- c. If INNOIO or an INNOIO distributor or partner who provides the service to or with INNOIO has decided to end the provision of the service in whole or part (Globally or in a specific country where the Customer resides or uses the service) or an INNOIO distributor or partner has decided to terminate all relationships with INNOIO (including a case in which INNOIO/an INNOIO distributor or partner has recognized that it is commercially impossible to provide the service in whole or part to the Customer or INNOIO, or provide the service with INNOIO).
- d. If INNOIO or an INNOIO distributor or partner who provides the service to or with INNOIO should end the provision of the service in whole or part according to relevant laws (for example, if the service in whole or part has become or is considered illegal according to changed relevant laws or a court’s judgment or decision).
4. Provision of Service and Restriction on the Service Usage
4.1. INNOIO provides the service to the Customer.
4.4. INNOIO may carry out any of the following without prior warning or notice any time according to his/her discretion.
- a. Changing the service, temporarily suspending and/or terminating the provision of the service in whole or part
- b. Temporarily or permanently disabling or suspending the service usage including access to the Customer’s user account and a file included in the user account of the Customer or other content
- c. Limiting the number of transmissions which the Customer can send or receive through the service or the size of storage space used for providing the service in whole or part to the Customer
- d. Preliminarily examining, reviewing, indicating with a flag, filtering, modifying, rejecting, refusing, blocking access to and removing content in whole or part provided through the service
4.5. INNOIO makes reasonable efforts commercially to (a) provide the service to the Customer without unreasonable suspension, failure or delay and (b) to minimize the service suspension, difficulty or delay.
4.6. The Customer may not use (or attempt to use) other services except for the service which INNOIO provides to the Customer through the interface, and the Customer may not use (or attempt to use) the service through an automated tool (including software and/or hardware), function, service or other methods (including scripts or web crawlers).
4.7. The Customer must observe and follow all guidelines provided by INNOIO with regard to the service, and the Customer must not get involved in any act which may cause failure or suspension to the service or all servers, networks or other equipment connected to the service.
4.8. Some services may be used via mobile network and may be especially useful when used via mobile network. The Customer should be aware that a network provider may charge for network access, the network connection period with a cellphone or mobile device and the amount of data used for the service. With regard to this, the Customer is fully responsible for confirming with the network provider that such fees may apply before using the service.
5.1. The Customer agrees that INNOIO places or presents advertisements for the purpose of promotion, promotional materials or other content, material or products to the Customer as a part of the service.
5.2. In any case, INNOIO will send a marketing e-mail or newsletter and attempt to make a direct telephone contact for marketing purpose only when the Customer has explicitly selected the reception of such information and communication when registering for the service.
6. Software, Software Update and Service Update
INNOIO may download and install updates (including firmware updates for equipment which the Customer has registered to the service) automatically if necessary (“software update”). Such software updates may be in various forms, and generally are provided for the purpose of improving the service or the performance, security and stability of a product of equipment used to access the service. Such updates may include debugging, functional improvement of the service in full or part, product or equipment update and functional information of previously installed software (including entire new versions).
7. Contents Provided in the Service and Contents Right
7.1. Creators of content are fully responsible for all content (audio and sound files, data files, images, music, pictures, software, video clips, and created text) (“content”) provided in the service or may be accessed as a part of service use or through the service use. Content may include advertisements, promotional materials, documents or other content for sponsorship.
7.2. Content may be protected by the ownership or intellectual property right of a third party (partner, advertiser, sponsor or his/her representative who provides such content to INNOIO). The Customer cannot modify, rent, lease, sell, distribute content in whole or part, or create a derivative product based on content or grant a license for content.
7.3. The Customer understands that the Customer may be exposed to the danger to encounter some unpleasant, inappropriate or impolite content by using the service and the Customer is fully responsible for such danger according to the service use.
8. User Contents and License for User Contents
8.1. The Customer allows INNOIO and other service users to use user content to the necessary limit for providing the service by providing any information, material, document, media file or other content (“user content”) in the service or through the service in a way including uploading, transmission, creation, posting and displaying, and in this regard the Customer grants an irrevocable, unrestricted, worldwide, free and non-proprietary license (“license for user content”) to copy, reproduce, apply, edit, distribute, translate, digitalize, publish, publicly execute, and publicly display user content to INNOIO and other service users. However, such license for user content applies only within the range of purpose of service under any circumstance.
8.2. The license for user content includes the right for INNOIO a) to carry out all technical steps necessary for process and preparation to allow user content to be used in the service including the provision of service to User and/or modifications and/or applications necessary for transmitting and distributing user content through public network and media, and b) provide user content and grant a license to a third party to allow the third party to use user content with regard to the provision of each service by the third party.
8.3. INNOIO does not claim ownership of user content and the Customer retains the copyright and other rights regarding user content provided in or through the service by the Customer.
8.4. The Customer is fully responsible for protecting and implementing any intellectual property right existing in or related to user content and INNOIO is under no obligation to protect and implement user content on behalf of the Customer.
8.5. The Customer is fully responsible for backing up user content saved in INNOIO or through the service at a different location outside the service in order to prevent loss of user content and other data (by creating a copy or backing up using a special online backup service, etc).
9. License for INNOIO’s Service
9.1. INNOIO and/or an INNOIO distributor or licensee hold all ownerships that may exist in the service including all legal rights, ownership, rights and interests, and global intellectual property rights regarding the service and retain the relevant authority regardless of registration or legal protection.
9.4. The Customer cannot a) grant a license to use the service or access the Customer’s account or service to another user or a third party, b) use the service in order to provide the service to another user or a third party, or c) transfer INNOIO license or accompanying rights in another method, re-grant such license, grant the security right, rent or lease the service and/or INNOIO license or transfer INNOIO license or accompanying rights in another method to a third party.
9.5. Unless it has been explicitly permitted in writing by INNOIO or according to the laws that apply to the Customer, the Customer may not copy, edit, modify, change or extract the source code of INNOIO service (in whole or part) in a method including creation of a derivative, reverse engineering, decompiling or other methods and the Customer may not approve or grant a license to do such to a third party.
10.1. INNOIO grants only the right to use services such as account, ID and content to the Customer according to the terms and conditions determined by INNOIO.
10.2. The Customer cannot remove, cover, hide, modify, or change a mark of ownership, symbol, copyright, service mark, company name, logo, or other marks of INNOIO or a third party related to, attached to or included in the service in another method (including a mark of copyright and trademark), and the Customer agrees not to use the symbol, trademark, service mark, company name, logo or other marks of INNOIO or a third party in a method which intends to, is possible to, or is expected to mislead, cause confusion to owners of such a mark, name or logo, license holders, or authorized users (according to circumstances). [Contents to remember regarding the protection of registration data, account data and personal information]
11. Data and User Account
11.1. When using the service, the Customer must provide information regarding himself/herself (“registration data”) in order to continue using the service.
11.2. The Customer must continually update registration data if necessary in order to provide and maintain complete and accurate current registration data.
11.3. In order to provide service and protect the right of information object, INNOIO may restrict the range of use, allowing the Customer to use the service with only one of several accounts that the Customer possesses. If necessary for such a purpose, INNOIO may utilize CI (Connecting Information: Verification result from an identity verification agency) for person verification.
12. Password and Account Security
12.1. In order to use the service, the Customer must open a user account and provide a user ID and password (“account data”).
12.2. The Customer must avoid using an ID or password that can be easily known, take caution not to disclose the password by changing the password periodically, always maintain account data safely in a method which does not allow other users or a third party to access account data or user account and prevent illegal access of a third party to account data and user account.
12.3. Since the Customer is obligated to keep and manage account data of the Customer safely according to Paragraph 12.3, INNOIO regards all acts that are carried out using account data of the Customer in INNOIO’s service as acts of the Customer.
12.4. The Customer must not use account or account data of another user or person who is not the Customer himself/herself without permission of the user or person who owns the relevant account.
12.5. If the Customer comes to know illegal use of his/her registration or account data or other security violation cases, the Customer must notify INNOIO immediately by sending an e-mail to http://www.innoio.com.
12.6. The Customer may access and change his/her registration or account data any time by accessing each INNOIO account application installed on a device which the Customer possesses or by visiting http://www.innoio.com.
13. Protection of Personal Information and Data
13.1. INNOIO makes all efforts to protect the personal information of the Customer. For how INNOIO protects and handles the personal data and information of the Customer when the Customer uses the service, refer to the policy of handling personal information of INNOIO at http://www.innoio.com. The Customer agrees that INNOIO may use the registration data, personal data and information of the Customer according to the policy of handling personal information of INNOIO.
13.2. INNOIO collects a minimum amount of personal information within a range required for providing the service when collecting the personal information of the Customer. Specifically, the essential personal information collected for creating an account is limited to ID, password, name, data of birth, nationality, CI (Connecting Information: Verification result from an identity verification agency), legal representative information (collected only when the Customer is under the age of 14), and any other information is collected upon the customer’s consent if necessary for using a separate service.
13.3. INNOIO does not restrict or refuse the provision of service for the reason that the Customer has refused to agree to the collection and use of personal information which is not an essential item when creating an account and using a separate service.
13.4. If INNOIO has received the consent of the Customer with regard to the collection and use of personal information, entrusted handling of personal information and provision of personal information to a third party, INNOIO will observe the method provided in the relevant laws and INNOIO will not hold that the consent column has been already marked. Additionally, INNOIO will specify the list of services that will be restricted if no consent is given when receiving the consent of the Customer.
13.5. The Customer may withdraw his/her content regarding personal information any time and request for reading or correction of his/her personal information held by INNOIO. INNOIO will take necessary measures promptly if INNOIO receives such a request from the Customer.
13.6. INNOIO implements technological and managerial measures specified in the relevant laws faithfully in order to protect the personal information of the Customer. Nevertheless, if an accident such as loss, theft, leakage, provision to a third party without consent or falsification occurs to the personal information of the Customer, INNOIO accepts responsibility for damage to the Customer according to reasons attributable to INNOIO.
13.7. When the purpose of collecting or receiving personal information has been accomplished, INNOIO will destroy the relevant personal information without delay unless the relevant personal information must be preserved by law.
14. Guarantee and Statement of the Customer
14.1. The Customer is fully responsible for user content provided by the Customer and all the consequences occurred with regard to such user content (including all the losses and damages occurred to INNOIO). Especially, the Customer provides a guarantee and makes a statement to INNOIO as follows:
- A. The Customer owns all the rights of user content or has the authority to grant a license for user content to INNOIO in a different way.
- B. User content does not infringe any intellectual property right or right of a third party.
- C. User content does not include any material that is harmful, inaccurate, obscene, violent, pornographic, abusive, illegal, or not conforming to relevant laws or the content guideline of INNOIO.
- D. User content does not include any computer virus, malicious software, code, or similar means and device which damages, harms, disables, affects in a different way or restricts the function and performance of a device which accesses the service and/or such user content. It is irrelevant whether this device belongs to INNOIO, other user, or a third party who has a server, network node, or similar equipment.
- E. User content observes the age classification rules and requirements (including accurate and appropriate user content classification and evaluation if necessary) according to the laws of all countries including the country where the Customer resides or uses the service.
- F. Even if INNOIO uses user content, no obligation to pay a cost (including license fee, charge and others) in any kind to a third party (i.e. a group that collects a usage fee) is imposed on INNOIO.
14.2. The Customer agrees to hold INNOIO not liable for all loses, damage, responsibilities or expenses occurred to INNOIO as a result of a breach of such a warranty.
15. Guarantee and Statement of INNOIO
- A. The service will fulfill all purposes, satisfies the Customer’s requirements, is provided without any error or defect or observes all quality levels if necessary.
- B. The service will always provided to the Customer without suspension, malfunction or delay.
- C. The service will not infringe a copyright or violate laws in a country where the Customer resides or anywhere else in the world.
- D. All the information (oral or written) that the Customer has obtained from INNOIO or by using the service (including materials or products) are appropriate, accurate, complete and/or reliable.
- E. All defects of the service including performance, operational or functional defects of service or software which are provided to the Customer as a part of service will be revised, corrected or relieved in a different way.
15.2. All documents or materials (including software and firmware updates) downloaded, installed through the service use, or obtained in a different way are provided on an “as-is” basis by INNOIO and the Customer accepts all relevant risks. INNOIO accepts no responsibility for damages to cellphones, software on cellphones, computer systems, other devices or software on the device, or data loss occurred through or caused as a result of downloading and/or using such documents or materials.
16. Responsibility of the Customer
16.1. The Customer is fully responsible for the violation of the Customer’s obligations as prescribed in any of the following subparagraphs.
- B. The Customer is fully responsible for results (including loss or damage which INNOIO or a third party may cause or suffer) from the violation of relevant laws or provisions at the place of jurisdiction including the place of his/her residence and service use. INNOIO accepts no responsibility to the Customer or a third party with regard to such violation.
17. Responsibility of INNOIO
17.1. Notwithstanding Paragraph 17.3, INNOIO holds no liability to the Customer with regard to the following. It is irrelevant to legal grounds or especially agreements, illegal acts (including negligence) or the theory of liability for negligence, and the same applies if INNOIO is already aware of such damage or loss.
- A. Any indirect, incidental, special or consequential loss
- B. Loss of any income, business, actual or expected profit, opportunity, business right or reputation (direct or indirect)
- C. Loss of certain data and/or damage (direct or indirect)
- D. Any loss or damage occurred due to the following:
- Ⅱ. a) Service (including software, information, documents and materials provided to the Customer as a part of service usage or while using the service) or b) results of a relationship or transaction between an advertiser or sponsor of an advertisement (including promotional material) provided while using the service or due to the service use by the Customer and the Customer or trust of the Customer on the appropriateness, accuracy, completeness, reliability or fact of existence of an advertisement
- Ⅲ. Change, modification, expansion, or restriction of service (including suspension of service use or access to the Customer’s account and account data or registration data) or permanent or temporary suspension of service (in whole or part), or
- Ⅳ. Use of account data of other person, not the Customer (regardless of whether the person himself/herself is aware or not). The Customer is fully responsible for compensating INNOIO for any damage and/or loss occurred due to use of the Customer’s account data by other parties.
- A. Responsibility for death, injury, fraud or according to the Product Liability Act
18. Force Majeure
19. Connection link to a third party’s site and other content
19.1. The service may include a hyperlink which is connected to the content resource and service of a third party including other websites (“external resources”). INNOIO holds no liability and control over the content (including advertisements, products and other materials) provided, become available and/or displayed to the Customer from such external resources, and INNOIO does not accept responsibility for any damage or loss due to content (including trust of the Customer on availability, accuracy, applicability, or completeness of the content) provided, became available to and/or displayed to the Customer from such external resources or caused by the Customer as a result.
[Other matters to remember]
22. Procedure of Claiming and Informing the Infringement of Intellectual Property Right and Other Rights
22.1. INNOIO may cancel, temporarily suspend, or deny access to (temporarily or permanently) the account of a user who has infringed the Copyright Act or violated other relevant laws repeatedly in response to a notice of suspicion for the infringement of the Copyright Act or the violation of other relevant laws according to relevant laws.
22.2. All notifications regarding the infringement of copyright by the service, content which is provided with or displayed on the service or user content should be sent to http://www.innoio.com.
23.1. The service may include confidential information of INNOIO including (but not limited to) any information which is designated as confidential information, can be recognized as trade or business secret or for other reasons or is provided to the Customer as confidential information.
23.3. If the confidential information of INNOIO must be disclosed according to relevant laws, Paragraph 23.1 does not apply. In such a case, the Customer must notify the disclosure of confidential information of INNOIO to INNOIO immediately as much as it is permitted in the relevant laws.
24. Damage Compensation and Dispute Resolution
For remedy for damage related to the content business among provided services or usage of content and the conciliation of dispute, a request for dispute resolution may be made to the Contents Dispute Resolution Committee according to Article 30 of the Contents Industry Promotion Act.
25. General Provisions