Article 1 (Purpose)
The purpose of these SERVICE TERMS & CONDITIONS is to specify MEMBER’s basic rights and responsibilities as well as to specify THIS COMPANY’s important matters within the scope of not violating the current legislations related to the service(hereinafter referred to as “SERVICE”) to be provided by JM Company Co. (hereinafter referred to as “SUPERVISOR”) at “Smart farm Korea 2021“.
Article 2 (Glossary)
(1) ‘USER’ refers to all the members and non-members who receive “SERVICE” provided by “SUPERVISOR” in accordance with these SERVICE TERMS & CONDITIONS.
(2) ‘MEMBER’ refers to those registered in advance. It refers to those who have continuous access to not only the information provided by “SUPERVISOR” and on the website, but also “SERVICE” provided by “SUPERVISOR” and on the website.
(3) “NONMEMBER” refers to those who use “SERVICE” provided by “SUPERVISOR” without signing up for membership.
(4) “EMAIL ADDRESS(ID)” refers to the email address registered by “MEMBER” during the advanced registration process for member identification and service utilization.
(5) ‘PASSWORD’ refers to a combination of characters and numbers selected by “MEMBER” for information protection and safe service utilization.
(6) ‘ADMINISTRATOR’ refers to a person selected by “SUPERVISOR” for overall service management and active operation.
Article 3 (Effectiveness, Application and Revision of Service Terms & Conditions)
(1) To allow “MEMBER” to conveniently read these SERVICE TERMS & CONDITIONS, “SUPERVISOR” shall post these SERVICE TERMS & CONDITIONS on the website page displaying not only the membership procedure, but also “SERVICE”.
(2) These SERVICE TERMS AND CONDITIONS shall come into effect from the moment they are publicly announced to “USER”. These SERVICE TERMS AND CONDITIONS shall apply to “USER” who signs up for membership by consenting to these SERVICE TERMS AND CONDITIONS from the moment one consents to these SERVICE TERMS AND CONDITIONS. In the case where these SERVICE TERMS AND CONDITIONS are revised, the revised SERVICE TERMS AND CONDITIONS shall apply to “MEMBER” from the moment the revised SERVICE TERMS AND CONDITIONS come into effect.
(3) “SUPERVISOR” shall be authorized to revise these SERVICE TERMS AND CONDITIONS within the scope of: 1)not violating the related legislations such as the Act on the Regulation of Terms and Conditions, and the Act on Promotion of Information and Communication Network Utilization and Information Protection, and 2)not unjustly infringing “MEMBER”s just rights.
(4) In the case where these SERVICE TERMS AND CONDITIONS are revised, “SUPERVISOR” shall immediately specify and announce within “SERVICE” the date of application as well as the main reason for revision.
(5) In the case where “MEMBER” does not consent to the revised SERVICE TERMS AND CONDITIONS, “MEMBER” shall be authorized to stop utilizing “SERVICE” and cancel the utilization agreement.
Article 4 (Regulation on Matters Unspecified in These Service Terms & Conditions)
Any matters unspecified in this SERVICE TERMS AND CONDITIONS shall be in accordance with the related legislations, the individual service utilization terms and conditions, and the specific utilization guidelines and rules set by “SUPERVISOR”.
Article 5 (Conclusion of Utilization Agreement)
“Member” shall submit its utilization application by specifying the information required by “SUPERVISOR” in the form provided by “SUPERVISOR”. Once the submitted utilization application is approved by “SUPERVISOR”, “MEMBER” shall be authorized to have access to “SERVICE” provided by THIS COMPANY.
Article 6 (Matters to Be Specified in Utilization Application)
(1) In order to register as “MEMBER” to utilize “SERVICE”, the information(name, address, contact information, etc.) requested by “SUPERVISOR” shall be specified in the utilization application to be submitted for individual membership.
(2) “EMAIL ADDRESS(ID)” of any “MEMBER” who submitted one’s utilization application by using other person’s name and personal information without permission may be deleted. In this case, adequate actions may be taken in accordance with the related legislations.
Article 7 (Approval on Utilization Application, Etc.)
(1) In the case where “MEMBER” provides one’s consent to these SERVICE TERMS AND CONDITIONS by specifying all the matters specified in Article 6, SUPERVISOR“ shall approve ”MEMBER“ to have access to ”SERVICE“.
(2) In the case where “MEMBER” falls under any of the following items, “SUPERVISOR” shall be authorized to either withdraw its approval or refuse to provide its approval.
① In the case where the matters specified in Article 6 or any other registered matters are found to be false, omitted, stolen, and mis-entered
② In the case where the person applying for membership is found to have experienced a forfeiture of membership in the past(however, any membership forfeited for more than 3 years and then re-approved by “SUPERVISOR” shall be considered an exception.)
③ In the case where “SUPERVISOR” determines that “MEMBER”’s registration will cause significant technical inconvenience to “SUPERVISOR”
Article 8 (Commencement of Service Utilization)
(1) “SUPERVISOR” shall commence “SERVICE” from the moment “MEMBER”’s utilization application is approved. However, certain “SERVICE“ may be commenced from the date designated by “SUPERVISOR”.
(2) In the case where “SUPERVISOR” is unable to commence “SERVICE” due to work-related or technical difficulties, such circumstance shall be announced on the website or “MEMBER” shall be informed of such circumstance to minimize “MEMBER”’s inconveniences.
Article 9 (Service Available Hours)
(1) In principle, “SERVICE” shall be available 24 hours a day throughout the year. However, “SERVICE” may be temporarily unavailable during the period set by “SUPERVISOR” due to the following reasons: system inspection, system extension, system replacement, system failure, etc.. In this case, “SUPERVISOR” shall announce the reason before or after the event.
(2) “SUPERVISOR” shall be authorized to divide “SERVICE” into certain sections and set available hours for each section. In this case, the related information shall be announced.
Article 10 (Modification and Suspension of Service)
(1) “SUPERVISOR” shall be authorized to modify and provide “SERVICE” as long as “MEMBER” in informed of the modified service details and of the date of provision.
(2) In the case the circumstance falls under any of the following items, “SUPERVISOR” shall be authorized to limit or suspend, in part or in entirety, “SERVICE”.
① In the case where it is inevitable due to constructions such as service facility extension and maintenance
② In the case where it is inevitable to suspend “SERVICE” due to circumstances “SUPERVISOR” is unable to control
③ In the case where it is difficult to provide normal “SERVICE” due to intense service utilization traffic
④ In the case where “SUPERVISOR” determines that it would be adequate to replace the old “SERVICE” with a new “SERVICE”
⑤ In the case where there are uncontrollable reasons such as blackout, natural disaster and national emergency
(3) “SUPERVISOR” shall be authorized to limit the provision of certain “SERVICE” to the following “MEMBER”: non-real name-based “MEMBER”, “MEMBER” aged under 14, “MEMBER” protected by the Juvenile Protection Act, “MEMBER” aged under 20, “MEMBER” with a foreign nationality, and corporate “MEMBER”.
(4) In the case where “SERVICE” is suspended due to the reason specified in Clause 2 of Article 10, the circumstance shall be announced to “MEMBER” in advance. However, in the case where it is possible to make such announcement in advance due to any service suspension(any system errors not intentionally or negligently caused by “ADMINISTRATOR”) caused due to reasons “SUPERVISOR” is unable to control, such case shall be considered an exception.
Article 11 (Information Provision and Announcement to Member)
(1) In the case where it is acknowledged that certain information and advertisements are required to be provided to “MEMBER” while “SERVICE” utilized by “MEMBER”, “SUPERVISOR” shall be authorized to provide “MEMBER” with such information and advertisements by mail, email and wire/wireless medium. As far as any information on particular items is concerned, such information may be provided to “MEMBER” in a form of paid information through a separate application process.
(2) “MEMBER” shall be authorized to utilize any advertisements posed on “SERVICE” as well as to participate in “ADVERTISER”’s promotion activities in accordance with the advertisement agreement signed between “SUPERVISOR” and “ADVERTISER”. In the case where any dispute is caused between “MEMBER” and “ADVERTISER”, “SUPERVISOR” shall make efforts to conduct the activities specified in each of the following items.
① To protect “MEMBER”’s rights and interests as well as to prevent causing damages to “MEMBER”, “SUPERVISOR” shall provide “MEMBER” who participated in “ADVERTISER”’s promotion activities with the related information required for confirming whether or not “MEMBER” won a prize.
② In the case where it is objectively certified through the press that “ADVERTISER” intentionally caused damages to “MEMBER”, “ADVERTISER” shall take the following actions: “SUPERVISOR” shall request “ADVERTISER” to suspend its advertisements currently posted on “SERVICE”, and “SUPERVISOR” shall avoid signing the same advertisement agreement with the involved “ADVERTISER”.
(3) In the case where it is necessary to make an announcement to “MEMBER”, “SUPERVISOR” may select from the following methods: sending an email to “MEMBER” through the email address registered by “MEMBER”, making a phone call to “MEMBER” through the phone number registered by “MEMBER”, and using the communication method provided by “SUPERVISOR” within “SERVICE”. However, in the case where it is necessary to make an announcement to “MEMBER” who is unable to receive a send-to-all email or where it is necessary to make an announcement to many and unspecified “MEMBERS”, the announcement shall be posed on the service board, and such announcement posted on the service board may be substituted for individual announcements.
(4) In the case where “MEMBER” specifies false personal information or fails to fulfill one’s personal information update obligations, “MEMBER” may not be able to receive important announcements made by “SUPERVISOR”.
Article 12 (Update and Management of Member’s Information Registered in Advanced)
(1) “MEMBER” shall be responsible for any “SERVICE”-related losses and damages experienced by “MEMBER” due to careless management of one’s information and password registered in advance or due to any unauthorized transfer/borrowing.
(2) In the case where “MEMBER” finds out that one’s personal information and password registered in advance are stolen or used by a third party, “MEMBER” shall immediately report this to the customer center and follow the instructions given by “SUPERVISOR” to protect “MEMBER”’s information, rights and interests.
(3) In the case where it is necessary to provide “SERVICE” to “MEMBER” due to overlapping personal information registered in advance, “SUPERVISOR” shall be authorized to set a certain period and request “MEMBER” to change the personal information registered in advanced in a way that it does not overlap with that registered by another “MEMBER”. In addition, in the case where the website is integrated or where “SUPERVISOR”’s important policy is revised, “MEMBER”’s personal information registered in advance may be changed(batch processing) in a way that its essential properties are not changed. In this case, “SUPERVISOR” shall inform the involved “MEMBER” of such change.
Article 13 (Member’s Post)
(1) “POST” refers to any writings, pictures, images, files, links and comments posted on “SERVICE” provided by “SUPERVISOR”.
(2) “MEMBER” shall be responsible for any losses and problems experienced by “MEMBER” due to one’s “POST” posted on “SERVICE”. “MEMBER” shall pay attention to violate no related legislations in the process of preparing “POST”.
(3) “MEMBER” shall not be authorized to post or deliver “POSTS” falling under any of the following items. In the case where any “POST” posted on “SERVICE” is determined to fall under any of the following items, “SUPERVISOR” shall be authorized to delete/move the involved “POST” or refuse to register the involved “POST”. In addition, “SUPERVISOR” shall be authorized to establish and implement a separate utilization guideline specific to “POST”, and “MEMBER” shall be responsible to register or delete “POST” in accordance with that guideline.
① In the case where “POST” contains any information that criticizes or damages the reputation of “SUPERVISOR”, another “MEMBER” or a third party
② In the case where “POST” contains any information that violates the public order and good morals
③ In the case where “POST” is acknowledged to be related to any criminal act
④ In the case where “POST” contains any information that infringes “SUPERVISOR”’s copyrights and other rights or a third party’s copyrights and other rights
⑤ In the case where “POST” causes any political/religious disputes by violating the legislation or by infringing others’ rights
⑥ In the case where “POST” contains any unnecessary or unauthorized advertisements and promotional materials
⑦ In the case where “POST” is prepared by stealing others’ personal information or contains any forged/falsified information created through using others’ information without permission
⑧ In the case where the posting methods such as repeated posting method and excessive posting method run against the purpose of “POST”
⑨ In the case where “POST” is determined to violate the related legislations and the guidelines set by “SUPERVISOR”
Article 14 (Post-related Copyright, Etc.)
(1) The copyright on “POST” posted by “USER” on “SERVICE” shall be protected by the Copyright Law. The copyright and intellectual property right on the literary properties prepared by “SUPERVISOR” shall belong to “SUPERVISOR”.
(2) “USER” shall permit “SUPERVISOR” to use “POST” posted by “USER” in Korea and in overseas countries as long as the purpose falls under any of the following items.
① In the case where “SUPERVISOR” modifies “POST” posted by “USER” on “SERVICE” in a way that its size is changed or simplified with the purpose to reproduce, deliver, exhibit, distribute, and display excellent “POST” to the “SERVICE” screen
② In the case where “SUPERVISOR” allows any media and press agency to cover and broadcast any information included in “POST” posted by “USER” with the purpose to advertise “SERVICE” provided by “SUPERVISOR”. In this case, “SUPERVISOR” shall not be authorized to provide any media and press agency with “USER”’s personal information without “USER”’s individual consent.
(3) Notwithstanding the previous clause, in the case where “SUPERVISOR” wishes to use “POST” for any commercial purposes(ex: in the case where “POST is provided to a third party and certain financial compensation is made in return) other than those specified in any of the items of the previous clause, ”SUPERVISOR“ shall receive the involved ”USER“’s consent. ”SUPERVISOR“ shall make a request for using ”POST“ posted by ”USER“ and ”USER“ shall provide one’s consent or withdraw one’s provided consent in accordance with the methods, such as phone call, email and fax, requested by ”SUPERVISOR“. In this case, ”SUPERVISOR“ shall specify the source of ”POST“ and shall separately compensate the involved ”USER“ who consented to the use of ”POST“.
(4) In the case where “USER” cancels one’s membership or forfeits one’s membership in accordance to Clause 2 of Article 27, “POST” recorded on one’s user account shall be deleted. However, any “POST” required by other “USERS” to utilize “SERVICE” properly, such as “POST” scrapped, delivered, liked and re-posted by a third party, shall not be deleted.
(5) In the case where “SUPERVISOR” is required to merge companies, transfer its business and integrate the websites run by “SUPERVISOR”, “SUPERVISOR” shall be authorize to move “POST” from one location to another location as long as the information included in “POST” is not changed.
Article 15 (Utilization of Board Service)
Through the board service, “MEMBER” may disclose one’s name, gender and year of birth to other “USERS”. “MEMBER” may choose to provide one’s additional personal information as well.
Article 16 (Supervisor“s Obligations)
(1) “SUPERVISOR” shall not take any actions that either are prohibited by the legislation and by these SERVICE TERMS & CONDITIONS or run against the public order and good morals. “SUPERVISOR” shall use the best endeavors to continuously and stably provide “SERVICE” in accordance with these SERVICE TERMS & CONDITIONS.
(2) To provide stable “SERVICE”, “SUPERVISOR” shall immediately restore and repair any facility-related troubles and damages unless there are inevitable reasons.
(3) To protect “MEMBER”’s personal information as well as to provide safe “SERVICE” to “MEMBER”, “SUPERVISOR” shall construct its own security system and shall announce and comply with its privacy policy.
(4) “SUPERVISOR” shall not disclose “MEMBER”’s personal information to the outside and shall not distribute or provide “MEMBER”’s personal information to a third party. However, in the case where any request or investigation is made by any government agency through the legal procedures or where it is determined that it would be necessary to disclose, distribute and provide “MEMBER”S personal information for other public interests, such case shall be considered an exception.
“MEMBER”’s personal information protection shall be in accordance with the related legislations and the “Privacy Policy” set by “SUPERVISOR”.
(5) “SUPERVISOR” shall install and operate its own customer center to apply any reasonable opinions and complaints made by “USER” in relation to this “SERVICE” as well as to compensate “USER” for damages. “SUPERVISOR” shall preferentially process any complaints and opinions submitted by “USER”. However, in the case where it is impossible to process such complaints and opinions promptly, “SUPERVISOR” shall immediately inform “USER” of the reason and processing schedule.
Article 17 (Member’s Obligations in Relation to Overall Service)
(1) Unless “SUPERVISOR”’s explicit consent is given, “MEMBER”’s access authority shall be limited solely to “MEMBER”. “MEMBER” shall not be authorized to transfer, provide, and set as security one’s access authority.
(2) In the process of utilizing this “SERVICE”, “MEMBER” shall not be authorized to take an action falling under any of the following items.
① In the process of applying for access or changing one’s personal information, “MEMBER” shall not be authorized to specify false information or use others’ personal information.
② “MEMBER” shall not be authorized to commercially use any information acquired in the process of utilizing this “SERVICE” and shall not be authorized to expose such information to a third party through publication and broadcasting without “SUPERVISOR”’s permission. However, in the case such exposure is required for promoting the public interest or promoting “MEMBER”’s benefits, “MEMBER” shall make a request to “SUPERVISOR” for its cooperation and prior consent.
③ “MEMBER” shall not be authorized to take any actions that infringe any third party’s rights and copyrights.
④ Unless officially acknowledged by “SUPERVISOR”, “MEMBER” shall not be authorized to utilize “SERVICE” to conduct any commercial actions such as sales activities for selling products and services. In particular, “MEMBER” shall not be authorized to make profits through hacking and advertisements, take commercial actions through pornographic sites, or illegally distribute commercial software through hacking and advertisements.
⑤ “MEMBER” shall not be authorized to interrupt “SUPERVISOR”’s website operation, disturb other “USER”’s service utilization, or impersonate “SUPERVISOR”’s management personnel and employees.
⑥ “MEMBER” shall not be authorized to disclose to a third party any information, characters and images that run against the public order and good morals.
⑦ “MEMBER” shall not be authorized to provide a third party with its contents and receive any financial compensation in return, and shall not be authorized to convert its contents into cash.
(3) “MEMBER” shall manage one’s personal information required for utilizing this “SERVICE”. In the case any change is made to the registered information specified in Clause 1 of Article 6, “MEMBER” shall immediately inform “SUPERVISOR” of the change made through the personal information update page within “SERVICE” provided by “SUPERVISOR”.
Article 18 (Agreement Cancellation and Utilization Restriction)
(1) “MEMBER” may make a request to cancel one’s membership at all times through the membership cancellation function within “SERVICE” provided by “SUPERVISOR”. Unless there is an inevitable circumstance falling under any of the items of Clause 2 of Article 10, “SUPERVISOR” shall immediately process the requested membership cancellation.
(2) In the case where “MEMBER” takes any actions that either are prohibited by these SERVICE TERMS & CONDITIONS or run against the public order and good morals, “SUPERVISOR” shall be authorized to either restrict the involved “MEMBER”’s service access authority or order the involved “MEMBER” to forfeit one’s access authority after making a prior announcement to the involved “MEMBER”. However, in order for “SUPERVISOR” to order “MEMBER” to forfeit one’s access authority, “SUPERVISOR” shall make a prior announcement to the involved “MEMBER” and shall give the involved “MEMBER” an opportunity to take corrective actions and explain the circumstance.
Article 19 (Compensation for Damages)
(1) In the case where “MEMBER” experiences damages due to “SUPERVISOR”’s intentional or critical negligence, “SUPERVISOR” shall be responsible for compensate “MEMBER” for the caused damages.
(2) In the case where “SUPERVISOR” experiences damages, or where “SUPERVISOR” is required to compensate a third party for damages, or where a third party raises various objections against “SUPERVISOR” due to any illegal actions taken by “MEMBER” in the process of utilizing “SERVICE” or due to any actions taken by “MEMBER” that violate these SERVICE TERMS & CONDITIONS, the involved “MEMBER” shall be responsible to compensate “SUPERVISOR” for any experienced damages.
Article 20 (Exemption from Liability)
(1) In the case where it is impossible to provide “SERVICE” due to uncontrollable reasons such as natural disaster, “SUPERVISOR” shall be exempted from its responsibilities related to providing “SERVICE”.
(2) “SUPERVISOR” shall not be responsible for any service utilization-related errors caused due to reasons attributable to “MEMBER”.
(3) “SUPERVISOR” shall be exempted from its responsibilities related to the following cases: in the case where “MEMBER” fails to meet the profit expected from “SERVICE” provided by “SUPERVISOR”, and in the case where “MEMBER” experiences damages due to one’s selection and utilization of the service data.
(4) “SUPERVISOR” shall not be responsible for the reliability and accuracy of the information/data/facts stored, posted and delivered on the website by “MEMBER”.
Article 21 (Jurisdiction and Applicable Law)
(1) In the case where any disputes are caused between “MEMBER” and “SUPERVISOR” in the process of utilizing “SERVICE”, the court having jurisdiction over “SUPERVISOR“’s HQ shall be designated as the competent court.
(2) Korean laws shall be applied to any disputes caused between “SUPERVISOR” and “USER”.
■ Supplementary Provision
Article 1 (Date of Enforcement) These SERVICE TERMS & CONDITIONS shall be enforced from 1st June 2014.
