Chapter 1: General Provisions
Article 1 (Purpose)
Article 2 (Changes of the Terms and Effectiveness Thereof)
1. The Terms take effect as the website (www.koreabrand.net, hereafter “Korea Brand Web”) operated by the Presidential Council for Nation Branding (hereafter “PCNB”) posts the Terms online. Provided that the Terms do not violate the relevant laws and regulations, they can be amended when a justifiable reason arises. The amended Terms take effect when posted online. Prior notice will be given of any amendment made to the important regulations, such as the rights and responsibility of the member.
2. Korea Brand Web may change the Terms if a reasonable cause arises. If the Terms are changed, prior notice will be given without delay.
3. If the member agrees with the Terms, it means that the member will check for any changes in the Terms by visiting Korea Brand Web regularly. Korea Brand Web will not bear any responsibility for any damages incurred by the member as a result of his/her unawareness of changes in the Terms.
4. The member may request membership withdrawal if the member does not agree with the changes in the Terms. If the member continues to use the service without expressing his/her intention of disagreement within 7 days of the effective date of the changed Terms, it will be deemed that the member agrees with the changed Terms.
Article 3 (Standing Rules Other than the Terms)
2. Any items or matters not specified in the Terms shall comply with the relevant laws and regulations and the guide to each service.
Article 4 (Definition of Terms and Words)
1. The words and terms used in these Terms are defined as follows.
(1) “Member” refers to a user who uses the membership service.
(3) “User ID (e-mail)” refers to the information submitted by the member to identify the member and permit his/her use of the service.
(4) “Password” refers to the combination of characters and numbers that is selected by the member, and which is designed to check whether the member is the one assigned with the user ID, and to protect the rights of the member.
(5) “Withdrawal” refers to the termination of the Terms by the member.
2. The words and terms used in the Terms conform to the relevant laws and regulations and the guide to each service, excluding the one defined in paragraph 1 of this article.
Chapter 2: Conclusion of the User Agreement
Article 5 (Conclusion of the User Agreement)
1. The user agreement is concluded on condition that the member agrees with the contents of the Terms and applies to use the service, and that Korea Brand Web accepts the application request.
2. The member declares his/her intention to join membership by pressing the [Agree] button in Korea Brand Web when applying for the service.
Article 6 (Service Use Application)
1. The user who wishes to use this service by joining the membership should provide various items of personal information (e-mail, password, name, age, gender, nationality, etc.) as requested by Korea Brand Web. If the member participates in service improvements or events, additional personal information may be requested with the member’s consent.
2. All members should submit their e-mail address, password, name, address, gender, nationality, and other items of information. If the submitted e-mail is incorrect, the contents of the service cannot be provided normally.
3. Korea Brand Web may classify service members by grade, in order to offer different access rights by dividing them into use time, number of use times, and service menu.
Article 7 (Personal Information Protection and Use)
1. Korea Brand Web shall endeavor to protect the personal information of the member including his/her member registration information according to the relevant laws and regulations. The relevant laws and regulations, as well as Korea Brand Web’s privacy statement, shall apply to the protection and use of the member’s personal information. However, the privacy statement of Korea Brand Web shall not apply to any linked websites other than the official website of Korea Brand Web. Korea Brand Web shall not bear any responsibility for information leaked due to a reason(s) attributable to the member.
2. In the following cases, KoreaBrand.net may provide personal information of the members, as provided by the related laws and regulations of the Republic of Korea:
- when requested by an investigative agency or other governmental organization;
- when required by other laws and regulations.
Article 8 (User ID Assignment, Change, etc.)
1. Korea Brand Web will use the user’s e-mail address as the user ID in accordance with the Terms.
2. The member should submit his/her proper e-mail address to obtain accurate information.
3. The member shall be responsible for managing the e-mail address and password. The member shall bear the responsibility for any damages arising from service use or illegal use by a third party due to the member’s careless management thereof, and Korea Brand Web will not bear any responsibility in this case.
4. The guide to each service shall apply to those issues related to the management and changes of the member’s personal information.
Chapter 3: Responsibilities of the Contracting Parties
Article 9 (Responsibilities of Korea Brand Web)
1. Korea Brand Web should make the service available from the date desired by the member, if no unforeseen situation occurs.
2. Korea Brand Web shall repair or recover any malfunction or lost facility without delay, if no unavoidable circumstances arise, in order to provide the service continuously and stably.
3. Korea Brand Web shall establish a security system to protect the member’s personal information, and give notice of and comply with the privacy statement.
Article 10 (Responsibilities of the Member)
1. The member shall input the correct information when joining the membership before using service.
2. The member shall comply with the regulations in the Terms, the various regulations set by Korea Brand Web, any public notices issued by Korea Brand Web, and the relevant rules and regulations. The member shall not behave in any manner which may disturb the business of Korea Brand Web.
3. The member shall bear all responsibility for any damages incurred due to his/her careless management of the e-mail address and password or their illegal use, except where Korea Brand Web is deemed to be responsible for such, in accordance with the relevant laws and regulations, and the privacy statement.
4. The member shall not conduct any business activities using the service without obtaining prior approval from Korea Brand Web. Korea Brand Web will bear no responsibility for any harmful results of such business activities. In addition, if the member inflicts harm or damages on Korea Brand Web due to such business activities, the member shall be liable to compensate Korea Brand Web, and Korea Brand Web may restrict the service use of the member in question and file a claim for damages through the due legal procedure.
5. The member shall not grant or transfer the service usage right or any other rights stipulated in the service use agreement, or offer such right as security without the explicit consent of Korea Brand Web.
6. The member shall not infringe the intellectual property rights of Korea Brand Web or any third party.
7. The member shall not commit any of the acts described below: If the member violates this regulation, Korea Brand Web may take due sanctions against the member, including service use restriction, and may have recourse to legal action against the member.
- If false information is submitted when applying for membership or when changing the member information;
- If the member steals another member’s ID and/or password;
- If the member trades his/her user ID with other parties;
- If the member represents himself/herself falsely as a member of staff, employee, or other relevant party of Korea Brand Web;
- If the member modifies the client program of Korea Brand Web without the special right granted by Korea Brand Web, or hacks the server, or modifies a part or the whole of the website, or posts information illegally;
- If the member harms the service, or disturbs the service intentionally;
- If the member duplicates information obtained from the service for purposes other than service use without prior permission, or uses it for publication or broadcasting, or provides it to a third party;
- If the member distributes information, texts, drawings, sounds, photos or moving pictures of an obscene nature, and which could disturb the public order or the established social mores and customs, via transmission, posting, e-mail, or other means;
- If the member distributes contents or a personal profile that violate other members reputation or privacy owing to their insulting content, via transmission, posting, e-mail, or other means;
- If the member makes fun of, threatens or intimidates other members, or continuously causes unpleasant feelings or inconvenience to a particular user;
- If the member’s act(s) and behavior are deemed to be related to a crime according to objective criteria;
- If the member commits other acts that violate the related laws and regulations.
Chapter 4: Service Use
Article 11 (Service Use Time)
1. As a general rule, Korea Brand Web will be open 24 hours a day 7 days a week, provided that no particular business or technical hindrance at Korea Brand Web necessitates an interruption of the service. However, Korea Brand Web can temporarily stop or interrupt the service at a specified date or time for regular system checks, extensions, and replacements. Temporary service interruption due to planned work will be notified online at Korea Brand Web in advance.
2. Korea Brand Web may stop the service temporarily without prior notice due to an unavoidable reason, such as the need for an urgent system check, extension, or replacement. Korea Brand Web may also discontinue the current service completely if Korea Brand Web determines it appropriate at its discretion, such as transition to a new service.
3. Korea Brand Web can restrict or stop the service partially or completely, if the service cannot be provided normally due to a national emergency, service facility malfunction, explosive increase of service use, etc. However, Korea Brand Web will notify members of the reason and duration in advance or afterwards in such cases.
4. Korea Brand Web is not under obligation to give advance notice if the service is stopped due to reasons beyond Korea Brand Web’s control (intentional shutdown of the system administrator, disk fault without operator’s error, system down, etc.). Notice will not be given if the system stops due to a deliberate act or error on the part of another party (i.e. the PC communication company or infrastructure service provider, etc.)
5. Korea Brand Web can split the service into particular categories, and specify an available time for each category. However, in this case, notification will be given.
Article 12 (Member’s Management of E-mail Address)
1. The member shall manage his/her e-mail address and password.
2. The member shall be responsible for any failure to manage his/her email address and password carefully or for any illegal use thereof by a third party when the member submit the e-mail address or password.
Article 13 (Postings Management)
Korea Brand Web can delete, move, or reject without prior notice any postings that fall into the following categories:
- If the contents are grievously insulting to another member(s) or to a third party, or cause disgrace upon them;
- If the member distributes contents that derange the public order or the established social customs and mores;
- If the contents encourage illegal copying or hacking;
- If the contents consist of advertisements aimed at generating profit;
- If the contents are deemed to be related with a crime according to objective criteria;
- If the contents violate another user’s or third party’s copyright or other rights;
- If the contents violate the posting rules defined by Korea Brand Web, or do not match the intended purpose of the bulletin board;
- If other contents violate the related laws and regulations.
Article 14 (Copyright of the Postings)
1. All copyrights or other intellectual property rights of all works provided by Korea Brand Web belong to the PCNB.
2. The member cannot use the data obtained from service for commercial purposes - such as duplication, transmission, publication, redistribution, broadcasting, processing, or selling – without obtaining prior permission from Korea Brand Web.
3. Korea Brand Web can delete, move, or refuse posting without prior notice, if Korea Brand Web determines that the contents or postings posted or registered with the service by the member fall under any of the categories provided in Article 13.
Article 15 (Information Provision)
1. Korea Brand Web may provide via e-mail or posting diverse items of information to members when recognized as necessary for the member’s service usage.
2. Korea Brand Web may request additional personal information to improve the service or introduce new services to the members provided that the member consents to such.
Chapter 5: Termination and Use Restriction
Article 16 (Changes to and Termination of the Agreement)
If the member wishes to terminate the use agreement, the member himself/herself should withdraw from the membership using the Withdrawal menu in Korea Brand Web.
Article 17 (Service Use Restriction)
1. Korea Brand Web may restrict the service use if the member violates the contents specified in Article 10 or commits any of the following acts when using the service.
- If the member grievously insults others or disturbs normal service use;
- If a relevant public agency such as the Information and Communication Ethics Committee requests correction;
- If the member posts commercial software or a cracked file;
- If the member posts obscene material that violates the detailed review rules of Article 7 of the Information and Communication Ethics Committee;
- If any of the member’s postings feature contents with anti-national intent;
- If the member copies or posts any article or item whose intellectual property right is protected;
- If the member hinders normal service operation.
2. According to the above regulation on usage restriction, Korea Brand Web can take action against malicious users without separate notice, such as temporary service interruption, initialization, and termination of the use agreement.
Chapter 6: Compensation for Damages and Miscellaneous Items
Article 18 (Compensation for Damages)
Korea Brand Web shall not bear any liability for any damages that do not comply with contents requirements described in the privacy statement regarding the free service provided by Korea Brand Web.
Article 19 (Exemption Clause)
1. Korea Brand Web shall be exempted from its obligation to provide the service if the service cannot be provided due to force majeure, natural disasters such as earthquake or flooding, war, riot, strike, or similar unavoidable circumstances.
2. Korea Brand Web shall be exempted from liability for damages attributable to service interruption or abnormal provision as caused by the communication service provider.
3. Korea Brand Web shall be exempted from responsibility for damages caused by an unavoidable situation, such as service facility maintenance, replacement, regular checks, construction work, etc.
4. Korea Brand Web shall bear no responsibility for malfunction or damages caused by the member’s own fault, whether willful or through negligence.
5. Korea Brand Web shall bear no responsibility for damages caused by a malfunction of the member’s computer, or for damages occasioned because the member submitted an incorrect or false personal profile and e-mail address.
6. Korea Brand Web shall bear no responsibility for the failure or loss of expected profits from the service.
7. Korea Brand Web shall bear no responsibility for damages caused by data obtained while using the service. In addition, Korea Brand Web shall bear no responsibility for any mental damage inflicted on the member by another member while using the service.
8. Korea Brand Web shall bear no responsibility for the contents, including the reliability and accuracy of various items of information, datum, and other facts posted by the member.
9. Korea Brand Web shall not be responsible for intervening in disputes regarding the service that arise among individual members or between the members and a third party. Also, Korea Brand Web shall not be responsible for compensation for damages resulting from such disputes.
10. Korea Brand Web shall not bear any responsibility for damages related to any service provided to the members free of charge.
11. Korea Brand Web shall not bear any responsibility for the privacy code and contents of other websites linked to Korea Brand Web.
Copyright Policy of Korea Brand Web
Please note the following guidelines regarding the copyrights of material published by Korea Brand Web.
1. All materials published by Korea Brand Web are protected by the Copyright Law, and belong to Korea Brand Web according to the Copyright Law, for which Korea Brand Web has the copyright in question. Therefore, the unauthorized duplication or distribution of any materials published by Korea Brand Web is prohibited in principle.
2. If anyone attempts to make profits from the data published by Korea Brand Web or obtain benefits that correspond to profit-making, that person/member should discuss the matter with Korea Brand Web in advance or obtain permission from Korea Brand Web. Even though the data is posted with discussion or permission from Korea Brand Web, it should be made explicit that Korea Brand Web is the source.
3. Web linking to the main web page of Korea Brand Web via another Internet site is allowed, but linking to detailed web pages (sub-domains) is not. In addition, if the main web page is linked, Korea Brand Web should be notified thereof immediately.
4. When the data at Korea Brand Web is posted by other Internet sites according to the due legal procedure, unauthorized contents alteration is prohibited with the exception of simple error corrections. If this provision is not complied with, criminal penalties may be imposed.
5. Korea Brand Web data can be cited for reporting, criticism, education, and research within the due legal scope and in accordance with fair practices. Even in this case, citation of the work should be limited to some parts only. If more than 10 percent of the entire contents are cited, it may be deemed a violation of the copyright.
6. Korea Brand Web data can be duplicated for personal use, home use or use of similar scope, if the data is not used for profit-making purposes. However, if any organization, including private companies, copies the contents for its internal use, duplication is not permitted even of that organization is a non-profit-making one.
7. Illegal duplication and/or distribution of Korea Brand Web data falls under the Copyright Law, Article 97 “Literary Work Property Right Violation”, and may result in imprisonment of not more than five years or a fine of not more than 50 million won.
8. For further details about the copyright policy, please contact the privacy protection manager of Korea Brand Web (firstname.lastname@example.org).
Refusing Unauthorized Collection of E-mail Addresses
Korea Brand Web refuses the unauthorized collection of posted e-mail addresses, either by using an e-mail address collection program or other technical device. Please note that if anyone collects the e-mail address in violation of this regulation, he/she will face criminal penalties.
[Posted on January 22, 2010]