MOMENT PICK TERMS AND CONDITIONS

 

1. ACCEPTING THESE TERMS

This document, our rules, policies and the other documents referenced make up our Terms and Conditions (“Terms”). The Terms are a legally binding contract between you and Moment Lab. Inc. Please read them carefully.

 

2. CHANGES

We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.

 

3. PURPOSE

These terms and conditions apply to the rights and obligations between the company and members, related tasks and procedures, and settlement of disputes in all services provided through the 'Moment Pick' website operated by Moment Lab. Inc. It was created for the purpose of stipulating standards, etc. to comply with them, and to stipulate conditions for the use of e-commerce-related services and other services.

 

4. DEFINITION OF TERMS

The definitions of terms used in these terms and conditions are as follows:-

4.1.'Service' means a service that brokers the sale of 'digital contents' by 'members' or sells 'real products'.

 

4.2.'Member' refers to all users who have subscribed to the 'Service', and refers to a person who signs a contract to use the 'Service' with the 'Company' in accordance with these Terms and Conditions and uses the 'Service' provided by the 'Company'.

 

4.3.'Purchaser' means a user who purchases 'digital content' or 'real product' provided through 'service'.

 

4.4.'Digital Contents' (hereinafter referred to as 'Contents') refers to contents or information expressed as images, videos, drawings, portraits, etc., produced or processed in an electronic form to increase the utility of users in their use.

 

4.5.'Real product' refers to a product that the 'company' produces and sells as the subject of the 'company' after obtaining permission to transfer or use copyrights for the 'contents' of the 'member'.

 

4.6.'Sales Profit' refers to the amount paid by the 'buyer' for the purchase of 'content' or 'real product', excluding VAT and 'payment fee'.

 

4.7.'Payment fee' refers to the payment method used in the 'service' and fees incurred when using the payment agency service.

 

4.8. ‘Intermediary Fee’ means all kinds of fees deducted from ‘Sales Profits’ for the use of ‘Services’.

 

4.9. ‘Settlement’ means paying the ‘Sales Profits’ paid by the ‘Purchaser’ to the ‘Members’, excluding the ‘broking fee’.

 

4.10.'Cash' is a virtual data unit provided to the 'member' to efficiently identify and manage the 'settlement fee' for the sale of 'content', and 1 cache is equivalent to 1 won.

 

4.11.'Open API' refers to an Application Programming Interface that provides 'content' registered in the 'system' in a form conforming to the 'service'.

 

4.12.'System' is a collective term for the web developed and operated by the 'company' and affiliated partners for the 'service', and devices such as media or servers with the same purpose.

 

4.13.'Promotion' refers to a function that applies collectively to all 'contents' registered for sale in the 'service' in a 'system' on a specific date to activate distribution and increase 'member's profits.

 

4.14.'License Regulations' means the usage and scope of use of all 'content' and 'real products' provided on the 'Service' website by type.

 

5. USE OF THE SITE

5.1 All digital files such as photos, illustrations, texts, etc. used or sold in the company's 'service' belong to the 'company' or the rights holder of the relevant content, and are protected according to laws related to intellectual property rights, including the copyright law. Unauthorized use of it without obtaining it is prohibited by law.

 

5.2 'Members' may not reproduce or use the 'company' digital files in any other way unless they sign a content license agreement with the 'company'. However, if the license conditions for separate digital files, such as free content and sample data, are specified, they will be followed.

 

 

5.3 The watermark contained in the sample data provided by this 'service' cannot be deleted without the permission of the 'company', and the sample data, regardless of the existence of the watermark, is only for the purpose of confirming the draft before using the “content”. It's possible to use.

 

5.4 The rights of the trademark, name, and logo of this 'service' belong to the company. When using the logo, etc., the ‘company’ rules for using the logo apply.

 

5.5 'Company' may delete or change digital files at the discretion of the 'Company' for smooth operation of the 'Service'.

 

6. ACCESS

You are granted a non-exclusive, limited and revocable license to access the Moment Pick website and use its functionality on the condition that:

(a) You are over the age of 18;

(b) You only use the website for lawful purposes;

(c) You do not engage in any improper, indecent or offensive behavior while using the website;

(d) You are not breaking any law in your relevant jurisdiction by accessing this website.

7. SPECIFICATION AND AMENDMENT OF THE TERMS AND CONDITIONS

7.1 The 'Company' announces the contents of these Terms of Use by posting it on a website or providing a separate connection screen so that the 'member' can know.

 

7.2 'Company' refers to the Act on the Regulation of Terms and Conditions, Act on Consumer Protection in Electronic Commerce, etc., Basic Act on Electronic Documents and Electronic Transactions, Electronic Signature Act, Information and Communication Network Utilization Promotion and Information Protection, etc. This agreement may be amended to the extent that it does not violate related laws such as the law.

 

7.3 When the 'Company' revises these Terms and Conditions, it shall specify the date of application, the contents of the revision, the reason for the revision, etc., from at least 7 days prior to the application date (30 days before the change of matters unfavorable to the 'member'). It will be notified through the initial screen or the connection screen with the initial screen until a considerable period has elapsed after the effective date has elapsed.

 

7.4 When the ‘Company’ revises these terms and conditions, in principle, after notifying the revised terms and conditions, the ‘members’ consent to the application of the revised terms and conditions will be checked. However, if the 'member' does not express consent or rejection when notifying the revised terms and conditions, it will be deemed to have been accepted. If the 'member' does not express an intention to reject by the effective date of the terms and conditions, it is deemed to have agreed to the revised terms and conditions.

 

7.5 If the 'member' does not agree to the application of the revised terms and conditions, the 'member' may terminate the contract for using the 'service' of the 'company'.

 

7.6 Regarding matters not specified in these Terms of Use and interpretation of these Terms and Conditions, the Act on the Regulation of Terms and Conditions, the Act on the Protection of Consumers in Electronic Commerce, etc., the Basic Act on Electronic Documents and Electronic Transactions, and the Electronic Signature Act. , In accordance with relevant laws and commercial practices such as the Act on Promotion of Information and Communication Network Utilization and Information Protection, etc.

 

8. REGULATIONS FOR MATTERS OTHER THAN THE CONTRACT

8.1 The 'company' may have a separate operating policy to maintain the 'service' and protect 'members' and 'buyers'.

 

8.2 The 'Company' announces the operation policy pursuant to Paragraph 1 by posting it on a website or providing a separate connection screen, and the 'Member' must check and abide by the operation policy set by the 'Company'.

 

8.3 For matters or interpretations not specified in these terms and conditions, 'Act on Consumer Protection in Electronic Commerce, etc.', 'Guidelines for Consumer Protection in Electronic Commerce, etc.', 'Electronic Payment Agency Service (PG)', Partner Service Terms of Use, etc. We follow regulations and related laws such as operating policies.

 

9. MEMBER REGISTRATION AND WITHDRAWAL

9.1 Anyone who wishes to become a member may apply for membership by filling in the required member information according to the registration form set by the 'company' and expressing their intention to agree to these terms and conditions.

 

9.2 The 'Company' may request real name verification, identity verification, and other necessary information from a person who wishes to become a member, and the procedure and method are in accordance with relevant laws and regulations.

 

9.3 'Member' can request withdrawal from membership at any time through the contact information of the 'company' or through the member withdrawal function in 'service', and the 'company' handles withdrawal in accordance with the internal policy.

 

9.4 When a 'member' withdraws from the 'service', the qualifications granted to the 'member' and all benefits will lapse.

 

9.5 In the case of any of the following reasons, it may be difficult to withdraw immediately.

1. If it is within 24 hours after signing up for membership

2. In case of a dispute or litigation with other 'members', 'buyers', or 'company'

 

9.6 When a 'member' withdraws from the service, the storage of personal information of the 'member' complies with the relevant laws and regulations, and follows the personal information processing policy and internal policies of the 'company'.

 

10. APPROVAL AND RESTRICTIONS ON APPLICATION FOR USE

10.1 The ‘Company’ approves the application for membership registration to a person who wishes to become a member unless there is a reason for the following subparagraphs.

1. In case there is obvious false information, omission or mistake in member information

2. When applying for membership 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 of a “member” and has not obtained approval for re-registration from the “company”

4. In other cases, if it is judged that the consent is inappropriate for reasons similar to those of subparagraphs 1 to 3.

 

10.2 The 'Company' may withhold approval if there is no room for service-related facilities, or if there is a technical or business problem.

 

 

 

11. MEMBER ACCOUNT AND PASSWORD

11.1 The 'member' shall manage his/her account information with the fullest care and duty as a good manager, and the 'company' shall be responsible for any damages caused by negligence of the 'member' managing his/her account information or consenting to the use of it to a third party. We are not responsible for this unless there is intentional or negligence.

 

11.2 The responsibility for managing the password lies with the 'member', and can be changed at any time if desired.

 

11.3 'Members' must change their password regularly.

 

11.4 If the 'member' recognizes that the account information has been stolen or a third party is using it, it must immediately notify the ‘company’ and follows the instructions of the 'company'. Even in one case, the 'Company' is not responsible for any damages caused by not following the 'Company' guidelines.

 

12. PROVISION AND CHANGE OF MEMBER INFORMATION

12.1 If the 'member' 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.

 

12.2 If the information provided to the 'company' is changed, the 'member' must make a direct correction online or, if the correction is not possible, notify the 'company' of the change.

 

12.3 The 'company' shall not be held liable for any disadvantages arising from the failure of the 'member' to correct any changes to the member information pursuant to Paragraph 2 or not notifying the 'company'.

 

13. PROVISION OF INFORMATION AND POSTING OF ADVERTISEMENTS

13.1 For the convenience of the 'member', the 'company' displays various information and advertisements deemed necessary during the use of the 'service' by posting a banner, e-mail, letter mail, mobile text message, phone call, application notification, etc. However, if the 'member' does not want this, the 'company' may refuse to receive it according to the method provided by the 'company'.

 

 

 

13.2 Even in the case of a 'member' who refuses to receive in accordance with the proviso of Paragraph 1, regarding the matters that the 'member' must know, such as changes to the terms of use, personal information protection policy, and other important matters that may affect the interests of the 'member' Information can be provided by the method of paragraph.

 

13.3 The ‘Company’ website may contain various types of advertisements such as banners and links, which may be linked to pages provided by third parties.

 

13.4 If the page is linked to a page provided by a third party pursuant to Paragraph 3, the page is not in the service area of ​​the ‘Company', so the 'Company' does not guarantee reliability and stability, and damages to the ‘member' The company' is not responsible.

 

13.5 The 'Company' has special provisions in the relevant laws for any loss or damage arising as a result of the 'member' participating in promotional activities with third parties through the service or communication or transactions posted on the website, etc., or ' We are not responsible for the company's intention or gross negligence.

 

14. MEMBER'S OBLIGATIONS

14.1 The 'member' is a person who agrees to these terms and conditions and must guarantee that the member information and other information provided to the service through the 'company' are truthful and accurate. If you register using false facts or other people's information, you cannot claim any rights or be protected.

 

14.2 When a ‘member’ provides ‘contents’ and information to ‘services’, they comply with these terms of use and implement them at their own risk.

 

14.3 'Members' upload, sell, register, and sell ‘contents' in the ‘service', all rights related to ‘contents' and trademark rights, property rights, portrait rights, publicity rights, etc. of subjects appearing in the ‘contents' are ‘members' '' I guarantee that I am or have obtained the clear consent of the right holder.

 

14.4 In the ‘contents' uploaded, registered for sale, and sold by ‘members', copyrights are transferred to a third party, exclusive use is permitted, or a pledge is established, limiting the rights of use of the ‘company' or ‘buyer'. We guarantee that there will be no burden of any burden, and after the sale of the ``content'', we will not perform any actions that infringe on the right to use, such as transfer of copyrights, exclusive license for use, and establishment of a pledge for the “content”.

 

14.5 'Member' is obligated to confirm and comply with these Terms and Conditions and other matters notified and notified by the ‘Company', and must 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 ‘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 “buyer” for the purpose of not being judged as a reasonable reason as a content seller or damaging other “members”.

7. The act of entering false or exaggerated information for all information entered by the ‘member’ when using the ‘company’ service.

8. Acts of transacting with other ‘members' and ‘buyers' except for 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 a ‘company’ or other ‘member’ or a third party.

11. Acts of profanity, abusive language, or threats to a ‘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 content that may cause sexual shame or displeasure to others.

13. Performing unusual activities contrary to popular social beliefs, such as posting hateful photos or content, or using abusive language, slang, or 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 uploading, registering for sale, or selling ‘contents' for which the ‘member' does not have clear copyright or property rights, or has not obtained portrait rights consent.

16. Selling, transferring, or lending the account and the contents 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'.

 

14.6 The ‘member’ is responsible for any problems arising from failing to fulfill the obligations of the ‘member’, and the ‘company’ does not bear any responsibility.

 

14.7 'Member' is compensated for damages to the ‘company' in the event of damage to the ‘company' or a third party due to failure to guarantee the ‘contents' as stipulated in Article 14, paragraphs 1, 3, and 4 above. In addition to taking responsibility, we will compensate 30 million won as a separate penalty.

 

14.8 The 'member' must submit the data requested by the 'company' in relation to the ‘settlement' and identity verification at the location and method designated by the ‘company'. The ‘member' cannot hold the ‘company' liable for any damage incurred to the member'.

 

15. COMPANY'S OBLIGATION

15.1 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.

 

15.2 The 'Company' will repair service without delay unless there are unavoidable reasons such as natural disasters, emergencies, technical defects that are difficult to resolve, etc., when equipment failure or data is lost during service improvement in order to provide continuous and stable service. Or try our best to recover.

 

15.3 'Company' shall be liable only in cases where damages to ‘Members' are caused by the service, and such damages are caused by the intention or negligence of the ‘Company'.

 

15.4 The ‘Company’ must promptly deal with the opinions or complaints raised by the ‘members’ if they are deemed justifiable. However, if prompt processing is difficult, the reason and processing schedule must be notified to the ‘member'.

 

15.5 If the ‘contents' of the ‘member' contains contents that violate related laws such as the "Information and Communication Network Act" and the "Copyright Act", the right holder may request the suspension or deletion of the relevant ‘contents' in accordance with the procedures set by the relevant laws. , The ‘company' must take measures in accordance with the relevant laws.

 

 

15.6 The ‘Company' may take temporary measures against the ‘Content' in accordance with the relevant laws if there is a reason for the infringement of rights to be acknowledged, even if there is no request from the right holder pursuant to the preceding paragraph, or if other company policies and related laws are violated.

 

15.7 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”.
 

16. COMPANY'S DISCLAIMER

16.1 The 'Company' guarantees that the ‘Member' who uploaded the ‘Content' 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.

 

16.2 The 'Company' does not guarantee the accuracy, completeness, or up-to-dateness of tag marks, titles, or other information accompanying the ‘Content' in this service.

 

16.3 The related information, including digital files and tags in this service, does not guarantee marketability or conformity to a specific purpose, and all ‘members' agree to use the ‘service' at their own discretion and responsibility.

 

16.4 The 'company' does not take any responsibility for the loss of data such as digital files and related information submitted to the ‘company', including photo, video data, text, etc., and the ‘member' directly backs up the data. It must be written and maintained.

 

16.5 'Company' may provide ‘services' in connection with services provided by third parties, but since ‘members' use services at their own risk, ‘company' uses the services. We are not responsible for any damages incurred by the ‘member' in connection with this.

 

17. PROVISION AND SUSPENSION OF SERVICE

17.1 'Service' is in principle 24 hours a day, 365 days a year.

 

17.2 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'

 

17.3 In the case of temporarily suspending the ‘service' pursuant to Paragraph 2, the ‘company' shall notify the ‘member' in advance of the fact by posting on the website one week in advance, and unavoidable circumstances that cannot be notified in advance If there is, it can be notified immediately after the circumstances are over.

 

18. CHANGE AND MODIFICATION OF SERVICE

18.1 The ‘Company' may modify or change the contents of the service according to operational and technical needs.

 

18.2 If the ‘company' determines that it is necessary in accordance with the terms and conditions and related laws, the contents provided by the ‘member' and the accompanying information may be deleted or changed without prior notice to the ‘member'.

 

19. PROTECTION AND MANAGEMENT OF PERSONAL INFORMATION

19.1 The 'company' collects the minimum amount of personal information necessary to provide the 'service' when collecting the personal information of the 'member'.

 

19.2 The 'Company' cannot use the collected personal information for purposes other than the purpose, and if a new purpose of use occurs or is provided to a third party, the 'Member' notifies the ‘member' for that purpose and obtains consent. However, if the relevant laws stipulate otherwise, it will be followed.

 

19.3 In the case of links to sites operated by a third party other than the ‘services' provided by the ‘company', the personal information processing policy of the ‘company' does not apply, and the ‘company' We are not responsible for any damages to ‘members' that occur.

 

 

 

20. CONCLUSION OF CONTENT SUPPLY CONTRACT

20.1 A ‘member’ subscribes for a content supply contract by registering for ‘content’ sales and a content supply contract is concluded when the ‘company’ approves the sales registration for ‘content’.

 

20.2 Through this contract, the ‘Company' has the authority to brokerage the sales of the ‘Contents' registered for sale by the ‘Member', and the ‘Company' can use it for marketing and promotion purposes.

 

20.3 Even if the ‘member' deletes his or her registered ‘content' or withdraws from membership, the right to use the already sold content is valid for the contract period specified in each contract, and the ‘company' prior to membership withdrawal, The use of ‘content' that is already being used for the purpose of membership may also continue after membership withdrawal.

 

21. RIGHT TO USE CONTENT

21.1 The sale of ‘contents' through ‘services' refers to a non-exclusive license agreement (license agreement) for ‘contents', and does not include the transfer of copyrights and portrait rights.

 

21.2 The ‘purchaser' can purchase and use the ‘contents' registered for sale according to the license rules set by the ‘company', and in order to use them for purposes not specified in the license regulations, contact the ‘company' before use to obtain permission. However, if the ‘content' registered for sale is sold through an affiliated company, etc., it may comply with the licensing regulations stipulated by the affiliated company.

 

21.3 The rights granted by the ‘member' to the ‘buyer' are limited to the right to reproduce, perform, public transmission (including only broadcasting and transmission rights), exhibition rights, and the right to create secondary works, among copyrighted copyright rights for ‘contents'. Among the public transmission rights, digital voice transmission rights and rental rights are not included in this.

 

21.4 Since the ‘buyer' does not acquire a sub-license for the ‘content' (the right to license to a third party), redistribution, redistribution, and resale (distribution, transfer, rental) of the purchased ‘content' , Rent, lease, etc.).

 

21.5 In principle, ‘content' can only be used by the ‘buyer' party.

 

21.6 In the case of a ‘buyer' who intends to use the purchased ‘content' for a specific company, it must be proved according to the method and time limit requested by the ‘company' that it is an employee or business agent belonging to the company. Only available for specific businesses. However, if the ‘content' is used for a specific company, it cannot be used for the ‘buyer' personal purpose.

 

21.7 The scope of the right to use ‘Contents’ is for the entire world, including Korea.

 

21.8 ‘Purchaser’ may download the content at any time to use it for the purposes of paragraph.

 

22. CONTENT UPLOAD, SALES REGISTRATION, SALES RESTRICTION

'Company' prohibits uploading, registering for sale, or selling ‘content' that includes the following contents.

 

1. Content that infringes on the copyrights, property rights, portrait rights, etc. of others end. 'Member' is authorized by the right holder or his/her legitimate agent for all rights that exist in the case of copyrights, including portrait rights, publicity rights, trademark rights, and neighboring rights, and other rights of third parties in the contents and subject of the subject work.

I. In the case of content in which a person other than the person appears, the ‘member' must obtain all the portrait rights usage agreements for all the characters appearing as the subject, keep the originals by themselves, and submit a copy to the ‘company'. Upon request from the company's request, the consent form and the necessary information related to it must be submitted.

2. Content that violates obscene, violent, or other public order and morals

3. Trademarks, brand logos, characters, advertisements (posters, etc.), products (CDs, DVDs, books, etc.) are represented as main subjects or items that can be identified

4. Includes works of art (including paintings, sculptures, etc.) within the copyright protection period

5. The manager or the right holder for facilities, animals, goods, etc. managed by a third party that requires permission to shoot or sell as RF content (which means content that can be used for various purposes without specifying the purpose of use) Not obtaining the appropriate permission of the company, or filming was taken without obtaining such permission.

6. Inappropriate text posting or processing as ‘content'

7. Others that the ‘company' determines that it is not suitable for sale within this service

 

 

23. CONTENTS SALES CONTRACT BROKERAGE

23.1 'Company' mediates the sale of ‘members' content and provides various services necessary for the sale of ‘contents'.

 

23.2 For the work of Paragraph 1, the ‘Company' can implement the contents of the ‘Member' in various forms, such as through the ‘Open API', and also to a third party operated by the ‘Company' or affiliated with the ‘Company'. Can be provided or linked.

 

23.3 In accordance with the provisions of Paragraph 1, the ‘company' receives 15% of the ‘sales proceeds' as ‘intermediary fees'.

 

24. CUSTOMER SUPPORT SERVICE AND PROVISION OF 'BUYER' INFORMATION

24.1 In accordance with the relevant laws and regulations, the ‘Member' shall provide ‘member' information such as the name of the ‘member', the name of the representative, contact information, and the business number of the ‘member' if the ‘member' is a business operator so that the ‘buyer' can easily check it. In the case of this individual, the ‘member' information such as the nickname of the ‘member' is displayed, and if the information of the ‘member' sold by the ‘buyer' is requested, the information can be provided only if necessary.

 

24.2 'Company' to 'member', 'buyer' information such as the name and e-mail address of the ‘buyer' if the ‘buyer' is a business, and ‘buyer' such as the name and email address of the ‘buyer' if the ‘buyer' is an individual 'Display and provide information. The ‘member' can request information about the ‘buyer' from the ‘company' for refund, post processing, etc., and the ‘company' can provide it with the consent of the ‘buyer'.

 

24.3 If the ‘member' is provided with the information of the ‘buyer' from the ‘buyer' 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 ‘buyer'. When achieving that purpose, the information of the ‘buyer' must be deleted immediately.

 

24.5 If the ‘member' refuses to withdraw the subscription or does not fulfill the rights and obligations of the ‘member' specified in this Article even though the ‘member' is a product that can be withdrawn according to the legitimate reason of the ‘buyer', the ‘company' You can accept the request for withdrawal of subscription.

 

 

24.5 When a ‘buyer’ requests a refund due to an error in using ‘content’, the ‘member’ must notify the ‘company’ of the decision on whether to refund the refund within 3 days. The ‘company’ will proceed with the refund as the decision to make a refund if the ‘member’ does not express his or her intention during the period.

 

24.6 Refunds paid by the ‘company' to the ‘buyer' 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.

 

25. SETTLEMENT OF SALES PROFITS

25.1 When ‘contents' are sold through ‘services', the amount excluding VAT and ‘payment fees' from the sales price of the corresponding ‘contents' is calculated as ‘sales proceeds'.

 

25.2 When the ‘Contents’ is sold, the ‘Company’ immediately pays the member ‘Cash’ corresponding to the ‘Settlement Fee’ excluding the ‘Intermediary Fee’ of ‘Sales Profits’ in ‘Contents’. However, in the case of ‘content' sold through affiliated companies, it may vary according to the affiliate's settlement schedule.

 

25.3 The ‘Company’ may conduct a ‘promotion’ to revitalize the distribution of ‘contents’ and increase the profits for ‘members’, and if a ‘promotion’ is in progress, the settlement method may be set differently.

 

25.4 When conducting the ‘promotion’ in Paragraph 3, the company’s proceedings are limited to ‘contents’ with the consent of the ‘member’ by notifying in advance the period and scope of the ‘promotion’ function and the settlement method.

 

25.5 The ‘Company’ decides how to settle the production and sales proceeds of the ‘real product’ for each content and product, and notifies the ‘member’ in advance and proceeds with the consent.

 

25.6 'Members' with more than 3,000'cash' can request payment of the ‘settlement fee' through the website of ‘Moment Pick'.

 

25.7 The ‘Company' transfers the ‘Settlement Fee' to the account under the name of the ‘Member' on the 15th if the request date in Paragraph 6 is between the end of the month and the 14th, and on the last day of the month from the 15th to the end of the month. Do it. However, if the transfer date is a public holiday, the transfer will be processed on the next business day.

 

25.8 The 'company' transfers the account information provided by the ‘member', and if the ‘company' incorrectly transfers the amount due to an error in the account information provided by the ‘member' or fails to proceed with the transfer, the ‘company' We are not responsible for this.

 

25.9 The ‘Company’ may change the method of calculating the sales price of ‘Contents’ and ‘Real products’, the ‘Contents sales proceeds’ and ‘Product sales proceeds’ settlement methods and account transfer method.

 

26. RESTRICTIONS ON USE AND RESTRICTION OF COPYRIGHT

26.1 Copyright and other intellectual property rights for works created by the ‘company' belong to the ‘company'.

 

26.2 The copyright for the contents registered for sale by the ‘member' belongs to the ‘member' or the ‘right holder', and the ‘buyer' has the right to use it pursuant to Article 18 of these Terms and Conditions.

 

26.3 'Members' 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 them to be used by a third party.

 

27. DISPUTE RESOLUTION

27.1 The 'Company' installs and operates a damage compensation processing mechanism to reflect the legitimate opinions or complaints raised by the ‘member' and to compensate for the damage.

 

27.2 Company’ endeavors to promptly process complaints and opinions submitted by ‘members'. However, if prompt processing is difficult, the reason and processing schedule will be immediately notified to the ‘member'.

 

27.3 The ‘Company’ may comply with the mediation of the Fair Trade Commission or the dispute mediation agency requested by the Mayor/Do Governor if the ‘member’ requests for damages in relation to the e-commerce dispute between the ‘members.’

 

27.4 The 'company' is not responsible for any disputes between the ‘members' and for damages caused by the negligence of the ‘members' themselves. However, if the ‘member' is damaged by violating the relevant laws and regulations of other ‘members' or this agreement while using the ‘service', the ‘member' may report it to the ‘company', and in that case, the ‘company' You can check and take action according to these terms and conditions.

 

27.5 For legal disputes with third parties arising from the illegal use of the service by the ‘member', such as violation of the terms of use, the ‘company' is not responsible, and the ‘member' handles it as his own responsibility and We guarantee that no damage or damage will be caused to'.

 

27.6 In the case of a situation in which the company must actively respond to the legal dispute in the preceding paragraph, such as a third party filing a claim to the ‘company', the ‘company' may claim the damages caused by this to the ‘member'. Damages include reasonable attorney fees.

 

28. JURISDICTION AND GOVERNING LAW

28.1 The governing law of these terms and conditions is the laws of the Republic of Korea.

 

28.2 When a lawsuit is filed for a dispute between the ‘company' and the ‘member' while using this ‘service', the district court having jurisdiction over the address of the ‘company' at the time of filing will be the exclusive jurisdiction.

 

 

Announcement date: May 06, 2021

Effective date: May 13, 2021