Plask Inc. Terms and Conditions of Use
(Implementation May [ ], 2021)
ARTICLE 1 (Purpose)
The purpose of these terms and conditions of use is to stipulate the rights, obligations and responsibilities of Plask Inc. (hereinafter referred to as ‘the Company’) and ‘Members’, as well as other necessary matters when using the internet-related services (hereinafter referred to as “Services”) provided by the service ‘SHOOT’ operated by ‘the Company’ by signing up with one integrated ID and password.
ARTICLE 2 (Definitions)
- ‘SHOOT’ refers to a virtual business place(SHOOT _ www.Plask.ai, hereinafter “Website”) operated by the company using information and communication facilities such as computers to provide information on goods or services to ‘Members’. It is also used in the sense of a businessperson operating a virtual business place.
- ‘Service’ refers to the performance of services related to “SHOOT’ that ‘Members’ can use and the services provided by ‘SHOOT’ regardless of the implemented terminal (including various wired and wireless devices such as PCs, TVs, portable terminals etc.)
- ‘Member’ refers to a person who has registered as a member by providing personal information to ‘SHOOT’ and is continuously provided with ‘SHOOT’ information, and who can continue to use the service provided by ‘SHOOT.’
- ‘The Company’ posts the contents of these terms and conditions of use, business name, business location, representative’s name and contact information (telephone, fax, e-mail address, etc.) on the initial screen page of the service to let ‘Users’ know, and once ‘Users’ who agree to these terms and conditions become ‘Members’ through registration process of ‘SHOOT,’ these terms and conditions come into effect
- ‘The Company’ may modify these terms and conditions of use to the extent that it does not violate the relevant laws such as 『Act on Consumer Protection in Electronic Commerce, etc.』 and 『Act on Promotion of Information and Communications Network Utilization and Information Protection』. -
- If ‘the Company’ modifies the Terms and Conditions of Use, the company shall announce both the previous and modified versions of the Terms and Conditions of Use, effective date and reasons for the modification for a period starting 7 days before the effective date and ending 1 day before the effective date on the initial screen page of all services of the company. However, in the case of significant changes to the Terms and Conditions of Use that may be disadvantageous, it will take effect 30 days after the initial notice.
- If the ‘Member’ does not agree to the modified Terms and Conditions of Use, he may stop using the service and terminate the use agreement. However, if a ‘Member’ does not expressly reject the modification, the ’Member’ shall be deemed to have accepted the modified Terms and Conditions of Use by ‘the Company.’
ARTICLE 4 Provision of and Change to Services
- ‘The Company’ shall provide the following services to ‘Shoot’
- Provision of ‘SHOTT’ animation production tool and animation service
- Development of artificial intelligence for ‘SHOOT’ service.
- ‘Shoot’ service and operation
- Development of 3D characters for ‘SHOOT’ users
- Other services determined by ‘the Company’
- ‘The Company’ may change the content of goods and services to be provided by future agreements in the event of out of stock of goods or services or changes in technical specifications. In this case, the contents of the changed goods or services and the date of provision shall be specified and notified where the contents of the current goods or services is posted 7 days prior to the date of provision.
- If the contents of the service agreed with the ‘Member’ to be provided by ‘the Company’ are changed due to reasons such as out of stock of goods or changes in technical specifications, the reason shall be immediately notified to the address where the ‘Member’ can be notified.
- In the case of the preceding Section, ‘the Company’ compensates the ‘Member’ for any damage caused by this. However, ‘the Company’ does not compensate if it proves that there is no intention or negligence.
- ‘The Company’ may separately set the service usage time for some of the services in Section 1, and in this case, the usage time is announced or notified to the ‘Member’ in advance.
ARTICLE 5 (Cessation of Service)
- ‘The Company’ may temporarily suspend the provision of services in any of the following clauses.
- If ‘the Company’ has announced or notified ‘Member’ in advance
- In case of maintenance, inspection, replacement, breakdown of information and communication facilities such as computers, or communication interruption, etc.
- In case that the service cannot be provided due to excessive use of the service by ‘Member’
- In case of urgent restoration of equipment or facilities
- If a key telecommunications business operator suspends telecommunications services.
- If the service cannot be provided due to other force majeure reasons such as wartime, incident, natural disaster, national emergency, etc.
- Other cases that ‘the Company’ cannot reasonably control, etc.
- ‘The Company’ may modify, suspend, or change some or all of the services provided free of charge for the needs of ‘the Company’ policy and operation, and in this regard, unless there is a special provision in the relevant laws, no separate compensation is given to the ‘Member.’
ARTICLE 6 (Membership Registration)
- The ‘User’ applies for membership by filling in member information according to the registration form set by ‘the Company’ and expressing his intention to agree to these Terms and Conditions of Use.
- ‘The Company’ registers as a member among ‘Users’ who have applied for membership as described in Section 1, unless they fall under any of the following clauses.
- If the applicant for membership has previously lost his membership in accordance with Article 7 Section 3 of this Terms and Conditions of Use. However, exceptions are made in cases where 3 years have passed since the loss of membership under Article 7 Section 3 and the approval of re-registration as a member is received.
- If there is false, omission or error in the registration, or if the registration was made with the information of another person.
- If it is judged that registering as a member would cause significant disruption to the technology of ‘the Company,’ the time of establishment of the membership agreement is when the approval of ‘the Company’ reaches the ‘Member.’
- If there is a change in the information registered at the time of membership registration, the ‘Member’ is obliged to immediately notify the change by e-mail or other means to ‘the Company’ by modifying member information
ARTICLE 7 (Membership Withdrawal and loss of Qualifications, etc.)
- ‘Member’ may request ‘the Company’ of membership withdrawal at any time, and ‘the Company’ shall immediately follow the procedure to withdraw the membership.
- If ‘Member’ falls under any of the reasons specified in the following clauses, ‘the Company’ may restrict or suspend membership.
- If registered false information or information of another person when applying for membership
- If the account of ‘Member’ was lent to another person.
- If the ‘Member’ does not pay the debt borne by the member in relation to the use of ‘the Company’ service.
- In case of threatening the order of e-commerce, such as interfering with other people’s use of the service or stealing the information.
- In case of violating the obligations under these Terms and Conditions of Use.
- In case of conducting an act prohibited by laws or public order and morals against ‘the Company.’
- If the reason is not corrected within 30 days after ‘the Company’ limits or suspends the membership, ‘the Company’ may lose the membership.
- If ‘the Company’ loses the membership, the membership registration is cancelled. In this case, the ‘Member’ is notified of this before the registration is cancelled to provide an opportunity to explain against the cancellation.
ARTICLE 8 (Notice to Member)
- If ‘the Company’ gives notice to ‘Member,’ such notice may be provided through the e-mail address designated by ‘Member’ through an agreement with ‘the Company’ in advance.
- If ‘the Company’ needs to notify a group of unspecified ‘Members,’ such notice may be provided through a posting on the bulletin board of ‘the Company’ for more than 7 days. However, individual notices are given for matters that have a significant impact on transaction of ‘Member.’
ARTICLE 9 (Establishment of the Service Use Agreement)
- ‘Member’ applies for use of Service to ‘the Company’ by choosing a plan through ‘Website’ and making the payment.
- ‘The Company’ may reject the acceptance of application for Service or terminate the Service use agreement in the cases specified in the following clauses.
- If there is false, omission, or error in the application details
- If it is judged that accepting the application for use of other services would cause significant disruption to the technology of ‘the Company’
- The agreement is deemed to have been established when the approval of ‘the company’ reaches the ‘Member’ in the form of a receipt confirmation notice in Article 11 Section 1.
- The expression of consent of ‘the Company’ shall include confirmation and availability of the ‘Member’’s application for service use, information on cancellation of service use application correction, etc.
ARTICLE 10 (Payment Method)
The payment method for the services purchased from ‘the Company’ can be made by any of the following methods available. 1. Various account transfers such as phone banking, internet banking and mail banking 2. Various card payments such as prepaid cards, debit cards, and credit cards 3. Online deposit without bankbook 4. Payment by electronic money 5. Payment by points paid by ‘the Company’ such as mileage, etc. 6. Payment by other electronic payment methods, etc.
ARTICLE 11 (Change and Cancellation of Receipt Confirmation Notification Purchase Application)
- ‘The Company’ notifies the ‘Member’ of completion of payment or purchase, or notifies the ‘Member’ of receipt confirmation when there is a ‘Member’’s application for use of the service.
- If the ‘Member’ who has received the receipt confirmation notice has a discrepancy in the expression of intention, the user can request to change or cancel the purchase application immediately after receiving the receipt confirmation notice. ‘The Company’ shall process changes and cancellations according to the request without delay in the event of a ‘Member’’s request. However, if the payment has already been made, the provisions regarding withdrawal of subscription, etc. in Article 15 shall apply.
ARTICLE 12 (Provision of Services, etc.)
- To use the service, ‘Member’ must follow the procedures posted by ‘the Company’ in the notice or in the service user guide, and the contents of the service and the limitation of liability also follow the information posted on the notice and the service user guide.
- The service usage fee follows the notice posted by ‘the Company’ or presented in the service user guide. The services provided by ‘the Company’ are free of charge unless the usage fee is separately posted or presented.
- If the service that ‘Member’ has requested to purchase cannot be provided for any reason, ‘the Company’ shall notify the ‘Member’ of the reason without delay, and if the payment for the service has been paid in advance, the agreement cancellation and refund procedures shall be taken within 3 days from the date that reason occurred.
- If the ‘Member’ who uses the paid service provided by ‘the Company’ is suspended due to inappropriate use set by ‘the Company,’ no refund will be given.
ARTICLE 13 (Refunds)
If ‘the Company’ cannot provide the service that ‘Member’ requested to purchase for technical or non-technical reasons, etc. ‘the Company’ must notify the user of the reason without delay and if the payment for the service has been paid in advance, refund or necessary procedures for refund shall be taken within 3 business days from the day the payment was received.
ARTICLE 14 (Withdrawal of Subscription)
- ‘Member’ who has entered into an agreement with ‘the Company’ for purchases, such as service use, can withdraw the subscription within specific period as pursuant to relevant laws. However, service provided by ‘the Company’ includes services whose use cannot be withdrawn as pursuant to relevant laws including Act on the Consumer Protection in the Electronic Commerce Transactions. In this case, ‘the Company’ shall proceed with required actions as pursuant to relevant laws.
- For services that ‘the Company’ has restricted subscription withdrawal in advance, the ‘Member’’s subscription withdrawal, etc. is restricted if it is specified in a place where ‘Member’ can easily find as pursuant to Act on the Consumer Protection in the Electronic Commerce Transactions.
- Despite the provisions of Section 1 and 2, when the contents of the service, etc. are different from the contents of the display or advertisement or performed differently with the contents of the agreement, the ‘Member’ may withdraw the subscription within 3 months from the date of receiving the service, etc., or within 30 days from the day he knew or could have known that fact.
ARTICLE 15 (Effect of Withdrawal of subscription, etc.)
- If the ‘Member’ paid for goods, etc. by payment methods such as credit card or electronic money, in refunding the usage fee paid by the ‘Member’, ‘the Company’ shall request the business that provided the payment method to suspend or cancel the charge for goods, etc. without delay.
- In case of withdrawal of subscription, etc., if there is any expenses necessary for the return of supplied goods, the ‘Member’ shall bear it.
- ‘The Company’ shall not claim a penalty or compensation for damages from the ‘Member’ due to withdrawal of subscription, etc. If the subscription is withdrawn because the contents of the goods, etc. are different from the contents of the display or advertisement, or performed differently with the contents of the agreement, in case there are any expenses necessary for the return of goods, etc., it shall be borne by ‘the Company.’
ARTICLE 16 (Obligation of the Company)
- ‘The Company’ does not engage in acts prohibited by laws and these Terms and Conditions of Use or against the public order and morals, and must make its every effort to provide goods and services continuously and stably as stipulated in these Terms and Conditions of Use.
- ‘The Company’ must have a security system to protect ‘Member’’s personal information (including credit information) so that ‘Member’ can safely use internet service.
ARTICLE 17 (Member’s Obligations regarding ID and Password)
- ‘Member’ shall be responsible for the management of his ID and Password, except in the case stipulated in ARTICLE 14.
- ‘Member’ shall not allow a third party to the User’s ID and Password.
- If ‘Member’ learns that member’s ID and Password has been stolen or used by a third party, member must immediately notify ‘the Company’ and follow ‘the Company’ instructions if there is any.
ARTICLE 18 (Obligations of User and Member)
- ‘Users’ and ‘Members’ shall not engage in any of the following acts.
- Entering false information during the application for membership or changing membership information
- Stealing other people’s information
- Lending the account of ‘Member’
- Changing the information within postings by ‘the Company’
- Transmitting or posting of information (computer programs, etc.) other than the information specified by ‘the Company’
- Infringing on intellectual property rights such as copyrights of ‘the Company’ or other third parties
- Damaging the reputation of ‘the Company’ or other third parties or interfering with their business
- Disclosing or posting obscene or violent messages, images, voices, or other information that is against the public order and morals
- Other acts that are recognized as illegal
- ‘Member’ must comply with the relevant law, the provisions of these Terms and Conditions of Use, the user guide and the notice announced in relation to the ‘Service,’ and the notices of ‘the Company,’ and must not engage in any activity that interferes with the business of ‘the Company’
ARTICLE 19 (Attribution of Copyright and Restrictions on Use)
- Copyrights and other intellectual property rights for works created by ‘Member’ through using the Service belong to the ‘Member.’
- The ‘Member’ shall not use the information obtained by using Service to which intellectual property rights belong to ‘the Company’ for commercial purposes by copying, transmitting, publishing, distributing, broadcasting or other methods without prior written consent of ‘the Company’ or allowing a third party to use it.
- ‘The Company’ must notify the ‘Member’ and obtain consent from the ‘Member’ when using the results of use of Service whose copyright belonging to the ‘Member.’
ARTICLE 20 (Dispute Settlement)
- ‘The Company’ installs and operates a damage compensation processing organization to reflect the legitimate opinions or complaints raised by ‘Member’ and to compensate for the damage.
- ‘The Company’ handles complaints and opinions submitted by ‘Member’ preferentially. However, if prompt processing is difficult, the reason and processing schedule will be immediately notified to the ‘Member.’
- If there is a ‘Member’’s request for damage relief in relation to an e-commerce dispute between ‘the Company’ and the ‘Member’, the mediation by the Fair Trade Commission or a dispute mediation agency commissioned by the Mayor/Do Governor may be followed.
ARTICLE 21 (Jurisdiction and Governing Law)
- Lawsuits arising out of disputes between ‘the Company’ and ‘Member’ depend on the address of the ‘Member’ at the time of filing, and if there is no address, the district court having jurisdiction over the place of residence shall have the exclusive jurisdiction. However, if the ‘Member’’s address or residence is not clear at the time of filing or in the case of a ‘Member’ who has an address or residence abroad, the competent court shall be determined according to the Civil Procedure Act.
- The laws of the Republic of Korea apply to e-commerce lawsuits filed between ‘the Company’ and ‘Member.’
A. These Terms and Conditions of Use are effective from May 00, 2021.