TERMS AND CONDITIONS OF USE

<2020.11.19>

1. Purpose

These Terms and Conditions of Use (“Terms of Use”) set forth the terms and conditions for the use and operation of “plco” application services (“Application”) provided by QMIT Inc. (“the Company”).

 

2. Definitions

The terms and definitions of these Terms of Use shall have the meaning specified as follows:

2-1. “Member” refers to a person who signs an Agreement for Use for the Application and uses the Application after the person registers by accepting these Terms of Use and providing his/her personal information.

2-2. “Agreement for Use” refers to a contract between the Application and a Member pertaining to the use of the Application.

2-3. “Password” refers to a combination of letters and numbers set by a Member to protect the Member’s rights and privacy and is used to confirm the Member’s identity by being matched with the Member’s given ID.

2-4. “Services” refer to all services provided by the Company via the Application.

2-5. “Homepage” refers to a website providing information regarding the Services (http://www.plco.site).

 

3. Effect of and Changes to the Terms of Use

3-1. These Terms of Use shall take effect when the Company notifies a Member of these Terms of Use by posting them on the Company’s Application or by using other methods (via text, e-mail, messenger or pop-up screen requesting acceptance at the time of a sign-in) and the Member accepts the terms and conditions to sign up for the Services.

3-2. The Company may modify these Terms of Use, if needed, to the extent that it does not violate relevant laws and regulations. In such case, the Company shall announce both the previous and modified versions of the Terms of Use, effective date and reasons for the modification for a period starting seven (7) days before the effective date and ending one (1) day before the effective date in a manner prescribed in Article 3.1. Provided, however, any change to a Member’s rights or obligations shall be announced or notified to the Member thirty (30) days before the effective date in a manner prescribed above.

3-3. A Member shall be deemed to have accepted the modified Terms of Use in case the Member does not expressly reject the modification even after the Company has announced or notified the Member of the modified Terms of Use in accordance with Article 3.2, stating that the Member will be deemed to have accepted the modified Terms of Use without the Member’s express rejection to the modification before the effective date of modification. A Member who does not accept the modified Terms of Use may not be able to use the Services and the Member may suspend use of Services and terminate the Agreement for Use. 

 

4. Privacy Policy and Operation Policy

4-1. The Company shall make every effort to protect a Member’s personal information, including the Member’s registration information, as prescribed by relevant laws and regulations.

4-2. A Member’s personal information shall be handled and protected in accordance with relevant laws and regulations and the Company’s privacy policy. Provided, however, the Company’s privacy policy does not apply to services provided on other linked sites or offered by a third party.

4-3. The Company may announce a separate operation policy if needed. In case such an operation policy overlaps with these Terms of Use, the operation policy shall precede.

 

5. Acceptance of the Agreement for Use of the Services

5-1. The Agreement for Use of the Services shall constitute a legally binding contract when the person who wishes to register as a Member to use the Application accepts these Terms of Use and the Company accepts the membership application.

5-2. The Company may reject a membership application or cancel membership in the following cases:

A. The applicant did not use his/her real name or used the name or other information of a third person;
B. The applicant provided untruthful information for application or failed to meet the application requirements;
C. The applicant tried to use the Services using an unauthorized or detour route in a country where the Company does not provide the Services;
D. The applicant tried to sign up for purposes prohibited under relevant laws and regulations or for purposes that undermine public order or social decency;
E. The applicant attempted to use the Services for profit; and/or
F. There are other causes equivalent to any item in this paragraph that cause the Company to find it inappropriate to accept the membership application.

5-3. The Company may suspend acceptance of a membership application until capacity issues with Services-related facilities or other technical or operational issues, if any, are resolved.

 

6. Application for Use of Services

6-1. A user who wishes to register as a Member and use the Application shall provide his/her information (name, date of birth, mobile phone number, e-mail address, password, nickname) as requested by the Application.

6-2. A Member who does not provide true and authentic information, i.e., by stealing another person’s information or entering fraudulent information, shall have no claims to any rights pertaining to the use of the Application and may be found punishable under relevant laws and regulations.

 

7. Obligations of the Company

7-1. The Company shall comply with the obligations set forth by relevant laws and regulations and these Terms of Use in good faith.

7-2. The Company shall make every effort to repair or restore, without delay, facility failures or data loss/damages that may occur while improving the Services in order to provide the Services in a more continuous and stable way, unless such inevitable situations as force majeure events, emergencies or failures/defects occur for which there currently are no technological solutions available.

 

8. Obligations of a Member

8-1. A member shall comply with these Terms of Use. A Member shall NOT:

A. Use fraudulent information or information of other people while applying for or using the Services;
B. Use another Member’s account without the Company’s consent;
C. Change information posted by the Company or cause disruptions to the Services;
D. Collect, save, post or distribute another Member’s personal information or account information without consent;
E. Copy, dissemble, imitate or otherwise modify the Services through reverse engineering, decompiling, disassembling or any other processing methods;
F. Give access rights to a third party, i.e., lending or transferring his/her account to a third party;
G. Infringe on personal rights or intellectual property rights of the Company and/or a third party, including the right of portrait, right of name, publicity right and copyright;
H. Damage the reputation of the Company and/or a third party or interfere with the business of the Company and/or a third party;
I. Impersonate employees or other related parties of the Company;
J. Post a message, video, audio or other content on the Application that is vulgar, violent or indecent, or post content that may cause other Members to feel disgust or anxiety;
K. Post the same or similar content or meaningless content repeatedly to flood message boards;
L. Use the Services for purposes other than as prescribed without the Company’s consent, such as for profit, sales promotion, advertisement, publicity, political activities or election campaigns, etc.;
M. Engage in acts that involve illegal or otherwise inappropriate means or purposes; and/or
N. Engage in acts that violate relevant laws and regulations.

 

 

9. Service Time

9-1. The Services shall be available for use on a 24/7 basis with no holidays or breaks except for technical or operational reasons.

9-2. The Company may suspend the Services temporarily without prior announcement or notice in cases of:

A. Urgent system checks, expansions, replacements, breakdowns or malfunctions;
B. National emergencies, power outages, natural disasters or other force majeure events equivalent thereto;
C. Suspension of telecommunications services by facilities-based telecommunications business operator set forth under the Telecommunications Business Act; or
D. Service disruptions due to capacity overload, etc.

9-3. In case of a service suspension due to any of the items in the preceding provision, the Company shall make prior notice of such suspension on the Application. Provided, however, in cases of service suspensions due to causes beyond the Company’s control and thus which cannot be announced in advance, these shall be notified afterwards.

 

10. Change to and Suspension of the Services

10-1. The Company may change the Services for operational and technical purposes to provide better Services. In case the Company modifies the Services in a way that results in removal of part of the Services, the Company shall notify the Member of such changes prior to the effective date of change on the Application

10-2. The Company may suspend the whole of the Services under circumstances in which the Company is unable to continue providing the Services due to business discontinuation such as business transfer, split, merge; expiration of a content offering agreement; or critical management issues such as dramatic drop in yearly profit. In such cases, the Company shall notify the Member of the service suspension on the landing screen of the Application or a linked page, stating the date and reason for the suspension, thirty (30) days before the suspension date, and notify the Members in ways prescribed in Article 17.1. or 17.2.

 

11. Restrictions on the Use of the Services

11-1. The Company may restrict a Member from using the Services in cases where the Member commits a breach of obligations in these Terms of Use or disrupts smooth operation of the Services.

11-2. In case the Company restricts a Member from using the Services in accordance with the preceding provision, the Company shall notify the Member of:

A. The reason for the restriction;
B. Details of the restriction; and
C. The appeals procedure.

11-3. In case the Member wishes to appeal the Company’s restriction decision, the Member shall submit an appeal letter with the reason for appeal to the Company via in-person delivery, e-mail or other method equivalent thereto within fourteen (14) days from the day the Member receives the Company’s notice of suspension. 

11-4. The Company shall respond to the reason of the appeal in the appeal letter via in-person delivery, e-mail or other method equivalent thereto within fourteen (14) days from the day the Company receives the appeal letter in the preceding provision. Provided, however, if the Company finds itself in a difficult situation to respond to the appeal letter within the aforementioned timeline, it shall notify the Member of the reason for delay and of an expected timeline.

11-5. In case the Company finds the reason of appeal valid, it shall take necessary measures accordingly.

 

12. Data Management

12-1. The Company shall be responsible for managing and operating data and content on the Application. The Company shall monitor “inappropriate” data and content at all times. Upon identifying or receiving reports of inappropriate data or content, the Company shall delete such data or content and notify the Member who posted said data or content. Bad data in these Terms of Use refers to data or content that:

A. Insults another Member or third party or damages the reputation thereof;
B. Distributes or provides links to content that undermines public order or social decency;
C. Promotes copyright infringement or hacking;
D. Constitutes for-profit advertisement;
E. Is objectively recognized as related to criminal activities;
F. Infringes on copyright or other rights of other Members or a third party; or
G. Involves other acts that are recognized to have violated these Terms of Use or relevant laws and regulations.

12-2. A Member shall be responsible for the content, posts, photos and other data that the Member has posted on the Application (“Member-Generated Data”). A Member shall not post any data that violates these Terms of Use.

12-3. Should the Company find any Member-Generated Data in breach of these Terms of Use or receives a request for action from public institutions such as the Information Communication Ethics Committee, the Company may delete or transfer such Member-Generated Data without the Member’s prior consent in accordance with relevant laws and regulations.

12-4. In case the Company receives a request for suspension regarding any Member-Generated Data from a third party raising rights infringement claims such as defamation or intellectual property rights, the Company may temporarily suspend posting (transmission) of such Member-Generated Data in accordance with relevant laws and regulations. The Company shall comply with the decision of the court of law, arbitration or other relevant institutions, which includes reposting the Member-generated Data in accordance with relevant laws and regulations.

 

13. Copyright

13-1. The copyright and intellectual property rights pertaining to all content created by the Company shall belong to the Company.

13-2. A Member shall not and shall not allow a third party to use information, whether as-is or altered, gained by using the Services provided by the Company for profit by copying, transmitting, editing, disclosing, displaying, distributing, broadcasting or producing secondary works of such information.

13-3. A Member shall defend, indemnify and hold the Company harmless from and against any and all losses, claims and damage arising out of the Member’s breach of intellectual property rights such as copyright.

13-4. Should a Member indicate the willingness to share his/her Member-Generated Data on a social network, other websites or applications, the Company may post such Member-Generated Data thereon.

13-5. The Company shall use Member-Generated data in a limited fashion in accordance with relevant laws and regulations such as displaying such data within the scope of the Services; utilizing such data for promotion of the Services; using such data for operation, improvement and new service development; legal compliance; and displaying of such data on external websites with the Member’s consent. In cases where the Member has given separate consent, however, the Company may use such Member-Generated Data accordingly.

 

 

14. Termination

14-1. In case a Member wishes to discontinue using the Services, the Member may terminate the Agreement for Use of the Services at any time by cancelling his/her account. Once a Member cancels his/her account, the Member’s service use data retained in the Services shall be deleted and become unrestorable unless the privacy policy dictates otherwise.

14-2. The Company may at its discretion suspend a Member’s use of the Services or terminate the Agreement for Use of the Services for material causes that deem this Agreement unmaintainable such as, without limitation, breach of these Terms of Use and violation of laws or regulations.

 

15. Indemnity

15-1. The Company and a Member shall indemnify each other in case one party violates these Terms of Use causing damage or loss to the other party. Provided, however, neither party shall be liable for damage or loss that did not arise out of willful misconduct or gross negligence.

15-2. Should the Company sign an affiliate service agreement with an independent service provider to offer independent services to Members, the independent service provider shall be liable for any damage or loss incurred to a Member caused by either willful misconduct or gross negligence of the independence service provider after the Member has accepted a separate terms of use with the independent service provider.

 

 

16. Limitation of Liability

16-1. The Company shall not be liable for provision of the Services in cases where the Services cannot be provided due to natural disasters, power outages, disruptions of communications provided by other telecommunications service providers, or any other force majeure events equivalent thereto.

16-2. The Company shall not be liable for any damage caused by maintenance, replacement, regular inspections, or construction of facilities used for the Services, or any other causes equivalent thereto, unless such damage is attributable to an intentional or grossly negligent act of the Company.

16-3. The Company shall not be liable for any disruptions in use of the Services caused by an intentional or grossly negligent act of a Member, unless the Member has an inevitable or a legitimate reason.

16-4. The Company shall not be held responsible for reliability or accuracy of information or content posted by a Member in relation to the Services, unless the Company has committed an intentional or grossly negligent act.

16-5. The Company has no obligations to involve itself in any transactions or disputes arising from or in relation to the Services between Members or between a Member and a third party, and the Company shall not be liable for any damages arising from such transactions or disputes.

16-6. The Company shall not be liable for any damages incurred to a Member in relation to the use of the Services provided for free, unless such damage is attributable to an intentional or grossly negligent act of the Company.

16-7. The Company shall not be held responsible for a Member’s failure to gain benefits or loss of such benefits that the Member expected from using the Services.

16-8. The Company shall not be liable for any third-party payment attributable to a Member’s improper management of a password for a mobile device, or a password for a Member’s SNS account used for Application log-in, unless such third-party payment is attributable to an intentional or grossly negligent act of the Company.

16-9. The Company shall not be held responsible for disruptions in the use of content, in its entirety or part, caused by a change of a mobile device, a mobile device number, or operating system; international roaming; or a change of a network provider by the Member, unless such disruptions are attributable to an intentional or grossly negligent act of the Company.

16-10. The Company shall not be held responsible for any content or account information deleted by a Member, unless it is attributable to an intentional or grossly negligent act of the Company.

16-11. The Company shall not be liable for damage incurred to a user who is not a registered Member caused by use of the Services, unless such damage is attributable to an intentional or grossly negligent act of the Company.

16-12. The Application may display advertisements or services provided by a third party. When a Member accesses a third-party advertisement or service, such service provided by the third party is not in the scope of the Services of the Company. The Company shall not be held responsible for reliability or security of such service, nor be liable for damages incurred to a Member arising from the use of the third-party service, unless the incurrence of such damage is facilitated through an intentional or grossly negligent act of the Company, or the Company fails to provide a prevention measure for such damage.

16-13. The Company shall not be liable for damages incurred to a Member arising from system disruptions that cannot be controlled by the Company, system disruptions caused by third party attacks, or computer viruses for which a reputable domestic or intentional research institute or security firm has not developed a countermeasure, unless attributable to an intentional or grossly negligent act of the Company.

 

 

17. Notice

17-1. The Company may notify a Member by e-mail, electronic memo, in-app note, push alert, SMS/MMS, or SNS message.

17-2. For communication to all Members, the Company may substitute individual notification as stated in Article 17.1 by posting a notice or displaying a pop-up screen in the Application or the Homepage for seven (7) or more days.

 

 

18. Jurisdiction and Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Korea. Any lawsuits related to disputes between the Company and a Member shall be brought to a competent court under the Civil Procedure Act of the Republic of Korea. 

 

19. Complaint Resolution and Dispute Settlement

19-1. The Company shall display on the Application the procedures for making suggestions or filing a complaint for the convenience of Members.

19-2. Should the Company find the Member’s suggestion or compliant valid, the Company shall resolve it in a reasonably swift manner, provided that the Company shall notify the Member of the reasons for delayed resolution and expected timeline in the Services or in accordance with Article 17.1. in such cases where a longer period of time is required to resolve such complaint.

 

Addendum 2

These Terms of Use shall be effective from November 19, 2020.