Article 1 (Purpose)
These terms and conditions are the rights and obligations between the user who is a 'Purchaser' and the company among members who use the 'Moment Pick' website operated by Moment Lab Co., Ltd. It was created for the purpose of stipulating and complying with the regulations, and to stipulate the conditions for the use of e-commerce related services and other services.
Article 2 (definition of terms)
The definition of terms used in these 'Purchaser' Terms and Conditions is in accordance with the Terms and Conditions of 'Moment Pick' service of the 'Company'.
Article 3 (Purchaser application for use and withdrawal)
① A person who wishes to purchase ‘contents’ or ‘real product’ among ‘members’ may use ‘contents’ sales brokerage service and ‘real product’ purchase service provided by the ‘company’ by expressing his intention to agree to the terms and conditions of the 'Purchaser' according to the form set by the ‘company’.
② The 'company' may request an email address, social media account, and other necessary information from the 'member' who applied for the use of the 'Purchaser', and the procedure and method are in accordance with relevant laws and regulations.
Article 4 (Approval and Restriction of Purchaser Application for Use)
① The ‘Company’ will approve the 'Purchaser' application to the person who wishes to use the 'Purchaser' unless there is a reason for the following subparagraphs.
1. In case there is obvious false information, omission or mistake in the 'Purchaser' information
2. In case of applying for the use of the 'Purchaser' for the purpose of committing an illegal act prohibited by laws and regulations
3. In the case of a person who has previously lost the qualification as a “'Purchaser'” and has not obtained approval from the “company” for the application for use of a re-'Purchaser'
4. In other cases, if it is judged that the consent is inappropriate for reasons similar to those in subparagraphs 1 to 3.
② The 'Company' may withhold approval if there is no room for service-related facilities, or if there is a technical or business problem.
Article 5 (Provision and change of 'Purchaser' information)
① If the 'Purchaser' is required to provide information to the 'company' pursuant to these terms and conditions, he/she must provide truthful information and will not be protected against any disadvantages arising from the provision of false information.
② If the information provided to the ‘Company’ is changed, the 'Purchaser' must directly modify the information online, or if it is impossible to do so, notify the ‘Company’ of the change.
③ The 'Company' shall not be held liable for any disadvantages arising from the failure of the 'Purchaser' to correct changes to the 'Purchaser' information pursuant to Paragraph 2 or not to notify the 'Company'.
Article 6 (Purchaser's Obligations)
① The 'Purchaser' is a person who has agreed to these terms and conditions, and must guarantee that the information of the 'Purchaser' and other information provided to the service through the 'company' is truthful and accurate. If you register using false facts or other people's information, you cannot claim any rights or be protected.
② If the 'Purchaser' provides digital files and information to the 'service', it shall comply with these terms and conditions of the 'Purchaser' and carry out it at his own risk.
③ 'Purchaser' refers to all rights related to 'contentss' and 'real products' in the case of purchasing 'contentss' and 'real products' from 'services', trademark rights, property rights, portrait rights, publicity rights, etc. In using the rights of the company, we comply with related laws such as the 'License Regulations' and the Copyright Act.
④ Before using the purchased 'contents', the 'Purchaser' must understand whether the 'contents' is a non-commercial type or a commercial type, and properly understand related laws and regulations such as 'License Regulations' and 'Copyright Act', and have an accurate understanding and application. In this difficult case, you should contact the 'company' to understand it properly.
⑤ The 'Purchaser' is obligated to confirm and comply with these Terms and Conditions and other matters notified by the ‘company’, and shall not perform any of the following actions.
1. The act of intentionally or negligently installing or distributing programs such as malicious codes or viruses on the 'company' website, etc.
2. Unauthorized crawling to collect information on the 'company' websites, etc.
3. The act of signing up with false or other people's information
4. Acts of conducting activities with multiple accounts without justifiable reasons
5. Deliberately withdrawing/re-registering an account in order to delete unfavorable information in the account
6. An act of contacting a 'member' as a contents 'Purchaser' for the purpose of not being judged as a legitimate reason, or damaging other 'members' and ''Purchaser's'
7. The act of entering false or exaggerated information for all information entered by the 'Purchaser' when using the 'company' service
8. Acts of transacting with other 'members' and ''Purchaser's', excluding the 'company' without prior consultation
9. Discrimination against or promoting prejudice against gender, politics, religion, disability, age, social status, race, region, occupation, etc.
10. Discrimination, slander, or defamation of the ‘company’ or other ‘member’ or a third party
11. Acts of profanity, abusive language, or threats to the ‘company’ or other ‘member’ or a third party
12. The act of registering information on the 'Company' website, etc. that is contrary to public morals, such as depicting excessive physical exposure or obscene behavior, sharing information related to prostitution, or posting contents that may cause sexual shame or displeasure to others.
13. Performing unusual activities contrary to popular social beliefs, such as posting hateful photos or contents, or using abusive language, slang.
14. Acts that infringe or are likely to infringe intellectual property rights such as patent rights, trademark rights, and copyrights of the 'company' and other 'members' and third parties
15. Acts that may infringe on the rights of others by posting or sharing digital files for which the 'Purchaser' does not have clear copyright or property rights, or has not obtained portrait rights consent
16. Selling, transferring, or lending the account and the contentss of the account to others, permitting or attempting to use the account to others, and mediating them
17. Any other act that is equivalent to subparagraphs 1 to 16 and harms the 'company'
⑥ The 'Purchaser' is responsible for any problems arising from failing to fulfill the obligations of the 'Purchaser', and the ‘company’ does not bear any responsibility.
⑦If the 'Purchaser' does not fulfill the obligations of the 'Purchaser' prescribed in Article 6, paragraph 1,3, and 4, and damages are incurred to the company or a third party, 'Purchaser' shall not only be liable for damages but also compensate 30 million won as a separate penalty.
⑧ The 'Purchaser' must submit the materials requested by the 'company' in relation to the purchase activity and identification of the 'contentss' and 'real products' in the place and method designated by the 'company'. The 'Purchaser' cannot hold the 'company' liable for damages incurred by the 'Purchaser', such as delay in approval.
Article 7 (Company's Obligation)
① The 'Company' must faithfully perform the exercise of rights and obligations stipulated in the relevant laws and regulations and these Terms and Conditions in good faith.
② The company will do its best to repair or restore the facility without delay unless there is any unavoidable reason, such as a natural disaster, an emergency, or a technical defect that is difficult to solve, when the facility is damaged or data is lost while improving the service to provide continuous and stable service.
③ The Company shall bear responsibility only if such damage is caused by the intention or negligence of the company if the damage is caused by the 'Purchaser' due to the service.
④ The ‘Company’ must promptly deal with the opinions or complaints raised by the 'Purchaser' if they are deemed justifiable. However, if prompt processing is difficult, the reason and processing schedule must be notified to the 'Purchaser'.
⑤ If the 'contentss' and 'real products' in the 'service' contain contentss that violate relevant laws and regulations such as the "Information and Communication Network Act" and the "Copyright Act", the right holder will stop posting the relevant 'contentss' in accordance with the procedures set by the relevant laws and regulations. And deletion, etc., and the 'company' must take action in accordance with relevant laws and regulations.
⑥ A company may take temporary measures, etc. for the relevant contents or real product, in accordance with relevant statutes, if there is a reason for the infringement of rights or if it violates any other company policy or related statutes, even if there is no request from the right holder under the preceding paragraph.
⑦ Detailed procedures pursuant to this Article shall follow the procedures set by the ‘Company’ within the scope of the “Information and Communication Network Act” and “Copyright Act”.
Article 8 (Company's Disclaimer)
① The 'Company' guarantees that the 'Member' who uploaded the 'contents' in this service and registered and sold it for sale has obtained a guarantee that it does not infringe the rights of other third parties with respect to copyrights, portrait rights and other rights.
② The 'Company' does not guarantee the accuracy, completeness, or up-to-dateness of tag marks, titles, or other information accompanying the 'contents' in this service.
③ Relevant information, including digital files and tags in this service, does not guarantee marketability or conformity to a specific purpose, and all ''Purchaser's' agree to use the 'service' at their own discretion and responsibility.
④ The 'Company' may provide 'service' in connection with the service provided by a third party, but the service provided by a third party is used by the 'member' as his responsibility, so the 'company' is not responsible for the damage caused by the 'Purchaser' in connection with the use of the service.
Article 9 (Provision and suspension of services)
①'Service' is in principle 24 hours a day, 365 days a year.
② Notwithstanding Paragraph 1, the 'company' may temporarily suspend the provision of the 'service' if it falls under any of the following subparagraphs.
1. When necessary for maintenance, replacement, regular inspection, or service modification of information and communication facilities such as computers
2. When it is necessary to respond to electronic infringement accidents such as hacking, communication accidents, abnormal service usage behavior of 'members', and unpredictable instability of services
3. When the provision of the service is prohibited in a specific time or method in the relevant laws and regulations
4. When it is impossible to provide normal services due to natural disasters, national emergencies, power outages, failure of service facilities, or congestion of service use.
5. Other cases due to serious business needs of the 'company'
③ In case of temporarily suspending the 'service' pursuant to Paragraph 2, the 'company' shall notify the 'Purchaser' in advance of the fact by posting on the website one week before, and there are unavoidable circumstances that cannot be notified in advance. If there is, it can be notified immediately after the circumstances are over.
Article 10 (Change and modification of service)
① The 'Company' may modify or change the contentss of the service according to operational and technical needs.
② If it is deemed necessary under the terms and conditions and related statutes, information on digital files, contents, real products, and other information within the service may be deleted or changed without prior notice to the 'Purchaser'.
Article 11 (Protection and Management of Personal Information)
① The 'company' collects the minimum amount of personal information necessary to provide the 'service' when collecting personal information from the 'Purchaser'.
② The 'Company' cannot use the collected personal information for purposes other than the purpose, and if a new purpose of use occurs or if it is provided to a third party, it notifies the 'Purchaser' for that purpose and obtains consent. However, if the relevant laws stipulate otherwise, it will be followed.
③ If the company is linked to a site operated by a third party in addition to the 'service' provided by the company, the 'company' personal information management policy does not apply, and the 'company' is not responsible for the damage of the 'Purchaser' caused by using the service provided by the third party.
Article 12 (Purchase of contentss and real products)
① When the 'Purchaser' agrees to this 'Purchaser''s terms and conditions, understands the usage rights stipulated for each 'contents', and clicks the purchase button, a contract of use for the contents sold by the 'member' is concluded, which is called 'contents purchase'.
② When the 'Purchaser' agrees to these terms and conditions and clicks the purchase button on the 'real product', a sales contract is signed for the 'real product' sold by the 'company', which is called the 'real product purchase'.
③ A 'Purchaser' who purchases 'contents' pursuant to Paragraph 1 must use 'contents' within the usage rights.
④ In spite of each contract concluded pursuant to Paragraph 1, if the 'Purchaser' withdraws from the member, the contract for the use of the 'contents' is inevitably terminated due to the difficulty in managing the legal use of the work, and the 'Purchaser' The rights related to the use of 'contentss' are extinguished.
⑤ The 'Purchaser' who purchased a 'real product' pursuant to paragraph 2 shall not engage in any act of infringing on intellectual property rights, such as copyrights of 'contentss' included in 'real products', since he/she acquired ownership of 'real products' and does not acquire the right to use the 'contentss' included in 'real products'.
Article 13 (right to use contents)
① Even if you purchase 'contents' or 'real product' through 'service', you will not transfer the copyright property rights, portrait rights, or any other form of intellectual property rights of 'contents' used in the production of 'contents' or 'real product'.
② The 'Purchaser' may purchase and use the registered 'contents' in accordance with the license regulations set by the 'company', and in order to use it for purposes not prescribed by the license regulations, the 'company' must be contacted before use and obtained permission.However, if the registered contents is sold through an affiliated company, it may be subject to the license regulations stipulated by the affiliated company.
③ The right to be granted to the 'Purchaser' is limited to the right to reproduce, perform, public transmission (including broadcasting rights and transmission rights only), exhibition rights, and the right to create secondary works among the copyright rights for 'contentss', among the public transmission rights. This does not include digital voice transmission tickets and rental tickets.
④ 'Purchaser's are not subject to sublicensing (right to allow third parties to use) for “contentss”; therefore, they cannot redistribute, reshare, resell (distribution, transfer, rental, lease, etc.) for the purchased “contentss”.
⑤ In principle, 'contents' can only be used by the 'Purchaser' party.
⑥ For a “'Purchaser'” who intends to use the purchased “contents” for a particular company, the company must prove that the employee or agent of the company is the employee or agent of the company according to the way and time required by the company, and can be used for a specific company only if such proof is completed.However, if the 'contents' is used for a specific company, it can not be used for the 'Purchaser' personal purpose.
⑦ The scope of the right to use ‘contentss’ is for the entire world, including Korea.
⑧ 'Purchaser' may download the contents at any time to use it for the purposes of paragraph
Article 14 (restrictions on contents use)
The 'Company' prohibits the use of 'contents' that includes the following contents.
1. Uses against social aesthetics and general sentiments, such as pornography and adult advertising, entertainment, ringing business, other prostitution, urology, racism, defamation, privacy infringement, violence and terrorism support, gender, religion and faith discrimination, adult goods, mental conditions or terminal illnesses, medical products to treat addictive diseases, etc.
2. To promote medical, cosmetic, diet, social dating, blind date, marriage related products or services
3. Hype in the form of model endorsements for specific products and services
4. Uses to damage the model's moral rights (eg, to defame others, such as slander or obscene use, or other uses to damage the model's moral rights)
5. Use or registration of 'contentss' or 'real products' in exhibitions/contests, logos, symbols, trademarks, service marks, trademarks, etc.
6. Other illegal use and all uses that can be registered as intellectual property rights
Article 15 (mediation of contents purchase contracts and sales of real products)
①The 'Company' mediates the purchase of 'contents' by 'Purchaser' through the 'Moment Pick' website, and provides a variety of services necessary for the purchase of 'contents'.
②The 'Company' sells 'real products' to ''Purchaser's' through the 'Moment Pick' website, and provides various services necessary for purchasing 'real products'.
Article 16 (customer support service and provision ofPurchaser information)
① In accordance with relevant laws and regulations, if the 'member' is a business, 'member' information such as the name of the 'member', the name of the representative, contact information, business number, etc., so that the 'Purchaser' can easily check it. In the case of an individual, the 'member' information such as the nickname of the 'member' is displayed, and when information about the 'member' sold by the 'Purchaser' is requested, the information can be provided only if necessary.
② The "Company" provides "Members" with "'Purchaser'" information, such as the name and email address of "'Purchaser'" if "'Purchaser'" is a business operator, and "'Purchaser'" information, such as the name and email address of "'Purchaser'" if "'Purchaser'" is an individual. The 'member' can request information about the 'Purchaser' from the 'company' for refund, post processing, etc., and the 'company' can provide it with the consent of the 'Purchaser'.
③ If the 'member' is provided with the information of the 'Purchaser' from the 'Purchaser' or 'company' pursuant to these terms and conditions, it shall not use it differently from the purpose for which it was provided, or provide it to a third party without the consent of the 'Purchaser'. , When achieving that purpose, the information of the 'Purchaser' must be deleted immediately.
④ If a member refuses to withdraw a subscription, even though it is a product that can withdraw a subscription due to the legitimate reason of the 'Purchaser', or does not fulfill the right of the member as defined in this section, the company may accept the request of the 'Purchaser' ex officio.
⑤ If a 'Purchaser' requests a refund due to an error in using contents, the member must notify the company of the decision on whether to refund it within three days. If there is no separate statement of 'member' within the period, the company considers it as a decision to refund and proceeds with the refund.
⑥ Refunds paid by the 'company' to the 'Purchaser' pursuant to paragraphs 4 and 5 above are not included in the 'sales proceeds' subject to 'settlement'. 'Or, in the case of a transfer, it can be deducted from the next 'settlement' or the amount subject to transfer and paid.
Article 17 (Cash charge and refund)
①'Cash' can be used to purchase 'contents' and'real products' by ''Purchaser's', in addition to settlement of sales proceeds from 'members'.
② 'Purchaser' can recharge ‘Cash’ for a fee through various payment methods provided by the ‘Service’ website if necessary.
③The 'Company' can accumulate 'Cash' to ''Purchaser's' free of charge through 'promotions' or other events conducted according to internal policies. However, ‘Cash’, which is paid for free, can only be used within the deadline set by the ‘Company’ according to a separate guide.
④ The 'Purchaser' can request a refund for the ‘Cash’ they hold by charging them for a fee. However, ‘Cash’ paid by the ‘Company’ for free is not eligible for refund.
⑤'Cash' can be refunded for the entire amount subject to refund, and the 'company' is in principle to refund the original payment method within 7 business days from the date of the refund request from the 'Purchaser'. However, if it is difficult to refund with the original payment method, you can pay with another refund method.
⑥ In addition to those provided in this section, if there are any legal provisions or reasonable reasons (if requested by an authorised authority, such as a court, investigative agency, financial institution, or other consignment company, etc.) the company may, after notifying the 'Purchaser' of the details, reserve or offset all or some of the 'Cash' refunds until the result of the processing is confirmed.
⑦ The ‘Company’ may request the 'Purchaser' to provide account information in the name of the business operator or the 'Purchaser' for the purpose of refunding the ‘Cash’, and the 'Purchaser' must cooperate with this.
⑧ The 'Purchaser' may use 'Cash' only for his purchase, and in any case, he/she shall not trade or transfer to another member, 'Purchaser', or third party, or act that can be viewed as substantially the same as the sale or transfer.
⑨ If the 'Purchaser' acquires a 'Cash' unfairly or illegally, the 'company' can recover it and take civil and criminal legal action.
Article 18 (Withdrawal of subscription for contentss and real products)
① In the case of 'contents', it is not possible to withdraw the subscription after the 'contents' provision is started.However, if the original 'contents' URL or 'contents' download button that can download the purchased 'contents' is not provided, you can withdraw the subscription.
② In the case of 'real products', due to the characteristics of products produced individually according to the order of 'Purchaser', if the subscription withdrawal is proceeded after the production started, serious damage will occur to the 'company', so it can be withdrawn only before the product production begins.
③ The ‘Company’ may request the 'Purchaser' to provide account information in the name of the business operator or the 'Purchaser' for the purpose of reimbursement, and the 'Purchaser' must cooperate.
④ In principle, the 'Company' shall refund the original payment method within 7 business days from the date of receipt of the request for withdrawal from the 'Purchaser'. However, if it is difficult to refund with the original payment method, you can pay with another refund method.
⑤ Notwithstanding Paragraphs 1 and 2, the 'Purchaser' is 3 months from the start of use of the product if the contents of the 'contents' and 'real product' is different from the contents of the display advertisement or the contents of the contract is performed differently, You can withdraw your subscription within 30 days from the day you knew or became aware of the fact.
Article 19 (Restrictions on Use and Restriction of Copyright)
① Copyright and other intellectual property rights for works created by the 'company' belong to the 'company'.
② Copyright to contents registered by the Member belongs to the Member or the Rightful, and the 'Purchaser' has the right to use under Article 13 of this Terms and Conditions.
③ 'Purchaser' shall not use the intellectual property rights belonging to the 'Company' for commercial purposes by copying, transmitting, publishing, distributing, broadcasting, or other means without the prior consent of the 'Company' or allowing it to be used by a third party.
Article 20 (Dispute Resolution)
This section is subject to the terms and conditions of the 'Moment Pick' service of the 'Company'.
Article 21 (Jurisdiction and governing law)
This section is subject to the terms and conditions of the 'Moment Pick' service of the 'Company'.
Announcement date: May 06, 2021
Effective date: May 13, 2021