Geocube Inc. in order to protect rights and interests of the User and to provide more stable service, hereby prescribes necessary matters regarding Hoyatag service utilization while reflecting the change on provisions of the relevant legislations.
Chapter 1 General Provisions
Article 1 (Purpose)
he Terms and Conditions purports to prescribe the relevant rights, obligations & liability, other necessary matters in terms of Hoyatag & the relevant incidental services (Hereinafter referred to as “ the Service”) provided by Geocube Inc. (Hereinafter referred to as “the Company”).
Article 2 (Definitions)
The definitions used herein are as follows .
The Service : Regardless of implemented terminals (including various wire/wireless devices such as. PC, TV, mobile terminal etc), it means to include usable Hoyatag and the relevant services incidental to Hoyatag, and further means entire system including a system for structuring external screen, movement & server/circuits thereto.
The Service provides customized services by way of supplying functions such as to write social comments or tags, share certain pages, conduct on-line chatting after log-in to the Hoyatag account, SNS ID etc, & to manage and analyze such activities, as well as the function of contents curation through activity results etc. In addition, it is possible to realize such functions on a website operated by the users.
The User : Persons who agreed to the Terms and Conditions and are eligible to use the Service, shall be classified as in the following items.
Member : Person(s) who has generated a Hoyatag account and are eligible to use the Service. Member can use the Service, and install/operate subscription services provided by the Company.
Associate Member : Person(s) who is eligible to use the Service not by using Hoyatag account but SNS ID. In the case of an associate member using the Service, it would be deemed an agreement on the Terms and Conditions, and may use all services other than the membership service.
Hoyatag Account : means a combination of letter, number or special characters decided by member and granted by the Company for purposes of member identification and service use.
SNS ID : means a combination of letter and number opted by the User and approved by the relevant SNS operating company for purposes of member verification and service use.
Password : means a combination of letter and number opted by the User in order to identify that the User is matching with SNS ID or Hoyatag account’s holder, and to protect privacy.
Uploads : mean writing, photograph, video clip & various files and links in a form of signal, alphabet, voice, sound, picture, video clip exhibited on the system while using the Service .
mean short comments or tags made by a visitor through the Service regarding any writings exhibited on the website. Social Comment or Tag Database : means a database to classify, organize Social comments or tags written by the User.
Advertisement : means as advertisement arranged in the section for Social comments or tags, comments or tags advertisement or display advertisement created in a similar size, type & format.
Subscription Service : means a separate service that can be used after completing payments necessary for the Service use via Cyber Money or other payment methods.
Cyber Money : means a virtual payment method used for Hoyatag Subscription Service.
Article 3 (Display and Amendment of the Terms & Conditions)
The Company shall display the Terms and Condition on an initial screen in order for the User to understand it easily.
The Company may amend the Terms and Conditions to an extent not violating the relevant legislations such as the Act on the Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc, (Hereinafter referred to as the “Act on the Information and Communications Network”) etc.
In the case that the Company amends the Terms and Conditions, it should provide a public notice specifying applicable date & amendment reasons together with the current Terms and Conditions according to Article 3(1) above, giving a 30 days prior notice including the previous day of applicable date. Provided that if such amendment is disadvantageous to the User, it should clearly notify via electronic methods such as e-mail, messenger, window pop up regarding agreement at the time of log-in etc, during certain period of the Service other than a pubic notice.
Despite of the Company’s clear announcement or notification that it is deemed an expression of intention unless done so during the 30 days notice peirod, if the User does not show any rejecting intention, would be interpreted as agreeing on the amendments of Terms and Conditions.
In the event that the User disagrees with an amendment, the Company cannot apply such Terms and Conditions and the User is allowed to cancel the Service Agreement. Provided that if there are special reasons not warranting the application of existing Terms and Conditions, the Company may cancel the Service Agreement.
Article 4 (Interpretation of Terms and Conditions)
The Company may have separate terms and conditions & policy (Hereinafter referred to as “Other Terms and Conditions”) as for an individual service added to Hoyatag or Subscription Service, and if the relevant contents are contrary to this Terms and Conditions, Other Terms and Conditions shall prevail.
As to the matters or interpretation not specified in this Terms and Conditions, Other Terms Conditions & the relevant legislations or commercial practice shall be applicable.
Chapter 2 Service Agreement
Article 5 (Entering into Service Agreement)
Service Agreement shall be concluded upon the Company approval as in the following items after the intended user (Hereinafter referred to as “Membership Applicant”) applies for the membership with a consent.
Membership application deems to be allowed if the Company approves a Hoyatag account of Membership Applicant.
Associate membership application deems to be allowed if the Company confirms an applicant’s SNS access using SNS ID after its registration.
As for application by Membership Applicant, the Company in principle allows service utilization; provided that the Company may not allow an application, or cancel Service Agreement thereafter in each of the following items. Additionally, in the case of any damage occurring due to violation of the User, it should be responsible for all civil/criminal liabilities to the Company.
If the Applicant has experienced membership disqualification previously under the Terms and Conditions (Provided it would be an exception if re-entry is allowed as user.)
If used a false name or other person’s name
If used other person’s personal information, Hoyatag account or SNS ID & password without permission
If applied with false information regarding compulsory item fields
If not possible to approve due to imputation on the part of the User otherwise
The Company may withhold permission in the event that the Service related facilities are not sufficient, technical or operational problems exist.
The Company disallows a membership application pursuant to Article 5(2) or Article 5(3), it should notify Membership Applicant of such decision. The Company provides a notice according to Article 7 (Notice to the User). The User may file for a formal objection regarding limited services etc. If the Company accepts that such objection suggested by the User is justifiable, it should recommence provision of the User Service.
Article 6 (Privacy Obligation)
The Company shall protect and respect personal information of the User, and endeavors to protect such personal information according to the relevant legislations; provided that Personal Information Protection Policy will not be applicable to any linked websites at the official site of the Company. The relevant legislations & Personal Information Protection Policy of the Company applies with respect to protection & use of personal information. For further details, please refer to the lower bar at www.hoyatag.com.
Article 7 (Notice to the User)
The Company may provide a notice to the User via e-mail address, messenger etc recorded at the time of using the Service unless specified otherwise.
As for the notice to all users, displaying over 7 days at the Company bulletin board may deem a notice pursuant to the preceding Article 7(1).
Article 8 (Change & Withdrawal of Agreement)
The User can inspect and revise personal information at any time through personal information management page at www.hoyatag.com; provided that some part of information classifying the User may not be possible to revise.
The User is required to revise via on-line if information provided at the time of applying for a membership has changed, and shall be liable for any problems resulting from no changes.
The User may at any time apply for cancellation of Service Agreement through personal information management page at the Company homepage (ie. www.hoyatag.com) and the Company should process immediately. If the User cancels Service Agreement, all related data shall be destroyed immediately following the cancellation, except for cases that the Company is allowed to maintain personal information of the User according to the relevant legislations & Personal Information Protection Policy.
Chapter 3 Obligation regarding the Agreement Party
Article 9 (Obligation of the Company)
The Company should not act in a way being prohibited by the relevant legislations & the Terms and Conditions or harming traditional custom, and endeavor to provide consistent stable services.
The Company shall establish the security system to protect personal information (including financial information) in line with structuring a safe environment for the Service, and make a public notification regarding Personal Information Protection Policy and comply with it accordingly.
The Company shall process objectively justifiable complaints filed by the User, and deliver the relevant results thereof.
Article 10 (Obligation of the User)
The User shall be responsible for managing the relevant obligation regarding Hoyatag account (In the case of Associate Member, SNS ID) and password. The User is liable for all the consequences resulting from careless management, illegal usage etc.
If the User becomes aware of any illegal usage regarding Hoyatag account (In the case of Associate Member, SNS ID) and password, an immediate report should be made to the Company, and the User is liable for all the consequences resulting from no report.
The User should comply with the relevant legislations, the Terms and Conditions, user information & service related notices given by the Company.
The User shall not engage in each of the following items, the Company may limit the Service or cancel Service Agreement, take necessary legal measures if breaching any relevant obligation.
Activities that damage other person’s honor or inflict disadvantage
Activities that violate IP rights of the Company, Other User or any 3rd party
Activities that intentionally spread contents harming public order & traditional custom
Activities that plan and execute the Service use for the purpose of impeding national interests or public interests in the society
Activities that intentionally disrupt the Service operation
Activities that display a great deal of information or promote advertising type information for the purpose of disrupting stable operations of the Service
Activities that supply illegal programs & disrupt operation violating the Computer Programs Protection Act to cause malfunction or destruction of information in regard to ICT equipments, and that conduct illegal communication & hack or spread computer virus programs violating the Act on Information and Communications Network
If external institution such as ICEC etc requires for correction, or receives an authoritative interpretation by National Election Commission regarding illegal election campaign
Activities that make illegal duplicates, distribute or utilize commercially information obtained through the Company Service without a prior consent
If no Service usage records (ie. log-in record) exist over 6 months
If breaching other service conditions such as the Terms and Conditions, stipulated by the Company
In the case of agreement cancellation according to this provision, the User’s benefits, Cyber Money etc acquired by using the Service are lost, the Company will not compensate separately in that regard.
The User is obliged to manage deletion/blocking of uploads prepared through the Service; provided that the Company may delete/block (i) specific words appeared in comments or tags, which is agreed upon prior negotiation between the Company and the User, or (ii) without a prior consent of the User according to deletion/blocking policy previously noticed via homepage.
The User and Company must not assign & transfer, sell, mortgage etc. any rights or obligations of the Terms and Conditions to a 3rd party without a prior written notice
Chapter 4 Service Use
Article 11 (Provision of the Service)
The Company shall provide all services free of charge including other Services additionally developed/supplied, and all free services supplied by partnership agreement etc with other company.
The Service in principle continues a year round, 24 hours per day.
The Company may suspend temporarily any service provision if justifiable reasons exist such as repair maintenance, replacement & breaking down of information communications equipments, loss of communication or considerable reasons in terms of operation, and the suspended hours are based on a notice on the Service screen. In that regard, the Company should notify the User in a way prescribed pursuant to Article 7 of the Terms and Conditions (Notice to the User). Provided that the Company can notify afterwards if unavoidable circumstance prevents it from notifying in advance.
If the Company suspends the Service due to reasons stipulated in Article 11(3), the User is not allowed to file for civil/criminal proceedings against the Company.
The Company may subdivide the User per level in terms of utilization hours, utilization times, service menu etc, according to the User Operation Policy of the Company.
The Company may limit the Service use to comply with ratings & age restrictions according to the "Promotion of the Motion Picture and Video Products Act" & "Juvenile Protection Act" etc.
Article 12 (Subscription Service)
The Company shall provide Member with Subscription Service after agreeing to the Terms and Conditions. The Company charges a member for the Service in accordance with utilization purpose & view size of the page installed/operated, and gives a separate notice for the detailed charge schedule.
The Company may operate advertisements on the commenting or tagging section in lieu of subscription charge; provided that Member is allowed to request for the suspension if intends, the Company should suspend advertising immediately upon receipt of such request. In the event that the Company halts advertising, the Company may request relevant charges to Member and a charge schedule will be separately notified.
In the case that the User applies for Subscription Service, relevant charges are calculated as in the following items (Provided that payment method may be varied as per negotiation with the relevant companies).
Term Period Payment : A method to prepay one-off amount for the relevant period after selecting certain terms (ie. 1 month, 3 months, 6 months etc). Subscription Service shall be automatically terminated if not paying any more when the opted term expires.
Regular Payment : A method to pay automatically per month. In the event that regular payment opted Member intends to cancel Subscription Service Agreement, such intention should be expressed to the Company in accordance with prescribed procedure, otherwise charges continue as it deems automatic renewal of the Agreement. Expiry date due to receipt of cancellation notice shall be 1 month (ie. 30 days) from the automatic payment date.
The Company may maintain payment related information of a member during service use period & certain period thereafter for the purpose of automatic renewal & charge request per month regarding Service Agreement.
In the case that Member considers advertisement performed by the Company to infringe unjustifiably any interests of the Member, it may request for cancellation & withdrawal of such advertisement.
In the event that Member interrupts an advertisement specified in Article 12(2) without a justifiable reason, the Company may suspend the Service without a prior notice, and if the Company receives any loss or damage caused by such activities, the Member is liable for all civil/criminal proceedings against the Company.
In the event that Member intends to use separate subscription services & subscription information provided by the Company and affiliated websites, the separate Terms and Conditions is to apply.
The Company will not refund already paid amount without a fault of the Company in the event that the User requests cancellation of Service Agreement on Subsection Service. Provided that the Company, if there are justifiable reasons to cancel the Agreement, refunds the remainder equal to (i) amounts calculated from refund application date to expiry date (As for regular payment method, to expiry date for the relevant payment month) minus (ii) a separate cancellation charge & settlement transaction fees.
In the case that Associate Member intends to use Subscription Service, membership should be acquired by making a Hoyatag account.
Article 13 (IP Rights of Upload)
IP rights of the relevant works uploaded to the Service by the User shall be vested in a creator of the relevant Uploads.
Works uploaded to the Service may partly be revised/copied/edited to an extent necessary for service operation, promotion & improvement and development of new services.
In the event that the Company intends to utilize works of the User other than the purpose prescribed in the preceding Article 13(2), which is to exceed an agreed scope, it should obtain a prior consent of the User via phone, fax, email etc.
Article 14 (Ownership Rights)
The Company shall possess all copyrights & IP rights regarding the Service.
The User shall possess copyrights & IP rights of social comments or tags written in a process of using the Service unless special reasons exist.
The User should not duplicate, transmit, publish, distribute, broadcast any information (including all information provided by the Company in the case of Subscription Service) acquired through using the Service to make profits, or disclose for the benefit of a 3rd party, without a prior notice to the Company. Further, it should not produce similar services or a 3rd party is not allowed to use it illegally.
In the case that the User breaches the preceding provisions of Article 14(2), Article 14(3), it shall be liable for all civil/criminal proceedings against the Company & a 3rd party.
Article 15 (Modification of the Service)
In the event that the Company has justifiable reasons, it may modify a part or whole of the Service provided depending on operational/technical necessities.
In the event that contents, utilization method & hours are changed, the Company should display information such as reasons, changing service contents & commencing date etc on an initial screen prior to the modification.
The Company may modify, suspend, change a part or whole of the free of charge services, and is not liable to compensate for the User unless otherwise specified in the relevant legislations.
Article 16 (Service Provision & Advertisement Display)
The Company may provide the User with any relevant information regarding membership, point service etc so as to supply more beneficial services. Provided that the User is allowed to reject a receipt of information via email at any time, except for transaction related information according to the relevant legislations, customer center Q&A etc.
The Company, in relation to service operation, may display advertisements on service screen, homepage etc. The Use who received an email displaying advertisement may express the intention to reject such receipt.
If the Company transmits any information specified in Article 16(1) via telephone, fax etc, it should obtain a prior consent of the User.
Chapter 5 Miscellaneous
Article 17 (Limitation of Liability etc)
The Company may suspend its services in the event that service provision is not possible based on natural disaster or force majeure equivalent thereto. In that regard, the Company shall not be liable for such suspension.
The Company shall not be liable for any disruptions on service use due to a material fault of the User.
The Company shall not be liable for any contents in terms of information, material, trustworthiness, accuracy etc that are displayed relating to the Service by the User.
In the event that the User has exchanged any transaction etc via service system with other user or a 3rd party, the Company shall not be liable for all incidental matters including any and all loss or damage caused by the aforementioned transaction.
The Company shall not be liable to the User regarding any free of charge services unless otherwise specifically stipulated in the relevant legislations.
Article 18 (Indemnification)
If the User and Company inflicts any damage to the other Party intentionally or negligently, responsible Party should indemnify and hold harmless the other Party from any and all loss or damage resulting from the relevant breaches.
Article 19 (Governing Law & Jurisdiction)
Any proceedings arising between the Company and the User shall be governed by in accordance with the laws of the Republic of Korea.
The parties herein consent to the exclusive jurisdiction and venue of the competent court according to the Civil Procedure Act.
This Terms and Conditions shall be effective as of August 1, 2018.