01 General Provisions
Article 1 [Purpose]
The purpose of these Terms and Conditions (hereinafter referred to as "Terms") is to specifically stipulate the terms and conditions for membership and use of the Services provided for authorized users (hereinafter referred to as "Members") by Flow Music (hereinafter referred to as “Company”).
Article 2 [Effect and Change of the Terms]
(1) These Terms and Conditions become effective for all users who intend to use the services including the members who subscribed to the Company by announcing them in such ways as posting them on the service menu and company or by informing the member through other methods. The terms shall be posted in the company's website.
(2) These Terms and Conditions are subject to change by the Company in case there are reasonable causes, which will be immediately announced in advance.
Article 3 [Rules and Regulations other than the Terms]
(1) These Terms and Conditions of Use shall apply to the use of the services, and the matters not specified in these Terms and Conditions shall be governed by the Telecommunications Basic Act,
the Telecommunications Business Act, the Law on Promotion of the Use of Information and Communications Network and Information Protection etc. and other related laws and regulations.
Article 4 [Definition of Terminology]
(1) Definitions of terminology used in these Terms and Conditions are as follows.
1. "Authorized Users" mean the users of the services operated on a membership basis.
2. "User Agreement" means a agreement signed between the Company and its users in relation to the use of the Services.
3. "User ID" means the combination of alphabets and numbers selected by the member and approved by the company for member identification and member's use of the Services provided by the Company.
4. "Password" means a combination of letters and numbers selected by the users to properly identify the users with the given letters and numbers and to protect the rights of the users.
5. “Termination” means the cancellation of the agreement by the Company or its members.
(2) Except as provided in clause (1) of this article, the definitions of terminology used in these Terms and Conditions shall be the same as those provided in the relevant laws and regulations and information specific to services. Flow Music site collects minimum information necessary for effective reception of orders and service requests and payment in processing goods and services or using various services to provide you with convenient and useful customized services.
All the provided information shall not be used for any purpose other than the above, and we will seek out members' prior consent whenever the scope, purpose or use of the collected information needs to be changed.
Details of personal information to be collected and period of its use and retention
Membership information which we collect for Flow Music Membership Services is name, ID, e-mail, password.
Additionally, we collect additional information for payment at the time when members purchase goods and we receive orders for the Services.
Personal information will be retained and used by Flow Music while members enjoy services provided by Flow Music for service delivery.
Nonetheless, in case a member requests withdrawal according to the procedures set forth in Article 7 of the Terms of Use or a membership is limited or suspended pursuant to reasons for disqualification,
the information for the member shall be deleted permanently in a technically unrecoverable manner and shall be processed in such a manner that it cannot be retrieved or used for any purpose whatsoever.
02 User Agreement
Article 5 [Establishment of User Agreement]
(1) User Agreement is established by a customer's consent to the Terms and Conditions of Use and the approval of the Company.
(2) Consent to the Terms and Conditions is to be indicated by pressing the "Agreed" button on the Flow Music site at the time of application.
Article 6 [Application for Use of Services]
(1) Customers who want to use the Services are allowed to do so after joining the membership by providing the information (name, ID, e-mail, password) requested by the Company.
(2) All members must provide their real names to use the Service and, otherwise, their use of Services may be restricted.
(3) Membership must be registered only with a real name.
(4) The ID of a member who applies for the use of the Services under the name of another person may be deleted without prior notification and such member may be subject to legal punishment according to related laws and regulations.
(5) The Company may classify the members who use the Services into different grades and provide differentiated Services based on such grades.
Article 7 [Protection and Use of Personal Information]
The Company executes privacy policy to protect personal information of the Service Users as stipulated by related laws and regulations.
Related laws and regulations and the Company's privacy policy apply to the protection and use of user's personal information. Nonetheless, the Company shall not be held responsible for the information leaked by the faults of a User.
Article 8 [Acceptance of Application for Use and Limitation of Use]
(1) The Company approves the Use of Services by a member who applies pursuant to Article 6 in case the Company judges that there is no obstacle to its operation of business or no technical difficulties.
(2) The Company shall not approve any of the following cases.
- In case the application is made under the name of another person or a fake name.
- In case the applicant attaches a false document or makes a false statement.
- In case the applicant is registered as a person of bad credit standing for PC communication or Internet services by Law on Use and Protection of Credit Information.
- In case the applicant makes the application for the purpose of harming social well-being or order and desirable conventional customs or morals.
- In case the applicant is registered as a ‘bad user’ for PC communication or Internet services by Information and Communications Ethics Committee.
- In case the applicant does not satisfy the requirements of application set by the Company.
(3) In case the application for Use of Services falls under one of the followings, the Company reserves the right to postpone its consent until the reason for limiting the approval is settled.
- In case the Company does not have enough facilities.
- In case the Company experiences technical difficulties.
- In case it is difficult to approve the Use of Services due to other reasons of the Company.
(4) The Company shall immediately notify the applicant of the disapproval or restriction of the approval according to the regulations of the Company as soon as such case occurs.
(5) In case the applicant is a minor, the Company may restrict the approval of the applicant as specified for such case.
03 Compensation for Damages and other matters
Article 9 [Rights and Responsibilities of the Company]
1. The Company shall immediately deal with any opinions or complaints from members, which found to be just and reasonable. In case it is difficult for the Company to deal with them immediately,
the Company shall notify the reasons and schedule to deal with them through written notice, e-mail or telephone.
2. The Company holds the responsibility to protect the personal information of users in accordance with the privacy policy stipulated by the Company. Nevertheless, this may not apply in case of the legitimate procedures pursuant to the provisions of the law.
3. Notwithstanding the provisions of clause 2 above, if the Company intends to use the personal information of users or provide it for the third parties beyond the notified or specified range, the Company must notify the users individually and obtain their consents.
4. The Company shall repair or restore the equipment without delay when the equipment is damaged or destroyed to provide the Services on a continuous and stable basis. In case of natural disasters, emergencies or other unavoidable circumstances, however, the Company may choose to suspend or discontinue its Services.
5. The Company shall provide convenience to members related to procedures and contents of the agreement such as signing of User Agreement, modification of its articles and termination.
6. By acquiring prior consent from the members, the Company may create and use statistical data on the personal information of all or part of its members in relation to its operation and may transmit the cookie to the members' computers through the Services. In this case, a member can reject the reception of the cookie or change the setting of the browser of his/her computer so that the member can be warned against the reception of the cookie, and the member is responsible for changing the use of the Services by changing the setting of the cookie.
Article 10 [Rights and Responsibilities of the Users]
1. The member shall not conduct any of the following activities when using the Services.
- To use other members' IDs or passwords in an illegal manner
- To use information obtained through the Services in reproduction, performance, broadcasting, exhibition, distribution and publication or to provide it for the third parties through the means of duplication,
processing, translation or derivative work other than the member's personal use
- To damage honor of, or bring disadvantage to, other members
- To infringe on copyrights of the company or the third parties and infringe up on other rights.
- To distribute information, sentences, figures, voices, etc. in violation of established social morals and customs or public order
- To engaged in an act which can be objectively recognized as being connected with a crime
- To register or distribute computer viruses or infectious materials which can cause malfunctions or destruction and confusion of facilities related to Services
- To transmit information which may interrupt stable operation of the Services or to send advertising information to members against their will
- To receive requests for rectification from reputable organizations such as the Korea Internet Safety Commission and consumer protection organizations
- To engage in acts which violate the election law and may receive orders or warning to stop or correct from the National Election Commission
- To engage in acts which are in violation of other related laws
2. The member shall comply with the Terms of Service as well as notifications and additional posts issued by the Company.
3. The member shall not use the Service for sales activities without the company's explicit prior consent, and the company shall not be held responsible for the results of such violation.
4. The member shall be responsible for the compensation for the damages caused to the Company in connection with such sales activities.
5. The member shall not transfer or donate his/her status under the Terms and Conditions of the Services or User Agreement to another person or provide it as a collateral.
6. The member shall not convert partial or whole contents and functions of the Service without prior consent of the company.
7. In case a member requests to check or correct his/her personal information by paying a visit in person or using digital signature or ID, the Company shall confirm the identity of the member and take necessary steps without delay
8. In case a deputy of a member requests to check or correct his/her personal information by paying a visit in person, the Company holds the right to demand proof of the person's proxy status
9. The Company shall collect members' opinions and prepare procedures to handle their complaints in relation to personal information.
04 The Rights and Responsibilities of the Parties of the Agreement
Article 11 [Hours of Service Use]
(1) The Service shall be provided 24 hours a day, 7 days a week as long as there is no special technical or operational difficulty for the Company.
Nevertheless, the Company may temporarily suspend its service on the day or hour set by the Company for regular check-up,
expansion and replacement of the system or facilities and the suspension of the service for scheduled work shall be announced on the web in advance.
(2) The company shall not be obliged to make advance announcement in case of interruption of the Services caused by reasons out of its control
[disk failure, system down, etc. without system administrator's ill intention or errors] and the Company shall not notify users of system suspension in case of intentional failure or errors of other parties.
[PC communication companies, telecommunications service provider]
Article 12 [Management of User ID]
(1) Members are wholly responsible for the management of their ID and passwords.
(2) A member whose ID was used in wrong or improper manner must notify the company of the details of the incident.
Article 13 [Management of Posts]
The Company shall retain the right to delete, move or refuse registration of any of the following articles or materials without prior notice.
- Insulting or defamatory contents to other members or the third parties
- Contents disseminated or linked which are in violation of public order and conventional morals
- Contents promoting illegal piracy or hacking
- Advertisement for commercial purposes
- Contents objectively recognized as being connected with crimes
- Contents which infringe upon the copyright or other rights of another member or the third party
- Contents which violate the corporate principles of posting or do not suit the nature of the bulletin board
- Contents judged to violate other related laws
Article 14 [Copyright of Posted Materials]
(1) Members are not allowed to commercially use materials posted on the Services by arbitrarily processing and selling the information obtained while using the Services.
(2) The Company shall retain the right to delete, move or refuse registration of contents or materials without prior notice in case the Company judges that the contents or materials posted or registered by the member falls under each item specified in the Article 13.
Article 15 [Provision of information]
(1) The Company may provide members with various kinds of information which are deemed necessary during their use of the Services by e-mail or telephone communication.
Article 16 [Advertising and Transactions with Advertisers]
(1) Part of the service investment base which enables the Company to provide the Services for members stems from the advertising revenues. Thus, members shall agree to be exposed to advertisements while using the Services.
(2) The Company shall not be held responsible for any loss or damage caused by the member's participation, communication or transaction in the advertiser's promotional activities posted on the Services or conducted through the Services.
05 Termination of Agreement and Restriction of Use
Article 17 [Change and Termination of Agreement]
In case a member intends to terminate the User Agreement, the member must terminate the membership for him/herself by using the "withdrawal" menu on the company webpage.
Article 18 [Restriction on the Use of the Services]
(1) The Company shall retain the right to restrict the use of the Services in case a member violates the contents of Article 10 of these Terms and Conditions of Use or members' contents fall under any of the followings.
- Use of a vulgar ID and nickname that may offend conventional public morals
- Severe insult to another member or interference with the use of the Services
- Interference with other normal service operations.
- Request for correction of related public institutions such as Korea Internet Safety Commission
- Illegal homepage
1. In case a user uploads commercial software or crack files
2. In case a user posts obscene materials which are in violates of Article 7 of the bylaws of Korea Internet Safety Commission
3. In case the contents are included for the purpose of conducting acts against the state
4. In case a user uploads copyrighted materials or mp3 without permission
- In case a user distributes computer programs that may cause malfunction or destruction of information and communication facilities
(2) In accordance with the above restrictions on use of the Services, the Company shall preserve the right to temporarily suspend, halt or terminate member's use of the Services without notice.
06 Use of Services
Article 19 [Scope and Claim of Compensation]
1. The Company shall not be held responsible for the damages which members suffer from that are caused by force majeure such as natural disasters or by intentional acts or negligence of the member.
2. For users of e-commerce hosting and general hosting, the clause 1 of this article applies to the damages caused by force majeure.
3. In case the Company suffers from complaints of various kinds including claims for compensation or lawsuits from the member or a third party due to illegal acts performed by the member while using the service,
the member shall make every effort to bring immunity to the Company. If the Company fails to be exempt, the member shall be liable to recover all the damages incurred to the Company.
Article 20 [Disclaimer]
(1) The Company shall be exempted from the responsibility for failure of the provision of the Services in case the Company cannot provide the Services due to force majeure such as natural disasters, war, etc.
(2) The Company shall be exempted from any responsibility for any damages incurred in the event that the telecommunication service provider ceases to provide services or does not provide the services in normal manner.
(3) The Company shall be exempted from responsibility for any damage caused by unavoidable reasons such as maintenance, replacement, regular checkup and construction of service facilities.
(4) The Company shall not be responsible for any damages or problems caused by the faults of the members.
(5) The Company shall not be responsible for any damage caused by members' computer error or incomplete record of personal information and e-mail address.
(6) The Company shall not be held responsible for reliability or accuracy of the information, materials and facts posted on the Services by the members.
(7) The Company shall not be responsible for any damages arising from transactions of goods (including intangible goods) between members or between members and the third party with the Services as medium.
(8) The Company shall not be responsible for any damages incurred in relation to the use of the Services provided free to members.
Article 21 [Jurisdiction and Settlement of Disputes]
(1) The matters not stipulated in these Terms and Conditions shall be governed by related laws and regulations such as the Telecommunications Business Act.
(2) In case a dispute arises between the Company and a member regarding the use of the Services, either party shall not file a petition unless the dispute has been fully and sincerely negotiated for the rational settlement of the dispute between both parties.
(3) In case a party files a lawsuit against the other party for a dispute regarding the use of the Services, the court of jurisdiction shall be the one with the jurisdiction over the headquarters of the Company.
