Hello users. This is NEXT LEVEL Studio Inc. (hereinafter, the “Company”) that grows together with creators.
Pixelplus Terms of Service (hereinafter, the “Terms”) are intended to stipulate the rights, obligations, and responsibilities between the Company and the Member related to the use of Pixelplus services and other necessary matters.
Matters not stipulated herein shall be in accordance with the contents displayed on the service screen, and the contents notified on the service screen shall have the same effect as those written in these Terms.
To protect the rights of the Member, the Company will prepare the above details in an easy-to-understand manner to deliver them clearly.
Please check the following before using Pixelplus services.
1. Definitions
The terms used herein are defined as follows. However, more terms can be additionally defined in some parts of the Terms, and among the terms not specifically defined herein, the legal terms shall be interpreted in accordance with definitions under relevant laws, and the terms in general commercial transactions shall be interpreted in accordance with commercial practice:
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“Pixelplus” refers to general services provided by the Company using information and communications network.
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“Member(s)” refers to a person who uses Pixelplus by contracting a user agreement with the Company in accordance with these Terms. “Member(s)” consists of “Approved Seller(s)”, “Purchaser” and “Sponsor”.
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“Approved Seller(s)” refers to the Member who consented to Terms and Conditions for Admission to Sell Products and completed the process of application and approval of admission to use all profit-making activity services provided by Pixelplus.
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“Purchaser” refers to the Member who purchases “Product” registered according to this Terms by Approved Seller who creates “Provided work”.
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“Sponsor” refers to the Member who gives “Sponsored Funds” to Approved Seller regarding “Donation Service”.
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“Service” refers to all services provided by the Company to the Member for a fee or for free through Pixelplus.
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“Paid Service” refers to all services provided by the Company to the Member for a fee through Pixelplus.
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“Provided work” refer to a work to which Approved Seller has all kinds of right in relation with its use including but not limited to copyright, and which consists of original copyright work registered as “Primary Product” and derivative work thereof registered as “Secondary Product”.
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“Product” refers to the Provided work processed by the Approved Seller in the form purchasable by the Member and registered in the Service. Product consists of “Primary Product” and “Secondary Product”.
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“Primary Product” refers to the Product other than the Secondary Product to which Approved Seller has all kinds of right regarding its use.
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“Primary Creator” refers to the Member who has all kinds of right regarding use of Primary Product.
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“Secondary Product” refers to the Product which is created as derivative works based on Primary Product and registered in Pixelplus.
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“Tutorial” refers to the Primary Product that can be utilized for non-commercial purposes such as education.
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“Market” refers to all services providing brokerage and download of product-related transactions to the Approved Seller who provides the Product in the Service and the Purchaser who makes payment for the purpose of using it.
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“Sale” refers to the act of selling the Product on Pixelplus by the Approved Seller through the Service.
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“Plan (Right to Use)” refers to the right to use of Provided work of Approved Seller acquired by Purchaser according to this Terms. It stipulates the number of users of the Provided work and the number of available projects for the Purchaser.
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“Cash” refers to prepaid advances that can be used on Pixelplus which includes information such as amount, type, transaction date, and expiration date.
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“Payment” refers to the Member’s act of providing money by using payment methods provided by Pixelplus.
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“Purchase Cancellation” refers to withdrawing the purchase of the Product purchased by the Member.
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“Purchase Confirmation” refers to finalizing the purchase of the Product purchased by the Member.
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“Donation Service” refers to ther service which Pixelplus mediates donation from a Sponsor to a certain Approved Seller.
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“Fee” refers to the amount of the service charge obtained by the Company by additionally charging (hereinafter, the “Purchase Fee”) on base amount or by deducting additional charges from settlement (hereinafter, the “Settlement Fee”) in exchange for providing the Paid Service.
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“Settlement” refers to paying to the Approved Seller the amount (hereinafter, the “Estimated Amount of Settlement”) after deducting the Settlement Fee from the Sale revenue of the Approved Seller’s Product or the Sponsored Funds of the Donation (hereinafter, the “Base Amount for Settlement”).
2. Use of Service
1.
The Company shall provide the Member with the Service that brokerages the Sale of the Product, the Purchase of the registered Product’s Plan, the Donation among the Members by registering the Provided Work.
2.
The Member may use the Service by using the information and communication devices such as computers and mobile phones, and the specific details and conditions of use of each service can be checked in the separate terms and conditions, policies, announcements, and service screens of each service
3.
The Company provides primarily the same Service to all Members. However, according to relevant laws such as the Juvenile Protection Act or special circumstances related to the provision of each Service, the Service may be provided by dividing the Users based on age or a certain level, or may be limited by varying the details, and hour or frequency of use of the Service. Detailed information regarding the foregoing is available instructions and announcements on each Service
4.
The Company may stop providing the Service if the Member commits the act in violation of these Terms.
3. Registration and Withdrawal of Membership
1.
Membership registration is completed when the Member applies for membership to the Company in accordance with these Terms and receives approval for membership registration from the Company.
2.
In relation to using the Service, the Company may perform a procedure to confirm the Member’s real name.
3.
The Company shall primarily accept the membership registration that the Member has applied for in accordance with these Terms. However, in the following cases, the Company may postpone or reject the acceptance of membership:
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Refusing to provide information required for membership registration.
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Applying for membership by entering information of other person or false information.
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Applying for membership for the purpose of destroying social order.
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Account is suspended due to violation of relevant laws, terms of service, etc.
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If there is a reason to suspect that the Member applied for membership for the purpose of disturbing or causing loss to the Company’s business.
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Applying for membership registration for profit.
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Where membership registration cannot be approved due to other physical or technical reasons.
4.
The Member may apply for membership withdrawal according to these Terms at any time, and basically, the Company shall accepts the membership withdrawal request from the Member. However, in any of the following cases, the Company may refuse or withhold the approval of membership withdrawal:
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There is a legal obligation that the member must perform to the Company.
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Dispute occurs between the Member and the Company or there is a high possibility of it.
5.
The Company may proceed with membership withdrawal regardless of the Member's application in any of the following cases:
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If the Member does not agree to the revised terms, and there are circumstances in which the terms before revision cannot be applied to the Member
6.
The Company shall delete or destroy the information provided by the Member upon membership withdrawal according to relevant laws and personal information processing policies, or keeps it for a certain period. However, none of the posts created by the Member until membership withdrawal shall be deleted, and the Member shall not make request to delete the post to the Company after membership withdrawal.
7.
The Member shall directly take measures necessary for payment, refund, customer service for any transaction non completed by the time of membership withdrawal, and the provision on the Member’s responsibility arising in relation to the transaction prior to the membership withdrawal shall remain valid.
4. Rights and Obligations of the Member
1.
The Member must comply with the laws of the Republic of Korea and these Terms (including separate terms and conditions and policies).
2.
The Member may use the Service provided by the Company for a fee or for free. The Company shall post specific details and terms of use of the Paid Service on the service screen.
3.
The Member may use the Service at any time. However, the Company may temporarily suspend the Member’s use of Pixelplus for the following reasons:
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Inspection, repair, and replacement of electric communication facilities
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Malfunction of information and communication network
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Other legal and technical obstacles
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Other cases deemed necessary by the Company
4.
The Member shall manage the account and shall not provide or allow the information of the account to be disclosed to a third party.
5.
Approved Seller and Purchaser shall have rights and bear obligations as follows regarding Provided Work and Product:
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Approved Seller’s sale and The Member’s purchase means granting of the rights to use the Provided work of the Approved Seller non-exclusively according to the scope of use set by the Approved Seller. Therefore, the transaction of sale and purchase of the Product on Pixelplus has the same effect as contracting the “License Agreement” for the Provided work. The Company that provides the sales brokerage service shall keep the fact of the transaction and the contents of the Plan, which are the basis for such contracts
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Products registered by Approved Seller for Sale are Primary Product to which Approved Seller has all of the right to use including copyright or Secondary Product which is approved and consented by Primary Creator of Primary Product sold in Pixelplus.
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Approved Seller shall warrant, on its sole responsibility, that (i) Approved Seller has the right to have and use including but not limited to proprietary right, copyright in relation with the Provided Work registered as Product; (ii) it does not infringe any third party’s right including any of intellectual property right and related laws; (iii) there is no any limitation or restriction in legal perspective on granting right to use to Purchaser or being duplicated/reproduced by Purchaser through Pixelplus. In the case Approved Seller fails to warrant, it shall be restricted to sell the Product thereof.
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If the case that Provided Work is “joint work”, Approved Seller shall be one of the creators who has equity to the ownership, and shall be delegated authority to perform as representative creator by all of the other creators. The Company may request Approved Seller to submit written letter of attorney for proving it. If Approved Seller fails to submit following to such request, it shall be restricted to sell the Product thereof.
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Approved Seller shall comply with the requirements of laws related to the Product registered on Pixelplus, such as the Act on the Consumer Protection in Electronic Commerce, Etc. (hereinafter “Electronic Commerce Act")
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Approved Seller shall make his/her own decision on price of the Provided work, whether or not to make a secondary creation, discount rate, etc. for the registration of the Product; provided, that, this will go through a review process for sales approval by the Company or the Primary Creator, which may be refused by judging standards of a reviewer.
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In relation with sale of Product(including Primary Product and Secondary Product), Approved Seller confirms and agrees to granting the right of permanent use of the Product abiding the scope of use set by Approved Seller to Purchaser at the cost of payment from Purchaser through Pixelplus.
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After the sale of the Product, Approved Seller shall not modify or delete any matters that may infringe the Purchaser’s rights. Approved Seller shall guarantee validity of any of all right of Purchaser in relation with the Provided Work without considering continuity of Service or whether withdraw from Pixelplus or not.
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Purchaser may only use the Product within the authority and limit of the Product’s Plan, and Purchaser shall be liable for all issues arising in connection with copyrights and property rights incurred due to his/her violation of the foregoing.
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Purchaser shall not provide the usage right to a third party (including the setting of security, trust, etc.) in excess of the scope of using the Product purchased by the Member or permit a third party to use the Product; provided, however, that according to the usage scope of the Plan, some part of Plan (Group Plan) may be shared among the Members of Pixelplus.
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In relation with sale, purchase and using the Product, if Approved Seller or Purchaser breaches this Terms or causes any damages to third party or infringes any third party’s right including copyright, such Approved Seller or Purchaser bears all the responsibility for any kind of liability. In the case the Company suffers any damages from it, it shall fully indemnifies the Company.
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For the Product of which copyrights are deemed infringed, Approved Seller or Purchaser may inform the Company of infringement and request a suspension of the Sale of the Product in connection with the damages from copyright infringement.
6.
The Member shall not bypass, delete, modify, invalidate, weaken, or damage the information protection function in the Service, use robots, spiders, scrapers, or other automated means to access the Service, decompile, reverse engineer, or disassemble software or other product processes by using the Service, insert code or products, manipulate the Service in any way, or perform data mining, data collection, or data extraction
7.
The Member shall not upload, post, send e-mails, or otherwise send materials designed to interfere with, destroy, or limit the functioning of computer software, hardware, or communication equipment related to the Service, including computer viruses and other computer code, files or programs
8.
The Member may write posts within the Service. However, if the Member’s post contains any of the following expressions, the Company may request for deletion or delete it:
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Expressions that violate Korean or foreign laws
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Expressions related to crimes in Korea or abroad
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Expressions for profit by the member or third parties
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Expressions that include obscene, violent, cruel, and speculative messages
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Expressions that destroy social order
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Expressions that defame the Company or third parties by presenting facts or false information
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Expressions that infringe on the intellectual property of the Company and third parties
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Expressions of discrimination that violate individual human rights or equal rights
9.
The Member may not perform the following acts in relation to the use of Pixelplus. Nevertheless, if the Member does the following, the Company may take action against the Member such as deleting posts, temporarily or permanently suspending the account, claiming damages, or make criminal charges or accusations:
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Acts of violating Korean or foreign laws
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Acts of violating these Terms (including separate terms and conditions and policies)
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Acts illegally performed by directly or indirectly using Pixelplus
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Acts of proceeding with membership registration by entering fraudulent information
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Acts of interfering with the Company's business through hierarchies, power, etc.
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Acts of interfering with the Member's use of the Service through hierarchies, power, etc.
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Acts of stealing another person's personal information or payment method
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Acts of providing the member’s account or payment method to a third party (including the setting of collateral, trust fund, etc.) or allowing use
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Acts of infringement on the intellectual property of the Company and third parties
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Acts that damage the reputation or credit of the Company or the third parties
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Acts of posting information containing obscene, violent, cruel, speculative contents
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Acts of discrimination that violate individual human rights or equal rights
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Acts of using Pixelplus for profit by the Member or the third parties without prior permission from the Company
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Acts pf unauthorized collection of information from third parties
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Acts of damaging or interfering with the Service operated by the Company or causing an overload on all servers
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Transmission or posting of information (computer programs) other than those set by the Company
5. Cash
1.
The Company shall set Cash as a means of payment for the Member to use Pixelplus.
2.
The Company shall add or expire the Member’s Cash based on the Member’s transaction history, such as charge, purchase, sale, return, refund, and withdrawal.
3.
The Company shall operate the Cash based on the contents defined below:
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The Company shall guarantee the validity period of the Cash for five (5) years from the time the Cash is added. The Cash past the validity period will be expire.
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Cash shall be classified as follows:
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Transferred Cash: Cash granted to the Member who has transferred the remaining Pixel Points charged by the member of PIXEL SC to Pixelplus.
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Refunded Cash: Cash refunded due to the Purchaser’s cancellation of the product purchase.
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The Company guarantees the value of the Cash based on the contents defined below.
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Korean Won (￦, KRW) : 1 KRW = Cash: 1C
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The Cash unit shall be marked as C or KRW.
4.
The Company shall set the rights and obligations of the Member regarding the Cash based on the contents defined below.
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The Member may request a refund of the Cash; provided, however, that the Member may not request a refund in the following cases:
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Transferred Cash has no restrictions in terms of period of a refund request unless expired. However, during the period of operating Pixelplus or according to amendment of the terms and conditions, the restrictions are subject to change at any time.
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When the Member, after purchasing the Product by using the Cash partially or wholly, has confirmed the purchase of the relevant payment.
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Request for a refund of the Cash is available through one-to-one inquiry service of Pixelplus.
6. Paid Service
1.
The Company shall indicate the following matters on initial screen, etc. of the Paid Service for the Member’s easy recognition:
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Name or title of the Paid Service
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Contents, methods of using, fees, other terms of usage of the Paid Service
2.
Time of commencing the provision of the service after payment of the Paid Service shall be subject to the following matters:
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After completion of payment for the Product. when clicking the Purchase Confirmation button for downloading and Plan sharing
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When the Purchase Confirmation is automatically done after lapse of fourteen (14) days from completion of payment for the Product
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Immediately after completion of payment for the Donation, when the Purchase Confirmation is made based on the consent of the Approved Seller
3.
The Company shall provide matters regarding exchange, refund, and warranty of the Paid Service and the conditions and procedures of a payment refund thereof.
4.
The Member shall follow the following matters regarding the Paid Service:
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The Member shall comply with relevant laws depending on the nature of the Paid Service he/she uses.
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The Approved Seller shall be obliged to handle a request for refund made by the Purchaser according to the contents of a post.
5.
Payment by a minor shall be subject to the following matters:
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A minor shall obtain consent of his/her legal representative such as parents before making payments. A minor who has not obtained consent of his/her legal representative is not allowed to complete the payment.
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A property permitted by a legal representative for disposal within a specific scope may be arbitrarily disposed of by a minor.
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If a minor uses a fraudulent means to induce the Company to believe that he/she is a person of full age or that he/she has obtained consent of his/her legal representative such as by using payment information of another person of full age without consent, the payment, even without consent of the legal representative, may not be made void.
6.
The Company and the Member shall follow the following matters regarding the amount mistakenly calculated:
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If the payment for use of the Paid Service was mistakenly calculated, the Company shall provide the Member with a full refund of the amount mistakenly calculated.
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When the amount mistakenly calculated and charged on the Member is due to reasons attributable to the Company, the Company shall provide a full refund of the amount mistakenly calculated without regard to the cost, the Fee, etc.; provided, however, that when the amount mistakenly calculated is due to reasons attributable to the Member without intention or negligence of the Company, actual expenses incurred for such refund shall be borne by the Member within the reasonable scope.
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Matters on a refund of the payment mistakenly calculated which are not stipulated herein shall be subject to relevant laws.
7. Withdrawal and Termination of the Paid Service
1.
The Member may withdraw a contract for the use of the Paid Service within fourteen (14) days from the date the payment was made for using the Paid Service.
2.
The Member is not allowed to withdraw pursuant to Paragraph 1 against the will of the Company in any of the following cases:
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When the Paid Service has commenced pursuant to Article 5(2)
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In case of the Donation where the instruction on non-withdrawal was made at the time of payment
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When goods, etc. were destroyed or damaged due to reasons attributable to the Member
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When the Member has partially used or consumed the goods
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When the withdrawal of goods, etc. separately produced to the Member’s order or any goods, etc. similar thereto is acknowledged.
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When significant damage is expected to be inflicted on a party who provides the Paid Service
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When the information of contents which do not permit withdrawal has been contained and indicated
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Other cases stipulated by law for safe transactions
3.
In case of withdrawal by the Member, costs necessary for return of goods, etc. shall be borne by the Member.
4.
Notwithstanding the cases where withdrawal is not allowed pursuant to Paragraph 2, the contract for the Paid Service may be terminated in any of the following cases:
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When a reason for termination agreed between the Member and the Company has occurred
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When the Approved Seller’s Product and Provided Work provided by the Approved Seller contain false information, and the Approved Seller fails to supplement and correct the error.
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When a reason for termination by law has occurred
5.
In case of contract termination due to special circumstances of the Purchaser or the Approved Seller pursuant to the above Paragraph 4, all responsibilities shall be borne by the Member who caused the problem, and the Company shall not bear any responsibility.
6.
For any matters not stipulated herein with regard to the withdrawal, relevant laws such as the Electronic Commerce Act and regulations prescribed by the Company such as detailed guidelines for use of services shall apply.
8. Fee for Paid Service
1.
The Member shall pay the Fee for use of the Paid Service to the Company based on the following grounds; provided, however, that if there is the Fee individually notified on the Service screen, the individual notice shall take precedence.
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Purchase Fee
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When the Purchaser makes a payment to use the Paid Service entailing the Purchase Fee, the Company shall charge by adding the estimated amount of payment and the ratio of the Purchase Fee.
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Basic items of the Purchase Fee are as follows:
Basic Item | Fee | Description |
Purchaser Service Charge | 0% | Fee for the use of the Paid Service provided by Pixelplus |
Payment Network Service Charge | 0% | Fee incurred from payment of fees for the payment service used by the Member |
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Individual items of the Purchase Fees are as follows:
Individual Item | Classification | Fee | Description |
Service Type | Market | 0% | Purchase Fee charged for use of the Market |
‘’ | Donation | 10% | Purchase Fee charged for use of the Donation |
Currency | Korean Won (₩, KRW) | 0% | Purchase Fee charged for payment in Korean Won |
‘’ | US Dollar ($, USD) | 6% | Purchase Fee charged based on foreign currency management and exchange fees in case of paying in US dollar |
‘’ | Japanese Yen (¥, JPY) | 6% | Purchase Fee charged based on foreign currency management and exchange fees in case of paying in Japanese Yen |
Product Type | Primary | 0% | Purchase Fee for purchase of the Primary Product |
‘’ | Secondary | 0% | Purchase Fee for purchase of the Secondary Product |
‘’ | Tutorial | 0% | Purchase Fee for purchase of the Tutorial |
Product Category | 2D | 0% | Purchase Fee for purchase of 2D category |
‘’ | 3D | 0% | Purchase Fee for purchase of 3D category |
‘’ | Brush | 0% | Purchase Fee for purchase of brush category |
‘’ | Font | 0% | Purchase Fee for purchase of font category |
‘’ | Tutorial | 0% | Purchase Fee for purchase of tutorial category |
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Settlement Fee
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The Company pay to the Approved Seller generated proceeds (hereinafter, the “Proceeds”) after deducting the total ratio of the Settlement Fee.
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Basic items of the Settlement Fee are as follows:
Basic Item | Fee | Description |
Seller Service Charge | 5% | Fee for the use of the Paid Service provided by Pixelplus |
Payment Network Service Charge | 5% | Fee incurred from payment of fees for the payment service used by the Member |
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Individual items of the Settlement Fee are as follows:
Individual Item | Classification | Fee | Description |
Service Type | Market | 8% | Service charge for the Proceeds generated from use of the Market |
‘’ | Donation | 0% | Settlement Fee deducted for use of the Donation |
Currency | Korean Won (₩, KRW) | 0% | Settlement Fee for the settlement in Korean Won |
‘’ | US Dollar ($, USD) | 6% | Settlement Fee deducted based on foreign currency management and exchange fees in case of settling in US dollar |
‘’ | Japanese Yen (¥, JPY) | 6% | Settlement Fee deducted based on foreign currency management and exchange fees in case of settling in Japanese Yen |
Product Type | Primary | 0% | Settlement Fee for sale of the Primary Product |
‘’ | Secondary | 10% | Settlement Fee for sale of the Secondary Product |
‘’ | Tutorial | 0% | Settlement Fee for sale of the Tutorial |
Product Category | 2D | 0% | Settlement Fee for sale of 2D category |
‘’ | 3D | 0% | Settlement Fee for sale of 3D category |
‘’ | Brush | 0% | Settlement Fee for sale of brush category |
‘’ | Font | 0% | Settlement Fee for sale of font category |
‘’ | Tutorial | 0% | Settlement Fee for sale of the Tutorial category |
9. Separate Terms and Conditions
1.
The Company may apply separate terms and conditions or policies other than these Terms if it is deemed necessary to provide the Service.
2.
The Company shall attach the separate terms and conditions set by the Company below. The separate terms and conditions shall be in accordance with the terms and details set forth in these Terms. However, if there is a conflict between the separate terms and conditions and these Terms, the separate terms and conditions shall take precedence.
10. Suspension of Member’s Use
1.
The Company may temporarily or permanently suspend the Member’s use according to these Terms.
2.
The Company shall notify the Member one (1) week before the start date of the suspension of the Member's use. However, in inevitable cases, the Company may reduce the notification period and notify the suspension of use afterward.
3.
The Company may delete all or part of the information posted by the Member whose use is suspended
4.
Pixelplus may take measures such as suspension of use, forced withdrawal, or other legal sanctions in the event where the User or the Member uses the Service in wrong ways or with wrongdoings as follows:
a.
To be hindered during the provision of the Service in wrong ways or access the Service by using methods other than the way instructed by Pixelplus
b.
To collect, use or provide to a third party the information of other Members without permission
c.
To use the Service for profit-making or promotional purposes
d.
To send or post information with contents in violation of public morality and laws such as obscene information and copyright infringing information
e.
To duplicate, modify, distribute, sell, transfer, lend, provide as security, or give others the permission to use Pixelplus or part of software contained therein without consent of the Company
f.
To reproduce, disassemble, emulate or otherwise transform the Service such as by reverse engineering software or attempting to extract source code
g.
To fail to comply with relevant laws and all terms and conditions of the Company
11. Protection of Intellectual Property
1.
Provided works such as contents provided by the Company to the Member through Pixelplus are the intellectual properties of the Company or third parties, and shall be protected by the laws of the Republic of Korea and foreign countries
2.
The Company shall make the effort to protect the valuable intellectual properties of the Member and third parties. If the Company infringes on the Member’s intellectual properties, the Company shall compensate the Member for damages in accordance with relevant laws.
3.
When the Member posts information on Pixelplus, the Company or third parties may use the information for profit such as promotion or marketing of the Company or Pixelplus. However, if the Member notifies the Company of objection to the use thereof, the Company shall stop using it.
4.
The Company may modify or delete all or part of the information posted by the Member or change the publication place according to business needs.
12. Protection of Personal Information
1.
To protect the valuable personal information of the Member, the Company has established and complies with the privacy policy in accordance with the “Personal Information Protection Act”. The Member may check the privacy policy on Pixelplus.
2.
The Company may collect and use the personal information of the Member according to the privacy policy. However, the Member may refuse to provide personal information or request deletion of personal information at any time.
3.
In accordance with the “Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.,” the Company may transmit information for advertisement for profit to the Member by using electronic transmission media such as SMS and email. In this case, the Company shall provide the Member with a method to refuse to receive advertisements, and the Member may refuse to receive the advertisements.
13. Interpretation of Terms of Service
1.
Matters not specified in these Terms shall be in accordance with relevant laws such as the Act on Regulation of Terms and Conditions, Act on the Consumer Protection in Electronic Commerce, Etc., Act on Promotion of Information and Communication Network Utilization and Information Protection, Etc., and Content Industry Promotion Act and privacy policy.
2.
The Company shall interpret these Terms fairly based on the principle of good faith, and shall not interpret it differently by the Member. In addition, any part of these Terms that is not clear in meaning will be interpreted to the advantage of the Member.
3.
The Company may operate separate terms and conditions or policies for individual services that make up Pixelplus. In this case, separate terms or policies will be effective for the Member in the same way as these Terms and conditions, and if there is a contradiction between these Terms and conditions, the separate terms and conditions or policies take precedence.
14. Responsibilities and Indemnification of the Company
1.
If the Member suffers damages due to reasons attributable to the Company, the Company shall compensate the Member for the damages. However, compensation for damages shall be limited to the actual damages suffered by the Member.
2.
When the Company engages in electronic sales brokerage, the Company shall not be the party of electronic sales, and the Company shall not be responsible for transactions between the Member and the client of the electronic sales brokerage. However, the Company shall provide the information on the client of the electronic sales brokerage in accordance with the Act on the Consumer Protection in Electronic Commerce, Etc.
3.
The Company does not guarantee the integrity of the data that makes up Pixelplus
4.
The Company does not guarantee the legality, accuracy, truthfulness, reliability, and effectiveness of the Service.
5.
In relation to the transactions between the Members through the Service provided by the Company, the Company does not guarantee the existence and authenticity of the intent to sell or purchase, quality, completeness, stability, legality of the registered items, non-infringement of the rights of others, and the truthfulness and legality of the information entered by the Member and data posted on the URL linked through the information.
6.
For products provided to the Member for free or at a cost, the Company shall not be bear product liability pursuant to the Product Liability Act. However, when the Member requests information about the manufacturer or supplier of the product from the Company, the Company shall provide the information to the Member within a considerable period.
7.
If the Company cannot continue the Service due to difficulties in performing normal business activities such as bankruptcy or commencement of rehabilitation procedures, the Service may be suspended from the lapse of thirty (30) days after giving notice thereof to the Member.
8.
In accordance with the Act on Promotion of Information and Communication Network Utilization and Information Protection, Etc., the Company is taking technical measures necessary for security on all Pixelplus data including the Member information. However, for damages incurred to the Member, despite the above technical measures, due to incidents caused by a third party attacks on the Company’s information and communication network or related information systems by means of hacking or computer viruses, the Company shall not be held liable.
9.
The Company shall not be held liable for any of the following cases where:
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Damages are caused by reasons attributable to the Member.
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Reasons of the damages attributable to the Company or specific fact of damages are not proven.
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Damages are related to disputes between the electronic seller and the Member in a transaction the Company brokered as an intermediary of electronic sales
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Damages occurred in relation to the legality, accuracy, truthfulness, reliability, and effectiveness of the Service.
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Damages are related to product liability under the “Product Liability Act” for products supplied to the Member.
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Damages are caused by circumstances beyond the Company’s control such as natural disasters, industrial disputes, or infectious diseases.
15. Amendment
1.
The Company may amend these Terms within the scope of not violating relevant laws such as the “Act on Regulation of Terms and Conditions” and “Act on the Consumer Protection in Electronic Commerce, Etc.”
2.
When the Company amends these Terms, main contents of the amendment and effective date shall be specified to the Member and delivered electronically seven (7) days prior to the effective date. However, in case where details unfavorable to the Member are included therein, they shall be delivered thirty (30) days prior to the effective date.
3.
When the Company amends these Terms, the Company shall check the Member’s consent to the amended terms. The Member may agree or reject the amendment, and the Company may regard the Member as having consented if the Member fails to express his/her consent within seven (7) days. However, if the Member does not agree with the amended terms and conditions, the Membership withdrawal procedure may proceed.
16. Notice and Announcement
1.
The Company shall give notice in accordance with these Terms electronically through e-mail address and phone number provided by the Member.
2.
In lieu of notice for many and unspecified Members, the Company may give announcement on Pixelplus electronically for more than one (1) week; provided, however, that matters that have a significant impact on the Member’s use of the Service shall be notified individually.
17. Governing Law and Jurisdiction
1.
The interpretation and application of these Terms shall be governed by the laws of the Republic of Korea.
2.
In case of dispute between the Company and the Member, the district court having jurisdiction over the place of the Company or the Member shall be the competent court of the first instance.
If you have any questions regarding Pixelplus, please contact CS Center (weekdays 10:00-18:00).
