Terms and Conditions of Use

Terms and Conditions of Use
 
1. Acceptance of User
A. By using/visiting any website of Forum or any other product offered to the Users in relation to Forum (the “Service” collectively), each User shall be deemed to have consented expressly to the following:
 
(1) Stipulations and provisions as stated in these Terms and Conditions; and
 
(2) Personal data protection policy of Forum as set forth in the Company’s personal data protection policy or expressly stated in these Terms and Conditions.
 
Please read carefully the above two terms before you begin using the Service and do not use the Service if you do not agree on both terms.
As used in these Terms and Conditions, a “User” refers to a customer (an individual and an entity) who consents to these Terms and Conditions and receives the Service as provided by the Company.
 
B. A User may not use the Service or consent to these Terms and Conditions if any of the following applies to such User:
 
(1) If the User has not reached a legal age to enter into a valid agreement with Forum, Inc. (the “Company”); or
 
(2) The User is prohibited by law or on other grounds from using or being provided with the Service in the jurisdiction where the User resides or accesses to or uses the Service.
 
2. Amendment
A.The Company may, at its sole discretion, amend or modify these Terms and Conditions from time to time as needed and each User who continues to use the Service after any amendment or modification is deemed to have consented to any amended or modified terms. If you do not agree on these Terms and Conditions as amended or modified, please discontinue using the Service.
 
B.In the event of amending these Terms and Conditions, the Company will specify the reason and the effective date of such amendment and post the existing and amended Terms and Conditions by no later than 7 days (30 days for any amendment adverse to or material to the Users) prior to the effective date by publishing them on the initial screen of the Service to allow the Users’ easy understanding; provided, however, that any amendment of these Terms and Conditions that is adverse to the Users shall be separately notified for a certain period of time via electronic means, such as an electronic mail or a “notification screen” in PC in addition to such publication.
 
3. Service
A.The “Service” covers all functions and aspects of Forum, including all products, software and services provided through the website of Forum.
 
B.These Terms and Conditions shall apply to all Users of the Service, which mainly enables each User:
 
(1)To watch and share the Contents and uploaded by other Users; and
 
(2)To read, leave or share any postings including comments to the Contents by the User himself/herself or other Users and other information.
 
C.“Contents” means any items that are watched on the Service, accessed through the Service, or offered to the Service by the User, including texts, scripts, graphics, photos, sounds, music, videos, any combination of audiovisual elements, and functions designed for mutual exchanges.
 
D.The scope and nature of the Service to be provided by the Company may differ depending on numerous variables, the policy of a third-party website, etc.
 
E.The Service may include a link to a third-party website. The Company does not control and is not held liable for the Contents, personal data protection policy, or business operation of any third-party website. In addition, the Company does not and cannot censor or edit the Contents on any third-party website. By using the Service, each User agrees that the Company shall not be held liable for any problems arising out of any use of a third-party website by the User and expressly guarantees indemnification of the Company. Accordingly, we strongly recommend the Users to carefully read the terms of usage and the personal data protection policy of each and every third-party website.
 
F.In principle, the Service will be provided for 24 hours a day, 7 days a week; provided, however, the provision of the Service may be suspended for the system management or a force majeure event. While the Company is bound by an obligation to make best efforts, it shall not be held liable for any losses incurred for the suspension of the Service.
 
4. Forum Account
A.A User shall create an account (the “Forum Account”) to access to the Service. Each User shall provide accurate and complete information in the course of creating the Forum Account and may modify such information provided in creating his/her Forum Account at any time thereafter.
 
B.A User shall not use another person’s Forum Account without permission. Each User shall be fully responsible for all activities taking place on his/her Forum Account and thoroughly protect the secrecy of the password for his/her Forum Account.
 
C.Any User that holds a Forum Account may upload or display on the Service his/her Contents such as the postings.
 
D.The Company shall not be held liable for any losses arising out of any User’s unauthorized use of the Forum Account; provided, however, the User shall be held liable for any losses incurred by the Company or a third party in connection with such unauthorized use.
 
5. Permission to Use and Restrictions
The Company may permit the Users to access to and use the Service, provided that such use of the Service by the Users shall be restricted by the terms specified in these Terms and Conditions.
Each User agrees that a failure to comply with any of the following shall be deemed as a breach of these Terms and Conditions.
 
A.A User shall not engage in any of the following.
If a User breaches obligations under these Terms and Conditions or interferes with the normal operation of the Service, the Company may restrict its use of the Service in gradually from a warning to temporary suspension and permanent suspension.
Notwithstanding the foregoing, the Company may immediately implement permanent suspension if a User violates the applicable laws and regulations by offering illegal programs in violation of the applicable copyright and computer related laws and regulations, obstructing the Service operation, committing illegal telecommunication and hacking actions in violation of the applicable telecommunication laws and regulations, distributing malware programs, etc.
Terms and details of the restriction of use under this Permission to Use and Restrictions will be determined in the Company use restriction policy and the individual operation policy of each Service.
If any use of the Service is restricted or a use agreement is terminated under this Permission to Use and Restrictions, the Company shall notify the User.
Any User may file an objection to a use restriction under this Permission to Use and Restrictions in accordance with the procedure provided by the Company. The Company will immediately reinstate the Service if the Company determines the User’s objection is justifiable.
 
(1)To collect another User’s personal information and date through the Service
 
(2)To use for commercial purposes, such as soliciting customers, any contact measures provided through the Service, including comment or message functions in the Forum website
 
(3)To target the Users of the Service and solicit customers for commercial purposes in relation to the Contents
 
(4)To use, reproduce, distribute, transmit, broadcast, display, sell, or grant a license for any Contents for other purposes in unlawful ways without the permission of the Company or the holder of rights in such Contents
 
(5)To evade or nullify (i) any security related function of the Service, (ii) any function to prevent or restrict the use or reproduction of the Contents, or (iii) any function to mandate restrictions on the use of the Service or the Contents accessible through the Service
Forum is undergoing constant innovation to provide the best possible Service to the Users. The form and nature of the Service may be changed at any time with or without an advance notice to the Users. The Company shall reserve the right to suspend (temporarily or permanently) any function of the Service whether it is notified to the Users in advance.
Each User shall be fully responsible for any breach of his/her obligations under these Terms and Conditions or any outcome of such breach (including any losses or damages that may be incurred by the Company) and the Company shall not be liable to any User or third party in this regard.
Each User shall comply with all applicable laws in using the Service.
 
6. Intellectual Property Rights to the Contents
In addition to general restrictions of the above, the following restrictions shall specifically apply to the use of the Contents by the Users.
 
A.The ownership or right to use any Marks to the Service and the Contents that can be used within the Service shall belong to the Company, provided that such rights of the Company shall be governed by the copyright laws and other applicable laws on intellectual property rights.
 
B.The Contents are provided to the Users as is. The Company is not responsible for the accuracy, usefulness, safety or related intellectual property rights of the Contents that can be used within the Service. The Users may encounter certain Contents in using the Service that may be considered inaccurate, unpleasant, or otherwise inappropriate. Each User agrees that he/she will not claim or seek any right or remedy, in law or equity, in this regard against the Company, and that, to the extent permitted under the law, he/she will warrant indemnification of the Company, its officers, directors, employees, shareholders, related and/or affiliated companies, licensors and licensees in all matters related to the use of the Service.
 
C.Each User may access to the Contents only to obtain information and for personal uses as indented in the functionality aspect of the Service and in the method permitted under these Terms and Conditions. The Company and its licensors shall reserve all rights in the Service and the Contents that are not expressly granted to the Users.
Each User shall be solely responsible his/her Contents and the outcome of his/her uploading and publicizing such Contents on the Service. The Company denies any and all liabilities for such Contents. The Company does not consent to or warrants the substance of any Contents provided to the Service by any User or other licensors.
 
D.The Company may reproduce, distribute or use for any and all purposes without any restrictions, including commercial purposes, any and all Contents including any User’s comments, ideas, feedbacks, or any other information provided to Forum by such User himself/herself. In addition, the Company does not request consent of or provide compensation to such User in engaging in the above referenced conduct.
 
E.The ownership and copyrights to the Contents of a User shall all belong to such User. Nonetheless, when the User displays, uploads or provides such Contents to or through the Company, the User shall be deemed to have granted the following rights.
 
(1)A worldwide, non-exclusive, royalty-free, sub-licensable, transferable, perpetual and irrevocable license to the Company to use the Contents for reproduction, distribution, performance, public transmission or for the creation of derivative works in relation to the Service and the operation of the Company. In particular, such license includes but without limitation the Service, in whole or in part, the right to promote, advertise and redistribute such Contents regardless of the format, media, utilization technology, and media channels.
 
G.The Company does not permit any conduct to infringe copyrights or intellectual property rights on the Service. Forum does not censor the Contents in advance and, upon receipt of a lawful notice that any Contents infringe intellectual property rights of a third party, the Company will suspend the reproduction or transmission of such Contents. If the Company suspends the reproduction or transmission of any Contents, the Company will notify the User as such.
 
H.Each User shall warrant that any Contents provided by him/her to the Service do not contain any material to which a third party owns copyrights or other intellectual property rights; provided that, however, this provision does not apply (i) if the User obtains permission from the lawful owner of such material or (ii) the Owner has the lawful right to do so otherwise so that the User is entitled to display such material and to grant all licenses as needed for such material.
 
I.Each User agrees not to display or upload any Contents or other data on the Service that is in violation of the applicable (local, national or international) laws or regulations.
 
J.If any Contents provided by a User infringe intellectual property rights and any other rights of a third party, then the User shall be solely liable and responsible for the foregoing infringement. In case any disputes or litigation come out or occur between the Company and the third party arising out of or due to the User’s breach of the above, the User shall fully defend the Company at its cost and responsibility and indemnify, defend and hold harmless the Company from and against any and all claims, losses, damages, obligations, charges, costs, liabilities and expenses (including but without limitation attorneys’ fees) that arise out of such disputes or litigation.
 
K.In case of any disputes that arise out of or in connection with any Contents provided by a User, the Company will not handle such disputes by conducting any activities to take measures to protect the User’s intellectual property right for and on behalf of the User.
 
7. Information Sharing and Advertisement
A.The Company may provide the Users with various information that is considered necessary to use the Service through public notices or via electronic mail; provided that each User may decline at any time receipt such electronic mails except for responses to translation related information requests or customer inquiries pursuant to the applicable laws and regulations.
 
B.The Company may place advertisements related to the Service operation via the Service-related application program screen, homepage, electronic mail, etc. The User may express to the Company it declines receipt of any electronic mails with an advertisement.
 
C.The Service provided by the Company includes advertisements in various forms such as banners, links, etc., which may lead to a page provided by a third-party.
 
D.If a User is led to a page provided by a third party under Section (3) above, which is not serviced by the Company, the Company does not warrant its credibility or stability and shall not be held liable for any damages incurred by the User.
 
8. Termination of Account
A.If any User repeatedly infringes other persons’ rights, the Company will suspend or terminate such User’s access to the Service.
 
B.The Company reserves the right to determine whether any Contents are in violation of these Terms and Conditions for any reasons other than copyright infringements (e.g., distributing pornography, being prohibited in other applicable laws or exceeding the permissible scope by the good morals or other social norms, uploading the Game Videos exceeding the permitted scale, etc.). The Company may, at its sole discretion and at any time without an advance notice, terminate any User’s Forum Account to prevent such User from deleting or transmitting any problematic Contents or uploading any data in violation of these Terms and Conditions.
 
C.These Terms and Conditions shall remain valid and in effect until they are terminated by a User or the Company in any of the following methods.
 
(1)A User may close his/her Forum Account if he/she desires to terminate the contractual relationship with the Company.
 
(2)The Company may terminate the contractual relationship with any User at any time in case of any of the following.
a.If such User has breached or it is obvious such User is likely to breach any provision of these Terms and Conditions; or
b.If the Company is legally required to terminate the contractual relationship with such User
 
(3)The Company may terminate the contractual relationship with a User in case of any of the following.
a.If the Company determines to discontinue providing the Service to the country where such User resides or uses the Service; or
b.If it is no longer commercially feasible for the Company to provide the Service to such User in the Company’s judgment.
Whether Paragraph (a) or (b) occurs, the Company will notify termination in a way as
reasonable as possible.
 
(4)Upon termination of these Terms and Conditions, all legal rights and obligations as applied to the User and the Company shall be nullified as of termination; provided that Clause 6 on intellectual property rights under these Terms and Conditions hereunder shall remain in effect.
 
9. Disclaimer
Each User shall be solely responsible for all risks related to the use of the Service. To the maximum extent permitted under the law, the Company and its officers, directors, employees and agents disclaim any and all warranties (whether express or implied) related to the use of the Service. The Service will be provided “as is” and “where is”. The Company does not make any warranties about the accuracy or completeness of any Contents on the Company’s website or of another website linked to the Company’s, and shall not bear any liability or responsibility arising out of the following grounds.
 
(I)Any error, negligence or inaccuracy of the Contents;
(II)Any personal injury or disaster arising out of an access to or use of the Service provided by the Company;
(III)Any unauthorized access to or use of the Company’s secured server and/or any personal and/or financial data stored therein;
(IV)Any interruption or interference in the transmission to or from the Service of the Company;
(V)Any bug, virus, Trojan horse, or anything equivalent that could be transmitted to the Service by a third party or through the Service; or
(VI)Any losses or damages arising from an error or omission in the Contents or the use of the Contents by the User as provided through the Service
The Company disclaims any warranty of or consent to and is not liable for the goods or services as advertised or provided by a third party through the Service, any hyperlinked service, functions on a banner, or other promotional materials. In addition, the Company is not a party to any transaction between a User and a third-party provider of goods and services, and has no responsibility to monitor such transactions. Regardless of the pertinent media or circumstances, each User shall make the best efforts to judge and pay attention with respect to the purchase of any goods and services.
 
10. Limitation of Liability
Under no circumstances shall the Company or its officers, directors, employees or agents be liable to any User for any incidental, special or consequential damages (including any loss of profit or business rights, any decline in reputation, or any loss of opportunities or data), either direct or indirect, that result from:
 
(I)Any error, negligence or inaccuracy of the Contents;
(II)All incidents of personal injury or disaster arising out of the access to or use of the Service provided by the Company;
(III)Any unauthorized access to or use of any secured server of the Company and/or any personal and/or financial data stored in such server;
(IV)Any interruption or suspension of transmission from or to the Service of the Company;
(V)Any bug, virus, Trojan horse, or anything equivalent thereto that could be transmitted to or through the Service through a third party; or
(VI)Any losses or damages incurred by an error or omission in the Contents or the use of any Contents by a User as provided through the Service
Notwithstanding the foregoing losses or damages as claimed are ground on warranty, contract, tort or other legal theories and the Company was made aware of the possibility of such losses or damages, the provisions of this Clause 9 shall apply to the limitation of liability to be borne by the Company. Limitation of liability as set forth in this Clause 9 shall be applied in any jurisdiction to the maximum extent permitted under the applicable laws.
In particular, each User acknowledges that the Company is not liable for any libel, slander, defamation or other unlawful act by any Contents or a third party and that such User shall be solely liable for the risk of any harm or loss arising out of the foregoing causes.
 
11. Indemnity
To the extent permitted under the laws and regulations, each User agrees to indemnify, defend and hold harmless the Company and its related and/or affiliated companies, officers, directors, employees and agents from and against any and all claims, losses, obligations, losses, charges, costs, liabilities and expenses (including but without limitation attorneys’ fees) that arise out of:
 
(I)Use of the Service by such User;
(II)Breach of any term under these Terms and Conditions by such User;
(III)Infringement of a third-party rights by such User including copyrights, property rights, personal data protection rights, etc.; or
(IV)Claim of losses incurred by a third party due to such User’s Contents.
Such obligation to indemnify and defend shall remain in effect after the expiration of
these Terms and Conditions or the use of the Service by such User.
 
12. Qualification to Accept
Each User warrants that he/she has attained the legal age of majority or obtained the consent of his/her legal parents or guardian, and is fully authorized to agree to the terms, obligations, confirmations, representations and warranties under these Terms and Conditions and to comply with these Terms and Conditions. As the Service shall not be provided to any minor under the age of fourteen (14), the Service may not be used under any circumstances by a User under the age of fourteen (14).
 
13. Assignment
No User may assign or transfer these Terms and Conditions or any rights or licenses granted hereunder while the Company may make an assignment without any restrictions.
 
14. Miscellaneous
 
A.These Terms and Conditions constitute an entire agreement between the Users and the Company, and all matter regarding the use of the Service by the Users shall be governed based hereon, and these Terms and Conditions completely supersede the existing agreements between the Users and the Company regarding the Service.
 
B.The Users agree that the Company may send to each User various notices on the amendment, modification, etc. of these Terms and Conditions via an electronic mail, regular mail, a notice screen on the Service, etc. If a User continues to use the Service after an amendment or modification hereof, it shall be deemed as such User’s consent to the amended or modified term.
 
C.A waiver or release of a particular provision under these Terms and Conditions shall not be construed to be a perpetual waiver or release of such provision and shall not be construed broadly as a waiver and/or release of other provisions under these Terms and Conditions. A failure of the Company to exercise any right or power it has under these Terms and Conditions shall not be construed as a waiver or release of such right or power.
 
D.If any particular provision under these Terms and Conditions is held invalid by the competent court having the jurisdiction over these Terms and Conditions, the pertinent provision shall be deleted from these Terms and Conditions and the remaining provision shall not be affected and will remain in full force and effect.
 
E.These Terms and Condition and the relationship between the Company and the Users hereunder shall be construed and governed by the laws of the Republic of Korea. The Seoul Central District Court shall have exclusive jurisdiction for all disputes between the Users and the Company that arise in connection with the Service. Notwithstanding the foregoing, each User agrees that the Company may seek equitable remedies such as an injunctive relief in any jurisdiction.
 
Addenda
(Effective Date) These Terms and Conditions will apply from 26 May 2016.
Published on 26 May 2016
Effective on 26 May 2016