1. Purpose
1) Whosfan Terms of Service (hereinafter referred to as the “Terms”) refers to the entire terms including the terms specified here and any additional terms that may be added thereto.
2) The purpose of the Whosfan Terms of Service is to clarify the legal relation between HANTEO GLOBAL, INC (hereinafter referred to as the “Company”) and the users (hereinafter “users” or “members”) who formed a contract of use (hereinafter “User Agreement”) with the company in accordance with this Terms of Service while the users are using the service.
3) The Company will post the Terms and privacy policy on the Service’s My Page section, etc. so that Members can easily confirm them.
2. Membership and Use
1) Whosfan account refers to the login account created by a Member in order to use the Service provided by the Company. Whosfan account works in the process of syncing with the external social logins that the Company provides and the Company approving the subscription
2) Member login is required to use the Service provided by the Company, and certain menus and Services can be used without joining as a Member.
3) After a Member subscribes to the Service, all Services provided by the Company will become available.
4) When the Member logs in to the new Service for the first time, the Company will proceed with the procedures such as the agreement of usage and individual services’ User Agreement.
3. Conclusion of the User Agreement
1) The User Agreement is concluded by the person who wants to be a Member (hereinafter “Applicant”) agreeing to the content of the Terms and applying for the membership and the Company approving this application. From the moment of the Company’s approval and the User Agreement is concluded, the Applicant becomes a Member and can use the Service in accordance with the Terms.
2) The Company may collect (personal) information such as the email address in the process of concluding the User Agreement, in which case the Applicant should provide accurate (non-false) information. A separately posted privacy policy applies in regards to the collection, usage, and storage of the personal information per this Paragraph.
3) The Company may delay or decline the approval and/or terminate the User Agreement after the fact in the following cases of the Applicant’s membership application: mechanical access to the system of the Service, theft of accounts, providing false information, the Applicant’s history of abusing the Service, or any other cases deemed inappropriate for the Company to approve the application of the Applicant.
4. Amendment of the Terms
1) The Company may amend the Terms to the extent that it does not violate the relevant laws and regulations.
2) When the Company revises the Terms in accordance with the preceding Paragraph, the Company shall specify the effective date, the details of the change, and the reasons, and notify it through the Service 7 days prior to the effective date as well as the Members’ individual emails.
3) If the Member does not agree with the changed terms, the Member may terminate the User Agreement for the Service concluded through the Terms and suspend the use of the Service.
4) If the Company has notified that the Company will consider that a Member has agreed to the amendment of the Terms if the Member does not explicitly express the intention to refuse before the effective date along with the amendment of the Terms in accordance with Paragraph 2 of this Article, the Company considers that the Member has agreed to the amendment of the Terms if the Member has not expressed an intention to refuse.
5. Change and Suspension of the Service
1) The Company may change the contents of the Service if necessary. However, if the change in the contents of the Service has a material effect on the rights and obligations of the Members, the change will be made with the procedures of notification pursuant to Article 4.
2) The Company may temporarily suspend the provision of the Services in the event of maintenance, replacement or breakdown of information and communication facilities, loss of communication, or any significant reason affecting the operation.
3) The Company may conduct scheduled maintenances if necessary for the provision of the Services and may temporarily suspend the provision of the Services during the scheduled maintenances.
4) The Company may terminate the Service for reasons such as management of the Company.
6. Advertising
1) The Company may place ads of the Company or that of the third party on the Service.
7. Rights and Obligations of a Member
1) A Member shall personally and non-commercially use the contents (hereinafter referred to as “Contents”) such as charts, VODs, and schedules that are provided to the Member through the Service. The Member shall also perform actions (for example, adding a comment, sharing, or liking a content) that the Company allows through the Service.
2) The Member does not acquire any rights to the Content provided through the Service other than the limited rights specified in the preceding Paragraph.
3) The Member shall not use the Content beyond the scope of allowed in this Article, and any action such as specified below will result in the Member’s assuming legal and civil liability.
① Arbitrarily making the Contents into a separate video file
② Arbitrarily posting the Contents on the Internet
③ Arbitrarily offering the Contents to a third party
④ Any other infringement of the copyright of the Contents
4) A Member shall not engage in any activity that accesses the Service’s server and network system in an unauthorized manner or in any activity that interferes with the provision of Services
5) A Member should not do any of the following.
① Providing false information to the Company or steal information from others
② Infringement of intellectual property rights such as infringing copyrights of the Company and/or a third party
③ Damaging the reputation or hindering business of the Company and/or a third part
④ Using the Service for profit without the consent of the Company
⑤ Impersonating the Company or disseminating false information in regards to the Service
⑥ Other illegal or unlawful acts prohibited by laws and regulations such as "Promotion of information network use and information protection, etc.
6) The Member is responsible for the management of his/her own ID and password as well as any damages that may occur due to the intention or negligence of the Member. Upon the knowledge of one’s ID and/or password being stolen or used by a third party, the member should immediately notify the Company and follow the instructions of the Company if any.
8. Member Contents Creation / Operation Policies and Penalties for Violating the Policies
1) The following policies apply to all the contents created by Members (hereinafter referred to as “Member Contents”), including posts and comments created by Members.
2) Prohibited activities: Members shall not engage in the creation of the Member Contents that apply to the items below or any other prohibited activities.
① Content that defames the reputation of or slanders others (including the Company and the person featured in the Contents)
② Content that is against public morals, such as profanity, obscenity, and violence, etc.
③ Content that induces fear or anxiety without grounds
④ Content related to an illegal act prohibited by laws and regulations
⑤ Content that gives away information that is classified as trade secrets or state secrets by laws and regulations
⑥ Content that aims for a crime or instigates/abets a crime
⑦ Illegal content prohibited from posting under other relevant laws and regulations
⑧ Publishing the same/similar ‘Member Contents’ continuously/repeatedly
3) Penalties for violation: When violating the policies with the prohibited activities listed above, the following measures may be taken.
① The Member Content that has been confirmed to have violated the policies or has been reported more than a certain number of times will be temporarily removed automatically, and the Member who created the Content can provide an evidence that the Content does not violate the policies in order to lift the temporary removal.
② The Member who has been confirmed to have violated the policies or has been reported more than a certain number of times will be automatically restricted from creating Member Contents for a period of time, and the restricted Member can provide an evidence that the Content the Member created does not violate the policies in order to lift the restriction even during the period of restriction.
③ When needed, the Company can use the Member Contents created by Members.
9. Limitation of Use
1.The Company may temporarily or permanently limit the use of the Services by a Member.
2.Temporary restriction of use
① When the Member violates the obligation of a Member specified in Article 7
② When the Member violates the Member Contents Creation / Operation Policies specified in Article 8
3. Permanent restriction of use
① When the Member habitually violates the obligation of a Member specified in Article 7
② When the Member’s violation of the obligation of a Member specified in Article 7 consists of a crime
③ When the Member habitually violates the Member Contents Creation / Operation Policies specified in Article 8
④ When the Member’s violation of the Member Contents Creation / Operation Policies specified in Article 8 consists of a crime
10. Rights, Obligations, and Indemnities of the Company
1. The Company retains all rights to the Services.
2. The Company shall endeavor to provide a stable service, bit the Company shall not be held liable in case of natural disasters, war, or other equivalent force majeure.
3. The Company is not liable for damages arising from the use of the Contents by Members unless the Company has the liability such as intention or negligence of the Company.
4. The Company shall not be held liable for interruption of service use or failure due to reasons attributable to Members or a third party.
5. The'company' is not responsible for any problems arising from the device or the network environment of the Member without reasons attributable to the Company.
6. The Company is not responsible for the loss of profits expected by the Member using the service, and is not responsible for any damages caused by the data obtained through the service.
11. Notice
1. When the Company notifies Members individually, the Company may do so via email address unless otherwise specified in the Terms.
2. When the Company notifies the unspecified number of Members, the Company may post the fact on the Services’ screen for 7 days which substitutes the individual notice.
12. Credit
1. The Company may grant Credit to the Members based on their activities.
2. Credit refers to the points granted according to the Members’ using the Services and differentiated based on the type of activities. Credit may be used for the cases that the Company designates.
3. The method of earning and using the Credit is determined by the Company’s operation policies.
4. If the Member has accumulated Credit in a fraudulent manner, the Company may delete the Credit of the Member without prior notice and limit the Member’s usage of the Service.
5. When the Member loses the qualification or cancels the membership, the Credit of the Member is extinguished and cannot be transferred to another person.
6. Credits can be used after converting to the currency used for billing by the Member, and the exchange rate is based on the rate set by the Company.
13. Paid Service
1. The Members can use the paid service of the Company and its affiliates only after paying the fee specified in the corresponding information.
2. The Members who wish to use the paid service provided by the Company must confirming and agree to the contents related to the use and cancellation of the paid service in this terms and conditions and pay the usage fee (or membership fee) to the Company.
3. The Members can use the paid service provided by the Company through payment methods such as app store and its affiliates, etc. The contract for the use of paid services between the Company and the Members is established at the time when the approval of the Company reaches the Members (at the time when the indication of "purchase/payment completion, etc." of the paid service is indicated to the Member per procedure).
4. The Company provides paid services via the purchase of paid products for the use of paid services, purchase of other paid items, and purchase of paid contents, and may add or change the contents of the service according to the circumstances of the Company and other conditions.
5. The Company may set transaction limits such as monthly cumulative payment amount and payment limit per member according to changes in internal policies and external payment companies (credit card companies, etc.) and other related laws for the transaction amount of the Member charging coins. In addition, if the Member attempts to use the paid service in a range that exceeds the transaction limit set by the Company, additional paid service may not be available due to exceeding the transaction limit.
6. Paid services provided to the Members of the Company are categorized into services that can be withdrawn or be restricted, and Members who purchase a service that can withdraw subscription can withdraw their subscriptions within 7 days from the time of purchase. However, subscription withdrawal and refund may be restricted in the folowing cases, and in certain cases, the Company will take measures as stipulated in relevant laws.
- Service vouchers, coupons, and coins acquired through payment (including bonuses)
- In case the voucher purchased through payment begins immediately or is immediately applied to the Service
- When payment is made due to the simple negligence of the Member
- In case the subscription withdrawal period has passed (within 7 days from the payment date)
7. Refunds are processed according to the refund policy of the Company or each app store.
8. The Member may request withdrawal or refund through e-mail, and the Company may request additional proof after checking the purchase details for a refund of the purchase price.
9. If the reason for withdrawal or refund is due to reasons attributable to the Company such as the discontinuance of the service by the Company, the cost of refunding the purchase price will be borne by the Company. However, except in these cases, the refund will be made after deducting the profits obtained by the Members using the paid service and the refund fee.
10. If the Member repeatedly request for withdrawal or refund for the same reason or type, or continue to withdraw or refund for an unjustifiable reason, the Member's use of the service may be restricted.
11. If a minor makes a payment without the consent of the legal representative, the person or the legal representative may cancel the payment. However, cancellation may be restricted if the payment for paid services by minors is within the range permitted for use by a legal representative or is caused by the trickery of minors.
14. Dormant Account
1. If the Member did not use the Service for 1 year, the account will be treated as a dormant account for a smooth management of Members. In this case, the Company can limit the activities of the Member and the usage of Credit.
2.After a certain period of time has passed after the Member is processed as a dormant account, the Company can extinguish the Member’s Credit after notifying the Member with methods specified in Article 11.
15. Indemnification for Damage
The Company and the Member shall be held liable for damages to the other party caused by their respective liabilities. In particular, if the Member violates the copyright of the Content in violation of Article 7 (3), the Member shall bear all legal and civil liability for the violation.
16. Governing Law and Jurisdiction
1. This Terms are governed by the laws of the Republic of Korea, and the jurisdiction lies in the courts of the Republic of Korea.
2. Any dispute that arises between the Company and the Member shall be subject to the jurisdiction of the Member’s address at the time of the case, and if there is no address, the jurisdiction lies in the district court that has jurisdiction over the place of residence. However, if the address or place of residence of the member at the time of filing is unclear, the competent court shall be established in accordance with the Civil Procedure Act. If the Member has an address or residence in a foreign country, the lawsuits related to disputes between the Company and the Customer shall be brought to the jurisdiction of the Seoul Central District Court of the Republic of Korea.