Terms of Service
Article 1. Purpose
Article 2. Definitions
The definitions of terms used in this Agreement are set forth as follows:
1. “Member” refers to a customer who logs into the Service of the Company, signs an agreement for use with the Company in accordance with this Agreement, and uses the Service provided by the Company.
2. “ID” refers to a combination of letters and numbers set by the Member and authorized by the Company for the identification of the Member and use of the Service.
3. “Password” refers to a combination of letters or numbers set by the Member in order to identify whether the Member matches with the given ID and to protect confidentiality.
4. “Fee-based Service” refers to the various types of online digital content (including various data content and paid item content) and related services that the Company provides for a charge among the Service.
5. “Posting” refers to signs, voices, sounds, videos, posts, images, files, and links that are posted or registered by the Member on the Service provided by the Company.
6. “Location Information” refers to “Location information” of Article 2(1) and “Personal Location Information” of Article 2(2) of “Act on the Protection, Use, etc, of Location Information (hereinafter “Location Privacy Protection Act”).
Article 3. Posting and Amendment of the Agreement
2. The Company may amend the Agreement within the scope of not violating relevant laws and international conventions, such as the “Location Privacy Protection Act”, “Contents Industry Promotion Act”, “Regulation of Standardized Contracts Act” and the “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.” (hereinafter “Information and Communications Network Act”).
Article 4. Working Rules (Besides Agreement)
Article 5. Entering into the Agreement for Use
2. The Member shall apply for a membership via online or in a way designated by the Company by filling the below items in the application form:
1) E-mail ID;
2) Profile photo;
4) Others which the Company regards necessary.
3. The Company shall grant the Applicant the right to use the Service. However, the Company may disallow the Applicant from using the Service, or may terminate the agreement for use afterwards in the following cases where:
2) The Applicant used other person’s name or a name other than his/her real name;
3) The Applicant entered false information, or did not enter the information requested by the Company;
4) The Applicant under the age of fourteen (14) did not get the approval from his/her legal representative (parents, etc.) when he/she entered Personal Information;
5) An approval is impossible due to the user’s liability, or the Applicant applies for a membership while violating other related regulations;
6) In case that the company is in a difficult situation to agree with the use or the Member is incapacitated or unqualified.
4. Receiving a membership application pursuant to Clause 1, the Company may request a real name authentication or ID certification.
5. The Company may delay the approval when the Service-related facilities are not enough, or there are technical or business issues.
6. In principle, the Company shall give a notification to the Applicant when it does not approve the membership application or delay the approval in accordance with Clause 3 and 5.
7. The Company may categorize the Member by grade pursuant to the Company policies, and give differential treatment to the Members in using the Service by segmenting the hours and frequency of use, and the Service menus.
Article 6. Changes to Member’s Information
1. The Member may access and modify his/her Personal Information anytime through the personal information page. However, it is impossible to revise IDs that are necessary for the Service management.
2. The Member shall notify the Company of the change by modifying the information online or by emailing to the Company, when his/her registered information has been changed.
3. The Company shall take no responsibility for the disadvantages that might occur as a result of the Member not informing the Company of the change described in Clause 2.
Article 7. Obligations to Protect Personal Information
Article 8. Obligations to manage Member’s ID and Password
1. The Member shall be responsible for managing his/her ID and Password, and a third-party shall be disallowed to use the ID and Password.
2. The Company may restrict the use of ID, if the Member’s ID is vulnerable to personal information leakage and against the traditional custom, and antisocial, or confused with the Company or the Company’s operator.
3. The Member shall immediately notify the Company of the theft and follow the Company’s guide when he/she recognizes that his/her ID and Password have been stolen, or used by a third party.
4. In the case of Clause 3, the Company shall not be responsible for the disadvantages that might occur as a result of the Member not notifying the Company of the fact, or the Member not following the Company’s guide even if he/she notified the Company.
5. Although the Service supports open IDs, the Company shall not be responsible for matters with respect to the authentication of ID and Password provided and managed by a company which issues and authenticates open IDs.
Article 9. Notification to Member
1. When the Company sends a notification to the Member, unless described otherwise herein, the Company may send it to the email address designated by the Member, or through electronic memos or notes within the Service.
2. When giving notifications to all the Members, the Company may replace the notification described in Clause 1 by putting a post on the Company’s Website or Service for more than seven (7) days.
Article 10. Obligations of the Company
3. When the Company acknowledges that the opinions or complaints from the Member with respect to the use of the Service are justified, the Company shall handle them. As for the opinions or complaints from the Member, the Company shall inform the Member of the handling process and results through electronic memos or by email.
Article 11. Obligations of Member
1. Members shall not engage in the behavior set forth as follows:
1) Registering false information when applying for a membership or modifying information;
2) Using the Personal Information of others;
3) Posting or transmitting information (such as computer programs) other than the information designated by the Company;
4) Infringing on intellectual property rights including copyrights of the Company and a third party;
5) Damaging the reputation of the Company and a third party, or disrupting their businesses;
6) Disclosing or posting obscene or violent messages, videos, voices and other information that violates the traditional custom in the Service;
7) Using the Service for a commercial purpose without the Company’s agreement;
8) Collecting other members’ Personal Information and account information;
9) Copying, dissembling or modifying the Service through the process, such as reverse engineering, decompiling, or dissembling;
10) Disrupting the normal operations of the Service by using the Service through illegal programs such as automatic connection program, other than the Service provided by the Company;
11) Conducting other illegal or unjust behaviors.
Article 12. Provision of Service
1. The Company provides the Member with the following services:
1) Pudding.to: Posting pictures/ friend suggestions based on location, mood and tags/communication services;
2) Pudding facial recognition: When the Member using the Service transmits her/his photos, it allows to find out which celebrity the Member resembles;
3) Provision of information using the current Location Information: Based on the current location of the Members using the Service, POI information or photos of neighboring areas or other related services will be provided;
4) Any services that the Company provide to the Member through additional developments or partnership with other companies, etc.
2. The Company may categorize the Service and designate the hours for use by category. However, such cases shall be notified in advance.
3. In principle, the Service is provided all year around, 24 hours a day, 7 days a week. However, in cases of Article 13, the Company may change a time and way to provide the Service or stop providing the Service.
4. The Company may carry out a routine maintenance when it is needed for providing the Service, and the time of the maintenance shall be the time publicly announced on the service screens or pages.
Article 13. Changes and Suspension of the Service
1. The Company may change all or part of services in the following cases where:
1) Efficiency or profits get worsening due to the decrease in use;
2) A flood of use disrupts the Service;
3) There is a maintenance check, repair, replacement, breakdown, or communications cutoff of information and communications facilities like computers, and there are other significant operational issues;
4) A common carrier designated by Telecommunications Business Act stops providing electronic communication services Telecommunications service;
5) The shift to next generation service is required due to technical improvement;
6) The policies of the Company related to the providing of the Service or of Location Information providers change;
7) Providing all or part of the Service violates the relevant laws;
8) The Service is disrupted due to the national emergency, revision of laws, the court’s ruling and administrative action or orders;
9) The Member disrupts the Service on purpose or by gross negligence;
10) Providing the Service by the Company is deemed inappropriate due to other reasons.
2. If there is a change to the content of the Service or how and when to use the Service, the Company shall give a notification to the Member in a way set forth in Article 9 (Notification to Member). However, if the Company cannot give a notice beforehand due to unavoidable circumstances, it may notify the Member afterwards.
3. If it is necessary for the Company’s policies or operation, the Company may change, stop, or modify the Token provided for free or a part or all of the services, and shall not compensate the Member for this, unless otherwise stated in the relevant laws.
Article 14. Providing Information and Posting Advertisement
1. The Company, through public notices or emails, may provide various types of information recognized as necessary for the Member to use the Service. However, through email, the Member may refuse to receive the information anytime, except answers from the customer center and the trade-related information in accordance with the relevant laws.
2. If the Company is to send the information described in Clause 1 through telephones or other transmission devices, the Company shall receive the Member’s consent beforehand.
3. The Company, regarding the Service operation, may post advertisements on the Service screen, homepage and emails. The Member who receives the emails with advertisements may refuse to receive the emails.
Article 15. Copyright of Posting
1. The copyright of a Posting posted by the Member within the Service shall vest in the author of the Posting, and if the Posting of the Member violates intellectual property rights, causing legal disputes, the Member shall take all the responsibilities. The Member shall grant the right for the Posting on the Company as in the following Clauses.
2. Rights of Company for the Service
The Posting that the Member posts within the Service may be exposed to search results, the Service, and related promotions, and may be posted modified, copied or edited within the scope necessary for the exposure.
3. Rights of Company and a third company to use Postings for free
1) Rights of the Company and a third company to nonexclusively and freely use the Posting concerned across the world through existing and any media to be developed;
2) Rights of the Company and a third company to allow the above case to other third party.
Article 16. Management of Posting
1. If the Posting of the Member violates relevant laws, such as the “Information and Communications Network Act” and “Copyright Act,” the right-holder may request that the Posting be taken down or be deleted pursuant to the procedures set forth in the relevant laws, and the Company shall take measures in accordance with the relevant laws.
2. Even without the request from the right-holder as described in the previous Clause, the Company may take temporary measures on the Posting in accordance with the relevant laws if the Posting infringes on rights, or violates policies of the Company or relevant laws.
3. The procedures pursuant to this Article shall follow “Notice AND Take Down” of the Company within the scope set forth in the “Information and Communications Network Act” and “Copyright Act.” http://help.paran.com/faq/report/RightReport.jsp
Article 17. Ownership of Rights
1. The Company shall own copyrights and intellectual property rights on the Service. However, the Member’s Postings and the works provided in accordance with partnership contracts shall be excluded.
2. The Company shall own the ownership and right to use for all intellectual property rights such as trademark, service mark, design, logos and slogans concerning the Service such as the design of the Service provided by the Company, text, scripts, graphics and mutual communications and a function of transmission created by the Company.
4. The Member shall not use, copy or distribute the status information of the Member gained through the Service, except the content explicitly allowed by the Company for a commercial purpose and shall not copy or distribute texts, scripts, features of mutual communications between the Member and transmission of graphics.
5. The Company shall grant the Member only the right to use account, ID and content as described in the conditions for the use set by the Company, and the Member shall be prevented from transferring or selling the right, or providing it as collateral.
Article 18. Member’s Termination/Cancellation of Agreement
1. The Member may request a withdrawal from his/her membership anytime through the personal information management menus, and the Company shall handle it promptly as set forth in the relevant laws.
3. When the Member terminates the agreement, all the Postings registered in his/her account shall be deleted. However, the Posting registered on others’ account and replies posted on others’ Posting shall not be deleted.
Article 19. Restrictions on Use
1. In case that the Member conducts behaviors as listed below or the competent authorities such as Korea Communications Standards Commission request, the Company may restrict his/her use of the Service by giving warning, suspending and stopping the use permanently in stages or may cancel the usage contract without a prior notification:
1) The behavior violating this Agreement or disrupting normal operation of the Service;
2) The behavior running counter to social morals such as posting obscene contents or having obscene websites linked within the Service for the purpose of sharing;
3) The behavior distributing information, phrases, figures and voices of the contents which disrupt public order or morals;
4) The behavior defaming or insulting;
5) The behavior infringing the right of the Company or a third party such as copyrights and intellectual property rights;
6) The behavior producing, importing, transmitting or posting technologies, products or information which are banned from producing, importing, transmitting or posting under the relevant laws and regulations;
7) The behavior regarded as associated with a crime;
8) The behavior hacking, distributing viruses or continuously transmitting the contents such as advertisement against others’ will;
9) The behavior falsely using IDs of other Members or impersonating others;
10) The behavior collecting, falsely using, storing or distributing other Member’s Personal Information;
11) The behavior stalking or bullying others;
12) The behavior gaining financial benefits or disrupting a normal operation of the Service of the Company by joining or withdrawing numerous times without significant reasons;
13) The behavior giving, selling or renting his/her ID;
14) The behavior disrupting operation of the Service or violating relevant regulations.
2. The Company may immediately terminate the Agreement if the Member violates relevant laws, notwithstanding the steps taken as in the previous Clause, as in the cases where he/she illegally uses other’s name or makes a payment in other person’s name violating the “Resident Registration Act,” provides illegal programs and disrupts the operation violating the “Copyright Act” and “Computer Programs Protection Act,” conducts illegal communications and hacking violating the “Information and Communications Network Act,” distributes malicious programs, and exceeds his/her login authority. When the agreement is terminated in accordance with this Article, all the benefits acquired by using the Service shall be lost, and the Company shall not be responsible for any compensation.
3. The Company may restrict the use for the protection of the Member’s information and the efficiency of operations when the Member has not logged in for more than three (3) months.
4. Within the scope of restrictions on use set forth in this Article, the Company shall follow policies regarding restrictions on use when it comes to the conditions and details of restrictions.
5. The Company shall give a notification to the Member as described in Article 9 (Notification to Member), when restricting the use of the Service or terminating the agreement pursuant to this Article.
6. In accordance with the procedure set forth by the Company, the Member may raise objections on the restrictions on use described in this Article. In this case, when the Company acknowledges the justification of objections, the Company shall immediately resume the use of the Service.
Article 20. Method to collect Location Information
The Company collects an individual’s Location Information as listed below:
1. Real-time collection in the Cell-ID method utilizing a cell phone;
2. Through GPS information collected by a cell phone where a GPS chip is embedded;
3. Through Wi-Fi information collected by a cell phone where a Wi-Fi chip is embedded.
Article 21. Use of Location Information
1. The Company may use the Location Information or Personal Location Information of the Member for the Service when the Member says yes to ‘I agree with the company to use Location Information after logging into the Service through mobile terminals.
2. In case of the Member who does not agree with the use of Location Information, the use of Location Information may be requested whenever he/she is to use the services using Location Information. Such member may have difficulty in using the normal Service with mobile terminals:
1) In case that the Member does not choose an automatic log-in feature, the Member may choose whether to agree with the use of Location Information whenever logging into the Service with mobile terminals;
2) 2. In case that the Member does not agree with the use of Location Information, the Company shall not use Location Information;
3) In case that the Member is less than 14 years, the Company shall go through a procedure for getting an agreement from a legal representative in accordance with Article 23 of Information and Communications Network Act
3. The Company shall use Location Information to recommend friends based on the current location of the Member
4. The Member may request a withdrawal from the Service anytime and in such case, the agreement on the use of Location Information by the Member is deemed to be terminated.
Article 22. Rights of Member for Personal Location Information
2. The Member may request temporary suspension on the collection/use/provision of Personal Location Information anytime. In such a case, the Company shall not decline the request, and shall be in possession of technical methods to support such a request.
3. The Member holds the right to require the Company to access or be notified of below data and in case an error is detected in the below document, the Member may request for correction. In this case, the Company may not decline such request unless it has a proper reason:
1) Verification document for confirming collection, use and provision of Location Information
2) Details and reasons on providing Personal Location Information of the Member to the third party according to the Act on the Protection, Use, etc. of Location Information as well as other rules and regulations.
4. In case the Member withdraws all or part of his/her agreement according to this Article, the Company shall not hesitate to destroy collected Personal Location Information and verification document on the collection/use/provision of Personal Location Information. However, in case the Member withdraws only part of his/her agreement, the object for destruction is confined to verification document on Personal Location Information/ Location Information regarding the section the Member withdraws.
5. The Member may contact the Company using the Company’s contact information stipulated in Article 31 to exercise his/her right set in Clause 1 and 3.
Article 23. Rights of Legal Representative
1. In case the Company collects, uses or provides Personal Location Information of a child under the age of fourteen (14), it is mandatory to receive agreement from the child him/herself as well as his/her legal representative.
2. In case the legal representative agrees on the collection/use/provision of Personal Location Information of minors under the age of fourteen (14), the legal representative may exercise his right to suspend or withdraw agreement as well as temporarily suspend and right to inspect/require for notice.
Article 24. Use of Location Information to protect Minors under the Age of Eight(8)
1. In case that persons responsible for protecting the person of the following cases (hereinafter, Minors under the Age of Eight(8) agree with the collection, use or provision of person location information of Minors under the Age of Eight(8) to protect the life and physical body of Minors under the Age of Eight(8), we assume that Minors under the Age of Eight(8) agree:
1) Minors under the Age of Eight(8);
2) An incompetent;
3) Persons who have mental disorder in accordance with Article 2(2(2)) of Welfare of Disabled Persons Act and severely disabled persons in accordance with Article 2 (2) of Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons(only subject to persons registered as a disabled person in accordance with Article 32 of Welfare of Disabled Persons);
2. Persons responsible for protecting Minors under the Age of eight(8) in accordance with the above Clause 1 refers to persons who in fact protect Minors under the Age of Eight(8) as listed below:
1) A legal representative of Minors under the Age of Eight(8) or a guardian in accordance with Article 3 of Act on the Guardianship of Orphans in Protective Facilities;
2) A legal representative of an incompetent;
3) A legal representative stated in Clause 1(3) or head of a facility for the disabled(only subject to a facility established/run by a state or local government) in accordance with Article 58(1(1) of Welfare of Disabled Persons Act, head of a social return facility for a mentally handicapped person in accordance with Article 3(4) of Mental Health Act (only subject to a facility established/run by a state or local government) and head of a mental patient sanatorium in accordance with Article 3(5) of Mental Health Act ;
3. In case that a person responsible for protecting Minors under the Age of Eight(8) agrees to use or provide Personal Location Information of Minors under the Age of Eight(8), the persons may exercise every right of Minor under the Age of Eight(8), a subject of local information.
Article 25. Immediate Notification to Member in Case Personal Location Information is Provided to a Third Party
1. The Company must not reveal Personal Location Information without consent from the Member to the third party. In case such information is to be provided to the third party, the Company should notify of the receiver and purpose of such revelation to the Member prior to application and obtain consent.
2. In case the Company provides Personal Location Information to the third party indicated by the Member, Company must immediately notify the Member of receiver and date/purpose of receipt every time such provision takes place through appropriate telecommunication device.
3. However in below case, the Company should use telecommunication device or e-mail previously set by the Member, a subject of Personal Location Information, for notification.
1) If regarding telecommunication device which collected Personal Location Information is not support with text/ voice message or image receiving function;
2) In case the Member, a subject of Personal Location Information, made a prior request to send such information to telecommunication device or email other than the device/e-mail used for collecting Provider’s Personal Location Information.
Article 26. Compensation for Damages
1. The Company shall be responsible for compensating for damages caused by the intention or gross negligence of the Company in the course of using the Service.
2. In cases that the Member damages the Company by violating this Agreement or in the course of using the Service, the Member shall compensate for the Company.
3. In case the Member, a subject of Personal Location Information, experiences damages due to the Company’s violation of article 15 or 26 of Act on the Protection, Use, etc. of Location Information, the Provider may request the violating party to compensate for damage. In this case the Company cannot be exempt from the burden of all costs and responsibility unless the Company can prove itself that such violation was not the result of intention or fault.
Article 27. Limitation of Liability
1. The Company shall be exempt from any responsibility related to providing the Service in the case where the Company is unable to provide the Service due to natural disasters or any force majeure.
2. The Company shall not be responsible for Service errors occurred due to the Member’s liability.
3. The Company shall not be responsible for the credibility and accuracy of the information, documents and facts that the Member posts regarding the Service.
4. The Company shall be exempt from any responsibility when there was a trade between Members or between the Member and a third party having the Service as a medium.
5. The Company shall be exempt from any responsibility when there was a trade between Members or between the Member and a third party having the Service as a medium.
6. The Company shall not be responsible for the content and quality of products or the Service advertised through the page within the Service or a linked website by a third party.
7. The Company, employees of the Company and representatives shall not be responsible for damages caused by the following cases:
1) A damage caused by false or inaccurate status information of the Member;
2) An individual damage caused by accessing and using the Service regardless of the feature of and route to the Service;
3) A damage caused by every illegal access to servers or illegal use of servers by a third party;
4) Damages caused by all illegal hindrance or suspension on transmission from or to servers by a third party;
5) Damages caused by all viruses, spywares and other malicious programs illegally transmitted or distributed by a third party using the Service;
6) Damages caused by errors, omission, or destruction of transmitted data;
7) Legal responsibilities due to defamation or other illegal actions occurred in the course of registering Member’s status information and using the Service.
Article 28. Use in Foreign Countries
The Company shall not guarantee equal quality or serviceability of the Service across the world. Thus, in case the Member is to use the Service, he/she shall determine whether to use in his/her judgment or responsibilities. In particular, the responsibility to abide by local regulations in the course of using the Service lies in the Member.
Article 29. Settlement of Disputes
In case a dispute on Personal or Location Information occurs between the Company and the Member, an agreement is recommended to be made to settle the dispute, and in case of a dispute which does not allow agreement or which cannot come to an agreement, the Company may apply for motions to the Personal Information Dispute Mediation Committee according to Article 43 of Personal Information Protection Act.
Article 30. Governing Law and Jurisdiction
Disputes arising between the Company and the Member shall be governed by the laws of the Republic of Korea.
Lawsuits regarding the disputes arising between the Company and the Member shall be brought in the competent court according to the code of Civil Procedure.
Article 31. The Information of the Company
The name, address, and contact information of the Company are as follows;
1. Name of company : KT Hitel Co., Ltd
2. Address : Samsung Boramae Omni Tower KTH, 395-62, Sindaebang-2 dong, Dongjak-gu, Seoul, Republic of Korea
3. Phone number : 1588-5668