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SBS / SBSi “User Terms of Service” Chapter 1 General Provisions Article I Purpose The "User Terms of Service" is aimed at defining terms and procedures for the use of Internet-related services (hereinafter referred to as "services") provided by SBS and SBSi (hereinafter referred to as "SBS"), according to the relevant laws such as the Telecommunication Business Act and the Act on the Promotion of the Use of IT Network and on the Protection and Use of Information. Article 2 (Effect and revision of "User Terms of Service") 1. “User Terms of Service” is effective when the "User Terms of Service" posted on the initial service screen and users agree to its contents. 2. SBS can revise the "User Terms of Service" in ways that do not violate relevant laws such as the Regulations on Terms of Service Act, the Telecommunication Business Act, the Act on the Promotion of the Use of IT Network and on the Protection and Use of Information. If members do not agree to the revised terms, they can terminate their membership according to the form provided by SBS. 3. For the revision of “User Terms of Service”, SBS shall post on the initial service screen the effective date and the clear reason of the revision with the current "User Terms of Service," seven days before the effective date until the day before the new terms go into effect and it is effective in the same way Clause 1. 4. It is a general principle that the revised terms only apply to the contract entered into after the effective date and for the contract entered into before the effective date the previous “User Terms of Service” applies. However, for the convenience of agreement procedure for the members that want the application of the revised “User Terms of Service”, if contracted users do not express any rejection of the revised terms after the posting of Clause 3 of this Article, this shall be understood that they have agreed to Clause 1 of this Article and the revised terms will be applied. Article 3 (Other Standard Rules) Items not stipulated in the "User Terms of Service" and the interpretation manner of the terms are governed by the Basic Telecommunication Act, the Telecommunication Business Act, the Act on the Promotion of the Use of IT Network and on the Protection and Use of Information and other relevant laws and regulations and commercial practice. Article 4 (Definition of Terms) The terms used in the “User Terms of Service” are defined as follows. 1. “SBS” refers to the business or the Internet-related services provided by SBS and SBSi 2. "User" refers to one who receives services provided by SBS regardless of membership standing. 3. "Member" refers to one who has received user ID by providing his or her personal information, continuously gets data from SBS and uses services provided by SBS (it includes all the multimedia editing services such as communication service, video/image/audio etc provided by SBS). 4. “Non-member” refers to one who uses services provided by SBS without joining as a member. 5. "ID" refers to a combination of letters and numbers as chosen by the user and provided by SBS for the purpose of identifying the user and helping him or her to use services. 6. "Password" refers to a combination of letters and numbers chosen by the user to identify him or herself and protect his or her personal information. 7. "Termination of membership" refers to SBS or the member terminating his or her contract. Chapter 2 Subscription, Revision and Termination of Service Contract Article 5 (Subscription) 1. User sincerely fills out an application form provided by SBS and applies for a subscription on the use of services in agreement with the "User Terms of Service" and the subscription is completed when SBS authorizes the membership by going through the procedure of confirming user’s real name. 2. Legally under aged child must register after receiving consent from legal guardian apart from filling in the application form. 3. Child under age 14 needs to complete agreement process of legal guardian as special law requires apart from filling in the subscription form before supplying member’s information to SBS. At this time, the legal guardian of a child under 14 years old gets the following rights after going through due formalities (providing information for legal guardian verification etc). 1) Agreement as to the personal information provision of child under 14 years old to the third parties 2) Demand for withdrawal of personal information provision agreement of a child user under 14 years old and error correction or reading of the personal information provided by the child. 4. SBS registers user who applied for a membership unless he/she falls under the following categories. 1) If an applicant lost a member status before (However, it is an exception if 3 years past after the membership disqualification and if the member received a permission for the reapplication) 2) Falsehood, statement oversight, omission of registered content and subscription using false name 3) Registering as other member is considered as markedly interfering with the SBS’ service 4) When it is impossible to send an email using the registered email address or additional fee is incurred. 5. When member first joins, he/she is subscribed to the shopping mall and the SBS-SBSi pay service at the same time due to the member’s convenience to be provided with various services by SBS (shopping mall service, communication service, multimedia editing service etc) and member agrees to the application of the relevant “User Terms of Service”. Member or member’s legal guardian can at any time using separate email notice can selectively subscribe or cancel the service. 6. Using the member’s confirmation, bill settlement, posting of giveaways and marketing materials through statistical analysis, SBS collects and uses member’s personal information as follows in order to provide the best service for each member’s taste. 1) Information through membership application: name, residence number or identification number (for foreigners distinguish sex), address (home or work), telephone number (home/work), occupation, question and answer to confirm the member him/herself, email (optional), date of birth, mobile phone number 2) Additional information on legal guardian (parents) when child under 14 years old joins as a member: name, residence number, membership agreement (optional), telephone number (mobile phone number), relationship, email 3) Information on SBS money settlement, SBS money balance, transaction record and login time, bulletin board use, free video service use, event participation, and service information with cooperation company. 4) Information collected from the third parties such as Credit Intelligence Organisation etc 5) SBS owns the personal information collected when user joins until member’s withdrawal and after that it gets managed according to Article 7. Article 6 (Change in member information) 1. Member can change his/her personal information by accessing the SBS website or asking a SBS web manager to do it on his/her behalf. Member shall bear responsibility for any problems caused by unchanged information. 2. If member’s email address when he/she first used to register is impossible to send an email or additional fee is occurred, SBS can change the member’s email address or allocate a different email address. Article 7 (Withdrawal or loss of membership and service use restriction etc) 1. Members can terminate membership at any time and in this case, SBS shall immediately comply with the request using the fixed form. 2. SBS deletes all the member information within 1 month according to the relevant regulations when the member voluntarily terminates its contract. 3. After having had their membership revoked it is impossible to re-apply for the use of services within 30 days and to re-appy using the same id. 4. In the following cases, SBS can restrict or suspend membership: 1) When member inputted false information on the application form or applied using a false name not going through the correct name confirmation process. 2) Member threatened the order of e-business deals by obstructing others in the use of SBS services or stealing personal information of other users. 3) Member obstructed SBS in the management of services by altering information provided by SBS. 4) If member is found to be doing the following acts that are banned by law or the "User Terms of Service" or run counter to public morals. 5) When the underaged child joined as a member without getting consent from legal guardian. 6) If user does something running counter to “User Terms of Service” under the Article 17 (Users’ obligations) Clause 4 or Clause 9. 5. If member has not corrected the misdeed after SBS has restricted and suspended the use of service, SBS can revoke membership. 6. When SBS revokes membership SBS deletes the member registration. In this case, SBS notifies this to member and gives a chance to defend it. Chapter 3 Provision and use of Services Article 8 (Period of use of services and Suspension of services) 1. In principle, services can be used round the clock every day of the year except due to the operational or technically special occasions. However, it can be temporarily suspended due to SBS operational needs (regular check-ups and repairs etc). In such cases, SBS shall notify members of these changes before or after they occur. 2. SBS can suspend the use of services in the following cases: A. Unavoidable circumstance for operational reason such as service facility maintenance etc B. When the telecommunication service is stopped by term communication business prescribed by the Telecommunication Business Act C. Service interruptions caused by facility malfunction or use congestion. D. Service interruptions caused by a force majeure event. Article 9 (Notification and announcement to users) 1. SBS can provide various information that are necessary for the members’ use of service via e-mail or other medium. 2. For the unspecified number of members, SBS can replace individual notice and announcement by putting the notice on the bulletin board over a week. Article 10 (Duty of users’ personal information, ID and password) 1. When member registers for the service use he/she has to provide the complete information (hereinafter referred to as “registered information”) that corresponds with the current fact. Also, when the registered information is changed, member has to renew it immediately. If it is confirmed that your information is false (using someone else’s name, false name etc) or justified reason to question the provided information, SBS can partially or impartially suspend the member’s use of service and SBS is not responsible for the detriment occurred as a result. 2. SBS promotes the correct name policy in order to solve the problem caused by the use under false name. Member has to go through the real name confirmation process. For the service user who joined before this process is adopted and has not gone through the additional process, SBS can confirm the real name through the third parties such as Credit Intelligence Organisation. When it is confirmed that the member has not used his/her real names, SBS can delete all information on member such as personal information and ID etc and suspend services provided to the member. 3. When the member completes the subscription procedure for the service use he/she gets user account and password. For the purpose of member’s id and password management, if member encounters problem of password and id being used without member’s consent, member has to report it to SBS immediately and has to log-out everytime after the connection ends. 4. Member is responsible for illegally notified, transmitted and acquired personal information from other people and any kinds of information that was notified, transmitted, acquired through email or other method and SBS is not liable for it. 5. Unless SBS is liable under related laws and “personal information protection policy”, id and password responsibility lies with the user. 6. Member cannot transfer or donate his/her id and password to the third parties. 7. As soon as user realizes that his/her id and passwords are stolen or used by the third parties he/she has to imform SBS and has to follow SBS’ guidance. Article 11 (Ad posting) 1. SBS can post ads on service screens, homepage and email etc in relation to the operation of its services. 2. SBS bears no responsibility for any losses or damage incurred by members as a result of their participation in any sponsor sales promotions posted on the SBS service programs. Article 12 (Members’ posted materials) 1. Member assumes all rights including copyright and liability for materials he/she posted and SBS has the right to post them on the service website. However, for the posted materials made using the multimedia contents like video/image/audio etc, the original contents is exempt from member’s right and obligation and for the additional contents this Article’s Clause 2 and 3 apply. 2. SBS shall bear no responsibility for the authenticity and credibility of the information posted on the service website by users. 3. SBS shall bear no responsibility for materials posted, transmitted or received by members of the service website and the consequences thereof. SBS reserves the right to delete, at its own discretion, materials that it feels do any of the following: A) Disparage other members or third parties, infringe upon the privacy of others or damage the honor of others B) Run counter to public morals or order C) Hamper or could hamper the stable operations of the services D) Relate to a criminal act E) Infringe on the rights of others including intellectual property rights of SBS and/or others F) Promote the sale of certain products or have other commercial purposes G) Illegally alter information H) Illegally use the user ID and password of other members I) Have a demonstration effect that is incompatible with the rules and purposes of the bulletin board set by SBS J) Run counter to other relevant laws and regulations K) Remain posted for a longer period than approved by SBS Article 13 (Posting of materials provided by SBS contents) 1. Contents provided by SBS mean the multimedial contents such as video/image/audio etc owned by SBS or through the contract with the third parties. The contents not provided by SBS mean the member’s posted materials as goverened by Article 12. 2. Member’s materials using SBS contents mean the result of creative activities such as editing, subtitle insertion of video, image, audio files using the multimedial editor (NeTV or contents production tool) provided by SBS. All the materials made using whole or part of the contents or creative tools provided by SBS fall under here. 3. When the new materials are created using the contents provided by SBS and editing other contents, members have a right to the creation, publication and delition but all other rights are not assigned to members and retunred to SBS. Members do not get rights other than creation, publication and edition because SBS has not transferred all rights inclusive of copyright to the members. 4. When members are editing the video provided by SBS they cannot alter the character or content of video thereby acting illegally, violating copyright and imageright and injuring other people’s reputation etc. 5. When the materials in whole and partly made by insertion and deletion of the contents provided by SBS are applicable to any of this Article of Clause 4 and Article 12 of Clause 2, SBS can delete the materials at its discretion. 6. SBS has right of service through SBS’ site, other site and other kind (media) to the materials using the contents provided by SBS and it is considered that members agreed to it by participating in the writing, editing etc activities. If members do not want this, members can prevent this by using the deletion right as assigned in this Article of Clause 3. SBS has done its duty by servicing it at different site and converting to other form (media) before deleting the said contents and if SBS cannot process the deletion real-time reflecting this later. 7. After the new contents is produced using the contents provided by SBS and due to the change in the right if SBS can no longer service this, SBS does not notify this to users individually and they can delete it after posting it on the SBS site. 8. When the said service is interrupted (or terminated) due to SBS’ policy change, SBS can stop the said service after posting the notice on the SBS site over 7 days and then SBS can delete the said contents. 9. For the contents made by members’ creative activity using SBS’ contents, SBS can let it to be used at other site (blog, personal homepage etc) through decided method like link etc or procedure for member’s convenience. At this time, SBS forbids the act of collecting the said data systematically and mechanically and storing it as a database form or using it for the commercial purpose or to the equivalent purpose (SBS’ metadata collection related to the service seen in portal or search site etc. servicing after process, servicing at the search result page in the form of image, title, content and link provided by SBS) by misusing the method and procedure decided by SBS. When it is breached, SBS can deal with the relevant member or company according to Article 14 Clause 1 & 2 and in accordance with law Article 14 (Radio on-air broadcasing player service) 1. When SBS is providing radio on-air broadcasting service (gorilla player) and software is updated, SBS provides updated software to users without separte notice procedure. 2. Members cannot invent or process the software or relevant documents at their discretion through revision, translation, reverse-com-file, reverse-engineering and other transformation. 3. Members cannot rent or sell software for the commercial purpose and cannot provide a commercial service using software. 4. Members cannot revise or copy, manufacture, transfer, sell the software, information and services provided through gorilla service. 5. All the services and contents’ use provided through gorilla player are possible for the members’ own non-commercial purpose. 6. Regard to the gorilla service, members cannot infringe upon others’ Intellectual property right. 7. SBS does not guarantee the truthness of the contents and compliance with the copyright of the multimedia contents provided by gorilla service. However, the content produced and provided by SBS is an exception. Article 15 (Protection of intellectual property rights) 1. SBS owns all copyrights and intellectual property rights of its productions and others are banned from copying, transmitting and distributing etc other than service. 2. Members cannot make commercial use of the materials provided through services, including processing and/or selling of the information they have obtained through services. 3. Whether commercially minded or not, members are banned from using all content and/or services provided by SBS using simple links and/or other electronic methods in other space than the SBS website. However, this is an exception to the special service decided by SBS and at this time, members have to use it through the method and procedure decided by SBS. Chapter 4 Protection of personal information SBS’ personal information protection policy complies with the Act on the Promotion of the Use of IT Network and on the Protection and Use of Information. The relevant content is framed according to the ‘personal information protection policy’ effective from 1 June 2000 and notified on the site. Chapter 5 Each Party's Rights and Obligations Article 16 (SBS' obligations) 1. SBS shall not do anything that is banned by law and the "User Terms of Service" and SBS must strive to provide members with consistent and stable services. 2. SBS takes a necessary meaure for the protection and management of users’ personal information (inclusive of credit information) in order for the users to use internet services safely. 3. SBS shall not send the commercial emails for profit making which are not wanted by users. 4. SBS shall not leak and/or distribute the personal information of members to others without their consent. Unless, in the following instances: A) relevant state agencies demand it in accordance with regulations such as Basic Telecommunications Law B) Criminal investigation purpose or demand from Information and Communication Ethics Committe C) Demand accordance with procedures decided by other pertinent laws. 5. SBS prepares for all the members or part of members’ information materials regarding work and can use it and transmit cookies to members’ computer using the service. Article 17 (Member's obligations) 1. Members must observe relevant laws and regulations set by SBS, including the "User Terms of Service" and SBS notices on the use of services. 2. Members provide and maintain the contents as required for subscription form that are honest and correct and same as the current fact and therefore the complete information. 3. Members bear total responsibility for keeping their ID and password to themselves and for all consequences arising from the use of their ID and password. They are fully responsible for the result incurred as a result of the negligence in management. 4. Members cannot let others to use their id and password and they should immediately notify SBS if they have found their ID and password used without their consent and have to follow SBS’ guidance. 5. Members are banned from engaging in any business activities using services without prior approval from SBS. 6. Members cannot use the information obtained using SBS for commercial purposes by duplicating, transmitting, publishing, distributing, broadcasting, and other methods prior approval from SBS and cannot let third parties to use it. 7. When neglected the information change according to Article 6 (Change of member information) Clause 2. 8. Member’s act principle A) Users are responsible for the published materials or contents through this service B) Members do not act illegally, harm others or injure other’s reputation. C) Members do not use the collected and stored personal information of others. Chapter 6 Others Article 18 (Dispute resolution and others) 1. SBS reflects the justifiable opinion and complaints brought by users and deals with it appropriately and quickly. 2. If the swift dealing is not possible SBS notifies the reason and the management timetable to users. Article 19 (Compensation for damage) SBS bears no responsibility for any damage to members or users in relation to the use of services that occurred without SBS’s willful or gross negligence. Article 20 (Escape clause) 1. SBS shall bear no responsibility for damage caused by users' willfulness or errors among the kinds of damage caused to users in relation to their use of services. 2. SBS is exempt from failure to carry out the service provision due to the reasons provided in “User Terms of Service” 3. SBS does not guarantee SBS’ linked site and therefore, is not liable for any transactions occurred between the linked site and users. 4. SBS is not liable for damage caused by users' willfulness or errors in relation to error in service use. 5. SBS shall not be liable for the credibility of the information, materials, or facts posted by members on the service website. 6. SBS shall not guarantee that said service or digital contents are satisfactory to the special purpose or needs of members. Accordingly, SBS is not liable for the member’s dissatisfaction in terms of quality, performance, accuracy or effort in the use of services. Article 21 (Conflict settlement) When the fault clearly lies with SBS, members can resolve conflicts smoothly by notifying this to SBS using call centre run by SBS before filing a lawsuit. [Additional clause] This "User Terms of Service" goes into effect from 1 April 2006 and the previous “User Terms of Service” which was effective from 1 April 2005 is replaced with this “User Terms of Service”. ● sbs.co.kr site administrator(s) for personal information / Youth Protection SBSi site administrator(s) for youth protection Name: Jin Ho KIM Department/Title: SBS Web System / Team Leader Email: jhkim@sbs.co.kr SBSi site administrator(s) for youth protection Name: Yoon Il LEE Department/Title: SBS Web System / Assistant Manager Telephone No: (02)2001-6745 Email: woonillee@sbs.co.kr View the previous “User Terms of Service” before 20 November 2006
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