Article 1 Purpose
The purpose of the Terms is to regulate rights, obligations, responsibilities and other matters between CO.CC (hereinafter referred to as the “company”) and members in using services (hereinafter referred to as the “services”) provided by the company on its website (http://www.co.cc).
Article 2 Application of Terms
The Terms apply to all services provided by the “company” and other necessary matters.
Article 3 Definition
Definition used in the Terms is as follows. Any terms not specified in the Terms shall be as defined in the relevant laws. Other terms shall be according to ordinary commercial practice.
① “Website” refers to a virtual business place or service space configured by the company to provide its services to members using information and communication devices such as PC. The website indicates the following site where the services are provided through member accounts. *CO.CC
② “Member” refers to a person who registered as a member of the website by providing personal information to receive information from the website and continuously use the services provided by the website.
③ “Username” refers to the account registered by a member.
④ “CO.CC link” refers to a service web page opened by a member.
⑤ “Creator” refers to a person who was registered as a member according to the Terms of the company and aims to receive donations from other members by opening a “CO.CC link” in accordance with the Terms.
Article 4 Agreement, Explanation and Amendment of Terms
① The company may amend the Terms within the scope of not violating relevant laws such as the Act on Consumer Protection in Electronic Commerce, etc., Act on the Regulation of Terms and Conditions, Framework Act on Electronic Commerce, Digital Signature Act, Act on Promotion of Information and Communication Network Utilization and Information Protection, Act on Door-to-Door Sales, etc., and Consumer Protection Act.
② When amending the Terms, the company notifies the amendment along with the current version of the Terms, date of application and reason for amendment on the main page of the website, starting from 1 week before the date of application until the day before application.
③ If a member decides to continue using the services of the company after the date of application notified in accordance with paragraph 2, the member is deemed as to agree with the amended Terms. Members can cancel the service contract at any time if they do not agree with the amended Terms.
④ Members who do not agree with the amended Terms may request the company to withdraw membership.
⑤ Matters not specified in the Terms and interpretation shall follow the Guidelines for Consumer Protection in the Context of Electronic Transactions enacted by the government, relevant laws, or general commercial practice.
Article 5 Establishment and Characteristics of Service Contract
The service contract on selling of the services by a member is established when the company accepts the member’s agreement with the Terms and application for use. Immediately upon signing of the contract, the company acts as an agent to sell the services provided by the member, provides a payment system, and receives a prescribed commission fee for transactions.
Article 6 Application and Limitation
① The member applies for member registration by entering accurate member information according to the registration form provided by the company and expressing an intent to agree with the Terms.
② In one of the following cases, the company may postpone acceptance of application or limit the use of some services until the reason for limitation is resolved:
- If contents are determined to be false or there are reasonable grounds to suspect as such; or
- If acknowledged by the company as necessary.
③ The company may not accept application for use in the following cases:
- If the e-mail address is the same as an existing member;
- If the applicant uses someone else’s company name or personal name, or can arouse confusion;
- If the applicant enters false information or fails to enter details demanded by the company;
- If the applicant has an intent to hinder peace, order or fine custom of the society;
- If the applicant violates the Terms or relevant regulations of the company; or
- If other requirements set forth by the company have not been fulfilled.
④ In each of the following cases, the company may postpone establishment of the service contract until the reason is resolved:
- If there is a lack of service capacity;
- If there is a technical issue; or
- If there is a reason acknowledged to be equivalent to each of the above.
Article 7 Suspension of Services and Notification
① If messages stored in the services, messages sent and other communication messages cannot be stored or are deleted by a state of national emergency, blackout, facility error outside the managing scope of the company and other cases of force majeure, the company is not held liable for transfer failure and loss of communication data.
② If the company must temporarily suspend its services due to a difficulty of providing the services, the company may suspend the services after notifying it 1 week in advance. In this case, the company does not bear responsibility for members who fail to recognize the notification during this period. If there is a considerable reason, the advanced notification period can be shortened or omitted. In addition, the company is not held liable for failure of storage or deletion of any messages stored or sent by the services and other communication messages, transfer failure, and loss of communication data.
③ Paragraph 2 shall apply mutatis mutandis if the services need to be suspended permanently due to the circumstance of the company. In this case, the advanced notification period is 1 month.
④ If the company cannot provide the services properly due to a natural disaster, state of national emergency or legal restriction, the company may limit or suspend the services temporarily and shall notify the reason for and period of suspension to members before or after.
⑤ The company may modify, change and suspend the services temporarily after making advanced notification and shall not bear any responsibilities to members or third parties.
⑥ The company may suspend the services temporarily without prior notice for inevitable reasons such as emergency system maintenance, extension or replacement. The company may fully stop the services if the reason is deemed as appropriate, such as replacement by new services, etc.
⑦ Suspension is not notified if the services are suspended for a reason that cannot be controlled by the company (disk error without intent or mistake of the system administrator, system down, etc.), prior notice is impossible, or system is shut down by intent or mistake of PC communication company or telecommunication service provider, etc.).
⑧ If a member violates the Terms, the company may limit and suspend the service use or cancel the service contract without consent of the member. In this case, the company can restrict access of the member and delete any contents posted by the member in whole or part.
⑨ In the case of a long-term dormant member, the service use can be suspended after 1 week of notification via e-mail or announcement.
Article 8 Obligations for “Username” and Password
① Members are responsible for managing their “username” and password. Members are held liable for damages caused by careless management or unlawful use by a third party, and the company is not responsible.
Article 9 Changes to Contracted Matters
Members can view and modify their information at any time using member information functions on the services. If there are changes to matters entered when applying for the services, members shall modify personal information online or inform such changes to the company via other means like e-mail. Members are responsible for any disadvantages caused by failure to notify changes.
Article 10 Member Information Security
① Upon completion of the service registration procedure, members are required to maintain confidentiality of information entered. They are solely responsible for all consequences from the use of “username” and password.
② All responsibilities for managing “username” and password belong to members. If a member finds out that one’s “username” or password was used unlawfully, it must be reported to the company immediately. Members are solely responsible for not reporting.
③ The company does not bear responsibility for damages and losses that occur because members do not log out from the website after using the services or configure automatic login, resulting in stealing of member information by a third party.
Article 11 Use of Services
① The company starts the services after accepting request of members. However, some services may start on the designated date.
② If the services cannot be started due to a business or technical error of the company, it is announced on the website or notified to members.
③ In principle, the services are available 24 hours a day and throughout the year. However, the services can be suspended temporarily for a business or technical reason of the company. In this case, the company notifies it before or after suspension.
④ Some services are only available to certain members is demanded by service providers.
Article 12 Limitation on Service Use
① If information provided by a member is found to be false or there are reasonable grounds to suspect it, the company may suspend the service use of the member in part or whole. The company does not bear responsibility for any disadvantages.
② If a member violates Article 16 Obligations of Members or other clauses of the Terms, the company may limit or suspend the service use of the member. In this case, the company can prohibit access of the member.
Article 13 Provision of Information and Advertisement
① The company may provide information and advertisements that are acknowledged to be necessary during the service use of members via methods like e-mail, postal mail, SMS (Short Message Service), DM (Direct Mail) and messenger. Members can refuse to receive unwanted information.
② The company may post advertisements, etc. on the service screens, website, e-mail, etc. in relation to operation of the services. The company regards that members who intend to use the services agree with posting of advertisements.
③ The company does not bear responsibility for all losses and damages that occur when members engage in, communicate or transact sales promotion activities available in the services or with advertisers.
Article 14 Management and Operation of Posts
① Members who create posts have all rights and responsibilities for them, and the company cannot monitor all contents of the services posted or registered by members. The company may delete any contents without prior notice if they correspond to each of the following cases, and the company is not held liable for such deletion:
- If a member posts contents that violate the Terms or are determined to be commercial, illegal, obscene or indecent;
- If a member slanders or damages honor of another member or third party;
- If contents violate public order and fine custom;
- If there is a possibility that public order and fine custom can be hindered;
- If contents are acknowledged to be associated with criminal acts;
- If there is a possibility of being associated with criminal acts;
- If a member infringes or is concerned to infringe intellectual property rights and other rights of a third party;
- If information does not satisfy characteristics of the services;
- If a member causes harm to operation and maintenance of the services; or
- If relevant laws are violated.
② If posted contents lose validity after certain time and the purpose of maintaining them becomes uncertain, the company may delete the contents after 1 week of notification.
③ Members are solely responsible for any civil and criminal liabilities from infringing intellectual property rights of others.
④ Members cannot use information provided by the services commercially, such as processing and selling.
Article 15 Ownership of Company
① The company owns intellectual property rights and other rights related to the services provided, software programs, images, marks, logos, designs, service name, information and trademarks.
② Unless explicitly approved by the company, members cannot modify, lend, loan, sell, distribute, produce, transfer, re-license, set as security or use commercially each of the properties prescribed in paragraph 1 in whole or part. They cannot permit a third party to engage in such acts.
Article 16 Obligations of Company
① The company does not engage in any acts prohibited by the Terms, laws or fine custom. The company is obliged to provide stable services.
② The company does not disclose or distribute personal information of members to a third party without their consent. However, this shall not apply if legally demanded by a national authority, electrical communication laws, tax report and Korea Internet Safety Commission.
③ To ensure continuous and stable provision of the services, the company shall promptly repair or restore an error or destruction of facilities, unless there is an inevitable reason.
④ If the services provided by the company incur damages on members, the company only bears responsibility if the damages are caused by intent or gross negligence of the company. The scope of this responsibility is limited to ordinary damages.
⑤ If an opinion or complaint posed by a member is acknowledged to be reasonable, the company shall handle it quickly. However, if it cannot be handled quickly, the reason and handling schedule must be informed to the member.
⑥ The company strives to protect personal information of members including member registration information in accordance with relevant laws. Relevant laws and Article 18 shall be followed in relation to protection of personal information.
Article 17 Obligations of Members
① When registering to use the services, members shall provide complete information (hereinafter referred to as “registration information”) that matches current facts. They must renew information immediately when it is changed.
② Members shall comply with member information security in Article 9 to manage their username and password.
③ Members shall not engage in the following acts while using the services:
- An act of causing harm to others (including minorities);
- An act of using someone else’s username and password or disguising as someone else;
- An act of falsifying relationship with others or cause confusion;
- An act of damaging honor of others by telling facts or false facts for the purpose of slandering;
- An act of distributing false information for the purpose of gaining profit for self or others, or incur damages on others;
- An act of delivering speech, sound or text that arouses humiliation, hatred or fear;
- An act of making profit using the services without prior approval of the company;
- An act of stealing and using name of someone else using telecommunication services;
- An act of sending spam messages or posts on other websites to advertise the website;
- An act of posting unnecessary or unapproved advertisements and sales promotion materials or posting or sending via message or e-mail indecent or obscene data, text, software, music, photograph, graphic and video messages;
- An act of posting or sending via message or e-mail any contents without rights (all rights including intellectual property rights);
- An act of posting or sending via message or e-mail a software virus intended to destroy, disrupt or limit functions of computer software, hardware and telecommunciation devices;
- An act of collecting or saving personal information of other users by posting or sending via e-mail data that contain codes, files and programs of other computers;
- An act of gambling with properties or engaging in a speculative behavior;
- An act of brokering prostitution or distributing information that mediates obscene acts; and
- Other illegal or unfair acts.
Article 18 Personal Information Handling Policy
① The company collects member information provided upon registration. Personal information of members is used for the purpose of fulfilling the service contract and providing the services in accordance with the service contract.
② The company shall not disclose to a third party, distribute or use commercially member information acquired in relation to the services. However, this shall not apply in each of the following cases:
- If demanded by relevant agencies for investigation in accordance with relevant laws;
- If requested by Korea Internet Safety Commission;
- For tax report; or
- Otherwise requested according to the procedures in relevant laws.
Article 19 Notification to Members
When the company is notifying to a member, it can be sent via the e-mail address designated by the member in advance. When making notifications to unspecified many members, the company may replace notifications by announcing on the website for 1 week or longer. However, members shall be notified individually about matters that significantly affect their personal transactions.
Article 20 Terms and Conditions of Using Individual Services
The company can decide the terms and conditions of using individual services and obtain agreement of members for each service. In this case, such additional terms for individual services take priority over the Terms.
Article 21 Creation, Modification and Cancellation of “CO.CC Link”
① Members can create a “CO.CC link” in accordance with the procedure set forth by the company and post contents on the website.
② The company frequently checks whether contents disclosed by members agree with the following criteria and directions of the company:
- Whether contents violate relevant laws or hinder public order or fine custom;
- Whether there is an intent to damage honor or give disadvantage to others; and
- Whether operation and maintenance of the services are disrupted.
③ Each member has all rights and responsibilities for contents and files they created and provided. If contents registered by members correspond to each of the following cases, the company may delete them without prior notice and does not held liable:
- If member information or contents provided by members are determined to be false;
- If contents infringe property rights and other rights of a third party;
- If members post obscene materials or hyperlinks to obscene websites on the website or forum;
- If members illegally change or alter contents; or
- If members otherwise violate relevant laws.
④ There must be no false information, omission or error in contents registered by members. Members are solely responsible for any disadvantages that occur.
⑤ In relation to disputes that arise for the reason described in paragraph 4, members cannot claim responsibility and compensation against the company, its subsidiaries, affiliates (including the payment agency), agencies, executives and employees.
⑥ Some items cannot be changed or cancelled once payment (donation) takes place. If a member arbitrarily modifies, changes or deletes prohibited matters, the donor can take legal actions such as claim of compensation. The company does not bear responsibility for any disadvantages. This shall not apply if such change is made through mutual agreement.
⑦ Contents registered on a “CO.CC link” can be posted on the website or other related websites for the purpose of promotion or introduction.
Article 22 Settlement and Delivery of Money
① Sales of the company is the prescribed commission fee. The company delivers the entire payment excluding the commission fee to members. Members are obliged to pay taxes such as surtax on donation.
② Regardless of the reason, members cannot receive donations using a bank account possessed by different name. If a member cannot present a bank account possessed in one’s name, payment is cancelled. If payment cannot be cancelled, donations will be reverted to the company.
③ If donors request refund to the company, the company refunds donations using the payment method used by donors in accordance with the procedure notified in advance.
④ The company may show current donation amount, trend, and commission fee to members who own a “CO.CC link” with paid or payable contents.
⑤ Upon creation of a “CO.CC link”, members are obliged to post contents, quantities and schedules on the website and fulfill the details posted. If they fail to fulfill them or only fulfill them partially or differently on purpose, the company may recollect the entire payment provided to members or decide not to send the payment.
⑥ Members are obliged to faithfully respond to any inquiries of donors about their contents.
⑦ The company sends donation money according to the schedule agreed with members.
⑧ In relation to provision of donation money, the company sends donation money according to settlement information entered by members. Members are responsible for any problems that occur from omission or incorrect entry of this information.
Article 23 Intellectual Property Rights
① The company and members shall respect intellectual properties of third parties. The company may cancel the service use of members who either transact with other members who infringe intellectual properties of a third party or infringe them.
② If the company receives notification that contents or website domain name submitted and registered by a member infringe or are concerned to infringe copyrights or trademark rights of a third party, the company may block or remove the site.
③ If a member regards that one’s “CO.CC link” has been deleted or blocked by mistake or misunderstanding, the member shall submit a written notification that contains information below to the company, but the company is not obliged to respond to this:
- Digital signature or actual signature of members;
- Detailed description of the location of the “CO.CC link” where deleted or blocked contents were posted;
- A statement that the member’s “CO.CC link” was deleted or blocked by mistake or misunderstanding and a promise to bear legal responsibilities if such statement is found to be false; and
- Name, address, phone number and e-mail address of the member.
Article 24 Commission Fee
① Members can open a “CO.CC link” for free. The commission fee is charged when they use the platform.
② Members who receive donations bear the commission fee.
③ The commission fee policy is subject to change according to circumstances of the company. The company announces any changes in advance through the website. The changed commission fee also applies to existing recurring bills after 1 week is passed from announcement.
Article 25 Cancellation and Refund
① Regulations for cancellation and refund of payment shall comply with relevant laws such as the Act on Consumer Protection in Electronic Commerce, etc.
② If contents paid by a member fail to fulfill individual conditions set forth by the creator and cannot be started or completed, the company may refund the amount paid. If the payment was already sent to the creator, the creator is responsible for refunding.
③ Except for paragraph 2, cancellation of payment is only possible within the refund period in accordance with the Act on Consumer Protection in Electronic Commerce, etc. and the Enforcement Decree of the same Act. Refund becomes unavailable after this period.
④ If there is a reason to refund money paid already, it is cancelled or refunded as agreed between the corresponding creator and donating member.
⑤ The cancellation and refund fee differs according to the payment method, and the method of imposing the cancellation and refund fee can differ according to separate regulations of the company. If a member decides to cancel payment by simple change of mind, the member shall bear the refund commission fee.
⑥ The company can decide cancellation and refund regulations according to separate terms and conditions based on characteristics of individual services. In this case, cancellation and refund regulations according to such individual terms take priority.
⑦ A member who requests cancellation by simple change of mind shall compensate for damages to the other member or company. The amount of damage is the amount cancelled. Any matters related to cancellation and refund not regulated in the Terms and guidelines for the website shall follow the consumer damage compensation regulations.
Article 26 Membership Withdrawal and Disqualification
① Members can request withdrawal of membership at any time, and the company shall handle it in accordance with the regulations for membership withdrawal.
② In each of the following cases, the company may limit and suspend qualification of a member without prior notice:
- If the member registers false contents;
- If the member does not repay liabilities related to payment made on the website or use of the services;
- If the member threatens order of electronic transaction by disrupting others from using the services or stealing information;
- If the member engages in an act prohibited by laws and the Terms using the company or act disrupting public order and fine custom;
- An act of brokering prostitution or distributing information that mediates obscene acts;
- Spamming or posting on other websites to advertise the website;
- If the member can cause confusion in activities and sales of others or is suspected of infringing intellectual property rights;
- If the member has not logged in or received donations for over 1 year; or
- If the member violates or is suspected to have violated the Terms (Article 14 Management and Operation of Posts, Article 17 Obligations of Members, Article 23 Intellectual Property Rights, etc.).
③ If the company limits or suspends a member and the same act is repeated 2 times or more or the reason is not corrected within 30 days, the company may disqualify the member.
④ If the company disqualifies a member for the reason above, member registration is erased. The company is not responsible for erasure of information entered for the service use.
⑤ To prevent disqualified members from re-registering, the company may store information such as name, birthdate, etc.
Article 27 Transfer
Members cannot transfer or give their service rights and other contractual status to others, or provide them as security.
Article 28 Compensation for Damages
The company does not bear responsibility for any damages incurred on members in relation to the services provided, except for criminal acts committed b the company intentionally.
Article 29 Exemption Clause
① The company is exempted from its responsibility to provide the services if the services cannot be provided due to a natural disaster, war, legal restriction and other cases of force majuere.
② The company is exempted from its responsibility if damages are caused by suspension or abnormal provision of electrical communication services by telecommunication business operators.
③ The company is exempted from its responsibility for damages incurred by inevitable reasons such as maintenance, replacement, periodic inspection, construction, etc. of service facilities.
④ The company is not responsible for damages caused by computer errors or damages incurred by incorrect entry of personal information or e-mail address.
⑤ The company is not obliged to assure or represent any opinion or information expressed by members or third parties, and it does not approve of, oppose to, or modify opinions. Under any circumstances, the company is not responsible for gains and damages obtained or received by members from information included in the services.
⑥ The company does not bear any responsibility in relation to transaction of goods or money among members or between members and third parties, mediated by the services. The company does not bear responsibility for benefits expected by members in relation to the service user.
⑦ The company does not guarantee accuracy and reliability of information posted on the services by members or other related agencies. Therefore, the company does not bear responsibility for all types of losses and damages from using such information.
⑧ The company is not responsible for damages caused by intent or negligence of members in relation to the service use and psychological damages incurred by other members.
⑨ In default, the company mediates transaction of online contents through the website and is not a party of transaction unless specifically indicated as a party. Therefore, members are solely responsible for any legal disputes that arise with payers.
Article 30 Settlement of Disputes
The company installs and operates a damage compensation organization to collect proper opinions and complaints posed by members and to compensate for damages. The company preferentially handles complains and opinions submitted by members. If they cannot be handled quickly, the company notifies the reason and schedule to members immediately.
Article 31 Governing Laws and Competent Court
Laws of the Republic of Korea shall apply to interpretation of the Terms and settlement of disputes among members. Lawsuits between members and the company that arise during the service use are filed at the competent court in accordance with the Civil Procedure Code.
Article 1 (Enforcement Date) The Terms come into effect on December 22, 2018.