CALIVERSE Terms and Conditions

Chapter 1. General Provisions

Article 1. Purpose

1. The purpose of this Terms and Conditions is to regulate necessary matters including the rights and obligations of members and CALIVERSE (hereinafter the “Company”) regarding the use of software and accompanying online services (website, network, etc.) for utilizing various digital contents provided by the Company.

2. We recommend you to read and be aware of the provisions of this Terms and Conditions and our guidance of Service policies for proper usage, as they may be applied to the usage of the service provided by the Company.

Article 2. Definition

1. The definitions of the terms used in this Terms and Conditions are as follows:

(a) “CALIVERSE” refers to the realistic digital online method of realistic community platform enabling a distributed multiple access which is created and provided by the Company.

(b) “CALIVERSE services” refer to all CALIVERSE-related services provided by the Company.

(d) “Member(s)” refers to the person who is eligible to use various CALIVERSE services after concluding a service contract with the Company in accordance with this Terms and Conditions.

(e) “Non-member(s)” refers to the user who is not a member.

(f) “Consumer” refers to the person as defined in Article 2.5 of Act on the Consumer Protection in Electronic Commerce.

(g) “Digital contents” refer to all free and/or paid digital information created in the digital form for providing CALIVERSE services, such as service configuration data and codes including but not limited to metaverse and network services, client, virtual goods, item, avatar and name, logo, image, text, illustration, design, icon, picture, video clip, sound and audio.

(h) “Online service” refers to the services that the Company provides to users in CALIVERSE. Digital contents and online services are collectively referred to as “Digital Contents, etc.”

(i) “ID” refers to the identifier selected by a Member and approved by the Company for identifying the Member and using services.

(j) “Password” refers to a combination of letters, numbers, and special letters created and registered by a Member for verifying identity and protecting rights and secrets.

(k) “Points” refer to goods that members can acquire or purchase through activities within CALIVERSE and can be used to use digital content or participate in events in CALIVERSE.

(l) “Recurring Transactions” refer to transactions made under a contract for providing Digital Contents, etc. on a recurring or an irregular basis during not less than one (1) month with an agreement that places restrictions on the refund of the consideration or that requires the payment of a penalty if the contract is terminated prematurely.

2. Except for those defined in Article 2.1, the definitions of terms used in this Terms and Conditions shall be as stipulated in the relevant laws and regulations and service-specific policies, and those not stipulated shall be subject to common commercial practices.

Article 3. Modification of Terms and Conditions

1. The Company may modify this Terms and Conditions to the extent the modification does not violate relevant laws and regulations such as Virtual Convergence Industry Promotion act, Telecommunications Business act, Content Industry Promotion Act, Act on the Consumer Protection in Electronic Commerce, and Act on the Regulation of Terms and Conditions.

2. In the event of the modification pursuant to Article 3.1, the Company shall announce the modified Terms and Conditions (including a comparative table of existing and modified Terms and Conditions), the reason and the effective date of the modification for a reasonable period before the effective date or for the period set forth as follows, provided, however, that the Company may provide a link to the modified Terms and Conditions if there are reasonable causes:

(a) if the foregoing modification is material or unavoidably operates to a Member’s disadvantage, the Company shall announce from thirty (30) days prior to the effective date until the effective date; or

(b) if not falling under Article 3.2.(a), the Company shall announce from seven (7) days prior to the effective date until the effective date.

3. In the event of the modification pursuant to Article 3. 1, the Company shall announce the modified Terms and Conditions and important changes with specified effective date and reason of modification. However, in case of Article 3.2.(a), this will be sent as a notification to the members’ E-mail address.

4. The modified Terms and Conditions will be effective to the members who gave consent pursuant to Article 3.3, provided, however, that the modification will also apply to the Members who did not express refusal within the period set in the notification specifying that “Unless you explicitly refuse to accept the application of modified Terms and Conditions within a set period, the Company will presume your consent thereto.”

5. The Company applies the existing Terms and Conditions to the Members who did not agree to the application of the modified Terms and Conditions, provided, however, that this shall not apply if there is a reasonable or unavoidable reason for not applying the existing Terms and Conditions.

6. In cases of the proviso to Article 3.5, the Member may terminate CALIVERSE service contract or service contracts for individual Digital Contents, etc.

Article 4. Precedence of Individual Agreement

1. If there are other detailed agreements between the Company and Members such as Operation Policy and Purchase Agreement, other than this Terms and Conditions, such agreements shall prevail.

2. If the detailed agreements under Article 4.1 are void because they violate mandatory provisions of relevant laws and regulations such as Virtual Convergence Industry Promotion Act, Content Industry Promotion Act, Act on the Consumer Protection in Electronic Commerce, and Act on the Regulation of Terms and Conditions, this Terms and Conditions shall apply.

Article 5. Principle of Trust and Good Faith

The Company and Members shall exercise the rights and obligations under CALIVERSE service contract and service contract for related content in accordance with the principle of trust and good faith.

Chapter 2. CALIVERSE Service Contract and Personal Information Protection

Section 1. CALIVERSE Service Contract

Article 6. Formation of Service Contract, etc.

1. Service contract is concluded when a person who wishes to be a Member agrees to this Terms and Conditions and applies for registration by following the Company’s registration method, and the Company accepts the application.

2. The Company may withhold or refuse its approval on the application if an applicant applied for registration by providing false personal information or other person’s information, or if a youth under the age of 19 applied for registration to use CALIVERSE services not allowed for youths.

3. If the applicant signs up for CALIVERSE in association with other SNS, such as simple log-in method, the applicant shall keep the association valid by complying with the SNS terms and conditions. In the event that the applicant is unable to use the SNS account due to service withdrawal or suspension, etc., CALIVERSE service contract may not remain effective.

Article 7. Obligation to Manage ID and Password

1. Member shall personally manage his/her ID and password with the duty of care of a good managers and shall not permit a third party to use the ID and password unless agreed otherwise by the Company.

2. In the event that the Member violates the body of Article 7.1, the Company shall not be liable for the damages that occurred to the Member unless said damage was intentional or accidental.

3. If a Member becomes aware that his/her ID and password have been stolen or used by a third party, the Member shall immediately notify the Company of the fact and follow the instructions from the Company.

4. In the event of Article 7.3, the Company shall not be liable for the damages to the Member which were caused by the Member’s failure to notify of the fact or follow the instructions from the Company after the notification unless said damage was intentional or accidental.

5. Members shall change their password periodically to prevent identity theft and the Company may recommend a change of password to Members.

Article 8. Notification to the Members

1. For notification for an individual Member, the Company shall send the notification to the e-mail address registered by the Member.

2. For notification for all Members, the Company shall post the notification in the CALIVERSE bulletin board for no less than seven (7) days so that Members can access easily. However, the matters that may affect Member rights and obligations under the CALIVERSE service contract shall be notified in accordance with Article 8.1.

3. Notwithstanding the proviso to Article 8.1 and Article 8.2, the Company may notify in a manner specified in the body of Article 8.2 if the Member did not register any e-mail address or notification to the registered e-mail address is not possible. In such case, the Company may choose to give the notification via phone call or text message if it is aware of the telephone number of the Member.

Article 9. Hours of Using CALIVERSE and Temporary Suspension of Use

1. The Company shall operate CALIVERSE in a way that ensures the use of CALIVERSE by Members depending on service level and purposes and announce detailed operation schedule in the CALIVERSE bulletin board in advance.

2. The Company may suspend the use of CALIVERSE if there is repair and maintenance, change, and breakdown of IT facilities such as PC, telecommunications interruption, or considerable operational reason.

3. In case of Article 9.2, the Company shall give notice to Members in accordance with Article 10. However, in the event that there are unavoidable reasons that the Company cannot give prior notice, the Company may give notice afterwards.

4. The Company shall compensate for the damages to members caused by a temporary suspension of the use of CALIVERSE unless there is willful misconduct or gross negligence by the Company.

5. The Company may conduct regular inspections if necessary for the operation of CALIVERSE, and the required inspection period shall be notified in the initial webpage of CALIVERSE at least 24 hours before the date of regular inspection.

6. If the Company cannot operate CALIVERSE due to change of business, closure, or bankruptcy, the Company shall notify Members in accordance with Article 8 and compensate if necessary in accordance with the provisions of Articles 34 of this Terms and Conditions.

Article 10. Points

1. The company may provide “points” that can be used for purposes such as purchasing digital content or participating in events within CALIVERSE, for a fee or free of charge.

2. Members shall use points within the term of validity, and the points of which validity expires shall be deleted.

3. The term of validity for each type of points is as follows:

(a) paid points - for 5 years from the date of purchase; and

(b) free points - for the period set by the Company. (if there is no fixed period, it is set at a maximum of 1 year)

4. Points may be separated or combined depending on Digital Contents, etc. and the method of using points and the order of point deduction shall follow the guidance on the service webpage or Point policy.

Article 11. Ownership of Copyright

1. The Company shall have the copyright and other intellectual property rights (hereinafter “Copyrights, etc.”) for the works created by the Company.

2. Members shall not copy, transmit, publish, or distribute the information obtained from using the Digital Contents, etc. provided by the Company without a prior consent from the Company or shall not allow any third party to do so unless otherwise allowed by the Copyright Act, etc.

3. Members can utilize the content provided by CALIVERSE to create and register works for further use. The content created by Members shall be subject to the rights and responsibilities in accordance with the details of Creator policy.

4. The Company may use the works of Members with prior consent. However, the Company shall not be obligated in case it is allowed in accordance with applicable laws or the Creator policy of the Company.

Article 12. Prohibition on Posting of Unlawful Information and Deletion Thereof

1. Members shall not post any of the unlawful information described in the following on the service provided by CALIVERSE or provide such information to other members:

(a) information with obscene content distributed, sold, rented, or displayed openly in the form of code, words, sound, images, or motion picture;

(b) information with content that defames other persons by divulging a fact or false information, openly and with intent to disparage the person's reputation;

(c) information with content that arouses fear or apprehension by reaching other persons repeatedly in the form of code, words, sound, image, or motion picture;

(d) information with content that compromises, destroys, alters, or forges an information and communications system, data, a program, or similar or that interferes with the operation of such system, data, program, or similar without good cause;

(e) information with content that amounts to a media product harmful to youths under the Youth Protection Act and that is provided for profit without fulfilling the duties and obligations under the relevant statutes and regulations, including the duty to verify the subject's age and the duty of labeling;

(f) information with content that amounts to speculative activities prohibited by statutes and regulations;

(g) information with content of transactions of personal information in violation of the laws and regulations on personal information protection;

(h) information regarding methods, drawings, etc. for manufacturing guns or explosives (including things with a yield that may expose people to risk of life or bodily injury);

(i) information with content that divulges a secret classified under laws and regulations or any other State secret;

(j) information with content that violates the National Security Act;

(k) advertisement information regarding goods and services prohibited by laws; and

(l) other information with content that attempts to commit, aids, or abets a crime.

2. Members shall not post media product harmful to youth under Article 2.3 of Youth Protection Act or the information that enables access to or use of such product on the service provided by CALIVERSE.

3. Members who intend to post advertising information for profit on the CALIVERSE bulletin board shall obtain prior consent from the Company.

4. Notwithstanding Article 12.3, when the Company explicitly expresses its intention to refuse to post a notice or to revoke its prior consent, no member who intends to post advertising information for profit shall post advertising information for profit.

5. The Company may delete the advertising information for profit posted in violation of Article 12.1 through Article 12.4, and shall notify of the same to the Member. In this case, the Company is not liable for the deletion.

Article 13. Temporary Measures

1. If the Company finds that information posted on the CALIVERSE bulletin boards, etc. intrudes on others' privacy, defames others, or violates others’ rights, it may take temporary measures to block access to the information at its discretion.

2. When the Company has taken temporary measures pursuant to Article 13.1, the Company shall notify of the related contents to the applicant and the information publisher.

3. The period for the temporary measure pursuant to Article 13.1 shall not exceed 30 days.

Article 14. Demand for Deletion of Information

1. If information provided through CALIVERSE purposely to be made public intrudes on others' privacy, defames others, or violates others' right otherwise, the victim of such violation may request the Company which managed the information to delete the information or publish a rebuttable statement (hereinafter "deletion, etc."), presenting explanatory materials supporting the alleged violation.

2. Upon receipt of a request for deletion, etc. of the information under Article 14.1, the Company shall delete the information or take a temporary or any other necessary measure and shall notify the applicant and the publisher of the information without delay.

3. If there is any media product harmful to youths published in CALIVERSE in violation of the labeling method under Article 42 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, or if content advertising such a media product is displayed in CALIVERSE without measures to restrict access by youths as required under Article 42.2 of the Act, the Company shall delete such content without delay.

4. Notwithstanding a request for deletion of the information under Article 14.1, if it is impracticable to judge whether the information violates any right or it is anticipated that there will probably be a dispute between interested parties, the Company may take a temporary measure under Article 13.

Article 15. Withdrawal from and Termination of Membership

1. Member may request withdrawal from membership at any time and the Company shall process the withdrawal immediately upon the request, provided, however, that the Company may withhold the processing of withdrawal if there are reasonable grounds.

2. If Member commits one of the following acts in the course of using CALIVERSE, the Company may restrict or suspend the membership or the use of digital contents, etc. temporarily:

(a) the act that violates the operational policy of CALIVERSE by interrupting other Member’s use of CALIVERSE or stealing information;

(b) the act that is prohibited by agreement or Terms and Conditions; and

3. If a Member whose membership had been restricted or suspended committed the act prescribed in Article 15.2 twice or more or did not correct the grounds for the restriction or suspension within 30 days, the Company may terminate the membership.

4. The Company, when terminating membership, shall cancel membership registration, provided, however, that the Company may withhold the cancellation if there are reasonable grounds.

5. If the Company took measures such as restriction, suspension, or termination of membership in accordance with Article 15.2 or Article 15.3, the Company shall give notice to the Member about the fact and grounds without delay in accordance with Article 8 and grant him/her an opportunity for defense for the periods as prescribed in the following:

(a) restriction or suspension of membership – more than7 days; and

(b) termination of membership – more than 30 days.

6. If the Company has suffered damages caused by the act of the Member, it may claim damages against the Member, apart from the restriction, suspension, or termination of membership pursuant to Article 15.2 and 15.3, provided, however, that this will not apply if there is no willful misconduct or gross negligence by the Member.

7. In relation to Article 15.2 or 15.3, the Company may prescribe more detailed acts and responding measures in the CALIVERSE Operation Policy and take measures accordingly.

Section 2. Protection of Personal Information

Article 16. Protection of Personal Information

1. The Company shall comply with the Personal Information Protection Act in relation to the processing and protection of personal information including collection, use, and provision of personal information.

2. Member’s rights including the rights to demand access to, correction of, and suspension of processing of personal information shall be protected in accordance with Personal Information Protection Act.

3. In relation to Article 16.1 or Article 16.2, the Company may prescribe more detailed policies on the protection and processing of personal information in the CALIVERSE Privacy Policy and take measures accordingly.

4. The Company shall not be liable for any personal information which is exposed due to causes attributable to a Member unless said exposal was intentional or accidental.

Article 17. Liability for Damages

The Company shall be liable for damages suffered by a Member due to the Company’s violation of the Personal Information Protection Act. However, this does not apply if the Company is not at fault or did not act with intent or negligence.

Chapter 3. Service Contract for Digital Contents or Online Services

Section 1. Provision of Digital Contents, etc. and Payment

Article 18. Delivery of Contract Document

Upon conclusion of service contract for Digital Contents, etc., the Company shall deliver the contract document (including that in electronic form, the same applies below) containing each of the followings to Members before it provides Digital Contents, etc., provided, however, that if there is consent from the Member who signed the contract or the Company is not able to deliver the contract to the Member because the Company does not know the address (including e-mail address) of the Member for reasons not attributable to the Company, the Company may deliver the contract to the person who is provided with Digital Contents, etc. For the provision of Digital Contents, etc. arising from the use of free points, contents, or events for which offer or execution of contract was not made, Article 18, 19, and 29 do not apply:

1. Name of the producer, supplier, and company of Digital Contents, etc.; name, address, and telephone number of the company’s representative, etc. For the producer of Digital Contents, etc., only the name of the producer is provided (if the producer is a company, the name of the company and its representative).

2. Name, type, and contents of Digital Contents, etc.

3. Information about Digital Contents, etc. The descriptions presented in the Digital Contents may be used for this information.

4. Price of Digital Contents, etc. (If price was not determined, a detailed method of determining its price), payment method and time of payment.

5. Method and time of providing Digital Contents, etc.

6. Information about deadline, method of exercise, and effect of offer cancellation and contract termination (hereinafter “offer cancellation, etc.”). The information shall include the templates required for exercising the rights of offer cancellation, etc.

7. Conditions and procedures for exchange, return, warranty, and refund of Digital Contents, etc.; conditions and procedures for providing compensation for delayed refund.

8. Technical matters required for delivery and installation of Digital Contents, etc.

9. Matters related to the processing of compensation for damages to Member; the processing of complaints on Digital Contents, etc.; the resolution of disputes between Member and the Company.

10. Terms and conditions related to transactions (including the methods to see the details of the terms and conditions)

11. If there are additional costs to be borne by Member such as expenses for exchange and return, apart from the price of Digital Contents, etc., details of such costs and amounts.

12. If there are restrictions in the conditions for sale such as restrictions on date, area, and quantity of sale and delivery area, details of such restrictions.

13. For Recurring Transactions, matters related to termination of contract and method and effect of exercising termination rights, and templates required for exercising termination rights.

Article 19. Payment and Refund of Overpayment, etc.

1. Member shall pay the amount as determined by the service contract for Digital Contents, etc. by following the instructions provided on the payment screen by the Company.

2. In case of the electronic payment pursuant to Article 19.1, the Company shall notify of each of the followings and provide an electronic payment window in which Member can select whether or not to agree with the notification: (a) contents and type of Digital Contents, etc.; (b) price of Digital Contents, etc.; and (c) period of providing online services.

3. If the electronic payment was made pursuant to Article 19.1, the Company shall notify the Member of the fact by posting or sending related electronic documents and allow the Member to have access to the material related to the electronic payment at any time.

4. If the Member overpaid in his/her payment under Article 19.1, the Company shall refund the overpayment in the same manner as the Member’s payment method, provided, however, that if it is not possible to use the same payment method, the Company may refund in the manner decided by the Member.

5. If overpayment occurred due to the reasons attributable to the Company, the Company shall refund the entire overpayment amount. If overpayment occurred due to the reasons attributable to the Member, the Company may refund the overpayment after deducting a reasonable amount of refund expense.

6. If the Company refuses a request for refund of overpayment, it shall prove that there is no overpayment.

Article 20. Provision of Digital Contents, etc.

1. The Company shall take the following measures so that Members can use Digital Contents, etc. depending on the method of providing or using Digital Contents, etc.:

(a) transmission method – transmit to the Members’ registered e-mail address or CALIVERSE account;

(b) downloading method – take measures so that the Members can download Digital Contents, etc.; and

2. The Company shall provide the services so that Members can use online services in accordance with service contract for online services. Service details shall be announced in the bulletin board where the Members can find them at any time.

(a) Services related to the Digital Contents, etc. provided by the Company in CALIVERSE

(i) all services such as customizing, use of assets, and inventory related to avatar;

(ii) all services such as community where communications with avatar of other Members take place.; and

(iii) all services such as land, performance, broadcast, shopping, and advertisement for social, economic, and cultural activities in the CALIVERSE world.

(b) Services that are additionally developed by the Company or provided in association with partner companies

3. The Company shall take the measures under Article 20.1 or 20.2 within seven (7) days from the date that a Consumer made an offer of contract, and if the Consumer paid in part or in full before receiving Digital Contents, etc. (hereinafter “Prepayment Transaction”), the Company shall take the measures under Article 20.1 or 20.2 within three (3) business days from the date that the Consumer made the prepayment unless otherwise agreed between the Company and the Consumer on when the Digital Contents, etc. will be provided.

4. When the Company becomes aware that it is not able to provide the Digital Contents, etc. for which contract offer was made, it shall inform the Consumer of the reasons without delay, and in the case of Prepayment Transaction, it shall refund or take necessary measures for refund within 3 business days from the date it became aware of its inability to provide the Digital Contents, etc.

5. If the Company has to refund or take necessary measures for refund in Prepayment Transaction under Article 20.4, the Company shall apply from Article 32.1 to 32.4.

Article 21. Use and Update of Digital Contents, etc.

1. Members shall not use the Digital Contents, etc. provided by the Company in violation of service contract for Digital Contents, etc.

2. embers shall not arbitrarily revise or correct the Digital Contents, etc. provided by the Company.

3. Members shall not provide the Digital Contents, etc. to a third party without a prior consent from the Company.

4. Members may copy the Digital Contents, etc. onto their other IT devices for their use.

5. The Company shall provide each of the following information about update so that Members are able to keep using transmitted or downloaded Digital Contents, etc. in a stable manner unless updates are not necessary due to the nature of the Digital Contents, etc.:

(a) date and version of update of the Digital Contents, etc.;

(b) details of update;

(d) disadvantages that will occur to the Members if they do not update the Digital Contents, etc., provided, however, that this information may be excluded when there is no disadvantage;

(e) update cost (only when it is paid update); and

(f) other matters related to update.

6. The updates of Digital Contents, etc. under Article 21.5 shall be provided for free, provided, however, that the Company may provide paid updates if it has reasonable reasons.

7. Whether to update the Digital Contents, etc. shall be decided by the Members, and the Company shall not update the Digital Contents, etc. stored in the IT device of Members without a consent from them. However, the usage of Digital Contents, etc., may be limited when not updated to the most recent version.

8. Notwithstanding the forementioned Article 7, the Company may update the Digital Contents, etc. with no consent of the Member for solving obstacles to enable convenient usage of the Digital Contents.

Article 22. Automatic Payment and Notification to Members

If Members agreed to make automatic payments on a recurring basis for a continuous use of Digital Contents, etc., the Company shall inform the Members of payment information containing the following details via e-mail or text message before the payment:

(a) amount;

(b) time of payment; and

Article 23. Automatic Renewal of Digital Contents Contract

1. When the free trial period of Digital Contents, etc. expires and is about to convert to paid service period, the Company shall obtain consent from the Member before the conversion.

2. If the Company intends to renew the paid service period that has expired, it shall obtain a prior consent from the Member.

3. If the Company fails to obtain consent from the Member in accordance with Article 23.1 or 23.2, the service contract for Digital Contents, etc. will terminate upon the expiration of free trial period or contract period.

Section 2. Service Contract for Digital Contents, etc. and Withdrawal of Contract Offer by Member

Article 24. Preparation of Procedures to Prevent Input Errors and Cancellation by Members

1. The Company shall prepare procedures necessary for the prevention of input errors that can be made by a Member in the course of concluding service contract for Digital Contents, etc.

2. If a Member concluded service contract for Digital Contents, etc. by mistake for some material parts due to the lack of the procedures under Article 24.1, he or she may cancel the contract unless there is gross negligence by the Member.

3. If a Member cancelled service contract for Digital Contents, etc. pursuant to Article 24.2, the Company shall refund the payment made by the Member and the Member shall delete the Digital Contents, etc. provided by the Company, provided, however, that if the Member is unable to delete the Digital Contents, etc., he or she shall not use and let others use them.

4. Notwithstanding Article 24.3, if the Company is able to delete the Digital Contents by itself through telecommunications network, it may delete them.

Article 25. Cancellation by Minor Children

1. Minors may not conclude the service contract of Digital Contents, etc.

2. If a Member who is a minor concluded service contract for Digital Contents, etc. without consent from his/her legal representative, the minor, the legal representative, or the successor (hereinafter “Minor, etc.”) may cancel the contract unless cancellation by a minor is not allowed by Civil Act, etc.

3. When a Minor becomes a legal adult, the Company may demand him/her give a definite answer within a period longer than 1 month as to whether he/she will cancel the contract prescribed in the body of Article 25.1. If he/she fails to send a definite answer within the period, the contract cannot be cancelled.

4. Before the Minor become a legal adult, the demand under Article 25.2 may be made to his/her legal representative, and when his/her legal representative fails to send a definite answer within the period, the contract cannot be cancelled.

5. If the Company was not aware at the time of concluding service contract for Digital Contents, etc. that the Member was a Minor, it may withdraw the contract by the time of ratification.

6. In case of the cancellation pursuant to Article 25.1 or the withdrawal pursuant to Article 25.4, the Company shall refund the payment made by the Minor and the Minor shall delete the Digital Contents, etc. provided.

7. Notwithstanding Article 25.6, if the Company is able to delete the Digital Contents, etc. by itself through telecommunications network, it may delete them.

Article 26. Withdrawal of Contract Offer by Consumer

1. A Consumer who has concluded service contract for Digital Contents, etc. with the Company may withdraw his/her offer within the period provided for in the following subparagraphs. However, if a withdrawal period advantageous is applied according to the laws of the country in which the consumer resides, the relevant laws will apply:

(a) seven (7) days from the date of receiving a document on the contents of the contract pursuant to Article 18, provided, however, that if the provision of Digital Contents, etc. has been performed after the delivery of the document, seven (7) days from the date the provision of the Digital Contents, etc. has begun;

(b) seven (7) days from the date the Consumer knew or could have known the address of the Company, if a document on the contents of the contract pursuant to Article 18 has not arrived, a document without the address, etc. of the Company has arrived, or the withdrawal of an order cannot be made within the period set forth in Article 26.1.(a) due to the change of the Company’s address; and

(c) if there were acts such as interfering with Customer’s withdrawal by providing false or exaggerated information or by deceptive means or changing or shutting down the address, telephone number, Internet domain name, etc. for the purpose of interfering with the withdrawal, seven (7) days from the date the interference is ended.

2. In any of the following cases, no Consumer shall withdraw a contract offer under Article 26.1 against the will of the Company, provided, however, that if the Company fails to take the measures under Article 26.5, the Consumer may withdraw the offer even in cases falling under Article 26.2.(b) through (e):

(a) if the Digital Contents, etc. have been destroyed or damaged due to a cause attributable to the Consumer, provided, however, that this shall not apply where the package, etc., has been damaged to check the contents of the Digital Contents, etc.;

(b) if the value of the Digital Contents, etc. has substantially decreased due to Consumer’s use or partial consumption;

(c) if the Digital Contents, etc. are used or applied immediately upon the purchase according to the nature of the Digital Contents, etc.;

(d) if part of the additional benefits (such as goods items) accompanying the Digital Contents, etc. was used;

(e) if the Digital Contents, etc. of which usefulness is determined at opening were opened;

(f) if the value of the Digital Contents, etc., has substantially decreased due to the elapse of time, making resale difficult;

(g) if the person who requested the withdrawal did not purchase the Digital Contents, etc. in person, including obtaining as gift from others;

(h) if the provision of Digital Contents, etc. in bundled form has commenced, provided, however, that this shall not apply to the portion for which the provision of the Digital Contents, etc. has not commenced in cases of Digital Contents, etc. comprising divisible portions;

(i) if it is expected that allowing withdrawal of an offer of a contract for Digital Contents, etc. which are separately produced upon Consumer’s order or other Digital Contents, etc. similar thereto would cause a serious, unrecoverable loss to the Company, and if such fact has been separately notified in advance with respect to the relevant transaction and the Consumer’s written consent has been obtained (including in electronic form); and

(j) other cases in which withdrawal of an offer of a contract is restricted by relevant laws and regulations such as Act on the Consumer Protection in Electronic Commerce, other than those provided in Article 26.2 (a) through (i).

3. Notwithstanding Article 26.1 and 26.2, if the contents of the Digital Contents, etc. are different from what was indicated or advertised, or have been performed differently from the terms of the contract, the Consumer may withdraw his/her offer of the contract within three (3) months from the date of receiving the Digital Contents, etc., or within thirty (30) days from the date he or she knew or could have known such fact.

4. If the withdrawal of the contract offer pursuant to Article 26.1 or 26.3 is made in writing, it shall enter into force on the date of sending the document to that effect.

5. In cases of the Digital Contents, etc., for which an offer of the contract cannot be withdrawn under Article 26.2.(b) through (e), the Company shall take the necessary measures not to encumber the exercise of rights to withdraw the offer, such as clearly indicating the fact on the package of the Digital Contents, etc., or in a place where the Consumer can easily recognize, or providing free samples, provided, however, that if an offer of the service contract for Digital Contents, etc. among Digital Contents referred to in Article 26.2.(e) cannot be withdrawn by a Consumer, the Company shall, in addition to indicating the fact that it is impossible to withdraw an offer, take at least one of the measures as prescribed by the following subparagraphs:

(a) allow a partial use – part of Digital Contents, etc. is provided in the form of preview or pre-listening;

(b) allow a temporary use – Digital Contents, etc. are provided for a predetermined period;

(c) provide a trial-mode Digital Contents, etc. – provide Digital Contents, etc. where only a limited scope of functions is available; and

(d) if it is difficult to provide free trials based on the methods prescribed in Article 26.5.(a) through (c), the information about Digital Contents, etc. shall be provided.

6, When concluding a service contract with a company for digital content, etc. delivered by streaming, the provisions of Article 26.1 to 5 shall apply mutatis mutandis unless it is contrary to the nature of the digital content, etc., which is the purpose of the contract.

Article 27. Effect of Withdrawal of Contract Offer

1. If a Member has withdrawn his/her offer of contract pursuant to Article 26, he or she shall return the Digital Contents, etc., already delivered.

2. The Company shall make a refund of the payment made by the Member within three (3) business days from any of the date of the withdrawal of contract offer. In such cases, if the Company delays the refund to the Member, the Company shall pay a penalty interest for delay calculated by multiplying the interest rate of 6% per annum (hereinafter "Delay Compensation”).

3. In making a refund pursuant to Article 27.2, where the Member has made the payment by credit card as defined in subparagraph 3 of Article 2 of the Specialized Credit Finance Business Act, the Company shall promptly request a business operator who has supplied the relevant means of settlement (hereinafter "settlement business operator") to stop or cancel the request for payment, provided, however, that if the Company has already received payment from the settlement business operator, it shall promptly make a refund to such settlement business operator, and notify the Member of this fact.

4. If the Company falls under the proviso to Article 27.3 and had a Member make a payment due to a delayed refund, it shall pay the Member a Delay Compensation for the corresponding period.

5. Notwithstanding the proviso to Article 27.3, if the Company fails to make a refund to a settlement business operator without good cause, a Member may request the settlement business operator to offset the amount to be refunded against other debt he or she owes to the Company.

6. In cases falling under Article 27.1 where Digital Contents, etc., have already been partially used or consumed, the Company may request the Member to pay the amount equivalent to the profit the Member gained from such partial use or consumption or to the expenses incurred in the supply of the Digital Contents, etc. If Digital Contents, etc. consist of the same and divisible portions in large numbers, the Company may request the Member to pay the expenses incurred for the consumed portions.

Chapter 4. Damage Relief and Cancellation and Termination of Contract

Article 28. Defects in Digital Contents, etc. and Warranty for Defect

1. If the Digital Contents, etc. provided by the Company are defective and the Member is able to achieve the purpose of contract, the Member may exercise each of the following rights, provided, however, that this shall not apply if the Member was aware of the defect or was not aware of it due to gross negligence:

(a) right to demand non-defective Digital Contents, etc.;

(b) right to demand repairment of the defect; and

(d) right of cancellation or termination

2. In addition to the rights under Article 28.1, the Member may request the Company to pay compensation for the damages arising from defects.

3. Warranty for defects in Digital Contents, etc., other than that provided for in Article 28.1 and 33.2, shall be conducted in accordance with Guidelines for Protection of Content Users.

Article 29. Damage relief of Digital Contents, etc.

1. If the Company did not announce, in advance, suspension or interruption of the Digital Contents, etc. provided under the contract for their recurring use, the damage relief for Members shall be as follows, provided, however, that if the suspension or interruption occurred due to the causes attributable to a Member, the corresponding period shall not be included in the suspension or interruption hours:

(a) If the accumulative suspension or interruption hours during one (1) month exceed 72 hours – Members may cancel or terminate the contract, and the Company shall refund the service fee for the remaining period including the suspension or interruption hours and make a compensation, provided, however, that the Company is not liable for the damages if there is no willful misconduct or gross negligence by the Company.

(b) If the suspension or interruption occurred due to the causes attributable to the Company and the suspension or interruption hours during one (1) month are 72 hours or less – the Company shall extend the contract period by three (3) times the suspension or interruption hours for free.

(c) If the suspension or interruption occurred due to force majeure or unlawful acts by a third party and the suspension or interruption hours during one (1) month are 72 hours or less – the Company shall extend the contract period by the hours equivalent to the suspension or interruption hours.

2. If the Company did announce, in advance, suspension or interruption of the Digital Contents, etc., the damage relief for Members shall be as follows, provided, however, that facility maintenance and repair, for the purpose of service improvement, up to 24 hours per month shall not be counted as the suspension or interruption hours:

(a) If the accumulative suspension or interruption hours during one (1) month exceed 10 hours – the Company shall extend the contract period by two (2) times the suspension or interruption hours for free.

(b) If the accumulative suspension or interruption hours during one (1) month are 10 hours or less – the Company shall extend the contract period by the hours equivalent to the suspension or interruption hours.

3. The announcement in advance under Article 29.1 and 29.2 shall be made at least 24 hours before the time of the suspension or interruption, provided, however, that this shall not apply if the Company was unable to do due to force majeure.

Article 30. The Company’s Failure to Perform Obligations and Cancellation

1. If the Company has not provided Digital Contents, etc. by the time set forth in service contract for Digital Contents, etc., a Member may demand provision of the Digital Contents, etc. within a reasonable period set by him/her.

2. If the Company fails to provide the Digital Contents, etc. within the period pursuant to Article 30.1, the Member may cancel or terminate the service contract for Digital Contents, etc., provided, however, that in cases falling under one of each of the following subparagraphs, the Member may cancel or terminate the service contract for Digital Contents, etc. without the demand pursuant to Article 30.1:

(a) if the Company refused to provide the Digital Contents, etc.; and

(b) if the purpose of the contract can be achieved only when the Digital Contents, etc. are provided at the time set forth in the Contract.

3. Regardless of the time of provision of Digital Contents, etc., if the Company is unable to provide Digital Contents, etc. due to causes attributable to the Company, Members may cancel service contract for Digital Contents, etc.

4. If the Company provided Digital Contents, etc. but not in compliance with the details specified in the Contract, Members may exercise their rights as prescribed in the following subparagraphs:

(a) if repair of Digital Contents, etc. is possible – rights provided for in each subparagraph of Article 28.1; or

(b) if repair of Digital Contents, etc. is not possible – rights provided for in Article 28.1.(a) or 28.1.(c). (However, in case the purpose of the contract cannot be achieved, the rights defined under the Article 28.1.1 or Article 28.1.4.)

5. In addition to the rights under Article 30.1 and 30.4, the Member may request the Company to pay compensation for the damages, provided, however, that the Company is not liable for the damages if there is no willful misconduct or gross negligence by the Company.

Article 31. Member’s Failure to Pay and Liability

1. If a Member fails to pay for Digital Contents, etc. by the time set forth in the service contract, the Company may demand payment within a reasonable period set by it.

2. The Member shall make a payment for the Digital Contents, etc. plus a penalty interest calculated by multiplying an annual interest rate of 6% on the payment to the Company within the period under Article 31.1. In such case, the Member shall not refuse to pay the penalty interest by proving that there is no willful misconduct or gross negligence by him/her unless the failure was due to force majeure.

3. If the Member fails to make a payment for Digital Contents, etc. and penalty interest within the period under Article 31.1, the Company may cancel or terminate the service contract for Digital Contents, etc. If the Member refused to make the payment in advance, the Company may cancel or terminate the service contract for Digital Contents, etc. without the demand pursuant to Article 31.1

Article 32. Consumer’s Termination of Recurring Transaction Contract and Its Effect

1. Unless otherwise provided for in laws and regulations, a Consumer who concluded a recurring transaction contract with the Company may terminate the contract at any time.

2. If the recurring transaction contract was terminated due to the causes not attributable to the Company, the Company may demand compensation from the Consumer for the damages and/or losses arising from the termination.

3. If the recurring transaction contract was terminated pursuant to Article 32.1, the Consumer may return the Digital Contents, etc. of which return is possible to the Company. In such case, the Company may take measures such as refund of payment or reduction of penalty.

4. If the contract was terminated pursuant to Article 32.1 due to the causes not attributable to the Company and the payment for Digital Contents, etc. it received from the Consumer (including the amount to be refunded in case Digital Contents, etc. were returned) exceeds the price of the Digital Contents, etc. already provided plus the compensation for damages and/or losses and penalty, the Company may refund the difference.

Article 33. Cancellation or Termination

1. The Company may cancel or terminate the Digital Contents Service contract in case any of the following clauses occur:

(a) In case the Member continues to use a prohibited program after the Company restricted the usage of said program

(b) In case the information which the Member provided for using the service was proved to be incorrect

(c) In case the Member repeats intentional interference of business and cause damage to the Company, other Members, or any other 3rd parties

2. Except for cases provided for in Article 26, if service contract for Digital Contents, etc. was cancelled, the Company or Members shall restore to the original state pursuant to each of the following subparagraphs:

(a) the Company shall refund the payment made by the Consumer;

(b) the Member shall delete the Digital Contents, etc. provided by the Company and make the Digital Contents, etc. unavailable for use by himself/herself or any third party, provided, however, that this shall not apply if the Company deleted the Digital Contents, etc. or made them unavailable for use; and

(c) if the Member has used the Digital Contents, etc. provided by the Company, he or she shall return the benefit from using them to the Company.

3. Except for cases provided for in Article 34, if service contract for Digital Contents, etc. was cancelled, the Company or Members shall have the obligations pursuant to each of the following subparagraphs:

(a) the Company shall refund the payment equivalent to that for the remaining period; and

4. Unless otherwise agreed, the obligations under Article 33.1 or 33.2 shall be performed at the same time.

Article 34. Liability for Damages

1. A Member or the Company has caused damage to the other party due to the violation of service contract for Digital Contents, etc. or CALIVERSE service contract, a Member or the Company shall be liable to compensate for the damage, provided, however, that this shall not apply if there was no willful misconduct or gross negligence by the party with the liability.

2. Notwithstanding Article 34.1, if these Terms and Conditions or laws and regulations provide otherwise, they shall apply.

3. The Company shall not be liable for damages in each of the following cases:

(a) The Company shall not be liable where CALIVERSE services and/or Digital Contents, etc. cannot be provided due to war, incident, natural disaster, emergency, technological defects that cannot be addressed with the current technologies, enactment and revision of relevant laws and regulations, government regulations, and other force majeure;

(b) The Company shall not be liable where the provision of services was suspended or interrupted due to the repair, replacement, regular check-up, construction of facilities that were notified in advance and other similar reasons to the extent that there is no willful misconduct or gross negligence by the Company;

(c) The Company shall not be liable where the damages suffered by Members are caused by a common telecommunications business operator which suspended telecommunications service or failed to provide telecommunications service properly; or the Member is unable to use all or part of services due to defects in the device used by the Member or network changes;

(d) The Company shall not be liable where service suspension, interruption, and contract termination are due to causes attributable to the Member;

(e) The Company shall not be liable for the trustworthiness and accuracy of information or materials posted by the Member or others in relation to services;

(f) The Company shall not be obligated to interfere with any dispute between Members or a Member and a third party and the resulting inability to use services and shall not be liable for the damages arising from such dispute;

(g) The Company shall not be liable for the damages arising from the use of free services, provided, however, that this shall not apply if there is willful misconduct or negligence by the Company;

(h) Part of the services to be provided by the Company may be provided via other operators, and the Company shall not be liable for the damages arising from the services provided by other operators unless there is willful misconduct or negligence by the Company;

(i) The Company shall not be liable for the Member’s failure to gain, or his or her loss of, expected values of character, experience level, or items, apart from the values certain to be delivered by service contract for Digital Contents, etc., and it shall not be liable for the damages arising from selective choice or use of services unless there is willful misconduct or negligence by the Company; and

(j) The Company may restrict hours of service use by Members in accordance with relevant laws and regulations and government policies, and the Company shall not be liable for the damages and/or losses arising from these restrictions.

Article 35. Restriction on Member’s Liability for Damages

If a contract on the sale of Digital Contents, etc. is cancelled due to causes attributable to the Member, the compensation for damage the Company may claim against the Member shall not exceed the amount computed by adding the Delay Compensation for nonpayment to the amount specified in the following:

(a) If the Member is no longer able to use the Digital Contents, etc. because they were deleted - the usual fee for using the deleted Digital Contents, etc. or the amount equivalent to usual benefits from the use thereof; or

(b) If the Digital Contents, etc. were not deleted - the amount equivalent to the selling price of the Digital Contents, etc.

Article 36. Method of Payment Refund

1. If the Company refunds all or part the payment made by a Member, the refund shall be made in the same manner as payment by the Member.

2. If the Company is unable to refund all or part of the payment in the manner prescribed in Article 36.1, it shall use the method decided by the Member.

3. When deducting refund fee, compensation for damages, or usage fee from the payment made by the Member, the deduction shall be conducted through the payment method selected by the Member, and if the Member did not select, the deduction shall be conducted through a method advantageous to the Member.

Chapter 5. Resolution of Disputes

Article 37. Resolution of Disputes

1. If any dispute arises between the Company and a Member related to service contract for Digital Contents, etc. and CALIVERSE service contract, the dispute shall be resolved by mutual agreement.

2. If the dispute was not resolved pursuant to Article 37.1, the Company or the Member may request a mediation to Korea Copyright Commission under Copyright Act, Content Dispute Resolution Committee under Content Industry Promotion Act, E-Commerce Mediation Committee under Framework Act on Electronic Documents and Transactions, and Consumer Dispute Mediation Commission under Framework Act on Consumers.

Article 38. Jurisdiction

The governing law for the interpretation and regulation of these Terms and Conditions, and the usage contracts of Caliverse and digital content, shall be the laws of the Republic of Korea. In the event of a dispute related to these Terms and Conditions or the usage contracts of Caliverse and digital content, the Seoul Central District Court shall have exclusive jurisdiction as the court of first instance.

Addendum

(Effective date) This Terms and Conditions shall be effective on July 29, 2024.

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Last updated 6 months ago