Terms and Conditions

Terms and Conditions

Chapter 1 General Provisions

Article 1 Purpose and Scope

  1. 1. These provisions aim to prescribe use conditions and the basics about the procedures of Divememory that is internet service provided by Divememory Ltd. (http://www.divememory.com) (hereinafter called “the company”)
  2. 2. These provisions apply only to customers who have signed up as a member of the company.

Article 2 Validity and revision of provisions

  1. 1. These provisions shall be effectuated by posting on homepage to disclose.
  2. 2. The company can revise these provisions in a range that does not violate the related laws such as Act of as Regulation Standardized Contracts and Act on Promotion of Information and Communication Network Utilization and information Protection etc, if the provisions are changed, the company disclose it right away. However, significant changes, for example the fees, in the regulations regarding user’s rights or obligations for at least 7 days prior to disclosure.
  3. 3. The effect of the changed provisions shall apply retroactively to the entire members who registered before the provisions change.
  4. 4. The user has the right to refuse to accept the changes and can express refusal to the revised provisions within 15 days from the effective date. For the case that "User" refuse the service, the provider company may terminate the contract within 15 days of specified period after prior notice to the "users ". If the "User "does not show the refusal and continue using the service, the company assume the user agree to be bound by the changed provisions.

Article 3 Application of provisions

  1. For the matters not specified in these provisions, the additional details of provisions, commercial practice, company’s notice, use information and the provisions in the relevant laws are followed.

Article 4 Definition

  1. 1. The company: refers to Divememory Corp.
  2. 2. Member: a person who agree to the provisions and sign up a contract with the company in order to use the service and receive the user ID
  3. 3 User: a person who get connected and receive service provided by the company
  4. 4. User ID (member ID): a combination of letters and numbers that are selected by members to use the service and personal identification and the company is granted.
  5. 5. Password: a combination of letters and numbers selected by a member in order to protect the interests of the members and confirm that people who want to use the services of the company is the same person who receive the user ID.
  6. 6. Operator: refers to the overall management and seamless service person appointed by the company to operate.

Chapter 2 Service contract

Article 5 Classification of services

  1. 1. The services that the company provides to Customers are divided into free and paid services. For additional paid information provided by the company and affiliates is available to pay the fee specified in the applicable information.
  2. 2. The free service, fee-for-service types and how to use the service are described in these provisions and as prescribed in the notice or otherwise on the page.
  3. 3. Members who want to use a fee-for-service offered by the company should agree to the separate provisions as "provisions of fee Service" and fees to the company (or fees) must be paid.
  4. 4. The company can change all or some of the services that are provided in accordance with the operational or technical needs.

Article 6 Establishment and units of the contract

  1. 1. When a person read these provisions of service and sign up and apply 'Agree' button, the company consider the person agree to these provisions.
  2. 2. The contract will be established by the company’s approval on the application of the service seeker
  3. 3. Use of agreement is contracted as a unit of member ID and more than one ID will not be granted.

Article 7 Limit of consent to use application

  1. 1. The Company may not grant a service application in case that the company recognize one of followings.
    1. - If someone apply with another person’s identity
    2. - In case the entry for membership based upon false information
    3. - If the customer does not pay a use application such fees to be paid to the company
    4. - Use of other reasons attributable to the applicant if the use of compliance difficult
    5. - If you cannot afford the equipment
    6. - If there is a technical difficulty
    7. - If use application conditions determined by the company are insufficient
  2. 2. If the company does not accept the use of application under the sub section 1, the company must inform it to the applicant. However, for the case that the company cannot inform due to the applicant’s fault or intention as a reason for the applicant's responsibility, the company may not inform.

Article 8 Protection of Personal Information

  1. The company makes an effort to protect the personal information of members as prescribed in " Information Network Act "and other related laws and regulations. The company's privacy policy and the related laws will apply to the protection and use of personal information. However, the company's privacy policy does not apply for the linked sites outside of the company’s official site.

Chapter 3 Obligation of contractors

Article 9 Obligation of company

  1. 1. The company does not disclose or distribute the personal information of members for the third party. However, the following will apply to the cases.
    1. - If there is a request from a governmental agency by the provisions of the Electronic Communications fundamental law
    2. - If there is the purposes of the criminal investigation or the request of the Korea Internet Safety Committee
    3. - If there is a request in accordance with the procedures provided by other laws
  2. 2. The company does its best to provide better service by actively collecting the suggestions requested by members.
  3. 3. The company may be temporarily suspended the publication if the company get stopped posing requests from members due to a reason to avoid infringement of personal privacy, intellectual property rights and the character defamation by third party.

Article 10 Obligation of Members

  1. 1. When members use the service, members should not be made for each.
    1. - The act of stealing someone else's information
    2. - Actions claiming that the company's stakeholders
    3. - Infringement of copyright and intellectual property of companies or other third party
    4. - Damage the honor or the act of disrupting to companies and other third party
    5. - obscene or violent messages , pictures, audio , and other breezy behavior that is contrary to the public or published on the customs service information
  2. 2. Member must adhere to the provisions of use of service established by the company.
  3. 3. Member cannot donate or of transfer rights or contractual services given by the company, also cannot offer them as mortgage.
  4. 4. Member is not able to do business based on the services provided by the company, which for all the problems caused members will be the duty of the company for damages.
  5. 5. Member is responsible for all the consequences arising from by neglecting to manage the member information such as ID and passwords. If someone use member’s ID or is used incorrectly the member must notify the fact to the company.
  6. 6. Member has legal responsibility occurring by registering data that company’s website owns the copyright and the company is not responsible.

Chapter 4 Use of service

Article 11 Member’s postings

  1. Company can delete without notice if the contents of the service registered or post may be judged to be applicable to one of followings.
    1. - If the information cause libel or damage the honor of other members or third person if the information libelous or damaging the honor
    2. - If the information violate public moral or order
    3. - If it is determined as a violation of other laws

Article 12 Copyright of postings

  1. 1. Member has the right of postings registered by the member, the company has the right of publication for such postings and contents.
  2. 2. The company can process the postings and contents registered by members for editing, deleting, partnership and publication.
  3. 3. Member cannot do processing the information provided by the company, selling commercial conduct, unauthorized copying and distribution.

Article 13 Providing the information and advertising

  1. 1. The company can provide the information it is necessary which member use the service by way of email, letters and advertising method, member may unsubscribe if he or she does not want.
  2. 2. The company can post advertisement on the screen of services and email in relation to such service operation.
  3. 3. The company shall not be liable for any loss or damage resulting from member’s participation or a result of the transaction in promotions of advertisers who is posted on the service.

Article 14 Service time

  1. 1. The service is continually operated for seven days a week without closing in principle. However, the days or hours for regular/temporary inspection or technical/business purpose determined by the company are the exception.
  2. 2. The company must be known in advance if the service needs to be suspended due to the unavoidable requirements.

Article 15 Interruption of service

  1. 1. The Company may suspend the offering of service if the followings are applicable.
    1. - Due to capacity expansion for service providers
    2. - If the major telecommunication service operators defined in the Telecommunications Service Act stop the service
    3. - If there are other uncontrollable reasons
  2. 2. The company can limit or stop all or part of the services if there is national emergency, natural disaster or trouble in service due to congestion.

Chapter 5 Termination and Limitation of use

Article 16 Termination and Limitation of use

  1. 1. If any member wants to stop using the service, the member can require withdrawal for the membership through my page. However, if the member withdraws the membership voluntarily, rejoining a membership will be suspended for a month.
  2. 2. The company can handle alert actions or forced to leave the member who inflict a loss on the company or register other improper information and the members cannot rejoin membership for six months.
    1. - If member receive two times of warnings from the company for six months
    2. - If member steal someone else's personal information such as service ID and password.
    3. - If the content of the information registered by Member appears false or manipulated
    4. - If member deliberately interfere the company's services
    5. - If more than one person use the same ID
    6. - If member disseminate the information hindering public order and morals deliberately
    7. - If member is using the service in order to hinder national or social interests
    8. - If member have registered the information with unauthorized intellectual copyright of the Company or other members
    9. - If member has an act that disadvantage or damage someone's honor
    10. - If member send or post the article containing the offensive, threatening and hatred contents to others
    11. - If member reproduce, distribute and use commercially the information obtained by the company's services without prior consent
    12. - For the case that company’s operator deems to be necessary for the smooth managing the site or content that violates other laws and regulations

Chapter 6 Fee-for-service and refund conditions

Article 17 Payment methods and types

  1. 1. The fee is paid in advance with flat rate.
  2. 2. The payment methods are separated by credit card, cell phones and wire transfer. Flat rate is based on the amount of money at the first day of service after checking prepaid.

Article 18 Appeal against rate and others

  1. 1. The user can appeal if there is any objection to a prepayment fee.
  2. 2. The company investigate the feasibility within 10 days after receipt of the preceding appeal and inform the results to customer.

Article 19 Refund of such fees

  1. 1. The Company must return the over charged fee.
  2. 2. Refund is not available if there is no company’s negligence after the fee-for-service starts.
  3. 3. The fees cannot be refunded if the service is limited under Clause 2, Article 15.

Chapter 7, Provisions of location information

Article 20 Purpose

  1. These provisions aim to prescribe the rights, obligations and responsibilities and other necessary matters of the company and the subject of information matters with respect to the location information provided by the company's business or location-based services, business and personal location information.

Article 21 Additional regulations

  1. Details not specified in these provisions follow the laws and regulations such as the law on the protection and use of location information , the Act on Promotion of Information and Communications Network and Information Protection , Electronic Communications Fundamental Act, Telecommunications Service Act and these provisions and Privacy Policy and a separate set of guidelines established by the company.

Article 22 Details and fees of service

  1. The company provides the location-based services by directly collecting location information or the location information forwarded from the location information provider.
    1. - The location information of the individual subject or mobile devices is saved with the post.
    2. - Search results using the current location services: If there is a request of information search, the search results and around location using the location information of the individual subject or the mobile device will be presented.
    3. - Provides advertising information using the user's location: In the search results or other service procedure, a source of advertisement is presented using information subject of personal location or mobile devices.

Article 23 Collection methods of location information

  1. Company collects personal position information in the following ways.
    1. - Collect the location information through GPS location information that is collected via a dedicated terminal with embedded GPS chip.
    2. - Collect the location information through Wi-Fi location information that is collected via a dedicated terminal with embedded Wi-Fi chip.
    3. - Collect the location information provided by location information API sent by operating system in electronic devices such as smart phone, tablet PC etc.

Article 24 Rights of subject of the personal location information

  1. 1. The subject of personal location information can reserve the recipient’s consent to provide for the range of personal location information and part of the provisions or the use or purpose of personal location information, the range of information recipient and part of location based services.
  2. 2. The subject of personal location information may withdraw all or part of the agreement to collect, use and provide the personal location information.
  3. 3. The subject of personal location information can request a temporary suspension a collection, usage and offer of personal location information at any time. In this case the company shall not refuse the request and have the technical method to do this.
  4. 4. The subject of personal location information may request a viewing or following notice of material about the company and if there is an error in the relevant data, the subject can ask for the correction. In this case, the company will not refuse the request without reasonable reason.
  5. 5. The company will destroy the collected personal location information and the checking data for collection, usage or offer of the subject of personal location information without any delay if the subject of personal location information withdraw all or part of the agreement. However, if the subject of personal location information withdraw a part of the agreement, the deletion of data is limited only for the collected personal location information and the checking data for collection, usage or offer of the subject of personal location information within the parts to withdraw.

Article 25 Using location information, checking data of providing location information and evidence of retention and retention period

  1. The company automatically records the checking data for the collection, usage and offer of location information of the subject of the personal location information based on clause 2, article 16 of ACT ON THE PROTECTION, USE, ETC, OF LOCATION INFORMATION, and store the records more than 6 months.

Article 26 Change and Termination of Service

  1. 1. If the company is unable to maintain the overall circumstances or legal services to disability such as a policy change of location information provider, the company can restrict, change or stop all or part of the Services.
  2. 2. In the case of service disruption by the company under Clause 1 above, the company posts in the internet in advance or notify to the subject of personal location information.

Article 27 Immediate notice when the personal location information is provided to the third party

  1. 1. The company shall not offer the personal location information of the subject without the consent to the third party. In the case of providing the third party service, the company provides a notice about the service recipient and the purpose of offering to the subject of personal location information and obtain consent.
  2. 2. If the company provide the personal location information to the third party specified by subject of personal location information, the company immediately notifies the recipient who receive the location information using the relevant communication terminal device every time.
  3. 3. For the following cases the company notifies personal location information by a certain pre-specified communication device or e-mail address.
    1. - If relevant communication terminal device which the subject of personal location information collects personal information by does not have the function to receive sound or video.
    2. - If the subject request in advance other communication device or email address other than the communication terminal device which collect the personal location information.

Chapter 8, Indemnification of damages and exemption

Article 28 Indemnification of damages

  1. 1. The Company does not indemnify for damages caused by failure of free service.
  2. 2. The method and procedure of indemnification follow the relevant laws and regulations.

Article 29 Exemption

  1. 1. The company is not responsible that member is not getting benefit expected by providing the company's service.
  2. 2. The company is not responsible for any damages caused by the information provided by the same member.
  3. 3. The company is not responsible to indemnify damages or to intervene dispute caused by mediating between the members.
  4. 4. The Company is not responsible for the event of failure of services due to reasons attributable to the Member.
  5. 5. To provide reliable service, the company offers 40 hours of regular service inspection per month. If the company notice the service inspection schedule in advance, the disability of the service during the scheduled inspection is exempt from any indemnification.

Article 30 Competent court

  1. When the lawsuit filed against disputes with service, the court having jurisdiction over the headquarters of the company becomes a competent court.

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Effective Date: These provisions shall be effectuated as of December 10, 2014.

These provisions are written in Korean. The Korean texts prevail if the translation of this policy may differ from the original Korean.