Hi. This is THEANT (hereinafter “company”), a total content company that grows with the creators.
The PIXEL sc terms of use (hereinafter “these terms”) is intended to stipulate the rights, obligations and responsibilities between the company and the member related to the use of PIXEL sc services, and other necessary matters.
Matters not written in these terms shall abide by 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 shall prepare the details of the above to make them easy to understand, and deliver them clearly.
Check the following before using the PIXEL sc service!
1. Definitions of Terms
The definition of terms used in these terms is as follows. However, for the terms that are not defined separately, legal terms shall abide by the definition of the relevant laws, and general transaction terms shall abide by the conventional transaction practices.
•
“PIXEL sc” refers to a service platform through which the company sells products or provides brokerage service for sales by using the information and communication network.
•
“Service” refers to all services provided by the company to the member for a fee or for free through PIXEL sc.
•
“Member” refers to a person who uses the services which the company provides in PIXEL sc by signing a contract for use with the “company” in accordance with these terms.
•
“Product” refers to all products and posts that the member can trade on PIXEL sc.
•
“Point” refers to PIXEL POINT (hereinafter “PP”) and FREE POINT (hereinafter “FP”) which includes information such as amount and type, transaction date, and expiration date.
•
“Contents” refers to the digital copyrighted work registered by a member on PIXEL sc in accordance with the registration format of the service.
•
“License” refers to the details of setting the scope of contents use.
•
“Sale” refers to the act of selling products on PIXEL sc by the company or member.
•
“Seller” refers to a member who sells a product.
•
“Purchase” refers to the act of purchasing products on PIXEL sc by a member.
•
“Purchaser" refers to a member who purchases a product.
•
“Remittance” refers to the company sending or returning money to a member.
•
“Payment” refers to a member sending money or points or making payment to the company or member.
•
“Service fee" refers to the amount that a member has to pay to the company in exchange for using the services and various additional services provided by PIXEL sc.
•
“Cancel purchase” refers to withdrawing the purchase of a product purchased by a member.
•
“Confirm purchase" refers to confirming the purchase of a product purchased by a member.
•
“Charge” refers to a member paying the money by using the point charging service provided by the company, and the company adding points worth the money paid by the member to the member.
2. Use of Service
1.
The company shall provide a variety of services to provide the member with knowledge and information, including product sales or sales brokerage.
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 individual terms and conditions, policies, announcements, and service screens of each service.
3.
The company provides basically the same service to all members. However, according to relevant laws such as “Juvenile Protection Act or special circumstances related to the provision of each service, the service may be provided by dividing users based on age or set level, or may be limited by varying the details, and hour or frequency of use of the service. Detailed information regarding this can be found in the information and announcements on each service.
4.
The company may stop providing the service if the member commits the act of violation of these terms.
3. Membership Registration and Membership Withdrawal
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.
Basically, the company shall 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.
•
Refusing to provide information required for membership registration.
•
Applying for membership by entering information of other person or false information.
•
Applying for membership for the purpose of destroying social order.
•
Account is suspended due to violation of related laws, terms of use, etc.
•
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.
•
Applying for membership registration for profit.
•
If 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.
•
There is a legal obligation that the member must perform to the company.
•
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.
•
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 related 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.
4. Member Rights and Obligations
1.
The member must comply with the laws of the Republic of Korea and these terms (including individual terms and conditions and policies).
2.
The member may use the services provided by the company for a fee or for free. The company shall post specific details and terms of use of paid services 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 PIXEL sc for the following reasons.
•
Inspection, repair, and replacement of electric communication facilities
•
Malfunction of information and communication network
•
Other legal and technical obstacles
4.
The member shall manage the account and shall not provide or allow the information on the account to be disclosed to a third party.
5.
The company shall set the rights and obligations of the member regarding the products based on the information defined below.
•
The contents registered by the member on PIXEL sc for sale is subject to copyright and property rights to the member, and there must be no legal issues even if they are sold, reproduced, or transmitted.
•
The member must comply with the requirements of laws related to products sold by PIXEL sc, such as the Act of Consumer Protection in the Electronic Commerce Transactions (hereinafter “Electronic Consumer Act").
•
The member must provide warranty service for the products sold at their own risk and expense.
•
In the event of damage to the member or others due to the sale of products or the use of purchased products, or infringement of copyrights and other rights of others, the member shall take full civil and criminal liability.
•
The member shall make the decision of his or her own on the type and range of products to be sold, materials, prices, ranges of use, and discounts. However, matters that may infringe on the rights of the purchaser in case of changes in the scope of use or data cannot be modified or deleted after the sale.
•
The member may use the product only within the scope of use of the purchased product, and the member shall be responsible for all issues in copyrights and property rights occurring due to violating them.
•
The member may not provide permission to use or allow the use of the purchased product to a third party beyond the scope of use (including setting up collateral or trust fund).
•
The member purchasing a contents product is the same as purchasing the rights to use the digital copyrighted work of the seller non-exclusively according to the scope of use set by the seller. Therefore, the content product transaction on PIXEL sc has the same effect as the contract of use of the copyrighted work concluded between the parties to the transaction. The company that provides the sales brokerage service shall keep the fact of the transaction and the contents of the license, which are the basis for such contracts.
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.
•
Expressions that violate Korean or foreign laws
•
Expressions related to crimes in Korea or abroad
•
Expressions for profit by the member or third parties
•
Expressions that include obscene, violent, cruel, and speculative messages
•
Expressions that destroy social order
•
Expressions that defame the company or third parties by presenting facts or false information
•
Expressions that infringe on the intellectual property of the company and third parties
•
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 PIXEL sc. 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.
•
Acts of violating Korean or foreign laws
•
Acts of violating these terms (including individual terms and conditions and policies)
•
Acts illegally performed by directly or indirectly using PIXEL sc
•
Acts of proceeding with membership registration by entering fraudulent information
•
Acts of interfering with the company's business through hierarchies, power, etc.
•
Acts of interfering with the member's use of the service through hierarchies, power, etc.
•
Acts of stealing another person's personal information or payment method
•
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
•
Acts of infringement on the intellectual property of the company and third parties
•
Acts that damage the reputation or credit of the company or the third parties
•
Acts of posting information containing obscene, violent, cruel, speculative contents
•
Acts of discrimination that violate individual human rights or equal rights
•
Acts of using PIXEL sc for profit by the member or the third parties without prior permission from the company
•
Acts pf unauthorized collection of information from third parties
•
Acts of damaging or interfering with the services operated by the company or causing an overload on all servers
•
Transmission or posting of information (computer programs) other than those set by the company
5. Points
1.
The company shall set points as a means of payment for the member to use the services of PIXEL sc.
2.
The company shall add or expire the member’s points based on the member’s transaction history, such as charge, purchase, sale, return, refund, and withdrawal.
3.
The company shall operate PP based on the contents defined below.
•
The company shall guarantee the validity period of PP for three (3) years from the time it adds the member's PP. PP that have passed the expiration date will expire.
•
The company shall classify the member's PP as follows.
◦
Charge P : PP charged by the member. (including PP added to the member due to the purchaser's cancel purchase)
◦
Confirm purchase P : PP paid by the purchaser to the seller after confirming the purchase of the product.
◦
Settlement P : PP actually settled to Seller.
•
The company shall guarantee the value of PP based on the contents defined below.
◦
Won (￦, KRW) : one (1) PP = 1 won
◦
Dollar ($, USD), Yen (￥, JPY) : The company shall set the value of the dollar ($, USD) and yen (￥, JPY) that corresponds to PP (hereinafter “exchange value”) every 24 hours based on the currency information which the foreign currency market of the Republic of Korea announces, and shall indicate this on the service screen which it deems the need for the member to confirm. However, if the company deems it is needed due to considerable fluctuations in exchange rates, the exchange value may be modified at any time.
4.
The company shall operate FP based on the contents defined below.
•
The company shall guarantee the validity period of FP for one (1) years from the time it adds the member's FP. FP that have passed the expiration date will expire.
•
FP is not subject to withdrawal, settlement, refund, or return.
•
The company may issue and distribute FP on PIXEL sc for reasons such as marketing and corporate policies.
•
The company shall manage FP to benefit both the member and the company.
5.
The company shall set the rights and obligations of the member regarding the points based on the contents defined below.
•
The member may request a refund of the charge P including the purchaser’s usage fee from the company through the customer center. However, in the following cases, the member may not request a refund.
◦
The case of charging subject for requesting refund passed 14 days or more from the time of charging.
◦
The member confirms product purchase by using part or all of the charge P corresponding to the case of charging.
•
The member may request for a return of the charge P excluding the purchaser service fee from the company in the [ Return Request ] method set by the company as below.
[ Return Request ]
•
The member may request withdrawal of settlement P from the company.
6.
The company shall pay money regarding the points based on the information defined below.
•
The company shall set the payment amount in the currency requested by the member based on the value guarantee grounds set out in these terms.
•
The company shall deduct all fees incurred to the company during the payment process such as remittance and currency exchange during the payment process from the payment amount.
•
Refunds will be returned in the method paid by the member for charging within five (5) business days from the time of request, or remitted to the deposit destination designated by the member.
•
Returns will be remitted to the deposit destination designated by the member within 10 business days from the time of request.
•
Withdrawals will be remitted to the deposit destination designated by the member on the 10th-15th of the following month from the time of request.
6. Service Fee
1.
The member shall pay the service fee for the use of PIXEL sc to the company based on the information defined below. However, if there is a service fee notified individually on the service screen, the individual notice shall take precedence.
•
Purchaser usage fee : 10%
◦
Purchaser usage fee is a service fee incurred due to reasons such as guaranteeing the member's authority and validity for products, and maintaining the point system.
◦
For purchaser usage fee, the fee rate is calculated for the charge P when the member fills it.
◦
The company shall add the purchaser usage fee to the amount to pay and bill the member when the member makes a payment for the money for charge.
◦
When the member charges by using PayPal, a 5% fee will be added to the purchaser usage fee.
•
Seller usage fee : 3%
◦
Seller usage fee is a service fee for the company providing a sales brokerage service and the seller generating profits by using it.
◦
For seller usage fee, the fee rate is calculated for the confirm purchase P of the product which the member sells.
◦
The member shall pay the seller usage fee by deducting the seller usage fee from the confirm purchase P corresponding to the member's sale.
•
Payment fee : 6%
◦
Payment fee is a service fee incurred due to reasons such as payment of fees for payment services used by the member to charge points and maintenance of the point system.
◦
For payment fee, the fee rate is calculated for the confirm purchase P of the product which the member sell
◦
The member shall pay the payment fee by deducting the seller usage fee from the confirm purchase P corresponding to the member's sale.
•
Contents management and storage fee (hereinafter “contents fee”): 5%
◦
Contents fee is a service fee incurred for the purpose of the company providing services such as managing, storing, and transmitting digital data registered in PIXEL sc.
◦
For contents fee, the fee rate is calculated for the confirm purchase P of the product which the member sell
◦
The member shall pay the contents fee by deducting the seller usage fee from the confirm purchase P corresponding to the member's sale.
7. Individual Terms and Conditions
1.
The company may apply individual terms and conditions or policies other than these terms if it is deemed necessary to provide the service.
2.
The company shall attach the individual terms and conditions set by the company below. The individual terms and conditions shall abide by the terms and details set forth in these terms. However, if there is a conflict between the individual terms and conditions and these terms, the individual terms and conditions shall take precedence.
8. Suspension of Account
1.
The company may temporarily or permanently suspend the use of the member’s account 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 account. 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 account is suspended.
9. Protection of Intellectual Property
1.
Copyrighted works such as contents provided by the company to the member through PIXEL sc are the intellectual property 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 property of the member and third parties. If the company infringes on the member’s intellectual property, the company shall compensate the member for damages in accordance with the relevant laws.
3.
When the member posts information on PIXEL sc, the company or third parties may use the information for profit such as promotion or marketing of the company or PIXEL sc. However, if the member notifies the company of objection to the use, 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 posting place according to business needs.
10. Protection of Personal Information
1.
To protect the valuable personal information of the member, the company has established the personal information processing policy in accordance with the “Personal Information Protection Act” and complies with it. The member may check the privacy policy on PIXEL sc.
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 advertisements.
11. Interpretation of Terms and Conditions
1.
Matters not specified in these terms shall abide by 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 in accordance with the principle of good faith, and shall not interpret it differently by customers. 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 individual terms and conditions or policies for individual services that make up PIXEL sc. In this case, individual 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 individual terms and conditions or policies take precedence.
12. Responsibilities and Indemnification of the Company
1.
If the member suffers damage due to reasons attributable to the company, the company shall compensate the member for the damage. However, compensation for damages shall be limited to the actual damage suffered by the member.
2.
When the company conducts 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 shall not guarantee the integrity of the data that makes up PIXEL sc.
4.
The company shall not guarantee the legality, accuracy, truthfulness, reliability, and effectiveness of the service.
5.
In relation to the transactions between members through the services provided by the company, the company shall 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 information entered by the member, and the truthfulness and legality of the 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 liable for manufactured goods 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 PIXEL sc service due to having difficulties in performing normal business activities such as bankruptcy or starting rehabilitation procedures, PIXEL sc service may be suspended after 30 days after notifying 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 PIXEL sc data including the member information. However, despite the above technical measures, the company shall not be liable for damages incurred to the member due to incidents caused by a third party attacking the company’s information and communication network or related information systems by means of hacking or computer viruses.
9.
The company shall not be responsible for any of the following cases.
•
Damage caused by reasons attributable to the member.
•
Damages which the reasons attributable to the company or specific damages are not proven.
•
Damages related to disputes between the electronic seller and the member which the company was the electronic sales broker for the transaction.
•
Damages that occurred in relation to the legality, accuracy, truthfulness, reliability, and effectiveness of the service.
•
Damages related to manufactured goods liability under the “Product Liability Act” for products supplied to the member.
•
Damages caused by circumstances beyond the company’s control, such as natural disasters, industrial acts, or infectious diseases.
•
Damages caused by disputes between member.
13. Amendment of the Terms and Conditions
1.
The company may revise these terms within the scope of not violating related 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 revises these terms, the major revisions and enforcement date shall be specified to the member and delivered electronically seven (7) days before the commencement date. However, in case that details that are unfavorable to the member are included, it shall be delivered 30 days before the commencement date.
3.
When the company revises these terms, the company shall check the member’s consent to the revised terms. The member may agree or reject this, and the company may regard it as giving consent if the member does not express his or her consent within seven (7) days. However, if the member does not agree with the revised terms and conditions, the membership withdrawal procedure may proceed.
14. Notification and Announcement
1.
The company shall notify the notification in accordance with these terms electronically through the e-mail address and phone number provided by the member.
2.
In lieu of notification targeted to random members, the company may notify PIXEL sc electronically for more than one (1) week. However, matters that have a significant impact on the member’s use of service shall be notified individually.
15. Governing Law and Jurisdiction of Trial
1.
The interpretation and application of these terms shall be governed by the laws of the Republic of Korea.
2.
The jurisdiction of trial for disputes between the company and the member shall be referred by the “Civil Procedure Act.” However, in the case where the member resides in a foreign country, the Seoul Central District Court of Korea shall be the exclusive court of jurisdiction court for the first trial
