Terms of Use
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Article 1. Purpose The purpose of this Terms and Conditions of Use (hereinafter referred to as “Terms and Conditions”) is to stipulate conditions for membership, related matters and other requirements for users to avail the internet based services (hereinafter referred to as “Services”) offered on http://swing.parongolf.com or http://www.paronscreen.com (hereinafter referred to as “Website”) by PARON TECH Co., Ltd. and its affiliate companies (hereinafter referred to as “Company”). Article 2. Terms and Definitions 1. The following terms and definitions shall apply to the Terms and Conditions: a) ‘Member’ is an individual user who agrees to the Terms and Conditions and Privacy Policy, and enters into a user agreement to use the Services on an ongoing basis. b) ‘Site’ is an offline store at which PARON Screen products approved by the Company for providing Services are installed. c) “Storeowner” is an individual who purchased PARON Screen products that the Company sells to operate them at his/her store on a commercial basis. d) ‘User Agreement’ pertains to all types of agreements including the Terms and Conditions entered by and between the Company and the Member with respect to the use of Services. e) ‘User ID’ is a unique combination of letters and numbers that the Company assigns to the Member, upon request by the Member, for identification of his/her membership and use of Services. f) ‘Password’ is a unique combination of letters and numbers that the Member configures and registers with the Company in order to enable verification of his/her membership as identified by the User ID. g) ‘Post’ is a set of texts, images, various types of files and links posted by the Company or Member using the Services. h) ‘User’ is an individual with or without membership who uses the Services offered by the Company. i) ‘Non-member’ is an individual without membership who uses the Services offered by the Company. 2. Terms and definitions used in the Terms and Conditions but not defined in Articles 1 or 2 shall be based on applicable laws and regulations and general practices. Article 3. Publication of and changes to Terms and Conditions 1. The Company shall indicate Terms and Conditions, Company name, name(s) of representative(s), physical location of its business units (including the one assigned to handle customer complaints), phone number, facsimile number, e-mail address, business registration number, mail order business registration number and name(s) of privacy manager(s) so that the users can review these contents on the initial service screen on the Website. However, the Company may provide a link to the details of Terms and Conditions. 2. The Company may change Terms and Conditions to the extent that such changes do not violate relevant laws and regulations. 3. Where the Company changes Terms and Conditions, applicable date of such changes and reasons for changes shall be posted together with the existing Terms and Conditions on the Website at least seven (7) days prior to application of the changes in order for such changes to be in full effect. 4. Member shall visit the Website on a regular basis in order to check any changes to the Terms and Conditions. The Company is not responsible for any damage incurred by the Member’s ignorance of changes to the Terms and Conditions. 5. Where the Member does not agree to the changed Terms and Conditions, he/she may request withdrawal of his/her membership from the Company (terminate user agreement) at any time or express his/her opinion on the part in Terms and Conditions that he/she does not agree to.. However, if notification for the changes to Terms and Conditions is made in accordance with 3 of Article 3 and the Member does not request withdrawal of his/her membership from the Company after changes have been applied, it shall be deemed that the Member agrees to the changed Terms and Conditions. Article 4. Rules Other Than Terms and Conditions The Company may stipulate separate Terms and Conditions and operational principles (hereinafter referred to as “Separate Terms”) for individual items within the Services as required. Where there are conflicts between Terms and Conditions and Separate Terms, Separate Terms shall prevail. Article 5. Commencement of User Agreement User Agreement is entered into when the user agrees to the Terms and Conditions, applies for use of Services to the Company and the Company approves the application. Article 6. Application for Use of Services 1. Users applying for membership shall agree to the Terms and Conditions and provide necessary information such as their user IDs, passwords, names and contact information as required by the Company (hereinafter referred to as “Necessary Information”). 2. All members shall provide their user information to use the available Services and members who misuse other people’s information or provide false information cannot claim any rights with respect to the use of Services and such wrongful use may be subject to penalty according to the relevant laws and regulations. 3. The Company may classify membership into different levels based on times, frequencies and service menus for specific members. The Company or those assigned by the Company may request information from users applying for membership. Such information shall strictly be used to process the users’ application for membership. Article 7. Approval and Restriction of Application 1. The Company accepts applications for the use of Services in accordance with Articles 5 & 6 in that order. The Company may withhold its acceptance of applications in the following cases: a) The application does not include authentic information; b) The application is intended to violate the existing laws and regulations and disturb social peace, order and custom; c) The application is intended for unlawful purposes such as gambling; d) The application is intended to use the Services on a commercial basis; e) The application is made by competitors; f) The application is made by a user whose membership was withdrawn on an earlier occasion due to violation of laws, regulations and Terms and Conditions; g) The application violates other legal requirements and Terms and Conditions. 2. The Company may withhold its acceptance of applications in the following cases until reasons for withholding are resolved: a) The Company is not able to accept applications due to facility conditions; b) The Company is not able to accept applications due to technical reasons; c) The Company is not able to accept applications due to other business reasons. 3. The Company may withhold its acceptance of applications where the applications fall within the following cases. Such applications shall remain in hold until reasons for withholding are resolved: 4. The Company may withhold its acceptance of applications where the applications are made by those who are less than 20 years of age as defined by each service. The Company may withdraw its acceptance of applications after membership is granted for the cases described in 2 of Article 7. Article 8. Protection and Use of Private Information 1. The Company shall exercise due care in protection of private information provided by the users in accordance with its privacy policy and relevant laws and regulations. 2. Such privacy policies do not apply to websites linked to the main Website. 3. The Member shall strictly manage his//her private information such as password, which is not to be disclosed to any third party. The Company will not be responsible for loss/ damage ensuing from disclosure of such private information due to the Member’s negligence. 4. The Company shall not disclose private information provided by the Member to any third party without his/her consent except in the following cases: Where judicial authority or other governmental organizations request disclosure of such private information; Where disclosure of such private information is required for investigating fraudulent acts such as violation of laws and regulations, and the Terms and Conditions; Where the Company needs to provide minimum information (names, physical addresses and phone numbers) required for a courier service to deliver products to specific Members; Where the Company provides such private information without personal identification for the purposes of statistical surveys, academic researches or market researches; Where such private information is required to clear payment for trading of goods; Where the Company needs to verify identification of specific Members; Where such private information is required by the law or any court order 5. The Company is not responsible for disclosure of private information where such disclosure is made by the Members to other parties except the Company. 6. The Company shall collect minimum information from users as required for providing Services. Minimum information pertain to the following and any other information is optional: a) Names; b) Physical addresses; c) Phone numbers; d) User IDs (for Members); e) Passwords (for Members); f) Email addresses (or mobile phone numbers). 7. Where the Company collects private information of users, the Company shall seek consent of those users. 8. Where the Company seeks consent of users in accordance with Articles 4 & 7, it shall notify the purpose of collection and use of the personal information, items of personal information that it intends to collect and the period of time during which it intends to possess and use the personal information in accordance with Article 22, (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. along with identification of the private information manager (organization, name, phone number and other contact information) in advance and the users may withdraw their consent to this notification. 9. The Users can request the Company access to their private information and amend such information, and the Company shall fulfill such request immediately. Where the users request amendments to errors or mistakes in their private information, the Company shall not use such private information until the errors or mistakes have been corrected. 10. The Company shall limit the number of privacy managers for protection of private information and be liable for damages to users incurred by any loss, theft, leak and falsification of such information. 11. The Company or any third party to whom the Company provides private information shall immediately discard such information once the purpose of collecting the private information is fulfilled. Article 9. Assignment of and Changes to User IDs 1. The Company assigns user IDs to its Members in accordance with the Terms and Conditions. 2. User IDs are not changeable in principle. However, if is inevitable for the users to change their IDs, they shall withdraw their membership and then apply for a new membership. 3. User IDs on the Website may be connected to those of other websites operated by the Company or its subsidiaries subject to consent of the users. 4. User IDs can be changed or suspended at the Company’s discretion in the following cases: a) Where the user IDs are composed of private information such as phone numbers that might lead to invasion of privacy; b) Where the user IDs offend other people or are against social customs; c) Where the user IDs are identical to or may lead to mistaken identity in Services or service providers of the Company; d) Where there are rational reasons to change or suspend the user IDs. 5. Members shall be solely responsible for the management of their user IDs and passwords. The Company is not responsible for damages to users caused by misuse or wrongful use by any third party due to the users’ negligence. 6. Matters related to management of and changes to private information not described herewith shall be handled based on the rules specified for each service. Article 10. Obligations of the Company 1. The Company shall enable Members to use Services from the date they requested unless it has a rational reason not to do so. 2. Where there are obstacles or loss of facilities or equipment that render stable provision of Services difficult, the Company shall immediately repair or restore such facilities or equipment unless it has rational reason not to do so. 3. The Company shall make its privacy policy publicly available and exercise due care to protect private information of its Members. 4. The Company shall immediately process opinions or complaints received from its Members in a proper manner as long as such opinions or complaints are considered objective and reasonable. Where it is not practical for the Company to process such opinions or complaints immediately, it shall notify its Members the reasons not to do so and establish schedules to process such feedback Article 11. Obligations of Members 1. The Members shall provide authentic information when applying for membership or changing their private information. 2. Where the Members provide false information or private information of others when applying for membership, they shall not claim any rights related to this User Agreement or other incidental rights. 3. Members shall comply with relevant laws and regulations, Terms and Conditions, Separate Terms, and notices. 4. Members shall not be involved in any action or behavior that may disturb the Company’s businesses, harm its reputation or damage others. 5. Members shall immediately notify the Company of any changes to their private information by means of changing their membership information or other valid means. The Company is not responsible for any damages to Members caused by their negligence of this obligation. 6. Members shall not be involved in any commercial activities through the Services without prior approval of the Company and the Company shall not be responsible for any damages to Members caused by such activities. Where the Company suffers damages by such activities, it retains the right to limit the Member’s use of Services and claim for indemnification. 7. Members shall not be involved in transfer, bestowal or provision of security for their membership and their status as Members without consent of the Company. 8. Members shall not be involved in any action or behavior that infringes the rights including intellectual property rights of the Company and any third party or engage in action or behavior that falls within Article 18. Article 12. Service Time 1. In principle, Services on the Website can be used for 24 hours every day unless there are problems in the day-to-day operation of the Company or technical errors. However, the Company may suspend their Services for a certain time period for system maintenance and service improvements and it shall notify about such temporary suspension of Services due to planned works on the Website in advance. 2. The Company may temporarily suspend a part or whole of Services without prior notice in the following situations and cases: emergent system maintenance, service improvements, replacement, massive use of its facilities and equipment, national emergency situations, or blackouts. 3. The Company may suspend a part of or whole of Services for the purpose of service improvements or other business reasons subject to prior notification to its Members. Article 13. Posts by Members 1. Members shall be solely responsible for any problems caused by their posts published on the Website. The Company may temporarily withdraw, edit, delete, relocate or refuse registration of posts by Members without Members’ prior consent for the following cases: a) Where the posts offend or harm reputation of any third party; b) Where the posts include contents or links to contents that are against public order and social custom; c) Where the posts encourage illegal reproduction or hacking; d) Where the posts are for commercial purposes; e) Where the posts are objectively considered to have connection to crimes; f) Where the posts infringe copyrights or intellectual properties of any third party; g) Where the posts include political or religious contents that the Company considers not to be in line with its Services; h) Where the posts violate rules defined by the Company or are not in line with the nature of its Services; i) Where the posts violate relevant laws and regulations. 3. The Company may temporarily withhold posts where it receives request to display such posts, if the Company recognizes the posts to have issues such as copyright infringement, defamation, or intellectual property infringement by a third party. 4. Where the posts are temporarily suspended for display, Members who registered such posts may request to display their posts. The Company may display such posts again where it recognizes that the request is reasonable. However, where such posts involve court rules, arbitrations, reconciliations or agreements between those who requested to stop displaying such posts and Members who registered such posts, the Company shall make its decision based on those rules, arbitrations, reconciliations or agreements. Article 14. Copyrights of Posts 1. The Company retains all copyrights and intellectual properties pertaining to its posts. 2. Members retain the copyrights to their posts. However, the Company may use such posts without prior approval of its Members for the purposes of service operation, exhibition, transmission, distribution and promotion for free in accordance with reasonable and fair practices as defined by the copyright laws as follows: a) The Company may modify posts by its Members by reproduction, edition, revision, alteration, exhibition, transmission and distribution to the extent that copyrights of such posts are not infringed upon. b) The Company may allow media and partners of communication and other services to exhibit or promote such posts. However, in such cases, the Company shall not provide private information of those Members who created the original post, except their user IDs, without their prior consent. 3. The Company shall seek consent of its Members by means of phone calls, facsimile or email communication where it wishes to use their posts in a manner that is not described above. 4. Where Members withdraw their membership, all the posts recorded on their accounts may be deleted. Article 15. Provision of Information 1. The Company may provide information that is deemed necessary for Members to use the Services by means of e-mails, letters, mailing, SMS and phone calls. 2. The Company may collect additional private information subject to consent of its Members for the purposes of service improvements and introduction of new service components in accordance with relevant laws and regulations. Article 16. Advertising and Transactions with Advertisers 1. Since part of the Company’s investments into Services is generated from advertising on the Website, it is essential that Members agree to the display of advertising on the Website while using Services. 2. Where there are transactions between advertisers and Members through promotional activities by the advertisers on Website, the Company is not responsible for any damages to Members caused by such transactions. Article 17. Amendments to and Termination of User Agreement 1. Where Members wish to terminate the User Agreement, they shall withdraw their membership from the Company. 2. Where the Company wishes to terminate User Agreement with specific Members, it shall notify them of its intention to withdraw their membership in accordance with its privacy policy and offer a chance for them to prove that they are eligible to use the Services before the Company withdraws their membership. 3. Where the Company amends Terms and Conditions, it shall notify the application date and reasons for amendments together with existing Terms and Conditions on the initial screen of the Website at least seven (7) days prior to the application date. Article 18. Limitation on Use of Services The Company may limit, reset or terminate the User Agreement with specific Members where they violate Article 11 of Terms and Conditions or for the following cases while using the Services: a) Where Members use false information in place of their private information or exploit user IDs, passwords, or other private information of others; b) Where Members trade their user IDs with others or provide them to others; c) Where Members use emails or other means to send, post or distribute content, text, figures, sounds or videos that are against public order and social custom, are vulgar or obscene, or are intended to harm the reputation or invade privacy of others; d) Where Members taunt or threat other users or continue to cause pain or inconvenience to specific users; e) Where Members alter the Company’s client programs, hack the Company’s server or modify part or whole of information posted on the Website without authorization from the Company; f) Where Members reproduce, publish or broadcast information obtained while using Services without prior consent of the Company or disclose such information to any third party; g) Where Members impersonate administrators, employees or related personnel of the Company or intentionally cause disturbances rendering it difficult for the Company to provide normal Services; h) Where relevant public organizations such as the Korea Communications Standards Commission request corrective actions; i) Where Members did not use the Services for more than three (3) months; j) Where Members violate relevant laws and regulations and rules specified by the Company including the Terms and Conditions. Article 19. Indemnification 1. The Company and users shall indemnify the counterparty for damages caused by negligence or fault in relation to use of the Services. 2. The Company shall not be liable for any damages with respect to the Services offered free of cost to its Members, unless the Company violates any provisions of its privacy policy. Article 20. Disclaimer 1. The Company shall not be liable for provision of Services where it is not able to provide Services due to Force Majeure such as natural disasters, wars, suspended services by utility providers or other equivalent reasons. 2. The Company shall not be liable for damages caused by facility repair, replacement, regular maintenance and construction works reasonably deemed necessary. 3. The Company shall not be liable for any damages incurred by malfunction of Members’ computers or incorrect private information including email addresses provided by Members. 4. The Company shall not be liable for lack or loss of profits that the Members expected while using Services and any damages to Members caused by information they obtained while using these Services. 5. The Company shall not be liable for the reliability and accuracy of various data, information and facts provided by the Services. The Company has no right to intervene in any dispute among Members or between Members and any third party with respect to the Services offered and therefore the Company shall not be liable for any damages caused by such disputes. 6. The Company is not obliged to review posts by Members in advance or monitor their posts on a regular basis. Article 21. Notification 1. The Company may notify its Members of any information pertaining to Services via email addresses provided by the Members. 2. The Company may make specific information available on its bulletin board for more than seven (7) days and this will be recognized as a notification to the individual members. Article 22. Points 1. Members can obtain ‘points’ by participating in various services and events held by the Company on their Website. The Members shall have the right to use such points only in their individual capacity, and shall not be allowed to pass on or sell the points to others. 2. Members shall not use the ‘points’ for trading of goods or services other than those specified by the Company and shall not the convert ‘points’ into cash. 3. Members can obtain ‘points’ via either online or offline activities as follows: a) Signing up or participating in events on the Doctor Swing website or Website; b) Participating in other events on the Website. 4. The Company may adjust or remove unused ‘points’ after a certain period of time for efficient provision and operation of ‘points’ related services. Such adjustments or removals shall be notified in advance to the relevant members to whose accounts the ‘Points’ were credited. Article 23. Resolution of Disputes 1. The Company operates a complaint handling department in order to reflect reasonable opinions or complaints from users and indemnify damages. 2. The Company shall immediately process opinions or complaints received from its Members. Where it is not practical for the Company to process such opinions or complaints immediately, it shall notify its Members reasons for not being able to do so and schedules to process the complaint/ opinion as soon as possible. 3. Where users request relief for damages caused by disputes between them and the Company, such requests may be processed in accordance with arbitrations by the Fair Trade Commission or other arbitration organizations requested by local governors. Article 24. Place of Jurisdiction and Governing Laws 1. Matters not described in the Terms and Conditions shall be handled in accordance with relevant laws and regulations and general commercial practices. 2. For Members and those who use paid services of the Company, separate terms and conditions and policy stipulated by the Company will apply. 3. For legal actions between the Company and its users, laws of the Republic of Korea apply. 4. Where there are legal disputes arising from use of Services, the location of the Company’s head office shall be the place of jurisdiction. Bylaws These Terms and Conditions shall be in effect from November 01, 2011.