Starcon Terms of Service
Article 1. Purpose
The purpose of the Terms of Services is to define the rights, duties and responsibilities between the company and its members and other necessary affairs related with the use of the Starcon service (Hereinafter “Service”) provided by Prompt Incorporated (Hereinafter “Company”).
Article 2. Definition
The definition of the terms used in the Terms of Service are as follows. Furthermore, the interpretation of the terms undefined in the Terms of Service shall follow the applicable laws and regulations and general commercial practice.
-Member: Member refers to the customers using the “Service” provided by the “Company” after making a contract with the “Company” in accordance with the Terms of Service through the access to the “Service” of the Company.
-Account: Account refers to the log-in account based on the user’s e-mail address and password required for the use of the “Service.”
-Premium Service: Premium Service refers to the digital contents (Virtual Currency, Item, Features and Others) and various other services provided by the Company after the payment through the policy and procedures fixed by the “Company.”
-Star: Star refers to the virtual currency exchangeable with the payment of “Premium Service.”
-Point: Point refers to a kind of compensational system provided to the “Members” which may also be interpreted as the points provided by the Company in accordance with the use of the “Service” or the product showing promotional characteristics “Point” may be defined as the currency which may be used like cash but cannot be converted into cash.
-Open Market Business Operator: The Open Market Business Operator refers to the businesses providing services for installation and the payment of the Company’s service. (Example: Google’s Play Store, Apple’s AppStore and Others)
Article 3. Specification, Effect and Changes of the Terms of Service
1. The Company shall post these contents, company name, location of the office, contacts and other terms and conditions of the Terms of Service on the http://starcon.me (Hereinafter “Web Page”) so that the Members may examine and understand the contents of the Terms of Service.
2. The Company may revise the Terms of Service within the extent that it does not violate applicable laws including the “Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.”, “Regulation of Standardized Contracts Act” and Others.
3. If the Company is revising the Terms of Service, the Company shall notify the existing Terms of Service, revised version of the Terms of Service, date of application of the revised version of the Terms of Service, reason for revision along with the current Terms of Service 7 days before the date of application until the date of application. However, if the revised version of the Terms of Service contains items unfavorable to the Members, the company shall notify the contents 30 days before the date of application.
4. The Company shall notify the contents clearly to the members using one or more methods among the defined methods.
-Posting the contents at the initial log-in stage
-Posting the contents within the Web Page
-Other notification methods decided by the Company and Others
5. The Member will be deemed to have accepted the revised version of the Terms of Service if the the member continues to use the Company’s Service after the date of the application notified in accordance with the Article 3 Section 4. The Member may cancel the contract for the use of the service freely without any constraints if the Member disagrees with the revised version of the Terms of Service. The Member shall follow the refund policy set by the Company if the Member using the “Premium Service’ does not provide consent on the revision of the Terms of Service and cancels the use of the service.
Article 4. Interpretation of the Terms of Service
1. Furthermore, items or interpretations undefined in the Terms of Service shall follow the applicable laws and regulations and general commercial practice.
3. The Terms of Service shall be provided in Korean version and English version for the convenience of the users. In the event of any conflict between the Korean version and the English version, the Korean version shall take precedence.
Article 5. Membership
1. A person willing to become the “Member” (Hereinafter the “Applicant”) shall apply to join the Service by agreeing on the contents of the Terms of Service, and the Company shall consent to the use of the Service in accordance with the application process unless there is operationalㆍtechnical conflict.
2. In principle, the Company shall consent to the use of the “Service” on the application to use the Service by the “Applicant.” However, the “Company” may not consent to the applications or may terminate the contract in the future if the cases fall into the following items.
-In the event that an Applicant has lost membership qualification before by this Terms of Service. However, exception will be provided for those who obtained an approval of re-application of membership by the Company.
-In the event that names of other persons were used to apply for membership.
-In the event that erroneous information was described, or contents required by the Company were not described
-In the event that no approval was obtained from a legal representative (parents) for child under 14 (This item shall be applied if the Company confirms that the person is a child under 14)
-In the event that approval became impossible to user’s attributable reasons, or a use requests for application while violating other various regulated matters
-In the event that the purpose of the use of the “Service” for illegal or profit-making purpose
-In the event that the purpose of the application may hinder the law and order or beautiful and fine customs of society or violates applicable law or regulations
-In the event that the application was confirmed to violate the Terms of service or confirmed as illegal or deemed necessary under the reasonable discretion of the Company
3. The Company may request the Members to verify their names and identity through specialized institution or agency in accordance with the types of the Members regarding the application concerning Section 1 and Section 2.
4. The Company may defer its consent on the application if the Company cannot afford the service-related facility or have technical or operational difficulty.
5. The Company shall inform the Applicant if the Company disapproves or defers the application for membership in accordance with the Section 4.
6. The Company may differentiate the use of the Service by subdividing the service using time, service using numbers, service menu and others by classifying the ratings of the members in accordance with the corporate policy.
Article 6. Changes in Membership Information
1. The Members can read individual information at all times through individual “My Page” screen within the Service. The Members shall change their membership information if their membership information has been changed during the use of the Service. Here, the Members shall take full responsibility for any disadvantages generated from not changing the membership information.
2. Membership information (E-mail, Terminal Identification Number, Country and Language, Nickname, SNS ID entered at the application stage) and others required for the management of the Service cannot be modified.
Article 7. Duties to Protect Personal Information
Article 8. Duties on the Management of the Member’s Personal Information
1. The Member shall be responsible for managing individual “Account” and the Members shall not allow a third party to use the Account of the Member.
2. The Member shall promptly notify the Company and follow the Company’s guideline in the event it is recognized by the Member that the Account of a Member is misused, or used by a third party.
3. In case of Section 3, the Company shall not be liable for the disadvantages if the Member does not notify the facts to the Company or does not follow the guideline of the Company even after notifying the facts to the company.
Article 9. Provision of Information and Posting of Advertisements
1. The Company may provide various information including advertisement and others on the service screen by the means including but not limited to posting on the service screen, exposure of pop-up screen, push alarm and others for the extent of running the service.
2. The company may insert the Company’s advertisements or a third party’s advertisement in the Service.
4. The Company may provide the contents related with the Service deemed necessary to be informed to the Members including announcements and others through the methods including but not limited to the posting on the service screen, exposure of pop-up screen, push alarm and others regardless of the Section 1.
Article 10. Postings of the Members
1. Members shall assume all rights including copyright and liability for materials he/she has posted and the Company shall have the right to post the materials on the service of the Company. However, for the posted materials made using the multimedia contents like video/image/audio etc, the original contents are exempt from the Member’s rights and obligations and for the additional contents this Article’s Section 2 and 3 shall apply.
2. The company shall not be liable for the authenticity and credibility for the information posted on the Service by the users.
3.The Company shall not be liable for materials posted, transmitted or received by the Members of the Service and the consequences thereof. The Company reserves the rights to delete, at its due discretion, materials that it feels do any of the following items:
1) In the event that disparages other members or third parties, infringes upon the privacy of others or damages the honor of others
2) In the event that runs counter to public morals or order
3) In the event that disrupts the stable operation of the Service or deemed possible to disrupt the stable operation of the Service.
4) In the event that relates to criminal actions
5) In the event that infringes the rights including but not limited to intellectual property of the Company and other person or entity
6) In the event that the contents are posted for commercial purpose including but not limited to the promotion of certain product or service
7) In the event that the entered information is illegally altered
8) In the event that the other Member’s ID and password is illegally used
9) In the event that the contents have a demonstration effect that is incompatible with the rules and purposes of the bulletin board
10) In the event that the posting is deemed to run counter to other applicable laws and regulations
11) In the event that the posting has remained for a longer period than approved by the Company
4. The Members approve that the materials posted within the Service shall be used for the following purposes in South Korea and in other countries.
-Using the postings within the service by using methods including but not limited to copying∙trasmitting∙displaying of the postings (The cases include posting∙transmitting of the postings through the main page, other pages or other functions within the service. The cases only include the provision of the service through the services or media sections operated by the third parties.)
-Using the postings through the methods including but not limited to copying∙transmitting∙displaying of the postings on the other services operated by the Company. However, the materials posted within the service will not be used if the members disagree on copying∙trasmitting∙diplaying of their postings on the other services operated by the Company.
-Reporting or broadcasting the contents of the postings to the media or telecommunications companies for the purpose of advertising or promoting the Service of the Company. In such cases, the Company shall not provide membership information to the media or telecommunications companies without the consent from the Members.
-Modifying the contents of the postings by using methods including but not limited to converting∙simplifying∙optimizing the size of the postings when using the postings for the purposes listed on the items of this section.
5. The Company shall receive consent from the Members prior to the use of the postings through the methods including but not limited to phone call and electronic mailing service when the Company is willing to use the postings for commercial purposes not described on the items listed on the previous section (Example: Receiving financial benefits in return for providing the postings to the third person of the third party). In such cases, the Company shall provide separate compensation to the Member(s).
6. If the member posts a material on the Service, it will be deemed that the member has approved the use of the material by the Members within the Service or the exposure of the material to other Members within the Service. However, the range of the exposure shall be determined in accordance with the setting.
Article 11. Posting of the Works of the Users Using the Contents Provided by the Company
1. Contents provided by the Company mean the multimedia contents provided to the Members such as video/image/audio etc. owned by the Company or through the contract with the third parties.
2. When Members are editing the images or others provided by the Company, the Members shall not violate the copyrights or the copyright holders or portrait rights or the portrait right holders by altering the character or the contents of the image. Furthermore, the Members shall not conduct illegal actions including but not limited to injuring the other people’s honor.
3. If a member has created a new copyrighted material by editing the other contents different from the contents provided by the Company, the member shall hold the right to generate, post, and delete the contents. However, the Company shall hold all the other rights. The reason why the member does not have the rights beside the rights to generate, post and delete the contents is because the Company did not transfer the rights including but not limited to the copyrights on the contents provided by the company to the member.
4. If the contents cannot be provided through the service from the changes in the legal relationship on the contents provided by the Company after the Member’s production of new contents by using the contents provided by the Company, the changes in the legal relationship will not be notified to the members who used the contents provided by the Company. The contents may be deleted after notifying the changes of legal relationship through the website operated by the Company.
5. The Company has the rights to provide the copyrighted materials of the Members using the contents provided by the Company through the websites operated by the Company, other websites chosen by the Company and other media. When the member participates in the activities including but not limited to the production and editing, the member will be deemed to agree to the terms and conditions.
6. If the Service is discontinued (or terminated) in accordance with the changes in the corporate policy, the Company may discontinue the Service or delete related contents after notifying the announcement on through the website operated by the Company for more than 7 days
7. If the Member cancels the contract for the use of the service or when the contract for the use of the service is terminated, all the postings recorded on the member’s account shall be deleted. However, postings reposted by the third person or the third party or the comments posted on other members and others shall not be deleted if the materials are deemed necessary for the use of the service by other members.
8. The Company may change or move the location of the posting without altering the contents of the posting in accordance with the service policy, and the Company shall notify the changes to the member(s) in advance.
Article 12. Attribution of Rights
1. The portrait rights and the copyrights of the contents provided by the Service shall be owned by the Company, and the copyrights and other intellectual rights shall belong to the Company
2. The Company shall grant only the rights to use which allows the members to use the ID, contents, points and others in accordance with the terms and conditions for the use for the use of the Service which are determined by the company. Here, the Member cannot sell the rights to use to third person or third party through the methods including but not limited to transfer, sales and the provision of security.
3. The Members cannot commercially use the data or materials posted on the service including but not limited to the processing or sales of the information gained through the use of the Service.
4. The Company may save and share all the contents or services provided by the Company through the methods and procedures set by the Company, and the member shall be responsible for the secondary copyrighted materials produced by the member and shall also be responsible for distributing or sharing the materials.
Article 13. Duties of the Company
1. The “Company” shall not do actions prohibited by the applicable laws or regulations or the Terms of Service or do actions that goes against public morals. Furthermore, the company shall do its best to provide the “Service” in a continuous and stable manner.
3. The “Company” shall deal with the complaints and inquires sincerely if the complaints and inquires related with the use of the “Service” filed by the Member is deemed reasonable. The process and the result for the complaints and inquires filed by the Member shall be delivered through the methods including but not limited to the In-App messaging and electronic mailing service.
Article 14. Duties of the Members
1. The Members shall obey the applicable laws, Terms of Service, Operation Policy, Announcements and Others, and shall not conduct any actions disturbing the use of the service by the Company or other Members.
2. The Members shall not transfer, give, use or provide the rights of use of the Service or dispose the rights of use including the providing the rights of use as security.
3. The Members shall manage their own portable terminal, ID, password, and shall bear all the responsibilities on the outcomes caused from the improper management, faulty use, burglary, loss and others. Here, the Company shall not bear any responsibility on such matter.
4. The Members shall not perform the following actions when using the Service.
-Actions against public order and beautiful and fine customs
-Actions damaging the third person’s honor or credit
-Actions maliciously slandering∙insulting∙making travesty of the third person
-Actions violating other people’s rights including but not limited to the copyrights, portrait rights and moral rights of a third person
-Actions encouraging criminal actions or beautifying∙encouraging or admiring criminal actions
-Actions advertising∙introducing∙posting∙transmitting obscene, suggestive or violent materials
-Actions advertising∙introducing∙posting∙transmitting materials triggering fear, anxiety or hatred
-Actions encouraging discrimination including but not limited to racial∙religious∙political∙sexual∙disability∙ancestral∙social∙regional discrimination
-Actions collecting other people’s personal information or faking∙falsifying∙damaging∙destroying∙altering∙leaking the information entered by other people without necessary permission
-Actions invading other person’s secret or privacy without permission
-Actions transmitting commercial advertisements or advertising programs or deceiving others
-Actions distributing computer viruses or malignant codes
-Actions conducing commercial activities including sales activities
-Actions mediatingsuggesting•enticing•brokering•advertising prostitution, illegal loan service and others
-Actions entering false information when applying for the use of the service or when changing the information while using the service. Furthermore, actions using other people’s personal information.
-Actions interrupting the operation of the Service of the Company or the use of the Service by other Members
-Actions falsely impersonating the managers, staffs, or related persons of the Company
-Actions violating applicable laws or regulations or corporate policy
-Actions deemed to go against good faith, social rule or common sense
5. The Company may take necessary measuring including the deletion of the related postings or banning of the use of the service of the relevant member(s) if the Member’s actions fall into the categories listed in Section 4.
Article 15. Provision of the “Service” and Others
1. The Company may request the Members to go through certain procedures including but not limited to Joining for the purpose of providing the “Service” to the Members.
2. The Company may designate the available hours for the services after dividing the range of the “Service.” In such cases, the Company shall notify the contents of the changes in advance.
3. The Company may temporarily stop the provision of the “Service” if the Company has adequate reasons including but not limited to the maintenance, replacement, breakdown, loss of communication of telecommunications facilities including computers and operational reasons. In such cases, the Company shall notify the contents to the Members through the methods including but not limited to posting on the service screen, exposure on the pop-up screen or push alarm. However, if the Company cannot notify the contents in advance, the Company may notify the contents after the event.
Article 16. Changes in “Service”
1. The Company may add contents and features within the “Service,” and shall notify the explanations on the added contents and features in advance or at the time of update.
2. The Company may alter of stop the “Service” in whole or in part in accordance with the operational or technical necessity when the Company has considerable reasons including but not limited to the difficulties regarding the provision of the “Service” and the worsening of profitability from the reduction in the use of the Service, necessity to convert into next-generation “Service” in accordance with technological progress and changes in corporate policy related with the provision of the “Service.”
3. The Company may modify, stop, alter the “Service” provided free or charge in whole or in part for the necessity of the corporate policy and the operation of the company. In such cases, the Company does not provide compensation to the Member(s) unless there is special terms and conditions on the applicable laws and regulations.
4. If the Company is willing to alter the contents, method of use or time of use of the “Premium Service” or is willing stop the “Service,” the Company shall notify the changes to the Members for a certain period of time by using the method recognizable by the Members through the construction of “Announcement” or “Introduction” page before the alteration or the stopping of the Service.
Article 17. “Star”
1. “Star” is a commodity provided to the Member when paying for the ‘Premium Service” and shall be provided to the Member through the purchasing process.
3. “Star” can only be used through the “Account” which purchased the star(s), and cannot be transferred to other “Account(s)”
Article 18. “Point”
1. “Point” is a reward given to the users in accordance with their activities. The name of the points, forms of provision, method of use may be managed flexibly in accordance with the contents of promotion.
2. The Company shall post of notify the accumulation standard, method of use, items on the terms and restrictions of use on the “Service” screen or “Announcement” page when the Company is altering the contents of “Point.”
3. The effective period of “Point” may be determined separately in accordance with the contents of promotion.
Article 19. The Use of “In-App Payment”
1. The application includes the In-App payment feature designed for the purchase of the In-App items.
2. The Company’s “Premium Service” can be purchased through the “In-App Payment” feature of “Open Market Business Operator” in accordance with the types of terminal, and the Members shall purchase digital contents in accordance with the payment management policy of the “Open Market Business Operator.”
3. The “Company” shall not be responsible for the damages from “In-App Payment” of the third person or the third party occurring from not using or carelessly managing password setting feature of his or her terminal and open market system and from careless management
4. The Company shall apply the module, library and others for “In-App Payment” provided by the open market in accordance with the recommendations and “Guideline on the Payment of Open Market Mobile Contents” from the Korea Communications Commission.
5. If the Member has joined the payment system for teenagers of his or her telecommunications company, it will be deemed that the legal representative of the member has agreed on the contents at the In-App payment on the relevant terminal.
6. The Members are responsible for sincerely making one’s In-App payment.
Article 20. Refund Policy
1. The Company shall not be responsible for the problems occurring from the use of the service provided by the third person or the third party (Example: Google Play Store, Apple App Store and others) unless the problems are from the intention of the faults from the Company.
2. The Company shall not be responsible for the matters related with the payment errors, refund, cancellation of purchase and others occurring in the process of using the service provided by the third person or the third party. The member shall solve his or her problem(s) with the service provider in accordance with the policy and procedures determined by the service provider.
3. The Company may arrange a limit for the member’s payment by each payment method in accordance with corporate policy, store’s policy and government’s policy.
4. If the subscription is cancelled due to reasons attributable to the Member, the charges and others required for the refund shall be burdened by the Member.
5. Fees from downloading the application or using the network service (phone bill, data charges and others) may be excluded from the refund.
Article 21. Cancellation of Membership
1. The Members may terminate the contract for the use of the service at any time through the setting within the Service.
2. The Company may terminate the contract for the use of the service if the Members are responsible for the following cases. The contract for the use of the service shall be terminated at the time of notification of the intention to terminate the contract to the Member. In such cases, the Company may notify the intention to terminate the contract through the electronic mailing address registered by the member or other applicable means.
-In the event that violates public moral and order or violates other people’s or Member’s rights, honor, credit or other righteous benefits
-In the event that the Member attempts to interrupt or interrupts the smooth progress of the Service
-In the event that the Member falsely spread false information or unconfirmed information about the Service
-In the event that the Company admits the necessity of rejecting the provision of the Service based on reasonable consideration
3. The following information shall be deleted at the termination of the contract for the use of the service, and the information will not be restored even when the member rejoins the service.
-Account and Profile Information: ID (E-mail), Nickname, Password, SNS, Identification Information and Others
-Purchase History: Purchased Item(s)/Commodity(ies)
-Current Contents: Items(s), Commodity(ies) and Others
-Star: History of Star(s)
-Point: History of Point(s)
-All the other information set by the user which are stored within the device
4. The member shall bear all the damages from the termination of the contract for the use of the service and the Company shall not be responsible for any damages.
Article 22. Cancellation of Use Agreement, Loss and Suspension of Qualification
The Members may request for the termination of the contract of ask to suspend the use of the service upon his or her own will. If the Member requests to suspend the use of the service, the member should apply the request through the procedures designated by the Company including e-mail and others. If the Company confirms that the member falls in to the following items, the Company many takes measures including the retention/suspension/termination of membership without advanced notice to the member. In such cases, the member cannot claim his or her rights related with the Service.
1. In the event that the Member has falsely registered false contents at the joining process.
2. In the event that the Member has used the point(s) for illegal purpose or through illegal methods including but not limited to illegal accumulation and illegal usage. Illegal accumulation refers to the cases where the points were accumulated even when the member has not completed the due procedures of confirming advertisements and conducting certain actions. Furthermore, the illegal accumulation also refers to the cases where the member has received points far beyond the points suggested by the Company. The Members should confirm the advertisements and conduct actions required by the advertisements in order to receive points and fulfill due procedures provided by the Company. All the other cases shall be deemed as illegal accumulation.
3. In the event that the member violates the regulations on copyrights notified by the Company through the Announcement within the Service
4. In the event that the Member dies
5. In the event that the Member threatens the order of electronic commerce through the methods including the interruption of the use of the homepage of the Service by other Members or expropriating the information.
6. In the event that the member causes continuous threat/harassment/pain/inconvenience on the other Members within the Service and the staffs and executives of the Company.
7. In the event that the member has impersonated the manager/executives and staffs of the Company or the Company within the Service
8. In the event that the member has used and illegally stolen the personal information of the third person or the third party at the joining process
9. In the event that the member causes public order and morals or violates applicable laws or regulations while using the Service.
10. In the event that the member violates other rights including intellectual property rights such as patent, trademark, copyright and trade secret of third person or third party.
11. In the event that the actions were a threat to the system including but not limited to the alteration of the homepage or the client program of the Company or the cracking of the Company’s server without the authorization from the Company.
12. In the event that the Member induces the visitors or the Members to visit a certain website without concerning their personal opinion.
13. In the event that the actions violate the applicable laws and regulations including the illegal trade of illegally reproduced software and the copyrights materials of the third person or the third party during the use of the Service.
14. In the event that the member has organized an organization based on anti-social or anti-moral prejudices on ethnicity/sex/religion/nationality and others
15. In the event that the member collects personal information of other Members including but not limited to ID/E-mail account and others
16. In the event that the Member’s actions are deemed to be connected to criminal activities or violate applicable laws and regulations
17. In the event that the Member induces or encourages the other Members to do the forbidden actions of Section 6 or Section 17
18. In the event that the Member violates the duties of the Members defined in this Terms of Service
19. In the event that the Member violates the service policy notified by the Company
Article 23. Exemptions
The Company shall be exempt from liabilities for the following items.
-In the event that the provision of the Service became impossible due to force majeure accidents including but not limited to natural disasters
-In the event that damages were from unavoidable reasons including but not limited to the maintenance, replacement, regular inspection, and construction of the service facilities
-In the event that the use of the service was disabled from the causes attributable to the Member(s)
-In the event that the liabilities are about the contents including but not limited to the credibility and the accurateness or the service-related information, data and facts posted by the Member(s)
-In the event that the transaction was made between the Members or between the Member and the third person or the third party by using the Service
-In the event that the payment was made by the third person or third party from the carelessness of the Member(s)
-In the event that the damages were from the third person or the third party’s illegal disturbance of the operation of the server
-In the event that the damages were from the errors, omissions, destructions and others found on the network of the transmitted data.
Article 24. Others
1. The Company shall own the rights on the Service, property rights, and intellectual property rights.
2. The contents of the Service may be altered in accordance with the service policy of the Company and internal policy and others of the affiliated companies.
4. This Terms of Service shall be effective from July 7th, 2016.