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Terms of Use

Article 1 (Purpose)

① The purpose of these Terms of Use is to set forth and clarify the legal relationship between Muzlive Co., Ltd. (hereinafter referred to “Company”) and the members for the use of the internet-related services (hereinafter referred to “Service”) which the Company provides through kitalbum Platform (hereinafter referred to “Platform”), by the user who executed the service agreement (hereinafter referred to, the agreement referred to “Service Agreement” and the user referred to “Member”, respectively).

② “Terms of Platform Use” refers to the entire terms and conditions for the Service including the Terms and additional terms that may be added subsequently and hereinafter referred to as ‘Terms’.

③ The Company would post the Terms and the privacy policy on the initial screen of ‘Service’ to ensure easy identification and confirmation by members.

※ The Terms shall apply mutatis mutandis to e-commerce transactions using PC communication, wireless, etc.

Article 2 (Account Creation and Use)

① “kitalbum account” (hereinafter referred to 'account') means a login account created by the member in order to use the Service provided by the Company. When the member agrees to the Terms and enters account information, it is created through the sign-up procedure after the Company verifies the certain information (confirmation on the e-mail address).

② An account is required to smoothly use the Service provided by the Company and some menus and services are made available without sign-up.

③ After creating an account, the MM may use the platform provided by the Company in full. However, in login to the new service of the Company for the first time, procedures such as consent to use and agreement to individual terms of service are required.

④ “Non-member” refers to any person who uses the Service without creating an account.

⑤ ‘User(s)’ refer to members and non-members who access the platform provided by the Company and receive the service provided by the Company in accordance with the Terms.

Article 3 (Service Agreement)

① The Service Agreement is executed when a person who intends to become a member (hereinafter referred to ‘applicant’) agrees to the Terms, then applies for membership, and the Company approves such application. The applicant becomes a member from the point when the Service Agreement is executed after acceptance of the Service Agreement by the Company, and may use the Service according to the Terms.

② The Company may collect (personal) information including e-mail address of the applicant in course of making the Service Agreement and, in this case, the applicant shall provide accurate (not false) information. A separate privacy policy is applied to collection, use and storage of personal information in accordance with this clause.

③ The Company may reject or withhold acceptance of the application from the applicant or terminate the Service Agreement subsequently, if executed, due to reasons such as mechanical access to the service system or account theft, false information and confirmation of service abusing details of the applicant.

④ In case of using the Service as a non-member, it is deemed that such a user has agreed to the Terms. Use of the Service may be restricted in case of violating the Terms. In addition, the Service may be suspended depending on the reason for suspension of the Service in Article 6.

⑤ The Company does not provide the Service to children (under 14 years old).

Article 4 (Specification and Amendment of the Terms)

① The Company shall post the texts of the Terms on the initial service screen (front) of the platform in full to ensure users may easily identify and understand them. However, the provisions of the Terms shall be made available to the user through the link screen.

② The Company may amend the ‘Terms to the extent of not violating the related laws.

③ When the Company revises the Terms in accordance with the preceding clause, it shall be notified in advance through the Service by stating the effective date, changes and reasons thereto. However, if the change is legally unfavorable to the member, such changes shall be informed through the Service from 30 days before the effective date, but also the details shall be clearly noticed to the members via electronic means such as e-mail and agreement window in login, etc.

④ If the member does not agree to the changes in the Terms, the Service Agreement made through the Terms may be terminated and the use of the Service may be stopped.

⑤ Even if the Company gives a public notification or a notice for amendment of the Terms in accordance with clause 3 of this Article, that failure of expressing the intention to reject before the effective date would be deemed as agreement to the revised Terms, when the member fails to express his/her express intention of rejection.

⑥ Matters not set forth herein and interpretation of the Terms shall be in accordance with the Act on Consumer Protection in Electronic Commerce, etc., the Act on Regulation of Terms and Conditions, Consumer Protection Guidelines in Electronic Commerce, etc. as prescribed by the Fair Trade Commission and related laws and commercial practices.

Article 5 (Rendering and Change of the Service)

① The Company provides the Service as follows:

  • • Online shopping mall (hereinafter referred to ‘Mall’)
    • o Providing the information on goods or services and execution of a purchase contract
    • o Delivery of goods or services for which a purchase contract has been executed
  • • App service (hereinafter referred to ‘App’)
    • o Providing contents through mobile applications
  • • Community service (hereinafter referred to “Community”)
    • o Providing contents through online community services

② The Company may change the Service if necessary. However, if the change in the Service has a significant effect on the rights and obligations of the member, such a change shall be made through the procedure of public notification or notice under Article 4.

③ The Company may temporarily suspend the Service in case of maintenance, inspection, replacement or breakdown of information and communication facilities, communication interruption, or any significant reason in operations.

④ The Company may make regular inspections if necessary for the Service and temporarily suspend the Service in the course of regular inspections.

Article 6 (Suspension of the Service)

① The Company may temporarily suspend the Service in the event of maintenance, inspection, replacement, breakdown of information and communication equipment such as computers or interruption of communication.

② The Company would compensate damages suffered by users or third parties due to the temporary suspension of the Service due to the reasons under clause 1 above. However, this shall not apply if the Company proves that there is no intention or negligence of the Company.

③ If the Service cannot be provided due to conversion of business item, abandonment of business, merger between companies, etc., the Company shall inform the user in the manner as prescribed in Article 8 and make compensations to the consumers according to the conditions originally proposed by the Company. However, if the Company fails to notify the compensation standards, etc., the mileage or reserve of the users shall be paid to the users in kind or cash equivalent to the currency value accepted by the Company.

Article 7 (Posting of Advertisements)

The Company may post advertisements of the Company or third parties on the Service.

Article 8 (Rights and Obligations of Members)

① Members may use the contents such as 'mall', 'app', and 'community' (hereinafter referred to 'content') provided to members through the Service for personal and non-commercial purposes and do any act allowed through the Service (e.g., writing comments, etc.).

② Members shall not acquire any right to the contents provided through the Service other than the limited rights in the preceding clause.

③ Members shall not use the contents beyond the scope permitted by this article as follows and, in case of doing any of such things, take all civil and criminal responsibilities.

  • Unauthorized production of the contents as a separate video file, etc.
  • Unauthorized posting of the contents on Internet
  • Unauthorized providing of the contents to a third party
  • Other copyright infringements on the contents

④ Members shall not access the server and network system of the Service in an unauthorized way or shall not do anything that interferes with the Service.

⑤ Members shall not engage in any of the following acts:

  • 1. Providing false information to the Company or using other people's information illegally
  • 2. Infringement of intellectual property rights such as copyrights of the Company and other third parties
  • 3. Defamation of or interference with business of the Company and other third parties
  • 4. Commercial use of the Service without the consent of the Company
  • 5. Pretending to be the Company or dissemination of false information in relation to the Service
  • 6. Other illegal or wrongful acts such as those prohibited by related laws including the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.

⑥ Members shall be responsible for managing their IDs and passwords, bear various damages that may occur due to willful misconduct or negligence, inform the Company any theft or a third party’s use of their IDs and passwords which such members came to know and follow the instructions of the Company, if any.

Article 9 (Restriction on Use)

① The Company may temporarily or permanently restrict the member's use of the Service as set forth in this Article.

② Temporary restrictions on use

  • 1. Where the member violates his/her obligations under Article 8

③ Permanent restrictions on use

  • 1. Where the member habitually violates his/her obligations under Article 8
  • 2. Where the member's violation of obligations in Article 8 constitutes a crime

Article 10 (Rights, Obligations and Indemnification of the Company)

① The Company shall hold all rights in the Service.

② The Company shall make efforts to provide the Service stably but, in the event of natural disaster, war or other force majeure events, the Service may be stopped or suspended, and the Company shall not be responsible for this.

③ The Company shall not be responsible for any damage or loss caused by the member's use of the contents unless it is caused by the reasons attributable the Company including willful misconduct or negligence.

Article 11 (Notice)

① If the Company give a notice to members individually, unless otherwise specified in the Terms, it may be serviced using the email address entered by the member in sign-up.

② Notwithstanding clause 1, if the Company gives a notice to many but unspecified members, it may be posted on the service screen for more than 7 days in lieu of the individual notice.

Article 12 (Dormant Accounts)

① If a member does not use the Service for 1 year, it shall be treated as a dormant account for the smooth member management, which may restrict the members’ activities.

② After a certain period of time has elapsed after the member is treated as a dormant account, the Company may destroy the member's reserve amount after notifying it in the manner as prescribed in Article 11.

Article 13 (Compensation for Damages)

The Company or the member shall be responsible for compensation of damages caused to the other party due to the reasons attributable to the Company or the member. In particular, if a member infringes the copyright of the contents in violation of Article 8(3), the member shall bear all civil and criminal responsibilities thereto.

Article 14 (Change of Service Provider)

① If the provider of the Service is changed due to transfer or assignment of the business, whether in whole or part, merger, spin-off or split-off or asset transfer of the Company, the Company shall inform the members of the personal information transfer in accordance with Article 26 of the Information and Communications Network Act.

② If the Company changes the provider of the Service in accordance with clause 1 above, the Service Agreement executed between the Company and the member according to the Terms XB transferred to the changed provider of the Service.

③ The Company shall guide the method and procedure for withdrawing consent to collection and use of personal information and agreement to the Terms if the member does not want the transfer of personal information or the Service Agreement.

Article 15 (Purchase Application)

A user of the Mall may apply for a purchase in the Mall by the following or similar methods and the Mall shall provide each of the following information in a manner easy for the user to understand when applying for a purchase.

  • Search and selection of goods, etc.
  • Entry of name, address, phone number, e-mail address (or mobile phone number), etc.
  • Confirmation of the Terms, services with the limited right to withdraw subscription, and cost burden such as shipping and installation expenses
  • Indication of agreeing to the Terms and confirmation or rejection of the matters under paragraph 3 (e.g., mouse click)
  • Consent to purchase application for goods, etc. and confirmation thereto or consent to the confirmation of the Mall
  • Selection of payment method

Article 16 (Establishment of the Agreement)

① The Mall may not accept the purchase application as in Article 15 in following cases. However, in the case of entering into a contract with a minor, it shall be notified that the agreement may be canceled by the minor or the legal representative if the consent of the legal representative is not obtained.

  • Where there is a falsehood, omission, or error in the application details
  • Where a minor purchases goods and services prohibited by the Youth Protection Act, such as tobacco and alcohols
  • Where it is otherwise determined that accepting purchase requests is significantly difficult in the technology of the Mall

② The agreement shall be deemed to have been established when the consent of the Mall reaches the user in a form of a receipt confirmation notice under Article 18(1).

③ In the expression of consent by the Mall, information on the confirmation on the user’s purchase application and availability of sale, correction or cancellation of the purchase application, etc. shall be included.

Article 17 (Payment Method)

The payment method for goods or services purchased from the Mall may be any of the following methods available. However, the Mall shall not collect any fee, in whatever pretext or name in addition to the price of goods, etc. for the payment method of the user.

  • Various account transfers such as phone banking, internet banking, and mail banking
  • Payment by various cards such as prepaid cards, debit cards, and credit cards
  • Online deposit without a bankbook
  • Payment through electronic money
  • Payment against receipt
  • Payment by points granted by the Mall such as mileage
  • Payment by gift certificate contracted with the Mall or accepted by the Mall
  • Payment by other electronic payment methods, etc.

Article 18 (Notice of Receipt Confirmation/ Change and Cancellation of Purchase Application)

① The Mall shall inform the user of the receipt confirmation when there is a purchase request from the user.

② The user who received the receipt confirmation notice may request to change or cancel the purchase application immediately after receiving the receipt confirmation notice if there is any discrepancy in expression of the intention, etc. If there is a user's request before delivery, the Mall shall process it according to such a request without delay. However, if the payment has already been made, the provisions of Article 21 regarding withdrawal of subscription, etc. shall apply.

Article 19 (Supply of Goods, etc.)

① Unless there is a separate agreement with the user regarding the supply period of goods, etc., the Mall shall take other necessary measures such as order production, packaging, etc. to ensure the goods may be delivered within 7 days from the date of the user's subscription. However, if the Mall has already received the payment for goods, etc. whether in whole or part, the Mall shall take measures within 2 business days from the date of receiving such payments. In this case, the Mall shall take appropriate measures to ensure the user may check the supply procedure and progress of goods, etc.

② The Mall shall specify the delivery method for the goods purchased by the user, the person responsible for the delivery cost for each method, and the delivery date for each method. If the Mall fails to meet the contracted delivery date, the Mall shall compensate the user for damages. However, this shall not apply when the Mall proves that there is no willful misconduct or negligence.

Article 20 (Refund)

If the goods or services requested by the user cannot be delivered or provided due to out-of-stock, etc., the Mall shall inform the user of the reason without delay and, if payment for the goods, etc. has been received in advance, shall refund or take action necessary for refund within 3 business days from the date of receiving the payment.

Article 21 (Withdrawal of Subscription, etc.)

① A user who has entered into an agreement for purchase of goods, etc. with the Mall may withdraw the subscription within 7 days from the date of receiving a document regarding the details of the agreement pursuant to Article 13(2) of the Act on Consumer Protection in Electronic Commerce, etc. (If the supply of goods, etc. is made later than the date of receiving the document, it refers to the date when the goods, etc. are supplied or the supply of the goods, etc. begins). However, otherwise provided for the withdrawal of subscription in the Act on Consumer Protection in Electronic Commerce, etc., it shall be in accordance with the provisions of the Act.

② The user shall not return or exchange goods, etc. in following cases;

  • 1. Where goods, etc. are lost or damaged due to reasons attributable to the user (However, if the packaging is damaged to check the contents of the goods, etc., the subscription may be withdrawn)
  • 2. Where the value of goods, etc. has significantly decreased due to the use or partial consumption by the user
  • 3. Where the value of goods, etc. has significantly decreased to the point where resale is difficult over time
  • 4. Where the packaging of the original goods, etc. is damaged when reproduction is possible with goods, etc. with the same performance

③ In the case of clause 2(2) through (4), if the Mall fails to take measures including failure to mark in a place where consumers can easily understand in advance the fact that the withdrawal of subscription is restricted or failure to provide ding trial products, the user's withdrawal of subscription, etc. is not limited.

④ Notwithstanding the provisions of clause 1 and clause 2, if the content of goods, etc. is different from the displayed or advertised content or is performed differently from the agreement, the user may withdraw the subscription, etc. within 3 months days from the date of receiving such goods, etc. or within 30 days from the date when the use came to know or could have known the fact.

Article 22 (Effect of Subscription Withdrawal, etc.)

① The Mall shall refund the payment for goods, etc. already paid within 3 business days when goods, etc. are returned from the user. In this case, when the Mall delays the refund for goods, etc. to the user, the overdue interest calculated by multiplying the overdue interest rate determined and announced by the Fair Trade Commission for the delay period shall be paid.

② When the user paid for goods, etc. through payment methods such as credit card or electronic money in refunding the above payment amount, the Mall shall request the operator who provided the payment means to suspends or cancel the charge for the goods, etc. without delay.

③ In case of subscription withdrawal, etc., the cost required for returning the supplied goods, etc. shall be borne by the user. The Mall shall not claim a penalty or compensation for damages from the user due to withdrawal of subscription, etc. However, in case of subscription withdrawn, etc. as the contents of the goods, etc. are different from the displayed or advertised contents or if the contract is performed differently, the cost necessary for return of the goods, etc. shall be borne by the Mall.

④ If the user has paid the shipping cost when receiving the goods, etc., the Mall shall clearly indicate who bears the cost when the subscription is withdrawn to ensure the user may easily understand.

Article 23 (Personal Information Protection)

① When the Company collects personal information that can be used for personal identification, the consent of the user shall be obtained.

② The personal information provided hereunder may not be used for other purposes or provided to a third party without a consent of the user, and the Company shall bears all responsibilities thereto except for following cases:

  • Where the minimum user information (name, address, phone number) necessary for delivery to the delivery service provider for the delivery business
  • Where the information required for preparation of statistics, academic research or market research is provided in a form that cannot identify a specific individual
  • Where it is necessary for payment for the transaction of goods, etc.
  • When it is necessary to verify the identity to prevent the illegal use by others
  • When there is an unavoidable reason as required by the provisions of the law or the law

③ Among the services provided by the platform, the Mall shall collect the minimum information necessary to fulfill the purchase agreement when using such information. The following items are mandatory and others are optional.

  • Name
  • Address
  • Phone number or mobile phone number
  • E-mail address (for members)
  • Password (for members)

④ If the Company needs to obtain the user's consent pursuant to clause 1 and clause 2, matters as set forth in Article 22(2) of the Act on Promotion of Information and Communications Network Utilization, etc., including identity of the personal information management officer (affiliation, name and phone number, other contact information), collection/use purpose of information, and matters related to providing the information to third parties shall be stated or notified in advance and the user may withdraw the consent/ agreement thereto at any time.

⑤ Any user may request to inspect and correct errors in his/her personal information held by the Company at any time and, in this case, the Company is obliged to take necessary measures without delay. If the user requests correction of an error, the Mall shall not use the personal information until the error is corrected.

⑥ The personal information collected in the process of using the Mall shall be limited to the administrators for protection to minimize the number of such administrators, who shall be responsible for damages of the user due to loss, theft, leakage, falsification, etc. of personal information on the user including credit cards and bank accounts.

⑦ The Company or a third party which received personal information from the Company shall destroy the personal information without delay when the purpose of collecting/receiving personal information has been achieved.

Article 24 (Dispute Settlement)

① The Mall shall establish and operates the damage compensation organization to reflect legitimate opinions or complaints raised by users and compensate for the damages.

② The Mall shall handle complaints and opinions submitted by users preferentially. However, if prompt handling is difficult, the reason and the estimated handling schedule shall be immediately notified to the user.

③ Upon a user's request for damage relief in relation to an e-commerce dispute between the Mall and the user, it may be subject to mediation by the Fair Trade Commission or the dispute mediation agency commissioned by the Mayor/Do governor.

Article 25 (Governing Law and Jurisdiction)

① The Terms shall be governed by the laws of the Republic of Korea and the courts of the Republic of Korea shall have jurisdiction.

② Any lawsuit arisen from disputes between the Company and members shall be based on the address of the member at the time of filing the lawsuit and, if there is no address, the district court with jurisdiction over the place of residence shall have exclusive jurisdiction. However, if the address or residence of the member is not clear at the time of filing, the competent court shall be determined according to the Civil Procedural Act. In the case of a customer with an address or residence abroad, the lawsuit regarding disputes between the Company and such a customer shall be resolved by the Seoul Central District Court, Republic of Korea.

Effective Date: September 1, 2021