Any person who desires to use all profit-making activity services (hereinafter, the “Service”) provided by Pixelplus that Next Level Inc. (hereinafter, the “Company”) operates (hereinafter, the “Approved Seller”) should carefully review and have full understanding of the Terms and Conditions for Admission to Sell Products before applying for admission.
The Terms and Conditions for Admission to Sell Products (hereinafter, “these Terms”) are intended to stipulate the procedures for the Approved Seller to use the Service, detailed matters necessary for the use thereof, requisites for use of the product, cost settlement, and other matters.
1. Definitions
The terms used herein are defined as follows. However, for the terms not defined in separate terms and conditions, definitions in the Terms of Service or other separate terms and conditions shall apply:
1.
“Member” refers to a person who uses Pixelplus by signing a contract for use of services with the Company.
2.
“Copyrighted Work” refers to a copyrighted work to be registered in the Service among copyrighted works that were created by the Approved Seller and of which the intellectual property rights are held by the Approved Seller, or that, in the case of a joint copyrighted work, should obtain consent on the delegation of representative’s authority, and that would incur no legal dispute even in cases of duplication, transmission, and sales, etc.
3.
“Product” refers to the Copyrighted Work processed by the Approved Seller in the form purchasable by the Member and registered in the Service.
4.
“Tutorial” refers to the Product that can be utilized for non-commercial purposes such as education.
5.
“Sale” refers to the act of selling the Product on Pixelplus by the Approved Seller through the Service.
6.
“Plan (Right to Use)” refers to terms and conditions on the right to use and restrictions on the Copyrighted Work between the Approved Seller, an author of the Copyrighted Work, and the Member who purchased the Product sold by the Approved Seller (hereinafter, the “Purchaser”), and it stipulates the number of users of the Copyrighted Work and the number of available projects for the Purchaser.
7.
“Donation” refers to all services where a user who gives goods (hereafter, the “Sponsor”) makes a donation to a user (hereinafter, the “Recipient”) who is eligible to receive specific goods (hereinafter, “Sponsored Funds”) in the Service.
8.
“Fee” refers to the amount of the service charge obtained by the Company by charging on base amount or by deducting additional charges from settlement in exchange for providing the Paid Service.
9.
“Base Fee” refers to base Fee which is uniformly applied to all Approved Sellers after notified through the Terms of Service or announcements of Pixelplus
10.
“Separate Fee” refers to the Fee uniformly applied to all Approved Sellers after notified through the Terms or Service or announcements of Pixelplus but differently applied depending on the type of the Product and the Service, etc.
11.
“Settlement Fee” refers to the Fee calculated for settlement by adding up the Base Fee and the Separate Fee.
12.
“Settlement” refers to paying to the Approved Seller the amount after deducting from proceeds of the Approved Seller’s Product or the Donation (hereinafter, the “Base Amount for Settlement”) the “Settlement Fee” (hereinafter, the “Estimated Amount of Settlement”).
2. Product Screening
1.
Company shall make the Sale available after inspecting and approving the Product registered by the Approved Seller that contains the Copyrighted Work.
2.
Refusal of approval
•
If it is deemed that the Copyrighted Work and information of the Product do not satisfy internal screening standards stipulated by the Company
•
If the Product is inappropriate Copyrighted Work that may cause a problem in operation of the Service according to the judgement of the Company
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If information of the Copyrighted Work is falsely stated
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If the Copyrighted Work submitted by the Approved Seller is not working normally
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The Copyrighted Work submitted by the Approved Seller are deemed having copyright issues or are expected to cause a problem according to the judgment of the Company
•
Otherwise, if the Product is the Copyrighted Work which cannot be sold according to social norms.
3. Rights and Obligations of the Company
1.
As an intermediary that brokers the Sale of the Approved Seller, the Company only bears the responsibility to operate and manage a system to provide efficient services for mutual transactions between the Members, and does not guarantee and act for the Sponsor, Recipient, Purchaser or Approved Seller in connection with the Service. For a deal concluded between the Members and information provided and registered by the Approved Seller, the relevant Approved Seller shall bear all responsibilities.
2.
The Company shall not treat the Copyrighted Work and the Products of the Approved Seller and those of another Approved Seller differently without any specific reason.
3.
The Company may conduct promotional activities by using the Copyrighted Work and the Product.
4.
When it deems necessary, the Company may defer the Product or suspend the Sale for the time being; provided, that in this case such fact shall be notified to the Approved Seller.
5.
The Company shall complete the Settlement pursuant to Article 9 hereof.
6.
If there are taxes and public charges payable by the Company on behalf of the Approved Seller, the Company may deduct such amount from the Estimated Amount of Settlement.
7.
Matters on the Fee shall be posted through the Terms of Service or announcement of Pixelplus so that the Approved Seller may check at any time.
8.
If the Approved Seller requests the status of sale of the registered Product and supporting data of the Settlement, the Company shall transparently disclose detailed information.
9.
The Company shall faithfully respond to the request of the Approved Seller.
4. Rights and Obligations of the Approved Seller
1.
Pursuant to Article 4(1), all copyright liabilities arising in connection with the Product and the Copyrighted Work shall be on the Approved Seller.
2.
The Approved Seller may receive payment from the Company pursuant to Article 9 hereof.
3.
The Approved Seller shall consent that the Company provides the information provided to the Company other than his/her personal information to a third party for the purpose of advertising, promoting and publishing the Product and the Copyrighted Work.
4.
The Approved Seller shall faithfully respond to feedback and other requests a third party of the Company and actively correct any defect in the Copyrighted Work, if any.
5.
If the Approved Seller deems there is copyright infringement on his/her Copyrighted Work, he/she may inform the Company of such infringement and request a suspension of the Sale of the product in connection with the copyright infringement.
6.
When registering the Product, the Approved Seller may set the Product price the same as or lower than the price of other services or sellers which are selling the same Copyright Work Provided, except in cases where the Approved Seller and the Company have reached an agreement.
7.
Regardless of the Approved Seller’s circumstances or continuance of the Service, the Approved Seller shall guarantee, without fail, all rights of the Copyrighted Work that the Purchaser acquired with the Plan of the Product sold.
8.
Rights and obligations of the Approved Seller not stipulated herein shall be in accordance with the Terms of Service, announcement, and the contents displayed on the service screen of Pixelplus.
5. Separate Terms and Conditions
1.
The Company may apply separate terms and conditions or policies other than these Terms (hereinafter, the “Separate Terms and Conditions”) 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.
6. Settlement
1.
On the 25 of every month, the Company shall pay the Estimated Amount of Settlement generated to the end of the previous month.
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2.
The Company shall issue a tax invoice for the sum of the Settlement Fee of the previous month only limited for the Approved Seller no later than 10 of the current month.
th
3.
If the Approved Seller is overseas Member, the Estimated Amount of Settlement shall be paid on the 25 after the lapse of three (3) months from the month the Estimated Amount of Settlement is generated for mutual stability.
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4.
The Settlement shall be paid to the bank account initially submitted by the Approved Seller, in principle, which may be changed upon agreement of the Approved Seller and the Company.
5.
If 25 day of the month is a holiday, the payment shall be made on the nearest following business day.
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6.
In the happening of any specific circumstances in connection with the Settlement between the Company and the Approved Seller, the Company may carry forward the Settlement by discussing the above matters with the Approved Seller in writing.
7.
If the Estimated Amount of Settlement is outstanding due to carryforward of the Settlement for reasons such as specified in Paragraph 6, the Company shall include the outstanding balance in the calculation of the next Estimated Amount of Settlement.
7. Termination of the Approved Seller’s Right
1.
In any of the following cases, the Company may immediately terminate the rights of the Approved Seller in writing. However, the Company may give written notice to and have discussions with the Approved Seller on whether the Approved Seller has intention to keep his/her rights of the Approved Seller. If the Approved Seller fails to respond on whether to keep his/her rights of the Approved Seller within twenty (20) days of receipt of such notice, the Company may immediately terminate the Approved Seller’s rights, in which case, the Sale of all Products of the Approved Sellers shall be suspended by the Company:
•
When the Approved Seller withdraws from membership
•
When a significant reason that hinders the Approved Seller from fulfilling these Terms has occurred or is feared to occur
•
When the Approved Seller has applied for bankruptcy or commencement of rehabilitation procedures
•
When it is deemed that the contract cannot be kept due to deterioration in the Approved Seller’s financial conditions due to (provisional) attachment, seizure, injunction, forced execution, disposition on default of taxes, or any similar measures thereto
•
When the Approved Seller incomplete according to social norms to the extent that the contract cannot be kept
•
When the Approved seller has violated or failed to fulfill each provision of these Terms
•
When the Copyrighted Work by the Approved Seller has a legal or copyright issue
•
When complaint is raised due to defects in the Copyrighted Work by the Approved Seller for use by the Member
•
When the Approved Seller has falsely stated information on membership registration, contract, Copyrighted Work, Product, and other information necessary for the Company to operate the Product.
8. Compensation for Damages
The party shall compensate the other party for damages incurred due to violation of these Terms, and the liability for damages include but not limited to:
1.
Damages incurred by the other party within the normal scope
2.
Damages due to reduction in estimated revenue of the other party
3.
Intangible damages due to defamation and decline of business reliability
4.
Solatium
5.
Financial sanctions levied by national agencies such as penalty or fine
regardless of whether or not the other party has known or was able to know such damages caused.
9. Non-transfer
The rights and obligations arising in connection with these Terms shall not be transferred to a third party without prior consent of the other party; provided, however, that in case of transfer of copyright for the Copyrighted Work due to specific circumstances of the Approved Seller, the consent to these Terms shall also be deemed transferred.
10. Third Party Infringement
Upon detecting any third party’s infringement on related rights in connection with the Copyrighted Work, the Approved Seller and the Company shall immediately notify the other party of such infringement. In this case, the parties shall have a full consultation to take civil or criminal countermeasures.
11. Confidentiality and Protection of Personal Information
1.
Either party shall not disclose or leak to a third party business or technical secret of the other party obtained from these Terms, information of these Terms and accounts of the other party, etc. and shall not use those without prior permission of the other party.
2.
The parties shall collect and process the obtained personal information of the other party and its employees in accordance with laws related to the protection of personal information, and shall not provide the information to a third party without consent of a principal of the information.
3.
The personal information collected at the time of application for admission, will be immediately extinguished except for the information to be provided to the Purchaser and materials needed for the Settlement and tax report, etc. pursuant to Article 20 (Obligations and Liabilities of Mail Order Brokers) of the Act on the Consumer Protection in Electronic Commerce, Etc. The personal information not immediately extinguished shall be stored in compliance with the Privacy Policy of Pixelplus.
12. Dispute Resolution
1.
In relation to the transactions between the Purchaser and the Approved Seller 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 Product, non-infringement of the rights of others, and the truthfulness and legality of the Copyrighted Work. In addition, the responsibility for all disputes that may occur between the Purchaser and the Approved Seller such as where the Approved Seller has not correctly informed the information of the Product intentionally or by negligence shall be on the Purchaser or the Approved Seller, and the Company shall not assume any responsibility therefor.
2.
Any matters not stipulated herein or matters with conflicting interpretation shall be determined by mutual discussions between the Approved Seller and the Company. In case of failure to have discussions, the above shall be determined in accordance with related laws such as the Copyright Act.
3.
Litigation filed in connection with these Terms between both parties shall be resolved by the district court having jurisdiction over the place of the Company as the competent court of the first instance.
13. Amendment
1.
The Company may amend these TOS 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 amends these Terms, main contents of the amendment and effective date shall be specified to the Approved Seller and delivered electronically seven (7) days prior to the effective date. However, in case where details unfavorable to the Approved 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 Approved Seller’s consent to the amended terms. The Approved Seller may agree or reject the amendment, and the Company may regard the Approved Seller as having consented if the Approved Seller fails to express his/her consent within seven (7) days. However, if the Approved Seller does not agree with the amended terms and conditions, a procedure to terminate the rights of the Approved Seller may proceed.
