Terms of service
Chapter 1. General Provisions
Article 1 : Purpose
The purpose of these General Terms and Conditions for Use of Services on the TENASIA Site (these “General Terms and Conditions”) is to set forth the rights, obligations and liabilities of Users (as defined below) of an online site (http://www.tenasia.com) (the “TENASIA Site”) operated by KOREA ENTERTAINMENT SERIVCE (the “Company”) with respect to the Services provided by the Company and additional services provided by the Company.
Article 2 : Effectiveness and Amendment of the General Terms and Conditions
1. These General Terms and Conditions shall become effective upon being posted on the initial screen of the Services on the TENASIA Site.
2. Upon the occurrence of any reasonable event which makes it necessary to amend these General Terms and Conditions, the Company may amend these General Terms and Conditions to the extent not violating the relevant laws and regulations.
3. A Member shall have the right to object to the amendment to the General Terms and Conditions. A Member who does not agree with the amendment to the General Terms and Conditions may request to withdraw the membership from the TENASIA Site. The Company shall notify Members (as defined below) of amendment to General Terms and Conditions and clarify that Members should indicate his or her objection within 7 days of becoming aware of such amendment. If the Members don’t indicate his or her objection in that period, Members shall be deemed as consenting to the amendment to the General Terms and Conditions.
Article 3 : Applicable Provisions Other Than the General Terms and Conditions
1. The Company can establish the seperate General Terms and Conditions of individual services the Company offer. If the applicable provisions collide with this General Terms and Conditions, the one of individual services has priority of application.
2. If related Act and subordinate statute regulates that was not specified in this General Terms and Conditions, the Company would follow regulations of the related Act and subordinate statute.
Chapter 2. Membership and service use agreement
Article 1 : Definition of Member
A person who agreed to use the Services provided by the TENASIA Site, based on IDs granted by the Company under a Service Use Agreement regarding the Company’s General Terms and Conditions.
Article 2 : Application for Use of Services
1. A User applies for membership by indicating his or her consent to these General Terms and Conditions after filling the required information in a membership application form prescribed by the Company (“Application Form”).
2. A person desiring to use the Services as a Member shall apply by providing his or her personal information in the Application Form. The personal information a user provided is protected throughly by the Company’s personal information protection policy.
3. The information in the Application Form should coincide with the actual information. The member who doesn’t submit his or her actual information could not receive legal protection.
4. If a person younger than 14 years of age desires to apply for membership, confirmation shall be required that consent has been obtained from such child’s parents or legal guardian.
- To obtain consent from his or her legal guardian, such child can obtain consent by his or her legal guradian confirming the child submitting membership to use the Services provided by the Company, marking consent and registering real name, resident registration number and contact number.
- To make up for section 1, the Company can confirm consent of such child’s legal guardian through phone call, fax, post and e-mail. The Company can add a reasonable method to check legal guardian’s genuine aggrement.
- The Company can approve a membership of a person younger than 14 years of age after confirming consent of such child’s legal guardian.
- Legal guardian of a person younger than 14 years of age shall pay attention that his or her resident registration number, an important means of confirming consent, not to be misused by a person younger than 14 years of age.
- Legal guardian always can cancel his or her consent, but it dosen’t mean that his or her responsibility is exempt from such Member using the Service for the time period of consent.
5. A user with no resident registraion number, such as Korean national residing abroad and foreigner residing local, shall attach or fax a copy of document for identification to complete their Application Form. It’s only valid to send the document in a month of applying the Application Form.
Article 3 : Approval of Application for Use
1. Application Forms shall be approved by the Company if they were submitted thoroughly and accurately. However, in any of the following events, the Company may elect not to approve an Application Form.
- If the Application Form has been filed in the name of another person;
- If any of the required information filled in the Application Form is false;
- If the Application Form has been filed for the purpose of undermining the societal wellbeing, or good social morals and customs; or
- If the Application Form otherwise fails to satisfy the requirements for application for use as set forth on the TENASIA Site by the Company.
Article 4 : Protection of Personal Information
- The Company shall comply with the personal information protection policy as provided in the relevant laws and regulations, in order to protect personal information of the Users, including the information registered regarding the Users.
- The Company shall provide the personal information protection policy on its initial screen of the Services on the KSTAR10 Site.
- It is possible that the personal information provided voluntarily by Members online such as on the bulletin boards or by emails may be collected and used by other persons, and the Company shall not bear any liability in any connection with such risks.
Article 9 : Consent to Use of Personal Information
- The personal information collected by the Company on the KSTAR10 Site shall be the minimum information necessary for the provision of the Services, and the Company may, if deemed necessary, request more detailed information.
- In any of the following cases, the Company may provide the personal information of Users to a third party with the consent of such Users. Even in such case, the personal information of Users may be provided to third parties only with the consent of the relevant Users and Users who do not want their personal information to be provided may elect not to use the specified Services or participate in the sales promotions or events of the specified types:
- 1. The names, addresses, telephone numbers, etc. of Users may be provided to delivery companies, to enable such Users to receive goods through the KSTAR10 Site, or take delivery of bonus gifts based on such Users’ participation in promotional or other events through the KSTAR10 Site; or
- 2. The personal information of Users who participated in various events taking place on the KSTAR10 Site may be provided to the organizers of such events.
- The Company may, to improve the quality of the Services provided to the Members through the KSTAR10 Site, forge partnerships with specialized contents providers in various areas or business partners (“Allied Companies”), which will enable the KSTAR10 Site to provide a variety of Services, including, but not limited to, tailored services, online advertising services, shopping mall services, community services, pay contents services, mobile services, insurance, credit card and other telemarketing services, statistical or market survey services.
- If the Company desires to provide to, or share with, the Allied Companies as set forth in Section (3) above, the personal information of the Members, the Company shall provide or share the minimum necessary information with the consent of such Users and shall specify for which purpose such information is provided and which information (names of the Allied Companies, the purpose of alliance with the Allied Companies, and the personal information shared with the Allied Companies) is shared.
Article 10 : Changes in the Contracted Matters
- The Members may at any time inspect and modify their personal information through the ‘Account Information Modification’ menu.
- In case of any change that makes the information filled in by a Member at the time of submitting an Application Form not correct, such change shall be reflected online by such Member, and the Member shall bear the consequences, if any, that may arise due to the Member’s failure to update such information.
Article 11 : Grant and Change of ID
- The Company shall grant a User an ID in accordance with these General Terms and Conditions.
- The Company may, in any of the following cases, request a relevant Member to change his or her ID:
- If the Company believes that such ID may be offensive to other people, or harmful to youth and children;
- If an integration of the KSTAR10 Site with other sites results in duplicate IDs;
- If the ID is detrimental to the protection of Member information (because the ID contains special characters or is wholly made up of Korean characters), or to the smooth provision of the Services; or
- If there are any other reasonable reasons.
Obligations of the parties
Article 12 : Obligations of the TENASIA Site
- The Company shall make the Services available to a Member on the date that such Member submitted an Application Form, absent special circumstances.
- The Company shall make continued efforts to provide the Services on a continuous and stable basis in accordance with these General Terms and Conditions, and shall repair and restore the facilities immediately if the facilities are affected by technical difficulties or are destroyed. Notwithstanding the preceding sentence, the Company may suspend its offering of the affected Services in the event of an act of God or emergency or other unavoidable cases.
- If opinions or complaints are raised by Members in accordance with the procedures prescribed by the Company, the Company shall handle such opinions or complaints through appropriate procedures, if the Company recognizes such opinions or complaints as valid. If such opinions or complaints take certain amount of time to handle, the Company shall inform the Members about the reason therefor and the schedule for such handling.
- The Company shall comply with the provisions of Article 8 above in connection with protection of the privacy of Members.
Article 13 : Obligations of Members
- Members shall comply with the terms and conditions of these General Terms and Conditions and also abide by the guidelines and announcements that the Company posts from time to time on the website of KSTAR10. Members shall not act in any other manner that may interfere with the business of the Company.
- Each Member has the obligation to keep his/her IDs and Passwords safe. Each Member shall be liable for all consequences that may arise from negligent management or unauthorized use made of their IDs and Passwords.
- A Member shall report to the Company immediately upon becoming aware of any unauthorized use of his or her ID or Password, and the liability for all consequences that may arise from such Member’s failure to so report shall be borne by such Member.
- The Members shall not conduct any business activities using the Services, without the prior consent of the Company, and the Company shall not be liable for
- the consequences of such business activities or
- the consequences of any business activities that the Members conduct in violation of these General Terms and Conditions. The losses, if any, suffered by the Company as a result of such business activities shall be compensated for by such Members.
- The sound source provided by the Company as part of the Services shall not be used by Members outside of their private use, such as disclosure to the public or re-use of such sound source in public places or in profit-seeking business places or stores.
- Unless the Company expressly consents, no Member may transfer or donate, or provide as security, to a third party, the right of such Member to use the Services or other rights and obligations of such Member under the Service Use Agreement.
- No Member shall do any of the acts described below, in connection with use of the Services:
- Copying other than for such Member’s use, using for publication, broadcasting or similar purposes, or providing to a third party, any information obtained by such Member through the Services, without the prior consent of the Company;
- Spreading or disseminating, to a third party, by way of posting or emailing or in any other manner, any information infringing the patents, trademarks, trade secrets, copyrights or other intellectual property rights;
- Spreading or disseminating, to a third party, by way of transmission, posting or emailing or in any other manner, obscene or vulgar information, sentences, geometric figures, etc. which harms the societal wellbeing, or good social morals and customs;
- Spreading or disseminating, to a third party, by way of transmission, posting or emailing or in any other manner, insulting or threatening content that may infringe the privacy of other people;
- Any act that objectively appears to have a link to a crime;
- Collecting or storing personal information of other Users without authorization of the Company; or
- Any other act that may violate the relevant laws and regulations.
Use of the services
Article 14 : Provision of Information
- The Company may provide Members with various pieces of information that the Company believes that the Members may need during their use of the Services, by way of, among others, public announcement or email.
- The Company may provide information related to the Services through various means of communication (including, but not limited to, information notice and emails) in order to provide better Services to the Members. However, if the Members indicate they do not desire to be provided with such information, the Company shall ensure that such Members shall be excluded from the list of Members to whom such information is provided, and the Company shall not be liable for any disadvantages that such Members may suffer in their use of the Services due to such exclusion.
Article 15 : Posting, Etc. by Members
- Any content within the Services posted or registered by a Member on the KSTAR10 Site may be deleted by the Company without prior notice, if the Company believes that such content falls under any of the following:
- 1. If it criticizes or harms the reputation of another Member or a third party;
- 2. If it harms the societal wellbeing, or good social morals and customs;
- 3. If it is deemed to be related to criminal acts;
- 4. If it infringes upon the rights of any other persons (e.g., copyrights of the Company or copyrights of a third party);
- 5. If it exceeds the posting period or volume established by the Company;
- 6. If the Member posts pornographic content in the bulletin board or creates a link to a ornographic website;
- 7. If it is not suitable in view of the nature of the bulletin board; or
- 8. If it is believed to be violating any laws and regulations.
- The Company may amend database information of a Member (album information, etc.), if deemed unavoidable in view of the circumstances of the Company.
Article 16 : Copyrights to Posted Content
- All rights and liabilities with regards to any posted content will accrue to the person who posted such content, and the Company may not, without the consent of such person, use such content for any profit-making purpose other than for the offering of the Services. Notwithstanding the preceding sentence, the Company may use such content for any non-profit-seeking purpose, and the Company also has the right to post and edit such contents within the scope of the Services.
- No information obtained by a Member through the Services shall be processed or sold by such Member.
Article 17 : Insertion of Advertisements and Transactions with Advertisers
- The Company is able to offer the Services partly from the profits the Company makes from posting advertisings. Users of the Services are deemed to have consented to the insertion of advertisements to which the Users may be exposed while using the Services.
- The Company shall not be liable for any loss or damage that may arise for any Member as a result of such a Member’s participation in promotional activities of an advertiser conducted through the Services or described as part of the Services or a Member’s communication or transactions in connection therewith.
Article 18 : Service Hours
- The Services may be used 24 hours a day and everyday of the year in absence of special technical difficulties or special circumstances of the KSTAR10 Site, except for days or hours designated by the Company for regular checkups or other needs.
- The Company may divide the Services into any number of segments and stipulate separate hours of uses for each such divided segment; provided that the Company gives prior notice thereof.
Article 19 : Responsible Use of the Services
Members may not conduct business activities of selling products using the Services provided by the KSTAR10 Site, and shall be prohibited from, among others, commercial activities through hacking, money-making advertising, pornographic sites, etc. and illegally distributing commercial software. The Company shall not be liable for the results of business activities, losses, and punishment by the related authorities or other legal actions, which may arise as a result of the Users’ failure to comply with the above provisions.
Article 20 : Suspension of Provision of the Services
- In any of the following cases, the Company may suspend provision of the Services:
- If unavoidable due to repair or other works involving the facilities for the Services;
- If the key communications business operators as set forth in the Telecommunications Business Act stop providing telecommunications services; or
- If there is any other force majeure event.
- The Company may restrict or suspend the provision of certain or all of the Services if there are difficulties in normally using the Services due to, among others, national emergency, electric power failure, technical difficulties involving the facilities for the Services, or massive use of the Services.
- In the event of restriction or suspension of the Services under Sections (1) and (2) above, the Members shall be notified by the Company without delay of the reasons therefore and the period of such restriction or suspension.
- The Company may change some or all of the Services, if there is a reason justifying such change considering the operational or technical needs of the KSTAR10 Site.
- In the event of a change in the details, method of use or available hours of the Services under Section (4) above, the Company shall, prior to such change, post, on the initial screen of the Services on the KSTAR10 Site, the reasons for such change, details of the Services after such change, and the date of the provision of such Services as changed.
- The Services provided free of charge may be changed, modified or suspended if there is a reason justifying such a change considering the operational or technical needs of the KSTAR10 Site.
Article 21 : Different General Terms and Conditions for Different Services
For the use of the Services, there may be separate General Terms and Conditions (or public announcements), other than these General Terms and Conditions. In case of a conflict between such separate General Terms and Conditions and these General Terms and Conditions, the General Terms and Conditions closest to the Services in question shall prevail.
Termination and restriction of use
Article 22 : Termination and Restriction of Use
- A Member desiring to terminate the Service Use Agreement shall make an online request to the KSTAR10 Site that he or she be allowed to withdraw from the KSTAR10 Site.
- If a Member commits any of the following acts, the Company may, without prior notice to such Member, terminate the Service Use Agreement or suspend use of the Services for a certain period of time.
- If such Member has stolen or made fraudulent use of another person’s personal information, ID and/or Password;
- If such Member has committed an act which harms the reputation of another person or is otherwise detrimental to another person;
- If such Member has infringed the intellectual property rights of the Company, another Member or a third party;
- If such Member has intentionally spread or disseminated content which harms the societal wellbeing, or good social morals and customs;
- If such Member plans to use, or uses, the Services for the purpose of undermining the national interests or public interests of society;
- If such Member has intentionally interfered with the operation of the Services;
- If such Member transmits large volumes of information or information of advertising nature in order to interfere with stable operation of the Services;
- If such Member spreads or disseminates a computer virus program which may cause malfunction of the information and communication equipment and facilities or loss of information;
- If such Member is subject to a remedial order issued by the Korea Internet Safety Commission or any other outside organization, or is subject to interpretive ruling of the Election Management Committee regarding an illegal election campaign;
- If such Member, without prior authorization of the Company, copies or distributes information obtained using the Services of the KSTAR10 Site, or uses such information for commercial purposes;
- If such Member posts pornographic content on the bulletin board or provides a link to a pornographic website;
Compensation for damage and miscellaneous provisions
Article 23 : Compensation for Damage
The Company shall not be liable for any damage that may be incurred by a Member in connection with his or her use of the Services provided free of charge, unless the Company has acted with willful misconduct or gross negligence.
Article 24 : Exemption from Liability
- The Company shall be exempt from responsibility for provision of the Services if such inability to provide the Services is due to an act of God or a force majeure event equivalent thereto.
- The Company shall not be liable to a Member for a technical difficulty involving the use of the Services if such difficulty is due to a cause attributable to such Member.
- The Company shall not be liable for loss of profit that a Member expected to enjoy using the Services or the damage incurred by a Member due to data obtained through the Services.
- The Company shall not be liable for the reliability, accuracy, etc. of the information, data or facts posted by the Members on the Services.
- The Company shall not be liable for damage incurred by a Member in connection with use of the Services, to the extent that such damage is due to wilful misconduct or negligence on the part of such Member.
Article 25 : Jurisdiction
Any lawsuit filed in connection with a dispute arising from the use of the Services shall be subject to the exclusive jurisdiction of the Seoul Central District Court.
These General Terms and Conditions shall become effective as of January 31, 2012