This document is an English translation of the original version for reference purposes only. The original version is written in the Korean language. In the case of any discrepancy between the original Korean version and this English translation, the original Korean version shall prevail.
Article 1 (Purpose)
These Terms of Service are intended to define the rights, duties, and responsibilities of FROMSEOUL Inc. (hereinafter referred to as the "Company") and its members in relation to the use of the EDEN-WORLD Market website service (www.eden-world.net/market), and to stipulate other necessary matters.
Article 2 (Definitions)
1. "Content" refers to all files posted within EDEN-WORLD.
2. "Member" refers to individuals who have registered with EDEN-WORLD and use the services provided by the Company according to these Terms of Service and the "EDEN-WORLD Artist Member Terms and Conditions."
3. "User" refers to all members and non-members who use the EDEN-WORLD services.
4. "Artist Member" refers to members who have registered with EDEN-WORLD to upload and sell their content.
5. "ID" is a combination of characters and numbers applied by the member and approved by the Company for member identification and service use, usually referring to the email address entered upon registration.
6. "Password" is a combination of characters or numbers set by the member themselves for verification of their ID and protection of confidentiality.
7. "Service" refers to the act of members using content available on the Company's site, either for free or for a fee.
8. "Termination" refers to the act of either the Company or the member terminating the service agreement.
Article 3 (Publication, Effectiveness, and Amendment of Terms)
1.
These terms are posted on the initial screen of the service so that members can easily be aware of them.
2.
The Company may amend these terms within the scope not violating relevant laws such as the Act on the Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter referred to as the Information and Communications Network Act).
3.
When amending these terms, the Company will announce the effective date and details of the amendment at least 7 days in advance through the service's notice board or via email. However, in the case of amendments that are disadvantageous to the members, the Company will clearly notify them separately through electronic means such as service internal email and a consent window at login, in addition to the notice, for a certain period.
4.
If a member does not explicitly refuse within 7 days from the notice or notification of the amended terms according to Article 3, Paragraph 3, it is considered as the member having agreed to the amended terms.
5.
If a member expresses their disagreement with the amendments, the Company cannot apply the amended terms to them, and the member will not be able to use the service from the effective date of the amended terms.
6.
When amending the terms, the amended terms will only apply to contracts concluded after the date of application. For contracts already concluded before then, the terms and conditions before the amendment will be applied as is.
Article 4 (Interpretation of Terms)
1.
Matters not specified in these terms or interpretation thereof shall follow relevant laws or commercial practices.
2.
In the event of a dispute arising among members using the service, the terms shall be applied primarily, and any ambiguous or unspecified matters in these terms shall be resolved by the disputing parties according to relevant laws or commercial practices.
Article 5 (Conclusion of Use Agreement)
1.
The service use agreement is concluded when the person wishing to become a member (hereinafter referred to as the applicant) agrees to the contents of the terms and then applies for membership, which is then accepted by the Company.
2.
In the application pursuant to Paragraph 1, the Company may request verification of the real name and identity through a verification institution if necessary.
3.
The applicant must provide truthful information at the time of application, and any disadvantages or legal responsibilities arising from providing false information lie with the applicant.
4.
The Company will not accept the application in the following cases:
① If the applicant is under 14 years old
② If the application is not made under the applicant's real name or is using someone else's identity
③ If the application cannot be approved due to the applicant's fault or if the application violates any other stipulated matters
1.
If the Company does not accept or holds the membership application according to Paragraph 4, it will, in principle, notify the applicant.
2.
The Company may differentiate the usage time, number of uses, service menu, etc., for members according to the Company's policy and grade them accordingly.
Article 6 (Changes to Member Information)
1.
Members can view and modify their personal information at any time through the member menu within the service. However, ID and email address, which are necessary for service management, cannot be modified.
2.
The company is not responsible for any disadvantages that may arise from not notifying the company of changes mentioned in Paragraph 1.
Article 7 (Protection and Use of Personal Information)
The company strives to protect the personal information of users, including member registration information, in accordance with relevant laws and regulations. The protection and use of personal information are subject to the relevant laws and the company's privacy policy. However, the company is not responsible for information exposed due to the fault of the user.
Article 8 (Obligations for the Management of Member ID and Password)
1.
Members are responsible for managing their ID and password and should not allow third parties to use them.
2.
The company can restrict the use of a member's ID if there is a concern of personal information leakage, antisocial behavior, or confusion with the company or its operators.
3.
If a member's ID or password is stolen or used by a third party, the member must immediately notify the company and follow the company's instructions.
4.
The company is not responsible for any disadvantages that occur if the member fails to notify the company as mentioned in Paragraph 3 or does not follow the company's instructions.
Article 9 (Notices to Members)
When notifying members, the company may use service announcements, email addresses, electronic messages, etc., unless otherwise specified in these terms.
Article 10 (Company's Obligations)
1.
The company strives to continuously and stably provide services without violating relevant laws or these terms.
2.
The company will establish a security system for personal information protection, disclose and comply with the personal information protection policy.
3.
If a member's complaint or opinion is deemed legitimate and objective, the company must process it immediately through appropriate procedures. If immediate processing is difficult, the company must notify the member of the reason and the processing schedule.
Article 11 (Member's Obligations)
1.
Members must truthfully complete all items during sign-up or when changing member information. Any rights or protections cannot be claimed if registration was made using false information or someone else's information.
2.
Members must comply with the matters stipulated in these terms and other conditions set by the company, including the "EDEN-WORLD Artist Member Terms and Conditions" and notices from the company.
3.
Members cannot transfer or gift their service usage rights, contractual status, etc., to others, nor can they offer them as collateral.
4.
Members must not engage in the following acts; if they do, the company can restrict their service usage and take legal actions, including sanctions:
① Using or duplicating content obtained through the service for purposes other than service use, or providing it to third parties.
② Acts corresponding to Article 16 (Restrictions on Content Use).
③ Violating these terms, including any other regulations or usage conditions set by the company.
④ Damaging or intentionally interfering with the service.
⑤ Manipulating service features arbitrarily or engaging in intentional fraudulent transactions (e.g., intentionally clicking to increase views or likes).
⑥ Other acts that violate relevant laws.
Article 12 (Member's Termination of Contract)
1.
Members may request termination of the service contract at any time through the member information menu within the service, and the company will process it immediately.
2.
When a member terminates their contract (withdraws membership), all of the member's data will be deleted immediately, except where the company retains the member information in accordance with relevant laws and the privacy policy. However, for artist members, all data will be deleted 14 days after the withdrawal request. This is to ensure that members who have previously purchased content from the artist member who wishes to withdraw can re-download it. Additionally, from the moment the withdrawal request is made, the artist's content will not be displayed in searches, and new purchases will not be possible.
3.
Therefore, artist members who wish to re-register with the same email address after requesting withdrawal can do so after 14 days.
4.
The company is not responsible for any loss incurred by the member due to the deletion of information related to content use and requests for cash conversion as a result of termination.
Article 13 (Provision of Services)
1.
The company provides the following services to members:
① Content provision: Offering, selling, and intermediating content uploaded by artist members
② Content use: Using, purchasing, and intermediating content provided by artist members and the company
③ All other services that the company develops additionally and offers to members
1.
The service is provided 24 hours a day, 365 days a year, in principle.
2.
The company may temporarily suspend the provision of services in case of maintenance, replacement, or failure of computer or communication equipment, communication disruption, natural disasters, or other operationally justified reasons. However, in such cases, the company will notify members of the reason and duration beforehand or afterwards.
3.
The company may perform regular maintenance if necessary for the provision of services, and the regular maintenance time will be announced on the service provision screen.
Article 14 (Content Management)
1.
The company may arbitrarily delete or change content provided by the company at its sole discretion.
2.
In case of problems with content due to copyright, property rights, portrait rights, etc., the company fulfills its obligation to notify members by announcing it (posting on the site's notice board or notifying via email), and members must stop using it. All legal responsibilities arising from the use of the content after the announcement are not on the company but on the member who used it.
Article 15 (Copyright of Content)
1.
The copyright of the content provided in the company's service belongs to the lawful artists, artist members, and related rights holders. Members are permitted to use it only within the scope allowed by the type of member and the amount paid, and the company does not sell the copyright of the content itself.
2.
Unauthorized reproduction, use of the content provided on the company's site, or actions beyond the 'EDEN-WORLD Artist Member Terms and Conditions' posted on the site without prior consultation with the company are considered copyright infringement under copyright law and related laws. Therefore, members must compensate the company and third parties for all types of damage or liabilities arising from the use of images beyond what is explicitly permitted in these terms and the 'EDEN-WORLD Artist Member Terms and Conditions.' Additionally, members must indemnify the company at their own expense against claims from third parties.
3.
The rights to the subjects of the content provided on the site (people, buildings, places, etc.), including portrait rights, property rights, copyrights, trademark rights, patent rights, design rights (hereafter 'copyrights, etc.'), may not be held by the company (e.g., portrait rights of individuals in a crowd, property rights of background buildings). Therefore, in some cases, members may need to acquire these rights directly before using some subjects of the content, so members should inquire with the company beforehand if there is doubt about the existence of rights for some subjects. If used without prior consultation with the company, leading to disputes with third parties over these rights, the company bears no responsibility, and all responsibility lies with the member. Members must indemnify the company against claims from third parties due to such use.
4.
Rights to logos, symbols, characters, trademarks, service marks, etc., included in some content belong to the rights holders, not the company, so if intended use infringes on these rights, prior approval must be obtained from the rights holders.
5.
If a member does not cooperate with the cessation and deletion measures for the use, copyright disputes arising from this or expanded damages are the responsibility of the member, and the company is not responsible for such disputes or expanded damages.
6.
Among the above items, in case of disputes with third parties regarding the responsibility of the company and the member, the member cannot acknowledge responsibility to, negotiate with, or reach any agreement with the third party without the company's consent. Even if the member acknowledges responsibility, negotiates, or reaches any agreement with the third party without the company's consent, it will not affect the company.
7.
The company is not responsible for all legal disputes arising from uploading, purchasing, or using content. Such disputes
Article 16 (Restrictions on Content Use)
1.
All content may not be sublicensed, redistributed, re-distributed, resold (distributed, transferred, rented, leased).
2.
All content cannot be used for the following purposes:
a.
Pornography and adult advertising, entertainment establishments, usurious lending, other prostitution businesses, urology, plastic surgery, etc., that are against social norms and general sentiment.
b.
Exaggerated advertising in the form of a model endorsing a specific product.
c.
Purposes that infringe on personality rights.
A. Defaming others or using in a vulgar manner, damaging honor.
B. Acts of synthesizing or reprocessing physical and facial images with those of third parties.
(For detailed explanations regarding these restrictions, please contact EDEN-WORLD.)
d. Other illegal uses.
e. Contents cannot be used for exhibitions/competitions, logos, symbols, trademarks, service marks, etc.
1.
When using content, if there is concern or difficulty in determining whether it violates usage restrictions, one must inquire with the company or the copyright holder (artist member) in advance. Especially for the use of character content, since it may be more sensitively applied in content usage restrictions, it is important to inquire with the company or the copyright holder (artist member) in advance.
2.
All content is provided on the premise of non-exclusive use, and separate negotiations are required for exclusive use.
3.
Uploading or scraping content in its original form to web hard, blogs, cafes, SNS (Facebook, Instagram, etc.) for the purpose of redistribution, re-distribution is prohibited.
4.
Registering intellectual property rights for downloaded content and secondary works is prohibited.
5.
If you need to create and sell or distribute secondary works, please inquire with the company in advance. In addition, if the use violates usage restrictions and causes damage or harm to the company or the image copyright holder, the customer using the said image must compensate for that damage and harm.
Article 17 (Exchange/Refund of Content)
1.
Members cannot exchange/refund content once it is downloaded, in principle.
2.
However, the company can cancel all or part of the content purchase contract if it deems the following conditions apply. Users acknowledge the company's right to cancel in advance. Moreover, the company is not obliged to provide a specific explanation for the reason for cancellation.
a.
If the content purchase violates this individual agreement or the terms set by the payment company.
b.
If the company clearly determines that the artist member and the user have agreed to cancel the purchase contract.
c.
In case of double ordering due to system failure.
d.
If the purpose of the product purchase is illegal cashing or is suspected.
e.
If the user reports to the company or payment company that someone else has used their credit card or payment method.
f.
If the payment company requests the company to investigate allegations of purchase fraud, the company deems the purpose of purchase to be illegal cashing or other illegal use of a credit card.
g.
Other cases where the company reasonably considers the product purchase to be illegal.
3.
Members (artist members, customers) agree to the exchange/refund terms.
Article 18 (Refund of Content)
1.
If the company cancels under any of the conditions in Article 17, and the member who paid for the content requests, the company can refund the purchase price according to the following procedure. (Note that the purchase price can be returned through the credit card company or transferred to the user's bank account depending on the refund period.) The company can deduct 7% of the transaction price per refund case from the refund amount as a fee, and if the refund amount does not exceed this fee amount, no refund will be made. Moreover, the company may refund amounts for multiple purchases at once at its discretion, but is not obliged to do so.
2.
If the refund or compensation amount cannot be transferred due to bad or incomplete registration of the member account (“incompleteness, etc.”), and there is a person entitled to receive a refund or compensation, the company can carry over (“carry over”) the amount to the following month and thereafter. In this case, the company is not responsible for paying any late fees for the amount.
3.
If a refund is not made or carried over due to a defect and the company deems it difficult to transfer the amount for 6 consecutive months, the company may consider the following to the member who can request: the company's obligation to refund to that member has been released due to the refund. The company does not bear any responsibility for delays or impossibilities of performance transfer, unless otherwise specified in the Master Terms of Use or this individual agreement.
Article 19 (Compensation for Damages)
Unauthorized reproduction or use of content provided by the Service, or actions beyond the scope defined in these Terms (such as exceeding the usage range or violating restrictions on content use), constitutes an infringement of copyright and related laws. In such cases, the responsible party must compensate the Company for any damages incurred, and if the Company suffers damages beyond those, the responsible party must also compensate for the excess damages. If a third party claims damages against the Company due to such actions by a member, the member must indemnify the Company at their own expense.
Article 20 (Exemption Clause)
1.
The Company is exempt from liability for failure to provide the Service due to natural disasters, war, and other force majeure circumstances.
2.
The Company is exempt from liability for damages caused by the suspension or failure to provide normal telecommunication services by telecommunications business operators.
3.
The Company is exempt from liability for damages caused by necessary maintenance, replacement, regular inspection, construction, etc., of the Service's facilities.
4.
The Company does not provide refunds or compensation for delays in Service speed or temporary errors caused by a surge in member access, or for temporary suspension of the Service due to maintenance for Service improvement.
Article 21 (Resolution of Service-related Disputes)
1.
The Company promptly processes complaints or grievances related to the use of the Service. If prompt processing is difficult, the Company will inform the member of the reason and the processing schedule.
2.
Disputes between the Company and members related to the use of the Service can be resolved through the mediation procedures of the Electronic Commerce Dispute Resolution Committee established under the Basic Electronic Commerce Act.
Article 22 (Termination of Service)
1.
The Company will notify members of the termination of the Service at least three months in advance through announcements on the Service and emails.
2.
Points accumulated as of the date of the termination notice must be used according to the terms of these Terms by the termination date of the Service; after the termination date, points will automatically expire, and members cannot claim any rights regarding the points.
3.
Some services may be restricted from the notice date to the termination date of the Service.
Article 23 (Governing Law and Jurisdiction)
1.
Legal disputes between the Company and members are governed by the laws of the Republic of Korea.
2.
In the event of a lawsuit arising from the use of the Service, the court with jurisdiction over the location of the Company will be the competent court.
Announcement Date: February 13, 2023
Effective Date: February 14, 2023
