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Terms Of Use
Terms of Use for Musicshake.com [Chapter 1 General] ¡á Article 1. Purpose The purpose of the terms of use (¡°Terms¡±) is to specifically define the registration criteria and all matters related to the use of muscishake.com (¡°Service¡±) as a service provided by Silent Music Band Co., Ltd (¡°Company¡±) to the customer (¡°Member¡±). ¡á Article 2. Effect of Terms and Amendments 1) These Terms take effect when they are made public on the Service (htt://www.musicshake.com). 2) If the Member agrees to the contents of these Terms, the provision and usage of the Service will be subject to the terms and conditions set out in this document. 3) Changes may be made to the Terms in cases where there is an acceptable cause to amend the Terms; in such cases, there will be an advanced notice 4) If the Member does not agree with the amended Terms, he may request a cancellation on his membership. The Member's continued use of the Service after the effective date of the changes will be treated as acceptance of the amended Terms. The company is not responsible for any damages to the Member resulting from the unawareness of the amended Terms. ¡á Article 3. Regulations Outside of the Terms 1) Matters not defined on these Terms may be subject to the Copyright Law, Electronic Telecommunication Basic Law, Electronic Telecommunication Business Law, Consultation provision of Korea Internet Safety Commission, Moral Code of Korea Internet Safety Commission, Law of program protection, and any other applicable laws and regulatory guidelines depending on the Service. ¡á Article 4. Glossary 1) The definition of words used in these Terms is as follows: ¨ç Program: Application used to make music, produced by the Company to provide to the Members. ¨è Music: Music produced using the program provided by the Company. ¨é Member: The person who has usage agreement contract with the Company who has been assigned a user ID. ¨ê ID: A combination of letters and/or digits selected by the Member and approved by the Company; the ID identifies the Member and allows the usage of our Service. ¨ë Password : A combination of letters and/or digits selected by the Member to protect his identity and to verify that the user ID is being used by the Member. ¨ì Member cancellation : The Company restricting the use of the Service in accordance with the Terms. ¨í Termination : The Company or the Member dissolving the contract after using the service. 2) Definition of words used in these Terms, except for those stipulated in article 1, will be subject to the applicable laws and the guidelines provided by the Service. ¡á Article 5. Copyright of Music 1) The Company holds the copyright, performance rights, and neighboring rights (related rights) to all Music produced by a Member unless it contains a Member recorded audio file 2) Music produced by the Member using the Program may obtain the rights to use the Music until amendments are made to the Terms in the future. However, commercial use is not allowed. 3) In case where it is determined that the Member has violated 1) or 2) of Article 5, the Company may regard this as a significant breach of contract and terminate the right to use the Service without notice. [Chapter. 2 Contract for the use of Service] ¡á Article 6. Completion of the usage contract 1) During registration you agree to accept the Terms when you read the Terms and click the button labeled ¡°I agree¡±. 2) The usage contract takes effect after the applicant agrees to the Terms and the Company agrees to grant membership to the applicant. ¡á Article 7. Applying for the use of Service 1) The person who wishes to use the Service must apply for the use of Service by providing some personal information on the forms presented by the Company. 2) All Members must provide their name and email address in order to use the Service. A user who has not provided his/her real name and a valid email address is not entitled to claim any rights. 3) A Member's ID may be deleted without prior notice if the Member used another person's name and/or email address to apply for the use of Service ¡á Article 8. Acceptance and restriction of application for the use of Service 1) Unless there are reasons to make exceptions, the Company will approve the application according to Article 7 in the order in which they were received. 2) The Company may give a limited approval or delay the approval of application (until the reason for delay is resolved) in the following situations: ¨ç There is no availability the facilities to provide the Service ¨è There are technical difficulties ¨é The Company decides it is necessary ¨ê It will disrupt Service to existing Members 3) The Company may reject the application in the following situations: ¨ç False information is submitted in the application ¨è It is found that applicant had objectionable intents (disturb the peace, offend public morals) when applying ¨é Required information is not provided ¨ê The Service is used with the intent to make profits 4) When the approval of the application is delayed or rejected according to the Articles 2 or 3, the Company must notify the applicant; except in cases where the applicant could not be contacted (the company will not be liable). ¡á Article 9. Use and protection of personal information The Company, in accordance with applicable laws, will be committed to protect personal information. Applicable laws and the Company's privacy policy is applied for the use and protection of personal information. However, the Company's privacy policy does not apply to any external web sites with links inside the Company's official web site. The Company will not be responsible for the information that is exposed due to the user's fault. ¡á Article 10. Modification of submitted information 1) Member can view and modify his personal information at any time through the personal information menu in our Service. 2) As a rule, the user ID cannot be modified and in the case that you must change the ID for whatever reason, you must terminate the membership with the user ID and then register again. 3) The user ID may be modified in the following cases by the request of the Customer or the Company: ¨ç There is a risk of the user's violation of privacy because the user ID is the Member's phone number or social security number ¨è The user ID is offensive, indecent or objectionable ¨é There is a valid reason to change the ID 3) The Member must update the personal information online when there are changes to the registered information. The Member is solely responsible for any problems arising from failing to update the personal information. 4) The Member has the option to withdraw from the agreement of the Terms; in this case, there may be limitations placed on the use of Service. You can withdraw the agreement by requesting a Termination. [Chapter 3 Duty of contracting parties] ¡á Article 11. Duty of the Company 1) Unless there are reasons to make exceptions, the Company will allow the Member to have access to the Service on the same day that the Member applies. 2) The Company will attempt to provide a continuous and stable Service. If there are equipment problems, they should be repaired immediately. However, in cases of natural disaster, state of emergency, or other inevitable cases, the Service may be temporarily stopped or interrupted. 3) If valid suggestions or problems are raised by the Member, the Company must take immediate action. If the action cannot be completed soon, the Company must notify the Member the expected time line for the action to be completed. 4) The Company cannot disclose or distribute the Member's personal information with third parties. To protect our Member's privacy, the Company will abide by the applicable laws and the Company's privacy policy. ¡á Article 12. Duty of the user 1) As a Member, you: ¨ç Should adhere to the usage guidelines and notices communicated through postings on our web site ¨è Should follow the policies defined in the Terms ¨é Should not participate in activities that disturb the business or damage the reputation of the Company 2) The Member is responsible for maintaining the confidentiality of passwords associated with the user ID. Thus the Member is responsible for any negative consequences resulting from the mismanagement or improper use of the user ID and password. 3) Member must not engage in commercial activity using the Service without the Company¡¯s prior approval the Company will not be liable for any consequences resulting from such activity. In the case that the Company suffers any loss or damage from such business activity, the Member must compensate for the losses or damages. The Company may restrict the use of Service and take legal action against the Member for the loss or damage. 4) Without the express consent of the Company, the Member cannot transfer of give the membership or right to user the Service to another person or use it as a guarantee or security. 5) The Member agrees to not engage in the following actions related to using the Service: ¨ç Using another Member's ID and password ¨è Entering false information during registration ¨é Distributing vulgar and lewd contents (information, writings, images) to others via file transfer, email, or other methods; deranging public order and offending social morals ¨ê Distributing offending and threatening contents (information, writings, images) to others via file transfer, email, or other methods; invading another's privacy ¨ë Commit criminal acts ¨ì Collecting or saving another Member's personal information without the express permission from the Company ¨í Falsely representing to be related to the Company (board member, employee, business partner) ¨î Trading user IDs with others ¨ï Changing the Program provided by the Company without authorization from the Company; hacking the Company server, modifying the web site or any information therein without permission ¨ð Harming the Service or intentionally disturbing the Service ¨ñ Harass and threaten another Member, or continuously cause distress or pain to another Member ¨ò Engage in activities that break any applicable laws [Chapter 4 Use of Service] ¡á Article 13. Service hours 1) Unless there are administrative or technical circumstances that prevents the Company from staying operational, the service will be available every day of the year and 24 hours a day 2) The Company may temporarily stop Service without warning in order to check the system, change equipments, or any other reason. If there is a valid reason to do so, the Company may permanently stop the Service (e.g. changing into a new Service) 3) The Company may limit the Service fully or partially when it is impossible to provide normal Service due to a state of national emergency, power outage, or disruption in Service facility caused by extraordinary heavy traffic, etc... In these cases, the Company will announce to the Member the reason and the duration and other relevant information in advance or after the event. 4) If Service outage arises from reasons beyond the Company¡¯s control (disk error or system down without intention or mistake from systems manager), it will not be possible to announce the event beforehand. In cases where cause of disruption is an external entity (internet provider, for example), we do not make an announcement to Members. 5) The Company may divide the Service into select areas and provide specific areas of Service based on the time of the day. In this case, the specifics will be announced on the Service. ¡á Article 14. User personal information management 1) The user is responsible for all activities that occur under the user ID and password. 2) The user is responsible for any faults or illegal use from a third party while using the user's account. ¡á Article 15. Service charges and fees 1) The Service provided by the Company is free of charge. ¡á Article 16. Management of the posting 1) Company may delete any posting or content by the user without any notice in advance if such posting or content is judged to fall in one of the following cases: ¨ç Damage the reputation or abuse another Member or third parties ¨è Disturb public order and offend social morals ¨é There a recognizable link to criminal behavior ¨ê Violate copyrights of the Company, copyrights of third parties or other laws ¨ë Member posts lewd materials or links to lewd sites on his own homepage and message board ¨ì The posting is not relevant to the topic of the message board ¨í Breaking other applicable laws ¡á Article 17. Copyright of posted messages 1) Copyright of postings on message boards in the Service belongs to the Member or the holder of the copyright. However, the copyright of Music will follow Article 5. 2) The Member grants the Company a non-exclusive right of use on the posted contents to facilitate the Company or authorized third parties to operate, showcase, and advertise the Service. The following are possible activities by the Company: ¨ç Copying, correction, modifying, transmission, exhibition, distribution, and editing (for aggregated content) of the Member¡¯s posted contents within the Service. ¨è Allow the exhibition, distribution, and editing (for aggregated content) of Member¡¯s posted contents for the sister sites operated by the Company. ¨é Provide the posted content to the business partners, such as mobile and web service, for either commercial or non-commercial purposes. In such case, the Company will not provide personal information without Member¡¯s consent. 3) Even after Member is terminated, the Company will honor item 2 in this Article for posted contents from the Member. 4) Without the agreement from the Member, the Company will not use any posted content except for the purposes stipulated in item 2 in this Article. However, the Company may choose to relocate the contents in cases such as mergers, takeovers, unifying of business units within the Company etc... ¡á Article 18. (Providing information) 1) The Company may communicate with the Member by sending a variety of information necessary for the Service via message board, email, etc... 2) The Company may use several methods (phone, notices on the web page, email, etc...) to contact the Member to offer the best Service possible (e.g. membership cards). If the Member expresses that he does not wish to receive notices related to these enhanced Services, the Company must remove the Member from the list of contacts. The Company is not liable for any loss of benefit resulting from the refusal to receive these notices. ¡á Article 19 (Displaying advertisement/business with advertiser) 1) Company may insert advertisements related to the Service into the Service screen, homepage, e-mail, etc... The Member agreeing to use the Service is also agreeing to allow the Company to place such ads in the Service. 2) The Company is not responsible for any loss or damage resulting from communication, transactions, and participation in promotional activities with the advertisers in the Service. ¡á Article 20. Responsibility in Service usage 1) The Member will not engage in business activities using the Service without the approval by the Company. The following activities are strictly prohibited: hacking, advertisement for profit, commercial activity through lewd sites, and illegal distribution of commercial software. The Company is not responsible for the losses, legal actions (including arrests by the authorities), and any other results from such activities. 2) The Company is not responsible for problems in Service usage resulting from Member's fault. 3) The Company is not responsible for the contents of the Service for information, data, trustworthiness, and accuracy etc... [Chapter 5 Termination of contract and restriction of use] ¡á Article 22 Modification of contract and termination 1) When Member wants to terminate the contract, the Member himself must request the termination online. 2) Upon termination, any personal information of the Member may be permanently deleted immediately. ¡á Article 23 Restriction of Service usage 1) The Company will terminate the contract or set a period of time to limit the usage of the Service without prior notice if the Member breaches Article 12 on these Terms or if any of the following cases: ¨ç Using vulgar ID and/or nick name to offend social morals ¨è A request for correction is made from a public authority such as the Korean Internet Safety Commission, etc... ¨é Planning and using the Service with the purpose of obstructing national interests and social interests ¨ê Having no record of use (login record) in 3 months ¨ë The Member damages others' reputation or causes harm to others ¨ì The same user registers more than once using different IDs ¨í The Member does not open any of the uploaded files to the public, using the Service as a file depository (the Company may approve exceptional cases) ¨î Breaking any applicable laws or violating other usage conditions stated by the Company ¨ï Illegal contents are found ¨ð Any case that result in the disturbance of the normal operation of Service [Chapter 6 Compensation for damage and other Terms] ¡áArticle 24. Compensation for damage 1) The Company is not responsible for any loss resulting from the free Service except for any matters related to the privacy policy of the Company. ¡áArticle 25. Exemption clause 1) The Company is not responsible for providing Service in cases where a natural disaster (or an equivalent event) prevents the provision of Service. 2) The Company is not responsible for the loss resulting from any failure from the network provider. 3) The Company is not responsible for the loss resulting from unforeseeable events during maintenance, repair, exchange, construction on Service equipment and facilities. 4) The Company is not responsible for any problems in the Service due to Member's fault. 5) The Company is not responsible for the loss of expected profit while using the Service or the loss resulting from contents obtained through the Service. 6) The Company is not responsible for what Members post on Service such as information, data, trustworthiness, and accuracy etc... 7) The Company is not responsible for any loss or damage caused by another Member while using the Service. The Company will not provide compensation for claims of any emotional damage caused by another Member. 8) The Company is not responsible for any loss or damage to the Member caused by the Member's intentions and faults using the Service. 9) The Company is not responsible for intervening in the disputes (related to the Service) between users or between users and third parties. The Company has no obligation to provide compensation for any loss or damages resulting from such disputes. 10) The Company is not responsible for any matters related to the usage of the free Service provided by the Company. ¡áArticle 26 Jurisdiction and proper law 1) Matters not stipulated on these Terms will follow applicable laws such as the Law of Electronic Telecommunication Business and customary commercial practice. 2) In cases where disputes arise from the use of Service, all parties involved will submit to the court with jurisdiction over the headquarters of the Company. <Additional Clause> 1. These Terms become effective on SEP 17, 2007.
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