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Terms & Conditions |
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» Company Info » Terms & Conditions |
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Member's
use of this website is deemed as his/her consent
to
the following terms and conditions |
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| ARTICLE 1 (PURPOSE) |
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| This Terms of Use(hereafter "Terms
of Use") is to specify in detail the
terms and conditions for joining digital contents
download service(hereafter "Service") provided
by n.Pine Co., Ltd.(hereafter "Company") for
free/paid member(hereafter "Member(s)") of imagehub (www.imagehub.com)
(hereafter "Site") of the Company, all matters
for use of the service, and other necessary
matters. |
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| ARTICLE 2 (DEFINITION) |
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| 1. "Digital Contents" shall mean
digitalized image(photo, illustration, character,
clip art etc.) as provided by the Company
to members in the site.
2. "Member(s)" shall mean free/paid
member(s) who joined the Company's site
and user who receives the service provided
by the Company under this Terms of Use,
the "Regulation for Scope of Digital
Contents Use" and any other rules.
3. "Copyright" shall mean legal
right under the Copyright Act of the author
who concluded an agreement with the Company,
and the right shall be protected from the
Copyright Act and relevant laws.
4. "Download Service" shall mean
behavior and method that the member uses
digital contents in the Company's site,
and in principle, the member shall strictly
observe the "Regulation for Scope of Digital
Contents Use” in the site.
5. "Acceptance of Use" shall
mean that the Company permits the member
to use the service once the member consents
to the Terms of Use specified by the Company
and the "Regulation for Scope of Digital
Contents Use" and joins the service.
6. "Free Member" shall mean a
member who is permitted to search and browse
digital contents in the Company's site.
7. "Paid Member" shall mean a
member who can use paid service in the Company's
site to the extent prescribed in the "
Regulation for Scope of Digital Contents
Use" for the membership period.
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| ARTICLE 3 (EFFECTIVENESS
& MODIFICATION) |
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| 1. This Terms of Use shall become effective
as soon as it is online notified on the Company's
site (www.imagehub.com)
and for a reasonable cause, may be modified
to the extent that it should not run counter
to the relevant law. The modified Terms of
Use also becomes effective as soon as it is
online notified, and revision of important
provisions such as member's rights or obligations
will be notified in advance on the Company's
site.
2. The Company may modify this Terms of
Use on a reasonable cause. At this time,
the Company shall immediately notify members
in advance.
3. Members' consent to this Terms of Use
shall mean their consent to periodical visit
of the web and confirmation of any modification
herein. The Company shall not be responsible
for damage of the user who fails in confirming
any further modification herein.
4. Each member may request withdrawal(cancellation)
unless he/she consents to the modified Terms
of Use, and if he/she continues to use the
service without expressing his/her intention
to give a denial to the modified Terms of
Use until the 14th day from the date the
modified Terms of use becomes effective,
it is deemed that he/she consents to the
modified Terms of Use.
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| CHAPTER 2 CONCLUSION OF SERVICE
USE AGREEMENT |
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| CHAPTER 4 ESTABLISHMENT
OF SERVICE USE AGREEMENT |
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| 1. The Service Use Agreement shall be established
on condition of user's consent to the provisions
of this Terms of Use and "Regulation
for Scope of Digital Contents Use" and
then Company's acceptance of application for
use. For paid member, use will be accepted
after the user fully pays a service fee.
2. The member shall express his/her intention
of consenting to this Terms of Use by clicking
the "Agree" button in the Terms of Use for
joining the service site when he/she applies
for use.
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| ARTICLE 5 (APPLICATION
FOR SERVICE USE) |
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| 1. The user who is to join the membership
to use the service shall provide all data
requested by the Company(name, e-mail address,
date of birth, contact information etc.).
2. Each member shall certainly provide
the member's real name, date of birth and
e-mail address to use the service, and any
user who provides false information cannot
assert his/her rights.
3. All IDs of members who plagiarize another's
name(e-mail address and date of birth) to
apply for use will be deleted, and they
may be punished as to the relevant law.
4. The Company may grade members who use
this service(into free member/paid member)
according to frequency of use and service
menu for differentiated use.
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| ARTICLE 6 (SERVICE FEE) |
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Fees for all services of the Company shall
be imposed by use per member, and the details
shall follow the "PRICE SCHEDULE FOR PAID
MEMBERS" in the Company's site or the mentions
as below. A service fee may be changed according
to the Company's condition, and the Company
will notify members of such change on the
site:
- Free member, who is permitted to use the
site after Company's acceptance of use, may
use(search and browse) the site without limitation
in a period.
- A service fee shall be US$149.99(for a month),
US$399.99(for 3 months) and US$1099.99(for
a year) for paid members. |
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| ARTICLE 7 (PERIOD OF
SERVICE USE) |
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| 1. A period of service use for free member
shall not be limited, while that for paid
member shall be as specified in the "REGULATION
FOR SCOPE OF DIGITAL CONTENTS OF USE" per
service.
2. Copyright of digital contents for a
paid member whose term has expired shall
not be protected, and if extension for protection
of copyright is required, the member shall
extend the term of use, provided that copyright
is protected in correction and maintenance
of image used in the website or artwork
during paid membership to the extent that
it is not commercially reused even after
expiry of the paid term.
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| ARTICLE 8 (PAYMENT) |
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| A paid member may pay an amount according
to the payment system specified by the Company
such as credit card, and as soon as payment
by the Company is completed, the Company shall
allow the user to use the service. |
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| ARTICLE 9 (REIMBURSEMENT) |
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A paid membership fee by a paid member,
in principle, shall not be reimbursed as digital
contents can be hardly returned once they
are downloaded, provided that rights granted
to the member shall be cancelled on one of
the following situations and at this time,
a proper action will be taken:
a. If an annual member requests
cancellation of paid membership in writing
within 30 days after he/she joins the membership,
he/she may be reimbursed 50% of a membership
fee unless he/she downloads digital contents
from the site.
b. If a monthly member of
a quarterly member requests cancellation in
writing and unless he/she downloads digital
contents from the site, he/she may be reimbursed
50% of a membership fee corresponding to the
remaining agreement period from the date at
which a written request for cancellation arrives.
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e.g.) In case of
written request for cancellation 45
days after joining as quarterly member,
the remaining agreement period is 45
days, thus US$200 equivalent to 50%
of the whole membership fee of US$400
is pertinent to a fee for the remaining
agreement period and the member may
be reimbursed 50% of the amount, and
then US$100 will be reimbursed to the
member and the remaining 50% will be
a cancellation fee. |
c. The member shall solely bear
any fees for cancellation. |
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| ARTICLE 10 (PROTECTION
AND USE OF PERSONAL INFORMATION) |
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| The Company shall make every effort to protect
user's personal information including membership
registration information under the relevant
law. Concerning protection and use of user's
personal information, the relevant law and
the Company's "Privacy Policy” shall be applied,
provided that they shall not be applied to
any site linked to the web except for the
Company's official site. Besides, the Company
shall not be responsible for any information
disclosed due to a reason attributable to
the user. |
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| ARTICLE 11 (ACCEPTANCE
AND LIMITATION OF APPLICATION FOR USE) |
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| 1. The Company, in principle, shall accept
service use unless it interferes with service
or technology of the Company for the user
who applies for use as provided in ARTICLE
5(APPLICATION FOR SERVICE USE) by received
order.
2. The Company shall never accept application
for use on one of the followings:
- Using other's name or plagiarizing another's
name
- Falsely mentioning any content in the
Use Application Form
- Application for the purpose of obstructing
social peace and order, and public morals
- Using this service for unlawful use
- Failing in paying a service fee to the
Company's account after the user applies
for paid membership
- Application in violation of any other
specified matters
3. The Company may hold back acceptance
of application for service use if such application
is pertinent to one of the following situations:
- Short of the Company's facilities
- Trouble in the Company's technology
- Difficulty in acceptance of use due to
a reason attributable to the Company
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| ARTICLE 12 (GRANT AND
MODIFICATION OF MEMBER ID) |
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| 1. The Company shall grant ID to each user
as provided in the Terms of Use.
2. Member ID, in principle, may not be
modified, and if the member is to modify
it due to an inevitable cause, he/she must
cancel the existing ID and go through re-joining.
3. The responsibility for management of
member ID and PW shall be solely borne by
the user. Any damages at service use arising
out of neglecting such responsibility or
false use by third party shall be borne
by the user, and the Company shall never
be responsible for it.
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| CHAPTER 3 OBLIGATIONS OF THE PARTIES |
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| ARTICLE 13 (COMPANY'S
OBLIGATIONS) |
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| 1. The Company may allow the member to use
the service unless there is a special condition
on the date the user desires to be provided
with the service.
2. The Company shall repair or recover
any failure or loss of the facilities to
continuously and stably provide the service
without delay unless there is an inevitable
reason.
3. The Company shall implement security
system for protection of personal information
and publish and observe "PRIVACY POLICY".
4. The Company shall settle any objection
or complaint to be raised from the member
through a series of processes to the extent
that it is just and objectively recognizable.
However, if such objection or complaint
can be hardly settled at once, the Company
shall notify members of the reason and settlement
schedule.
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| ARTICLE 14 (MEMBER'S
OBLIGATIONS) |
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| 1. The member shall apply for membership
or modify membership information in his/her
real name on the basis of facts, and shall
not assert his rights if he/she registers
falsely or other person's information.
2. The member shall observe any notices
and relevant laws such as provisions specified
herein, "Regulation for Scope of Digital
Contents Use” and other rules prescribed
by the Company, and shall not do any behavior
interfering with the Company's service or
dishonoring the Company.
3. The member shall immediately notify
the Company of any modifications in any
matter of use agreement such as (e-mail)
address, contact information etc. through
fixed procedure.
4. Except the Company has responsibility
under the relevant law and "PRIVACY
POLICY", responsibility for all results
arising out of member's careless management
of ID and PW or false use shall be borne
by the member himself/herself.
5. Unless there is clear consent by the
Company, rights of service use or other
position and range in use agreement shall
not be transferred or donated, or pledged
to others.
6. The member shall not infringe upon intellectual
property right of the Company and third
party.
7. The member shall not do any behavior
pertinent to one of the followings, and
if he/she does such behavior, the Company
may limit the member to use the service
and apply sanctions including legal action:
- Registering false content in application
for membership or modification of member's
personal information
- Plagiarizing other user's ID, PW and resident
registration number
- Transacting user's ID with other person
- Falsely assuming the name of the Company's
operating staff, employee or other person
concerned
- Modifying the Company's client program
without not being granted a special right
from the Company, hacking the Company's
server, or randomly changing part or all
of the website or published information
- Damaging or intentionally obstructing
the service
- Copying information obtained through the
service for any other purposes without Company's
prior approval or providing them to third
party
- Sending, publishing and distributing to
others by e-mail or other means vulgar or
lascivious information, sentence, figure,
sound, and moving image against public order
and morals
- Behavior objectively judged to be connected
with a crime
- Behavior counter to all provisions or
use agreement including this Terms of Use
as specified by the Company
- Other behavior contrary to the relevant
law
8. The member shall not transfer, donate
or pledge any right of service use and other
position and range in use agreement to others
unless there is clear consent of the Company.
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| CHAPTER 4 USE AND SCOPE OF SERVICE |
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| ARTICLE 15 (SERVICE
TIME) |
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| 1. In principle, the service shall be operated
all the year rounds unless there is special
interference in terms of Company's service
or technology. However, the Company may suspend
the service on the date specified by the Company
for periodical inspection, enlargement and
replacement of the system, and suspension
of the service due to a fixed work will be
notified in advance on the site.
2. The Company may temporarily stop the
service without notice for an inevitable
reason such as urgent inspection, enlargement
and replacement of the system, and fully
stop the current service for a reason judged
by the Company to be proper such as replacement
with new service.
3. The Company may limit all or part of
the service in case of national emergency
or electricity failure, provided that the
reason and period shall be notified to members
in advance or post-factum.
4. Prior notification by the Company may
be impossible on occasion of suspension
of the service due to a reason beyond control(disk
failure, system down etc. without system
administrator's intention or mistake). Also,
prior notification will not be made on occasion
of system down due to intention or mistake
of another party(PC communication company,
communication provider etc.)
5. The Company may divide the service into
certain ranges and designate available time
by range, provided that the content shall
be noticed.
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| ARTICLE 16 (SCOPE OF
SERVICE USE) |
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| 1. Each member shall be fully aware of the
"Regulation for Scope of Digital Contents
Use" in service of the Company prior to using
the service, and the Company shall not be
responsible for dispute and legal sanction
beyond the scope of the service.
2. If a user for private use specified
under the "Regulation for Scope of
Digital Contents Use" uses service
for corporate use or if a user uses service
beyond the scope without prior agreement
with the Company, the Company shall not
be responsible for subsequent dispute and
legal sanction.
3. NO MEMBER MAY DOWNLOAD 60 OR MORE IMAGES
DURING THE TERM HEREOF. THE COMPANY SHALL
HAVE RIGHT TO MONITOR THE QUANTITY OF IMAGES
DOWNLOADED BY THE MEMBER AND TERMINATE ACCESS
OR RIGHT TO THE CONTENTS WHERE MISUSE OR
FALSE USE OF THE IMAGE IS FOUND.
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| ARTICLE 17 (MEMBER ID) |
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| 1. Any management responsibilities for ID
and PW of a member shall be solely borne by
the member himself/herself.
2. As the Company uses user's ID to perform
use management, if the member is to change
his/her ID, the Company may limit such change
unless there is a recognizable reason by
the Company.
3. All responsibilities for fault at use
arising out of user ID and PW registered
by the user or false use by third party
shall be borne by the user.
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| ARTICLE 18 (MANAGEMENT
OF NOTICES) |
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The Company may delete or move, or give
a denial to registration of one of the following
notices or data without prior notification:
- Severely insulting or dishonoring other
member or third party;
- Distributing or linking contents against
public order and morals;
- Contents stirring up illegal copying or
hacking;
- Contents objectively recognized to be connected
with a crime;
- Contents infringing upon rights such as
copyright of other user or third party;
- Counter to the principle of notice specified
by the Company or not fitted to the nature
of the board; and
- Otherwise judged to be counter to the relevant
law |
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| CHAPTER 5 COPYRIGHT |
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| All contents in the site shall be protected
under the law, international treaty and other
applicable law. They are the Company's property,
and use of the image is just permitted under
the terms and conditions of agreement, and
it shall not belong to the member through
selling. |
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| ARTICLE 19 (COPYRIGHT
OF NOTICES) |
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| 1. Copyright of notices as published by
the member onto the service screen shall belong
to the publishing member. The Company shall
not commercially take advantage of a notice
without publisher's consent, provided that
if a member intends nonprofit use of a notice,
he/she holds right to publish it in the service.
2. No member may commercially use data
published in the service such as random
processing or selling of information acquired
from use of the service.
3. If contents published or registered
by the member in the service are pertinent
to the provisions of ARTICLE 18 herein in
Company's judgment, the Company may delete
or move, or give a denial to registration
of those contents without prior notification.
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| ARTICLE 20 (COPYRIGHT
OF DIGITAL CONTENTS) |
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| 1. Copyright of digital contents provided
in the Company's site is to differentiate
rights of each member according to purpose,
the number of copies, and period of use by
service fee, which does not means that those
rights themselves are sold.
2. Unauthorized copying or use of digital
contents provided in the Company's site
or behavior beyond the "Regulation for Scope
of Digital Contents Use” without prior agreement
as specified by the Company shall be deemed
as infringement upon copyright under the
Copyright Act and relevant law.
3. Use of right of likeness, trademark
right, and patent right for the object of
digital contents provided in the site shall
be acquired by the member. The Company shall
have no legal responsibility for dispute
about those rights from use without prior
agreement with the Company.
4. COPYRIGHT OF DIGITAL CONTENTS SHALL
BE LIMITED TO THE COUNTRY OF THE MEMBER.
THE COMPANY SHALL HAVE NO LEGAL RESPONSIBILITY
FOR MEMBER'S INFRINGEMENT ON COPYRIGHT WHEN
THE MEMBER USES DIGITAL CONTENTS IN ANY
OTHER COUNTRY WITHOUT PRIOR AGREEMENT WITH
THE COMPANY.
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| ARTICLE 21 (PROVISION
OF INFORMATION) |
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| 1. The Company may provide the member with
information recognized to be necessary to
use the service by (electronic) mail.
2. The Company may demand additional information
from the member on condition of the member's
consent for the purpose of improving service
and introducing service to the member.
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| CHAPTER 6 TERMINATION AND LIMITATION
OF USE |
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| ARTICLE 22 (TERMINATION) |
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| When the member is to terminate this use
agreement, the member himself/herself SHALL
TERMINATE THE JOINING THROUGH "PERSONAL INFORMATION"
IN THE SITE. |
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| ARTICLE 23 (LIMITATION
OF SERVICE USE) |
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1. The Company may limit service use if
the member violates the provisions of ARTICLE
14 herein or on one of the followings while
he/she uses the service:
- Using vulgar ID and nickname against public
morals
- Severely insulting or interfering with other
user at use
- Otherwise interfering with running normal
service
- ON DEMAND BY THE PUBLIC AGENCY CONCERNED
SUCH AS THE ETHICS COMMITTEE FOR CORRECTION
2. Based on the aforesaid regulations for
limitation of use, actions of suspension
of service use, initialization and cancellation
of use agreement may be taken without separate
notification of service use to members.
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| CHAPTER 7 COMPENSATION FOR DAMAGES
AND MISCELLANEOUS |
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| ARTICLE 24 (COMPENSATION
FOR DAMAGES) |
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| The Company shall not be responsible for
any damage not pertinent to the provisions
of "PRIVACY POLICY" with respect to service
use. |
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| ARTICLE 25 (EXEMPTION) |
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| 1. The Company shall be exempted from responsibility
for providing the service if the service cannot
be provided due to force majeure such as natural
disaster, war and other irresistible force.
2. The Company shall be exempted from responsibility
for damage by communication provider's stopping
or failure in normally providing electric
communication service.
3. The Company shall be exempted from responsibility
for damage from an inevitable cause such
as repair, replacement, periodical inspection
and construction of service facilities.
4. The Company shall be exempted from responsibility
for failure or damage from service use as
attributable to the member.
5. The Company shall be exempted from responsibility
for damage from error in user's PC, or member's
false mentioning of personal information
and e-mail address.
6. The Company shall be exempted from responsibility
for member's failure or loss in achieving
expected profit from using the service.
7. The Company shall be exempted from responsibility
for damages including mental damage arising
out of data obtained while the member uses
the service.
8. The Company shall be exempted from responsibility
for contents of information and data published
by the Company on the service, and their
reliability and correctness.
9. The Company shall not be obliged to
intervene in a dispute arising out of the
service between users or between user and
third party, and shall not be responsible
for compensating for subsequent damage.
10. The Company shall be exempted from
responsibility for any damage with respect
to use of the service provided by the Company
to free members.
11. THE COMPANY SHALL NOT GUARANTEE THAT
CONTENT OR FUNCTION INCLUDED IN THIS SITE
HAS NO ERROR, FAILURE, MISTAKE, DEFECT,
VIRUS OR OTHER DAMAGING FACTORS, AND THAT
THE COMPANY WILL CORRECT SUCH ERROR OR MISTAKE,
OR DEFECT.
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| ARTICLE 26 (JURISDICTION
& GOVERNING LAW) |
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| 1. Any matter not clarified herein shall
be in compliance with the relevant laws and
commercial customs such as the Telecommunications
Business Act and Copyright Act.
2. Any free member shall follow agreement
and policy as separately specified by the
Company.
3. For a suit for dispute arising out of
service use, irrespective of contradiction
to the law, a competent court shall be the
court having the jurisdiction over the Company's
head office.
4. This agreement shall not be governed
by the United Nations Convention on Contracts
for the International Sale of Goods.
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| ARTICLE 27 MISCELLANEOUS |
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1. Unauthorized use
Use of contents by means not clearly permitted
herein or in violation of the terms and conditions
hereof shall be deemed as infringement of
copyright, which entitles the Company all
rights that are effective under the worldwide
copyright laws as well as remedies. The member
shall be responsible for damage arising out
of infringement upon copyright including claim
from third party.
2. Disclaimer
Neither Company's action shall be deemed as
waiver of any provision herein except clear
written waiver, nor Company's delay in exercising
its rights shall mean waiver of such rights.
Additional Clause
(Date of enforcement) This Terms of Use
shall be effective as of Jun. 5th, 2006.
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| Scope of digital contents
use |
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- You are prohibited from online/offline
redistribution or selling, transfer, rent,
and transmission(messenger/webhard/FTP/network/cellular
phone etc.) to others;
- You are prohibited from using (part of)
image as part of trademark, service mark or
logo.
- You are prohibited from using artwork including
image on any space that seems pornographic,
illegal and slanderous;
- You are prohibited from using all or part
of image of a model on any space depicting
disease, drug abuse, drinking, smoking, AIDS,
cancer or physical/mental cruelty without
prior written consent of the Company;
- You are prohibited from previously downloading
or saving image not used in the term of agreement;
- You are prohibited from selling, permitting
or distributing image and its derivatives
to allow third party to download, extract
or access them;
- You are prohibited from online posting image
in a downloadable form or distributing through
a mobile device; and
- You are prohibited from using image without
clarifying source of the image as mentioned
below if it is used for edition(quoted from
"www.imagehub.com")
1. For web use: web
design(online makings such as homepage/banner
ad/webzine/e-mail marketing and so on.)
2. For print use: print design(book/book
cover/leaflet/catalogue/brochure/house journal),
ad design(magazine/newspaper/vehicle/TV)
| P.R. materials(big size prints/signboard/placard/outdoor
ad/card/t-shirt/cup/frame/lottery ticket/sticker/menu
board etc.), |
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| Other inquiry |
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| Contact us (imagehub@npine.com)
for redistribution such as portal site and
the MCP/CP, e-Card and homepage company or
using image in an online downloadable form. |
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