app store operator. Under the circumstances of the Company, particular payment means may be added or the Service may be suspended or changed.
(1) Start Candies recharged through payment may be checked with regard to their purchases and sponsorship at the My Star Candy menu.
(3) Users may use paid services subject to the payment policy of each app store operator depending on their device in use for the Service, and differences in such payment policy may result in different amounts of payment. In addition, purchase and payment for paid services shall be made in an amount charged in the manner and under the policy as specified by a mobile network operator or platform operator linked to the app store operator and by the app store operator, and the payment method thereof also shall be in accordance with the policy of the relevant operator.
(4) Payments made by users for paid Services may be used only on the device where the relevant Services are downloaded or installed.
(5) In principle, payments for paid Services shall be made in an amount charged under the policy and in the manner as specified by the mobile network operator and at the app store, and payment thereof also shall be made in the manner as specified. Subject to the policy of the Company and of payment service providers (mobile network operators, the app store, etc.) and in accordance with the government guidelines, payment limits may be imposed or adjusted depending on payment means.
(6) The Company will take no responsibility for any third party payment as a result of user failing to use the password set-up features on his/her own device and at the app store or to keep payment information secure and confidential.
C. Payment Approval
The Company may reject an approval or cancel the same later with regard to the application for any of the following uses:
(1) if failing to pay service fees or unable to know who made the payment.
(2) if applied by a minor under the age of 19 without consent of his/her legal representative.
(3) if deemed impossible to approve for any reason attributable to the applicant.
(4) in other cases where approving the application is considered to be against applicable laws or in violation of social stability and order, public morals and the Company’s business policy including its relevant regulations.
In any of the following cases, the Company may restrict its approval with regard to application of service use until the cause of restriction disappears:
(1) if due to lack of service facilities, it is considered that the Service cannot be provided to a satisfied level
(2) In the event of service system issues or problems.
Refund shall be made under the refund policy of the app store operator depending on the OS type of the device in use for the Service. Upon payment cancelled, any Star Candy given additionally at the time of recharging shall be returned without notice.
(1) Refund of payments is limited in the following cases:
o if the payments have been used for purchase or applied for services.
o if items are gained without payment in normal process of service use.
o for items giving additional benefits.
o if part of items sold in a bundle has been used.
(2) Refund is not made for paid items acquired by users as a compensation during the Service without payment of which details are normally recorded or provided by the Company through internal events or external events in association with outside partners.
(3) Upon request of an user, refund may be processed by the Company’s Customer Service Center through a separate Consent to Personal Information Handling and verification of purchase details by the Company, which is preceded by purchase detail verification done by the platform operator or the app store operator. In the process, the Company may contact the user with the information provided by the user and find accurate facts as necessary to check the legitimate reason for cancellation and ask the user for additional proofs.
(4) Refund of overpayments shall be made as follows:
o Overpayments incurred intentionally by or for reasons attributable to the Company are refunded to the user, provided that if overpayments incurred intentionally by or for reasons attributable to the user and despite the user’s intention or fault, there is an objective and reasonable reason for refund, costs incurred by the Company refunding such overpayments are borne by the user to a reasonable extent.
o Basically, refund of overpayment is in accordance with the refund policy of the app store operator. Therefore, in the event of any overpayment occurring in the payment process, refund request shall be made to the app store operator, in principle.
o Refund may not applicable to fees for application download or use of network service (for calls, data, etc.).
E. Artist Settlement (or Exchange)
(1) In order to settle (or Exchange) Star Candies given by users in support of him/her, an Artist shall:
o Settling (or exchanging) Star Candies given in support into cash requires the authentication process set forth by the Company. For the application process for the settlement (or conversion), documentation and information as required by the Company shall be submitted in writing. (User name and copy of ID and of bankbook are required to be provided in writing, and as necessary, the Company may request the user to submit additional information)
o If no problem is found in a review of such settlement (or conversion) application, settlement or conversion is made in cash to a bank account on the 15th day of the next month.
(2) To apply for settlement (or conversion) that converts Star Candies into cash, an Artist shall meet the following requirements :
o There are at least 700 Convertible Star Candies, and settlement application shall be made per 100.
o Star Candies remain effective for five years of sponsorship.
o Regardless of the amount of converted Star Candies, taxes may be imposed pursuant to applicable laws (such taxes may vary depending on tax rates of the country of app store.)
o Upon Star Candies converted into cash, an obligation to declare an aggregate income tax shall is incurred regardless of the amount of conversion.
o Upon conversion thereof applied, any Star Candies are converted on the basis of per Star Candy value, and the amount of conversion thereof will be paid on the 15th day of the next month. (If the payment day falls on a weekend and holiday, payment may made on the next business day.)
o If applicant and subscriber are not identical, a conversion application approval is rejected.
o Star Candies donated through payment by illegal means including theft shall be deleted after giving notice thereof to the relevant supporter or payer.
F. Cancelation of Sponsorship Service
(1) Any user signing a sponsorship service use agreement with the Company may cancel the agreement to the extent as set forth in the payment regulations of the app store platform operator, provided that cancelation of the agreement is limited if:
o It is clearly expressed that an agreement of the relevant sponsorship cannot be cancelled.
o Rewards were provided or the user used such Rewards even if in part.
(2) The user may terminate/cancel a sponsorship service use agreement within three days of paying for sponsorship or within 30 days of his/her knowing or being able to know any of the following:
o If Reward for sponsorship service users is not provided (only if Reward is applicable)
o Reward for users is different than expressed/advertised or has remarkable differences (only if Reward is applicable).
o sponsorship have not paid to Artists.
(3) In the case of Paragraph 1 or 2, the user may withdraw, cancel or terminate his/her sponsorship service use agreement at any time by contacting the Customer Service Center, and the Company shall handle the case promptly as specified herein or in applicable laws.
(4) Upon receiving a notice given by a user about the intent of such cancelation/termination as set forth in Paragraph 3, the Company shall respond to the user without delay.
(5) The user may request a remedy for defects in the sponsorship service use for a certain period before expressing his/her intent of cancelation or termination as above.
(6) Upon request of such termination/cancelation, refund shall be made depending on payment means in the following manner, provided that cancelation periods, methods or measures after cancelation may vary by payment means. In addition, refund shall be made basically in accordance with the refund policy of the app store operator. Therefore, in the event of overpayments, refund request shall be made to the app store operator in principle.
o For other payment means, payment means-specific payment cancelation procedure shall apply.
o If the cancelation period of a particular payment expires, refund, if made in cash, shall be performed by deducting applicable payment processing fees.
A. We may from time to time, amend or replace these Terms as permitted under the applicable laws, including “Act on the Regulation of Terms and Conditions”, and “Act on Promotion of Information and Communications Network Utilization and Information Protection”. In the event we need to amend or replace these Terms, we will post a notice on our website or mobile app page, or notify you via email, phone, text messaging, or written mail, about the changes, why we are changing it, and the date the changes will become effective, at least seven days prior to the date on which the changes will become effective. However, for changes that may materially or adversely affect your rights, we will give you a thirty day prior notice so that you can understand how your rights are being affected. Also, we may in such notice, state that you will be deemed to have agreed to be bound by the amended Terms of Service unless you notify us otherwise. In this case, unless you express otherwise before the date on which the amended Terms of Service will become effective, you will be deemed to have agreed to the terms of the amended Terms of Service.
B. We will not be able to apply the Terms of Service as amended without your consent. Consequently, we may discontinue provision of or you may withdraw from our Service if you do not wish to be bound by the amended Terms of Service.
A. You may end your legal agreement with Melephant at any time for any reason by deactivating your account and discontinuing your use of our Service.
B. We may end our legal agreement with you with prior notice for the following reasons:
o For reasons set forth in Section 4A;
o If you violated your obligations set forth in Section 9 or 10;
o If you engaged in a conduct that we reasonably determine to be inappropriate or unacceptable.
In such case, you will be given at least fifteen days to provide us with a justification, excuse or other explanation as to why your account should not be terminated. If we determine at our sole discretion that your explanation is valid, we will not terminate your account and continue to provide our Service to you.
C. If you violate any current laws or cause serious damage to us by engaging in intentional or grossly negligent misconduct, we may immediately terminate this Terms of Service and your account with us without any prior notice. Upon termination, we will provide you a notice setting forth the following information:
o The reason for termination; and
o The date on which termination will become effective.
E. In the event of account deletion for any reason, Content that you submitted may no longer be available. Melephant shall not be responsible for the loss of such Content.
A. In the event we need to reach you, we will notify you via email, phone, or text messaging at the addresses or numbers you provided. However, if the content of such notification is applicable to all our users and does not affect an individual user in a materially adverse way, we may post a notice on our website or mobile app page in lieu of the foregoing notification method, provided that such notification remains posted for a period longer than seven days.
B. You are responsible for maintaining the accuracy of your contact information. In the event we need to notify you but are not able to reach you due to reasons attributable to you (e.g. failure to maintain or update contact information) a notice will be deemed to have been given to you upon two failed attempts of trying to reach you and the posting of notification in the manner set forth in the above paragraph.
16. Disclaimers and Limitations of Liability
A. Please read this section carefully since it limits the liability of Melephant and related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Melephant Entities”).
B. Our Service is Available “AS-IS.” Your access to and use of our Service or any Content is at your own risk. You understand and agree that our service IS provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, MELEPHANT ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
C. Limitation of Liability. IN NO EVENT SHALL MELEPHANT ENTITIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, CAUSED BY YOUR OWN NEGLIGENCE, RECKLESSNESS OR OTHER WRONGFUL ACTS WHILE YOU ACCESS , USE, OR ATTEMPT TO USE OUR SERVICE (e.g. loss or damage incurred while filming or otherwise preparing Content to be posted via our Service), (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MELEPHANT SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE DUE TO REASONS BEYOND OUR CONTROL OR ATTRIBUTABLE TO YOU (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
D. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MELEPHANT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
E. YOU SPECIFICALLY ACKNOWLEDGE THAT MELEPHANT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
F. Links. Our Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Melephant Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Melephant Entities from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to our Service; (ii) your violation of any term of this Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of our Service.
18. General Terms
A. Waiver and Severability. The failure of Melephant to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction. These Terms and any action related thereto will be governed by the laws of the Republic of Korea without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with our Service will be subject to the exclusive jurisdiction of Seoul Central District Court of Korea, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement. These Terms make up the entire agreement between the parties regarding our Service, and supersedes any prior agreements.
D. Assignment. All of our rights and obligations under this Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Our Service is operated and provided by Melephant Inc., #808, PangyoChangJoGeongJeValley, 815, Daewangpangyo-ro, Sujeong-gu, Seongnam-si, Gyeonggi-do, Republic of Korea. If you have any questions about these Terms, please email us at [firstname.lastname@example.org]
Last Updated : December. 12. 2017