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Purpose

These General Terms of Use (the "Terms") are intended to set forth terms and conditions and procedures of services, and rights, obligations, responsibilities and other matters between PopKorn music (the "Company") and the Member(s) (as defined below) in relation to the use of the Company's website (www.popkornmusic.com) and other services (referring to Internet based services provided by the Company for the customers and the Members through various digital devices including personal computers and multimedia devices and programs) (collectively, the "Service").

Definition

The terms used herein shall have the meanings as set forth below, and the interpretation of terms that are not defined below shall be in accordance with applicable laws and separately executed service agreements.

2-1 A "General Member(Puff, PopKorn music buff)" shall mean a customer who logs onto the Service, agrees on the Terms and is issued an ID and a password.
2-2 An "Artist Member" shall mean a Member who has the right to upload and manage sound sources. General Members may be converted to an Artist Member by registering artist profiles.(General Members and Artist Members shall be collectively referred to as the "Members")
2-3 "Member Information" shall mean personal information of customers that is required to be filled out in the application form provided upon the subscription to the Service as General Member or Artist Member.
2-4 “Posted Materials” shall mean texts, sound clips, video clips, images and files displayed, posted, shared, or registered on the Service by the Members.
2-5 “Booster” shall mean a sound source player necessary to use the sound source service of PopKorn music.

Effect; Amendment

3-1 The Terms shall become effective upon the display thereof on the monitor of the Member or notifying the Member of the Terms by listing the Terms on the bottom of the website.
3-2 The Company may amend the Terms to the extent that amendment thereto is not in compliance with applicable laws.
3-3 If the Company amends the Terms, it shall notify thereof by sending emails to Members prior to the operation of such amendment.
3-4 It shall be deemed that the Member agrees on the amended Terms, unless the Member clearly expresses its intent of rejection thereto notwithstanding the Company's notice or advice provided upon the notice of the amendment to the Terms as set forth in Article 3-3 above, if the Member fails to give notice of rejection within five (5) days from the notice date of the amendment.
3-5 If the Member does not agree on the amended Terms, it may cease the use of the Service and terminate the Terms.
3-6 The Member shall use due care and the Company shall not be liable for any damage inflicted to the Member due to the Member's failure to understand and recognize any amended Terms.

Other Rules

Any matters that are not set forth in the Terms shall be in accordance with separate service terms and conditions, instructions and rules.

Execution of User Agreement and Unit of Execution

5-1 A user agreement shall be constituted upon the customer's agreement on the Terms and the Company's approval for its application for use.
5-2 The expression of intent to agree on the Terms shall be made by checking the blank box located next to "I agree on the Terms above" on the application form provided at the time of subscription to membership.
5-3 A user agreement shall be executed on one ID and one user agreement basis.
5-4 Any agreement to be executed for the use of other special services shall be deemed as a separate agreement.
5-5 Separate agreements may exist for the use of the Service.
5-6 Additional agreements may exist for services to be additionally provided, and in the case of conflicts among the Terms and separately executed agreements, such separately executed agreement shall prevail.

Membership; Use of Service

6-1 The range of the Service available shall vary according to the status of membership; non-member, the General Member, the Artist Member and dormant member. More detailed information thereon shall be available on separate service agreements.
6-2 Anyone aged thirteen (13) or older may subscribe to membership. The Company shall not be liable for any legal issues arising from the violation of the age limitation.
6-3 A Member who provides inaccurate information at the time of subscription shall not be entitled to legal protection and may be restricted to the use of the Service.

Protection and Use of Personal Information

The Company shall use efforts to protect personal information of users including their registration information as provided under applicable laws, and the Company's policy of personal information protection shall apply to the protection and use of personal information of users. Provided, that websites hyperlinked from other websites than the Company's official website shall not be subject to the Company's policy of personal information protection. The Company shall not be liable for information disclosed due to the fault attributable to the users, and any policy to protect personal information shall be in accordance with PopKorn music's Privacy Protection Policy.

Membership Subscription; Restriction

8-1
The Company may not accept an application for subscription to membership if:
- (1) an applicant is a Member subscribed with an e-mail account of another person;
- (2) an applicant applies under an existing ID;
- (3) an applicant provides inaccurate information;
- (4) an applicant applies for the Service with intent to use the Service for illegal purposes; and/or
- (5) the approval of the application is impossible due to the fault attributable to the applicant. If the occurrence of one of the events set forth above is confirmed after the approval of membership, membership may be forfeited.
8-2
The Company may withhold approval for an application for subscription to membership if:
- (1) the Company's facilities cannot afford additional membership; and/or
- (2) the Service is interrupted;

Grant, Change, etc. of User ID

9-1 The Company shall grant a user an ID in accordance with the Terms.
9-2 An ID shall not be changeable, in principle. If a user wishes to change its ID for inevitable reason, it shall cancel the ID and subscribe again.
9-3
An ID may be changed upon the Company's request if:
- (1) the ID gives a disgusting feeling to others or socially unacceptable; and/or
- (2) any other reasonable cause exists
9-4 It is a sole responsibility of the Member to control and manage its ID and password. The Member shall be responsible for any damage to the use of the Service arising from negligence in the management of its information or illicit use of the ID and password by a third party, and the Company shall not be liable for the damage.

Company's Obligations

10-1 The Company shall not disclose and publish the personal information of the Member without its consent thereof that the Company has obtained in relation to the grant of the Service except as permitted by law or requested or demanded by a relevant office for a certain investigation conducted pursuant to applicable laws.
10-2 Without prejudice to Article 10-1 above, the Company may produce and use statistics of personal information, in whole or part, of the Members without their prior consent thereto in relation to the conduct of its business, and to this end, the Company may transmit cookies to their computers. In this case, the Members are entitled to change their computer browser setting to ensure that they reject the receipt of cookies or issue a warning on the receipt of cookies. The Members shall be responsible for any change in the use of the Service that could be caused due to the change of the value of cookies.
10-3 In the case the Service provided by the Company inflicts damage to the Member, the Company shall be responsible for damage inflicted due to a willful act or gross negligence of the Company to the extent of general damages.
10-4 If it takes three (3) days or longer for the Company to investigate and confirm facts related to the damage set forth in Article 10-3 above, the Company shall notify the Member of when the Company will provide it with investigation result. If the Company makes an agreement thereon with the Member, it shall be in accordance with agreed terms.

Members' Obligations

11-1 The Member shall be obliged to manage its ID and password as personal information, and shall take sole responsibility for any and all consequences arising from the use of the ID and password.
11-2 The Members are solely liable for their interactions with other Members, and the Company reserves the right, but has no obligation, to monitor disputes among Members and also holds no responsibility for any Member’s action or inaction.
11-3 The Member shall not unreasonably collect, store, publish or use other Members' personal information and accounts.
11-4 The Member shall have all rights to and responsibilities for materials, information and contents published by the Member through the Service, and the Company shall not be liable for any damage and loss arising from such materials, information and contents as long as such damage and loss do not arise due to the Company's willful act.
11-5 The Member shall not be engaged in an act infringing rights of the Company and a third party including copyrights thereof.
11-6 Except as otherwise officially permitted by the Company, the Member shall not be engaged in (i) sale of products and commodities by using the Service(some exceptions may apply), (ii) making profits from hacking and advertisement activities, (iii) commercial activities through obscene websites, or (iv) illegal distribution of commercial software. The Company shall not be liable for any consequence or loss or any legal action, including but not limited to, an arrest by a relevant authority, arising from the engagement of one of the activities set forth in the preceding sentence by the Member, and the Member shall be obliged to indemnify the Company for damages inflicted from such engagement.
11-7 The Member shall not be engaged in promotion and advertisement activities for other websites.
11-8 The Member shall not be engaged in activities to send text messages or email by representing himself as an operator, employee or related party of the Company nor register or display fraudulent Posted Materials. In the case the Member is engaged in the activities set forth in the preceding sentence, the Company is entitled to the removal of such text messages, email or Posted Materials from its website without prior notice thereof, and shall not be liable for any damage arising from the removal thereof.
11-9 The Member shall not be engaged in activities to distribute information, sentences, figures and voice sound incompatible with public order and good custom of society, and shall take sole responsibility for any and all consequences arising from the Posted Materials infringing intellectual property rights including copyrights of others and other rights.
11-10 The Member shall comply with relevant laws, the Terms, instructions published under the instructions of use of the Service and any other matters notified by the Company, and shall not be engaged in any act that is illegal, unreasonable or interrupting the business of the Company.

Provision, Change of the Service

12-1 PopKorn music shall provide the Service as provided in the Terms.
12-2 The Company is entitled to change the Service defined in Article 12-1 above by making an announcement on its website or sending email to the Members regarding the contents of the Service to be newly provided or changed and the date from when the Company will provide the new or changed Service.

Management of Materials and Posted Materials

13-1 Subject to any valid account settings the Members opt for, the Members grant the company a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, display, reproduce, share, modify (e.g., re-format), re-arrange, and distribute the Member’s Posted Materials on PopKorn music for the purposes of operating and providing the Service(s) to the Members.
13-2 The Company may decide the duration of display and size of materials and the Posted Materials to be provided through the Service in accordance with the public announcements made by the Company and the use policy established by the Company.
13-3 Following termination or deactivation of the Member’s account, or if the Member removes any Posted Material from its account or wall, PopKorn music may retain the Member’s Posted Material for a commercially rational period of time for backup, archival, or audit reasons. In addition, PopKorn music and other Members may retain and continue to display, reproduce, share, modify, re-arrange, and distribute any of its Posted Materials that other Members have shared to their own walls or which they have posted to public or semi-public areas of the Service.
13-4 As for the regulations applied to sound sources uploaded by the Artist Members, please refer to the separate terms and conditions of the Service.
13-5
The Company may delete, relocate or refuse to register contents, materials and the Posted Materials if:
- (1) they are severely offensive to or tarnish the reputation of other Members or a third party;
- (2) they are to distribute or have hyperlinks to contents incompatible with public order and good custom of society;
- (3) they encourage illegal reproduction or hacking;
- (4) they are commercial advertisements;
- (5) they are objectively determined that they are involved in a criminal activity;
- (6) they infringe rights of other users or a third party including copyrights thereof;
- (7) they are incompatible with the principles established by the Company in relation to the Posted Materials or are inconsistent with the nature of the relevant bulletin boards;
- (8) it is assumed that they are likely to be involved in an activity infringing the legal benefits of a third party, and the interested party thereto requests the removal thereof or they are likely to be a cause of claim or charge to be filed against the Company;
- (9) they contain a virus likely to create damage to the Service;
- (10) they are subject to the request for deletion by law enforcement authorities pursuant to applicable laws; or
- (11) they are determined to violate applicable laws.

Intellectual Property Rights

14-1 “Intellectual Property Rights” mean all patent rights; copyright rights; moral rights; rights of publicity; trademark and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.
14-2 The Members' acts to provide the Posted Materials or materials in the manner of posting and sharing the Posted Materials or the transmission of materials shall be deemed that the Members grant the right of communication to the public to the Company as long as an explicit expression of objection thereto does not exist, provided, that sound sources to be uploaded by the Artist Members shall be dealt with in accordance with separate terms of conditions.
14-3 Copyrights and neighboring rights to sound sources to be uploaded by the Artist Members and intellectual property rights equivalent thereto shall be held by the owners of property rights thereto. As for more detailed matters, please refer to separate terms and conditions.
14-4
Suspension; Notice of Reproduction and Transmission
- (1) A person who wishes to assert that his copyrights or rights to be protected under applicable laws have been infringed by the reproduction and/or transmission of copyrighted material through the Service (the "Asserting Party") may request an online service provider to suspend the reproduction and/or transmission of such copyrighted material with clarification over its assertion.
- (2) If the Company is requested to suspend the reproduction, share and/or transmission of such copyrighted material pursuant to Article 14-4(1) above, it shall immediately have the reproduction, share and/or transmission of copyrighted material suspended and give the Asserting Party notice thereof.
- (3) If the reproducer, sharer or transmitter received the notice pursuant to Article 14-4(2) above requests the resumption of the reproduction, share, and/or transmission of copyrighted material by clarifying that he has a due right to reproduce, share and/or transmit such copyrighted material, the Company shall promptly give the Asserting Party notice of the resumption request and the resumption date and shall resume the reproduction, share, and/or transmission of copyrighted material on the resumption date.
- (4) The Company shall designate the person(s) in charge of the receipt of request for the suspension of reproduction, share and/or transmission and the resumption in the manner thereof pursuant to Articles 14-4(1) and 14-4(3) (the "Receiving Party"), and shall notify users of its facilities or the Service of the Receiving Party that they can easily understand and obtain contact information on the Receiving Party.
- (5) As long as the Company gives notice in compliance with Article 14-4(4) and has the reproduction, share, and/or transmission of copyrighted material suspended or resumed in compliance with Articles 14-4(2) and 14-4(3), the Company shall be indemnified from liability arising out of (i) the infringement of copyrights or any other rights to be protected under applicable laws by a third party and (ii) damage inflicted to a person reproducing, sharing, and/or transmitting copyrighted material. Provided, that this provision shall not be applied to liability arising after the Company has knowledge of a third party's infringement of copyrights and any other rights to be protected under applicable laws by the reproduction, share, and/or transmission of copyrighted material until the Company receives the request for suspension pursuant to Article 14-4(1) above.
- (6) Any person who requests to suspend or resume the reproduction, share, and/or transmission of copyrighted material pursuant to Articles 14-4(1) and 14-4(3) above without a due right shall indemnify damage arising there from.

Restriction; Suspension of the Use of the Service

15-1 The Company shall be discharged from its liability if the Company becomes unable to provide the Service due to acts of God, malicious hacking by a third party or any other force majeure events.
15-2 The Company may designate hours available for the Service with prior notice thereof; provided, that in the case the Company becomes unable to give prior notice of the suspension of the Service due to an event beyond the control of the Company, this provision shall not apply.
15-3
The Company may impose a Member on the restriction of the use of the Service, in whole or part, if the Member;
- (1) fails to perform his obligations under Article 11;
- (2) interrupts the stable operation of the Service by transmitting information in large sizes;
- (3) transmits advertisements, information, email or quick messages in an ongoing manner, contrary to the intention of recipients;
- (4) distributes computer virus programs causing malfunction of information and communication facilities or destruction of information;
- (5) infringes intellectual property rights of a third party;
- (6) receives a demand on rectifying from a relevant public office;
- (7) is engaged in an election campaign illegally;
- (8) uses other Members' IDs illegally (for hacking);
- (9) commits an act contravening applicable laws;
- (10) does not use the Service for six month or longer (in this case, the use of the Service may be terminated by giving notice of the removal of dormant accounts); or
- (11) is engaged in any act contravening applicable laws, and regulations or terms and conditions including the Terms established by the Company in relation to the use of the Service.
15-4 In the case the use of the Service by the Member is restricted pursuant to Article 15-3, details of restriction including the nature and duration thereof shall be determined in accordance with the Company's public announcements and the terms and conditions applied to each Service.

Procedure of Use Restriction; Termination

16-1 If the Company wishes to restrict the use of the Service pursuant to Articles 15-1 and 15-3, it shall give notice thereof to the Member subject to such restriction or its representative in the manner of posting the notice on the website of Popkorn music or sending email thereto with the cause, start date and duration of such restriction specified thereon three (3) days before the commencement of such restriction; provided, that if the restriction of use of the Service by the Member is a urgent matter, this provision shall not apply.
16-2 The Member who receives notice of the suspension of use pursuant to Article 16-1 above is entitled to objection thereto.
16-3 If the Company receives objection from the Member pursuant to Article 16-2, the Company may temporally postpone the suspension of use for the period required for the confirmation of objection and shall give notice of the relevant result to the Member.
16-4 If the Company confirms that the event causing the suspension of use is cured during the suspension period, the Company shall promptly discharge the Member from the suspension of use upon confirmation.
16-5 Notwithstanding the preceding provision, any free service may be restricted or suspended, in whole or part, due to the Company's management policy, etc. and may be converted to paid service.
16-6 If the Company wishes to restrict or suspend the use of the Service or convert free service to paid service, it shall promptly give notice of the reason, duration and start date thereof to user customers.

Termination of Membership

17-1 If the Member wishes to terminate the Terms and membership, the Member directly terminates its membership by filling out the membership termination menu on PopKorn music.
17-2
If the Company wishes to terminate the Terms, it shall give the Member an opportunity to specify its opinion by providing notice thereof three days before the termination of the Terms by the Company; provided, that the Company may immediately terminate the Terms if:
- (1) the Member contravenes Article 11 or fails to cure the cause of restriction within the suspension period;
- (2) it is confirmed that the Member subscribes the Service under a third party's name, in a fraudulent manner or with forged documents attached;
- (3) the Member does not respond the opportunity to specify its opinion without a valid reason.
17-3 The Company may not accept the subscription to the Service by the Member whose membership is terminated pursuant to Article 17-2 for one (1) month from the termination of membership.
17-4 The Company shall remove all personal information provided by the Member of which membership is terminated and other related information.

Non-Assignment

Any and all rights under the Terms shall not be assigned and transferred, given or pledged.

Damages

19-1 In relation to the service offered without charge on www.popkornmusic.com, the Company shall not be liable for any and all damages arising in relation to matters not subject to the Privacy Protection Policy established by the Company.
19-2 In the cases of damage inflicted to the Company due to the breach of the Terms by a Member, the Member shall indemnify the Company from all damages inflicted to the Company.
19-3 The method and procedure of compensation in relation to damages shall be in accordance with applicable laws.

Indemnification

20-1 The Company shall be discharged from liability arising out of its inability to provide the Service due to acts of God, wars and any other force majeure events equivalent thereto.
20-2 The Company shall be indemnified from liability arising out of damage inflicted due to the suspension or abnormal provision of electricity or communication service by other communication service providers.
20-3 The Company shall be indemnified from liability arising due to inevitable reasons, including but not limited to, the repair, replacement, regular maintenance or construction of facilities for the Service.
20-4 The Company shall not be liable for the disruption of use of the Service or damage arising due to the fault attributable to the Member.
20-5 In the case any damage arises due to errors of Members' computers or inaccuracy of personal information provided by the Member including his email address, the Company shall not be liable for such damage.
20-6 The Company shall not be liable for damage arising out of materials obtained by the Member in the course of use of the Service. Further, the Company shall not be liable for mental damage inflicted to the Member by other Members in the course of use of the Service.
20-7 The Company shall not be liable for the reliability and accuracy of information, materials and facts posted on the Service by the Members.
20-8 The Company does not have any obligation to be involved in a dispute arising between the Members or the Member and a third party in relation to the Service, nor be liable for the indemnification of damages arising out of such dispute.
20-9 The Company shall not be liable for the Member's failure to gain benefits expected from the Service or damage arising out of the purchase or use of materials provided by the Service.

Jurisdiction; Applicable Laws

21-1 Any other matters that are not set forth herein shall be in accordance with applicable laws and commercial custom.
21-2 Any dispute arising out of the use of the Service (the "Dispute") shall be submitted to the courts having jurisdiction over the head office of the Company.
21-3 Any lawsuit filed for the resolution of the Dispute shall be governed and controlled by the laws of the Republic of Korea.
21-4 Special provisions applied to users outside the Republic of Korea.

Terms of Service

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