Terms and conditions to use Kokoon service
Article 1 (Purpose)
These terms and conditions purport to regulate the rights, obligations and responsibilities, and other necessary matters between the company and the users (hereinafter referred to as “Members”) in relation to the use of services provided by BLUEDOT AMERICA, Inc. (hereinafter referred to as the “Company”).
Article 2 (Definitions)
① The definitions of terms used in this contract are as follows.
1. 'Service' refers to the services provided by the Company to Members as described in Article 6. ①.
2. 'Member' refers to a person, who agrees to these terms and conditions, has been granted the qualification to use all services provided by the Company according to these terms and conditions.
3. 'Credit' refers to the right expressed in numbers for a Member to use the Company's paid services provided for a fee(including the additional Credits provided upon charging).
4. 'Point' refers to the right expressed in numbers for a Member to use the Company's paid services provided free of charge.
② Among the terms used in these terms and conditions, the parts not specified in this Article shall follow relevant laws and general practices.
Article 3 (Posting and Revision of Terms and Conditions)
① The Company shall post the contents of these terms and conditions on the page within the service screen so that Members can easily understand.
② If necessary, the Company may revise these terms and conditions to the extent that it does not violate relevant laws.
③ When the Company revises the terms and conditions, the date of application and the reason for the revision shall be specified and announced along with the current terms and conditions from 7 days before the effective date of the revised terms and conditions through the day before the effective date under the provisions of Paragraph ①. However, in the case of revising the terms and conditions, the member, will be notified from 30 days before the effective date of the revised terms to the effective date, or on an e-mail, text message, or page in the service screen using the information provided by the Member when signing up.
④ When the Company notifies or announces the revised terms and conditions under the preceding paragraph and notifies or announces to the Members that if he/she does not express the intention of rejection within the period described in Paragraph ③, it will be assumed that the Member has agreed with the revised terms and conditions.
⑤ If a Member does not agree to the application of the revised terms and conditions, the Company shall not apply the contents of the revised terms and conditions, and, in this case, the Member may terminate the use contract. However, if there are special circumstances in which the company cannot apply the existing terms and conditions to a Member who disagrees with the revised terms and conditions, the Company may terminate the use contract with the relevant Member.
Article 4 (Conclusion of use contract)
① The use contract shall be concluded when the person who wants to subscribe as a Member agrees to the terms and conditions and then applies for a membership for which the Company approves such application.
② The Company may not approve or cancel the use contract ex-post-facto for the user corresponding to any of the following applications;
1. In the case of loss of membership previously in accordance with these terms and conditions, except for cases of obtaining approval for membership re-subscription by the Company.
2. In case of not using a real name or another person's name
3. When false information is entered, or when the content presented by the Company is not provided
4. When a Member who has been suspended due to the Member's own default voluntarily terminates the membership contract during the suspension period and reapply
5. When it is confirmed that the application for subscription is in violation of these terms and conditions or is found to be illegal or against social norms
6. In case of applying for hindering or for the purpose of hindering the well-being of society or public morals
7. When a Member has terminated (withdrawn from Membership) the use contract and reapply within 12 months from the date of termination.
8. Application by a person who cannot accept due to the applicant's fault or in breach of other matters set out by the Company
③ In the application under Paragraph ①, the Company may request confirmation of the Member's real name and identification through a specialized institution.
④ The Company may withhold approval if there is no room for service-related facilities, or if there is a technical or business problem.
⑤ If the Member's application for membership is not approved or withheld under paragraphs ② and ④, the Company shall, in principle, notify the Member of it. However, if there is an unavoidable reason, it may not be notified.
⑥ The establishment of a use contract will be the time point when the Company indicates the completion of the subscription in the application process.
⑦ The Company can classify Members by grade according to the Company policy and grade the time to use, frequency of use, service menu, etc. to differentiate the usage.
Article 5 (Services between the company and the Member who already concluded the contract before termination)
Even if the membership contract is terminated, these terms and conditions shall continue to apply to the service use between the Member and the Company that was already signed before the termination of the contract.
Article 6 (Service provision and suspension)
① The service provided by the Company to the Member is a service that converts videos or images provided by the Member. If the Company converts the video or image according to the Member's request, the Company considers it as having provided the service to the Member regardless of whether the Member has downloaded the converted video or image or not.
② The Member may decide at any time whether to use the Service provided by the Company, and the Company will stop providing the Service if the Member has no intention of using the Service.
③ The Company may stop providing the Service if it falls under any of the following incidents.
1. In case it is unavoidable for facility maintenance, etc.
2. In case the telecommunication service provider suspends the telecommunication service
3. When there is a reason that the service provider inevitably cannot provide the service due to natural disasters, etc.
4. When a Member requests the termination of the use
5. In case the Service usage is suspended due to the Member's reasons
④ In principle, the Service is provided for 98% of one year, but the Company may specify the available time for each range by dividing the service into a certain range. However, in such cases, the company shall give prior notice of the details, and if there is an inevitable reason for the Company not to give prior notice, it may notify afterward.
⑤ The Company may conduct regular inspections if necessary for the provision of Services, and the regular inspection time shall follow the notice on the Service provision screen.
Article 7 (Retention Period for Videos or Images)
The videos or images provided by Members to the Company for the purpose of using the Service, as well as the videos or images converted through the Service, shall be retained for a period of 336 hours and after the period above, the Company may delete them.
Article 8 (Change of service)
① The Company may change (including charging) or suspend all or part of the services provided by the Company for reasons of the service provider's management, policy, operation, and technology, and does not compensate Members for these.
② If the Service is changed or suspended under this Article, the change or suspension will be posted on the service page before the effective date and notified.
Article 9 (Provision of Paid Services and Payment)
① The Company may provide paid Services to Members, and Members can use Credits purchased from the Company or Points received from the Company to access paid Services. When a Member uses a paid Service, the corresponding Credits or Points for that Service will be deducted.
② The Company shall notify Members of the number of Credits or Points to be deducted before a Member accesses paid Services when a Member uses a paid Services.
③ When a Member makes payment to the Company for the Services, if the Member holds both Credits and Points, the Points will be deducted first.
Article 10(Charge of Credit and Refund)
① Members may charge Credits according to the conditions specified by the Company.
② If a member has not used any portion of the Credits and Points received upon the charge, the Member may request a refund from the Company's customer center within 336 hours from the time of Credit charge. However, provided that, it is not possible to request a refund for only a portion of the Credits from the charge; the refund request applies to the entire number of Credits charged. Upon refund, all the Credits and Points granted at the time of Credit charge will be forfeited. Members shall not request a refund after this period above.
③ When a Member charges credits, if there is a disagreement between the terms of this article and other conditions related to the charge and refund that the Member has agreed to, the agreed-upon conditions shall prevail.
Article 11 (Charge of Points and Refund)
① Unless otherwise specified by the Company, Members shall use the received Points within 336 hours from the time of receipt, and any Points remaining after this period will be automatically forfeited.
② Points shall be non-refundable.
Article 12 (Failure of Payment and Etc.)
① If payment cannot be made properly due to problems with a Member's credit card or other payment method, such payment shall be treated as outstanding. Until the outstanding payment is properly settled, the Member's access to the services may be restricted, and in such case, the Member may not withdraw from membership.
② If payment cannot be made properly due to a system malfunction at the time of payment, the Company may request the Member to use an alternative payment method.
Article 13 (Company's obligations)
① The Company will not disclose and distribute the personal information or location information of the Member acquired in connection with the service provided by the Company (hereinafter collectively referred to as “personal information, etc.”) to a third party without the consent of the Member unless otherwise permitted by relevant laws.
② The Company complies with laws and regulations related to the operation and maintenance of Services
Article 14 (Member's obligations)
① Members must comply with these terms and conditions and the contents notified by the Company with the Service and are responsible for any losses or damages arising from violating or failing to comply with the terms and conditions and the notices.
② The Company complies with laws and regulations related to the operation and maintenance of Services
③ When a dispute arises, the Member must act faithfully to resolve the dispute, and the Member shall bear responsibility for damage to the Company due to the Member's infidelity to resolve the dispute.
④ When using the Services provided by the Company, Members shall not perform any of the following activities.
1. Acts using the information obtained by using the Company's service information for other purposes without the Company's explicit prior consent.
2. Acts that damage the reputation or disadvantage others or the Company
3. Acts that infringe upon other's rights such as copyrights of the Company or a third party
4. Acts that distribute information, sentences, figures, voices, etc., of contents that violate public order and morals to others (including the Company's executives and employees)
5. Acts that interfere with the Company's Service provision
6. Acts of pretending to be others and falsely specifying relationships with others
7. Acts of collecting, storing, and disclosing personal information of other Members
8. Acts of distributing false information to give property profits to oneself or others cause damage to others.
9. When conducting business activities using the services provided by the Company without the Company's explicit prior consent.
10. Acts transmitting or posting of information (including computer programs) that is prohibited from being transmitted or posted by relevant laws or interferes with the services provided by the Company
11. Acts posting articles or sending e-mails by impersonating or pretending to be an employee or operator of the Company, or by stealing the name of another person
12. Acts posting or sending by e-mail data containing software viruses or other computer codes, files, or programs to disrupt or destroy the normal operation of computer software, hardware, and telecommunication equipment
13. Acts transferring, giving, or providing collateral to others the right to use the Service provided by the Company and another status under the use contract
14. Creating multiple IDs and registering them as a Member
15. Any other illegal or improper acts, in violation of the terms and conditions or Company guidelines
⑤ When a Member has performed the actions specified in Paragraph ①, the Company may take actions such as to restrict the use of all or part of the Services provided by the Company, terminate the membership contract, etc., and claim damages in case of the occurrence of damages to the Company.
⑥ Even if the Company terminates the membership contract with the Member under this article, these terms and conditions will remain valid concerning the completion of the contract already concluded before the termination.
⑦ When the membership contract is terminated under this Article, the Company may cancel the transaction related to the Member without a separate notice and may cancel the credit card sales if the Member paid for the paid Service with a credit card.
⑧ If the membership contract is terminated under Article, the Company may refuse to accept the Member's application for re-subscription.
Article 15 (Provision of information and posting of advertisement)
① The Member must provide the Company with the information necessary for the provision of Services. If the Member fails to provide such information and the Company is unable to provide the Services, the Member may not hold the Company responsible for the consequences.
② In operating the Service provided by the Company, the Company may post various Service-related information on the Service screen or provide these to Members by e-mail, text, or a window in the service provided by the Company.
③ The Company may post various advertisements of the Company or affiliates on the service screen or provide them to Members by e-mail, text message, or a window in the service.
Article 16 (Deletion of postings or contents)
The Company may suspend everything posted by the Member or delivered through the Service provided by the Company without prior notice if they are deemed to fall under any of the following cases, and the Company is not responsible for this.
1. If illegal
2. In violation of public order and morals
3. In case of the contents infringe other rights such as copyrights of the Company or a third party
4. In case of violating the policies and guidelines set out by the Company
5. When advertising or conducting business without the consent of the Company
Article 17 (Copyright of postings, etc.)
① The copyrights of the postings posted by the Member in the service provided by the Company are to be held by the Member, However, the Company may use them for advertising and other purposes related to the Services provided by the Company. The Company will not use videos and images provided by the Member to the Company for video or image conversion through the Services at its discretion.
② The Member must not infringe on the copyright of a third party, and shall be held responsible for all consequences arising from such infringement."
③ The Company may delete the postings posted by the Member if Member terminates the membership contract or the use contract is terminated for a legitimate reason under these terms and conditions.
④ The Member may not use the information obtained through the services provided by the Company beyond the scope explicitly permitted by the Company.
Article 18 (Notice to Members)
When notifying a Member, the Company may post it on the screen of the service provided by the Company, or by one of the methods registered by the Member, e-mail, text message, or notification in the service. However, the Company may use methods such as posting on the service bulletin board in case of notification to a large number of unspecified Members.
Article 19 (Obligations and responsibilities for account management)
① Members must thoroughly manage their accounts(hereinafter referred to as “Account”) including passwords, carefully. The Company shall not be liable for any consequences caused by the Member's negligence of account management or illegal or improper use unless otherwise there is a reason attributable to the consequence.
② Members shall not allow their accounts to be used by a third party, and if they become aware that their accounts are stolen or used by a third party, they must notify the Company immediately and follow the Company's instructions.
Article 20 (Change and protection of personal information, etc.)
① If the information entered at the time of application for use is changed, the Member must immediately correct the change to the latest information. However, the information items set out by the Company can be modified with the approval of the Company. Any damages arising from unmodified information shall be borne by the Member concerned, and the Company is not liable for this unless otherwise there is a reason attributable to the Company.
② The Company will not use the member's information for any purpose other than to provide the Service provided by the Company or provide it to a third party without the consent of the Member, unless otherwise the relevant laws and regulations permit it.
③ The Company strives to protect Members' personal information, including Member subscription information, following the relevant laws and regulations. The protection of Members' personal information, etc., shall be following the relevant laws and privacy policies set out by the Company.
Article 21 (Compensation for Damages)
① If Member violates the provisions of these terms and conditions and incurs damage to the Company, the Member who violates these terms and conditions shall compensate the Company for damages incurred.
② If the Company receives a claim for damages or various objections, including lawsuits, from a third party other than the Member due to an illegal act performed by a Member in using the Service provided by the Company or violating these terms and conditions, the Member shall indemnify and hold the Company harmless at the Member'sresponsibility and expense, and the Member shall be responsible for compensating the Company for any damages incurred.
③ If Company is liable to compensate damages to the Member, the compensation amount shall be limited to the amount of the Service fee paid by the Member for the three months preceding the occurrence of the event for which compensation is claimed.
Article 22 (Liability Limitation)
① The Company will not be responsible for any damages caused by the Member providing his personal information and account to others, or leakage due to the Member's negligence.
② The Company shall not be responsible for the speed, availability, data loss, or accuracy of the service results.
③ The Company does not intervene in the transactions between the third party and the Member connected through links, banners, etc. in the Company's Service screen, and does not bear any responsibilities for the transactions.
④ The Company shall not be responsible for any obstacles in using the Service due to reasons attributable to the Member.
⑤ The Company shall not be responsible for the contents of information, data, facts, reliability, accuracy, etc. posted by the Member or the Company concerning the service.
⑥ If the Company fails to provide the Service due to changes in related laws, natural disasters, or force majeure equivalent, the Company shall be exempted from responsibilities for the provision of the Service.
⑦ The Company shall be irrelevant to the loss of profits expected by the Member using the Service provided by the Company, and not be responsible for any damages caused by secondary data obtained through the Service.
⑧ The Company will not intervene in disputes between Members or between Members and a third party through the services provided by the Company.
Article 23 (Termination of Membership Contract, etc.)
① A Member may apply for termination of the membership contract at any time, and the Company must deal with it immediately following the relevant laws and regulations. However, if a Member has payables, the Member shall apply for termination after completing the payment for the payables.
② When a Member terminates the membership contract, the Company may delete all information of the Member immediately upon termination. Provided, that de-identified data can be used for statistical purposes even after termination.
③ The Member him/herself shall be responsible for any disadvantages occurring from the termination of the membership contract, and the Company may revoke any additional free benefits provided to the Member.
④ The Company may terminate the membership contract in the following cases.
1. When the Member obstructs or attempts to interfere with the smooth progress of Services provided by the Company
2. When the Member intentionally interferes with the Company's business
3. When the Member engages in or attempts to engage in illegal activities against the Service, or while using the service provided by the Company Member engages in or attempts to engage in illegal activities
4. In breach of the rights, honor, credit, or other legitimate interests of other Members, or violating laws, good practices, and other social order
5. When the Member acquires or uses benefits such as coupons in a way that the Company does not recognize or illegally or improperly using someone else's ID
6. If it is confirmed that the Member has engaged in or attempted to engage in acts of intentionally evading payment errors or other normal payments
7. If it is found after the fact that there were grounds for rejecting the approval of the membership contract for the Member
8. When the Member violates these terms and conditions, guidelines or other terms and conditions agreed by the Member
9. In case the Member engages in illegal or improper acts
10. If the Company reasonably determines that it is necessary to refuse the provision of the Services
⑤ When the Company terminates the membership contract, the Company shall notify the Member of the reason for termination and the intention to terminate. In this case, the Company may allow the Member an opportunity to object by setting a reasonable period before termination.
⑥ If the membership contract is terminated by the Company, the Company may refuse to accept the Member's application for re-subscription.
⑦ The Member shall be responsible for any damages incurred by the termination of the membership contract, and the Company shall not be liable for it unless there is a provision in the relevant laws and regulations.
Article 24 (Processing and Provision of Statistical Information)
The Company may use, within the scope permitted by the Personal Information Protection Act, the personal information and service usage records collected from Members by organizing and analyzing them through statistical methods, and the copyrights, ownership, and all other intellectual property rights to the processed statistical data shall be owned by the Company.
Article 25 (Rules other than terms and conditions)
① If necessary, the Company may set out and operate individual terms and conditions or use policies for applicable matters regarding specific services, and the contents will be announced through the homepage and service screen.
③ In case of conflict between these terms and conditions, individual terms and conditions, or Individual Contracts, unless otherwise specified in these terms and conditions, the Individual Contracts or individual terms and conditions shall be governing.
④ When using the service provided by the Company, the Member must review the contents of Individual Contracts or individual terms and conditions, and the Company shall not be responsible for any damages caused by the failure of reviewing such contents.
Article 26 (Governing law)
These terms and conditions shall be governed by the laws of the State of California, United States.
These terms and conditions will be in force on **Mon ** Day, 2023.