The purpose of these Terms of Service is to define the rights, obligations, responsibilities and other required provisions of Yea Studio Co., Ltd. (“Company” hereinafter) and user (“User” hereinafter) related to the use of the ColorFil service (“Service”) and other relevant services Company provides online.
2. Definition of Terms
① Definition of terminology used in these Terms of Service
1. “Company” means Yea Studio Co., Ltd. who provides the ColorFil service and relevant services online.
2. “User” means a person who agrees to these Terms of Service and is qualified to use the Service.
3. “Services” means the ColorFil service and related services providing functions that enable Users to create an image and share it online with wired or wireless devices owned or used by User including smartphones and tablets.
4. “ID” means an e-mail address registered by User for identification of User and access to Service.
5. “Password” means a combination of characters, numbers or special characters created by User for ID verification to protect personal information of the User.
6. “Nickname” means a name that identifies and designates a User during use of the Service, with characters, numbers or their combination that User chooses and Company approves for access to Service.
7. “Posting” means all information including pictures or images that Users create including images, letters, numbers, audio, video, or a combination of these.
② Except as expressly set forth in the above paragraph, the definition of terms used in these Terms of Service is based on relevant laws and regulations, and other general commercial practices.
3. Statement and Revision of Terms of Service
① Company provides these Terms of Service to User accessible at the Terms of Service link in the Services screen or on our Web site(www.yeastudio.net, www.yeastudio.kr).
② Company may amend these Terms of Service to the extent that the amendments are not contrary to relevant laws and regulations, including 「Act on the Regulation of Standardized Contracts」, 「Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc.」 (hereinafter referred to as “Information and Communication Network Act”), and 「Online Digital Content Industry Development Act」.
③ If Company amends these Terms of Service, Company will provide notice of its effective date, the nature of the amendment, and the reason for the amendment at least seven (7) days prior to the effective date to the Terms of Service. If a provision is unfavorable for a User or significant changes are made to provisions provided in these Terms of Service, Company will give notice at least thirty (30) days in advance using electronic means including User email, SNS messages or a pop-up when logging on.
④ If Company, at the time of notification of the amended Terms of Service, also serves notice of an amendment stating “if a User does not express intent to agree or decline, User shall be deemed to have accepted the amended Terms of Service”, and User does not explicitly express an intent to decline the amended Terms of Service by the effective date of the amended Terms of Service, it is deemed that User has agreed to the amended Terms of Service.
⑤ If User does not agree to application of revised Terms of Service, Company or User may terminate the service contract.
4. Interpretation of Terms of Service
② Relevant laws and regulations or commercial practices shall govern matters excluded from these Terms of Service and interpretation of these Terms of Service.
5. Formation of Service Contract
① Users who want to use Services provided by Company need to register for service membership on the Services landing page and carefully read these Terms of Service. The services contract is in effect upon Company’s approval of User’s registration for service membership.
② Upon User agreeing to these Terms of Service and applying for Service membership, Company approves User registration unless extenuating circumstances exist.
③ If any of the following applies to User, Company may not approve User registration for the service contract, or may terminate the service contract even after User registration has been approved.
1. User has been banned from membership according to these Terms of Service prior to signing up (exception: User obtains approval for membership re-registration from Company).
2. User ID or nickname infringes other’s reputation, includes abusive language or offends the public morals by including indecent contents.
3. User ID or nickname is likely to be misunderstood as Company or our operator.
4. User is a child under 14 years old who has not received consent to provide personal information from legal guardians including parents.
5. User does not meet requirements for application set forth in relevant laws and regulations, or specified by Company.
④ Company provides Services to Users of all ages, but if User does not notify Company that a device User is a minor, we allow User to use our free services without restrictions by age. However, if it is discovered that the device user is a minor, the consent of a legal guardian including parents must be provided according to procedures established by Company.
⑤ Company may defer approval of User application, if Company’s facilities are inadequate, technical issues occur or as deemed necessary based on circumstance.
⑥ If Company does not approve or defer User membership registration pursuant to provisions of paragraphs 3 and 4 above, Company notifies User of same.
6. User ID, Nickname and Password Management
① User ID is an e-mail address that User entered, and Company may request User authentication required for registration to User at the e-mail address that User entered according to our service policy.
② User may set the nickname in relation to Services Use.
③ User may change the password through the Menu online.
④ User ID cannot be modified in principle, and the nickname is allowed to be changed only once.
7. Privacy protection duty
② Company collects only minimal information from User to identify User. If we hold a contest in relation to Services, we would additionally collect User contact information in order to deliver a prize. In this case, the collected personal information is not used for purposes other than the delivery of the prize.
8. Duty to Manage User ID and Password
① Users are obligated to manage ID and password and not provide same to 3rd parties.
② If a User has knowledge of stolen IDs and passwords or IDs and passwords used by 3rd parties, User should notify Company immediately.
③ Company is not liable for any damages or disadvantages resulting from use of Services if User fails to notify Company or fails to follow Company’s post-notification instructions.
9. Notices to Users
① Unless otherwise set forth in these Terms of Service, Company may give notice to users with the e-mail entered at the time of registration or e-message in the Service.
② If Company sends notice to all Users, Company posts a notice on a bulletin board or pop-up in Services for more than seven (7) days, and it may be substituted for the notice stated in the above paragraph.
10. Our Obligations
① Unless extenuating circumstances exist, Company allows User access to Services on the day User signs up for Services.
② Company complies with relevant laws and regulations and these Terms of Service, and will do our best to continue to provide stable service set forth in these Terms of Service.
③ If User comments or complains according to Company policy, and Company deems that these comments or complaints are reasonable and justified, Company will address same with proper procedures. User comments or complaint processing status and results are sent to User by bulletin boards, e-mails or SNS messages.
11. User Obligations
① User should not
1. Use another user’s e-mail at the time of application for registration
2. Change information posted by Company
3. Send or post information (including computer programs) other than information specified by Company
4. Violate patents, trademarks, copyrights and other intellectual property rights of Company and 3rd parties
5. Damage the reputation of Company and 3rd parties or interfere with business of Company and 3rd parties
6. Disclose or post indecent or violent images, insulting or threatening images and other information contrary to online etiquette
7. Post or spread another User’s personal information, including real names, addresses, phone numbers
8. Use Services for the purpose of generating profits without Company’s consent
9. Engage in unlawful behavior
② Unless explicitly agreed upon by Company, User should not transfer, assign or provide any rights to Services and other privileges under the service contract to 3rd parties, and same cannot not be provided as security for debt.
③ User should comply with relevant laws, regulations and provisions of these Terms of Service, Company instructions, and other notes and notices that we officially announce in relation to Services.
12. Services offered
① We provide the following Services to User.
1. ColorFil: Apps for mobile and tablet platforms
2. All other services developed by Company or provided to User through a 3rd party partnership contract
② Company may set a separate Service period for each element of Services, by dividing Services into fixed periods. In this instance, Company will not notify User of details in advance.
③ Service is provided year-round in principle.
④ Notwithstanding paragraphs 2 and 3 above, Company may stop providing Services temporarily without prior notice upon occurrence of any of the following:
1. Company needs to repair, check or replace IT equipment including computers, perform regular system maintenance, solve communication lapses or modify Services
2. Company needs to address security issues or breaches including hacking, communication accidents, abnormal use of Services by users, and unexpected Service instability
3. Company is unable to provide normal service due to natural disasters, emergencies, power failure, system failure or congestion of service
4. Company is undergoing corporate restructuring including company spinoffs, mergers, business transfers, business closure, and profit decline from Services
⑤ Company may provide regular maintenance when necessary for providing Services, and the regular check-up time is posted on Services screen.
⑥ Company is not liable for damage sustained by User related to use of free service provided by Company. Company is liable for damages resulting from Company’s gross negligence.
⑦ Company may terminate Services for technical and operations reasons. In this case, Company shall notify Users thirty (30) days prior to Services termination according to the method defined in Article 9.
⑧ Upon termination of Services pursuant to the paragraph above, User postings may be deleted, and Company is not liable for such deletions.
13. Changes to Services
① Company may implement reasonable changes to Services in part or whole for operations and technical needs.
② Reasons for changes to Services, method of use and service hours, as well as nature of changes to Services and available date of modified Services will be posted on the landing page.
③ Company may amend, suspend, and modify our free service in part or whole when necessary for our policy and operation, and without additional compensation to User unless otherwise defined in the relevant laws.
14. Information Offering and Ads Insertion
① Company may provide User with diverse information that is deemed necessary while User uses Service by way of notice or e-mail. User may reject an email at any time, with the exception of trading-relevant information under relevant laws and answers to User questions.
② Company may post ads on the Service screen, website and e-mail in relation to the operation of Services. User may opt out of receiving emails including ads.
15. Attribution of Rights
① Company owns copyrights and intellectual property rights to Services.
② The right to User postings is governed by these Terms of Service Article 16.
③ Copyright and intellectual property rights on a work that 3rd parties provide pursuant to a contract with Company belongs to such 3rd parties.
16. Copyright on Postings
① It is deemed that the copyright of displayed materials displayed by User in Service belongs to the owner of devices, including smartphones and tablet PC, who has made the displayed materials concerned.
② If the device User is different from the actual copyright holder of postings, the latter owns copyright to the postings. We do not get involved in the copyright-relevant disputes between the former and the latter.
③ Postings written by User in Services may be exposed to search results in Services or search results in portal sites, and may be used free of charge for the purpose of media coverage, PR, publication and contest promotion of Company and Services. For such uses, User postings may be partially amended, reproduced or edited within a necessary range. In this case, we comply with the provisions of the 「Copyright Act」, and User may request Company to delete, exclude from the search results or not to disclose User postings by contacting our customer center or using the management function in Services at any time.
④ If Company wishes to use User’s displayed materials through methods other than those under the subsection 2, Company shall obtain User’s prior consent via phone, fax, e-mail, e-memo, etc..
17. Management of Postings
① Company may delete User posting in the following circumstances at Company’s discretion.
1. User posting includes contents contrary to relevant laws and regulations, including the Information and Communication Network Act and the「 Copyright Act」
2. User posting includes only an empty screen that is basically provided in Services
3. User posting includes only a rough sketch that is basically provided in Services
4. User posting includes an indecent or violent image, an insulting or threatening image and other information contrary to traditional custom
5. User posting includes for-profit advertising images without Company’s consent
6. User posting is contrary to Company policy
② If Company deletes User posting according to the above paragraph 1, User may not see User post on Services screen.
18. Request for Suspension/Deletion of Posting and Temporary Measures
① In case User postings contain content contrary to relevant laws and regulations, including the Information and Communication Network Act and the 「Copyright Act」, a person having a right may request Company to stop or delete the postings according to procedures defined in the relevant laws, and persons other than the person having the right may report inappropriate posting to Company.
② If the above-mentioned reporting is made by a simple reporting function on Services screen without supporting evidence, being flagged does not temporarily block the posting. If a posting is flagged more than 5 times by the simple reporting function in the Services screen, the posting is automatically blocked for view from other users, and Company decides whether to lift the block from the posting within a reasonable period of time.
③ When Company receives a request for suspension or deletion of a posting, Company notifies the author, the User who wrote the posting by e-mail or SNS messaging, and implements temporary measures to block views of the posting by other users.
④ In case User does not object to temporary measures stated in the above paragraph 3, temporary measures stays in place. If User raises an objection and such objection is deemed justified, temporary measures are lifted.
⑤ If Company is unable to render a decision on the objection that User raises according to paragraph 3 above with respect to the request for suspension and deletion of posting thereof, we may ask the relevant authority for reviewing it. In this case, the temporary measure pursuant to paragraph 2 above continues until the results of the relevant authority’s review are released.
⑥ If a request for suspension and deletion of posting in 1 above is subject to the exercise of rights by a copyright holder under the 「Copyright Act」, the copyright holder should notify Company of the copyright infringement with supporting evidence to an administrator’s email available on our Service screen. Company will process such request according to procedures set forth in the 「Copyright Act」.
19. Restrictions to use
① If User actions correspond to any of the following, Company may issue an initial warning to User, may temporarily ban User access to Services for the second violation (1 month, 3 months or 6 months based on level of violation), and may ban User access to Services permanently for a third violation. For major infractions, Company may ban User’s access to Services without warning, or terminate the service contract.
1. User violates a provision of these Terms of Service
2. User obstructs normal operation of Services
3. User interferes with another user’s access to Services by continuously posting identical or similar images
4. User posts images indicated in Article 17 above
5. User manipulates the number of ‘Likes’, comments, or content
6. User flags another user’s post unreasonably, or asks for suspension and deletion of the postings without justification on more than three instances
7. User offends other users by continuously posting images contrary to regional law, customs and culture
8. User conduct in use of Services is unfair
② Notwithstanding the aforementioned provision, Company may stop User from access to Services or terminate services contract, if User is involved in providing an illegal program and obstructing operations in violation of the 「Copyright Act」, engaging in unlawful communication, hacking, spreading malicious programs, act exceeding the given access rights, etc. in violation of the Information and Communication Network Act and violates any other relevant laws.
③ If a User does not login for longer than three (3) consecutive months, Company may restrict User from access to Services for privacy protection and efficient service operation according to Company policy.
④ If Service use is restricted or the service contract is terminated pursuant to this article, Company serves notice to User according to Article 9 (Notification to Users).
⑤ User may raise an objection to our measures such as Use restrictions under this Article according to procedures specified by Company. At such time, if Company deems User objection is justified, User is allowed immediate access to Services.
20. Termination or Cancellation of Contract
① User may apply for the termination of the service contract with the ‘withdrawal’ menu online at any time, and Company should immediately process it as set forth in the relevant laws.
③ When User terminates the service contract, User postings are deleted but User comments on another User’s postings are not deleted. Also, if User postings are scrapped by another User or are registered at a public bulletin board, User postings may continue to be placed unless User individually deletes User postings.
① Company shall not be liable for failure to provide Service due to power failure, network problem, system problem or congestion, or natural disaster or force majeure equivalent to this not attributable to Company.
② Company is not liable for obstructed access to Services attributable to User.
③ Company is not liable for the reliability and accuracy of information, data and facts that User posted in relation to Services.
④ Company is not liable for problems arising out of transactions User engages in with other users or 3rd parties through Services.
⑤ Company is not liable for use of free services unless otherwise set forth in related laws and regulations.
22. Governing Law and Jurisdiction
① Any legal disputes including lawsuits, arbitration and mediation that may arise between User and Company are settled pursuant to the laws of the Republic of Korea.
② The district court that has a jurisdiction over Company at the time of filing a law suit has the exclusive jurisdiction for the law suit, mediation and arbitration for a dispute between Company and User.
③ For Users who reside abroad, the above paragraph 2 applies to lawsuits, arbitration and mediation regarding disputes that may arise between Company and User.
1. These Terms of Service shall be effective from OCT 25, 2018.