※This English version is a reference translation of the original Korean policy. In the event of discrepancy, the Korean version shall prevail.
Article 1 (Purpose)
These Terms of Service govern the use of the EDEN-WORLD (EDEN-WORLD Market) website service (www.eden-world.net/market) provided by FROMSEOUL Inc. (the “Company”), and set forth the rights, obligations, responsibilities, and other necessary matters between the Company and Members.
Article 2 (Definitions)
1.
“Content” means all files posted on EDEN-WORLD.
2.
“Member” means a person who has registered on EDEN-WORLD and uses the services provided by the Company in accordance with these Terms and the “EDEN-WORLD Creator Member Terms.”
3.
“User” means any person who uses EDEN-WORLD services, including Members and non-members.
4.
“Creator Member” means a Member who registered to upload and sell Content on EDEN-WORLD.
5.
“ID” means the combination of letters and numbers applied for by a Member and approved by the Company for identification and use of the service, typically the email address entered at registration.
6.
“Password” means a combination of letters or numbers set by the Member to verify identity matching the ID and to protect confidentiality.
7.
“Service” means a Member’s act of using Content on the Company’s site either free of charge or for a fee.
8.
“Termination” means termination of the service contract by the Company or the Member.
Article 3 (Posting, Effectiveness, and Amendments)
1.
These Terms shall be posted on the initial service screen so that Members can easily review them.
2.
The Company may amend these Terms within the scope permitted by applicable laws, including the Act on the Regulation of Terms and Conditions and the Act on Promotion of Information and Communications Network Utilization and Information Protection (the “Information and Communications Network Act”).
3.
If the Company amends these Terms, it shall specify the effective date and the amended contents and provide notice at least seven (7) days prior to the effective date via the service notice board or email. If an amendment is unfavorable to Members, the Company shall additionally provide clear notice through electronic means such as email within the service and/or a consent pop-up at login for a certain period.
4.
If a Member does not explicitly reject the amended Terms within seven (7) days from the notice date, the Member shall be deemed to have agreed to the amended Terms.
5.
If a Member expresses non-consent, the Company may not apply the amended Terms to that Member, and the Member may not use the Service from the effective date of the amended Terms.
6.
Amended Terms apply only to contracts entered into on or after the effective date. Contracts already entered into before that date remain subject to the prior Terms.
Article 4 (Interpretation)
1.
Matters not specified in these Terms or the interpretation thereof shall follow applicable laws or customary practices.
2.
In the event of disputes among Members during service use, these Terms shall take precedence. Where interpretation is ambiguous or matters are not covered, the parties shall resolve the dispute in accordance with applicable laws or customary practices.
Article 5 (Formation of the Service Agreement)
1.
A service agreement is formed when an applicant seeking to become a Member (the “Applicant”) agrees to these Terms, submits a membership application, and the Company accepts the application.
2.
The Company may request real-name verification and identity authentication through an authorized verification agency when necessary.
3.
The Applicant must provide truthful information. Any disadvantage or legal liability arising from false information shall be borne by the Applicant.
4.
The Company will not accept applications that fall under any of the following:
(1) The Applicant is under fourteen (14) years old;
(2) The Applicant is not using their real name or uses another person’s identity;
(3) Acceptance is not possible due to the Applicant’s fault or the application violates required conditions.
5.
If the Company refuses or withholds acceptance under paragraph 4, it shall, in principle, notify the Applicant.
6.
The Company may classify Members into tiers and differentiate service conditions (e.g., usage time, number of uses, service menus) according to its policies.
Article 6 (Changes to Member Information)
1.
Members may review and edit their personal information at any time through the member menu within the Service. However, IDs and email addresses necessary for service management cannot be changed.
2.
The Company is not responsible for any disadvantages arising from a Member’s failure to notify the Company of changes described in paragraph 1.
Article 7 (Protection and Use of Personal Information)
The Company endeavors to protect Users’ personal information, including Member registration information, in accordance with applicable laws. The protection and use of personal information are governed by applicable laws and the Company’s Privacy Policy. However, the Company assumes no responsibility for information exposed due to the fault of a Member.
Article 8 (Member’s Duty to Manage ID and Password)
1.
Members are responsible for managing their ID and Password and must not allow any third party to use them.
2.
The Company may restrict use of an ID if it may cause personal information leakage, is anti-social or contrary to public morals, or may be mistaken as the Company or its operator.
3.
If a Member becomes aware that their ID or Password has been 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 disadvantages arising if the Member fails to notify the Company or fails to follow the Company’s instructions after notification.
Article 9 (Notice to Members)
Unless otherwise provided in these Terms, notices to Members may be made via service notices, email address, electronic messages, and similar means.
Article 10 (Company’s Obligations)
1.
The Company shall not violate applicable laws or these Terms and shall use best efforts to provide the Service continuously and stably.
2.
The Company shall establish security systems to protect personal information and shall publish and comply with its privacy policy.
3.
If a Member’s opinion or complaint is deemed legitimate and objectively reasonable, the Company shall address it promptly through appropriate procedures. If prompt handling is difficult, the Company shall notify the Member of the reason and the expected schedule.
Article 11 (Member’s Obligations)
1.
Members must provide truthful information when applying for membership or updating information. If false facts or another person’s information are used, the Member cannot claim or be protected by any rights.
2.
Members must comply with these Terms, the “EDEN-WORLD Creator Member Terms,” and any matters announced by the Company.
3.
Members may not transfer or gift their service rights or contractual status to others, nor provide them as collateral.
4.
Members must not engage in the following acts. If they do, the Company may impose sanctions including restrictions and legal measures:
(1) Using or copying Content obtained through the Service for purposes other than service use, or providing it to a third party;
(2) Acts falling under Article 16 (Content Use Restrictions);
(3) Violating these Terms or other rules/conditions set by the Company;
(4) Harming or intentionally interfering with the Service;
(5) Manipulating service functions or conducting intentional fraudulent transactions (e.g., artificially increasing views/likes by repeated clicks);
(6) Violating applicable laws.
Article 12 (Termination by Members)
1.
Members may request termination of the service agreement at any time through the member information menu, and the Company shall process it immediately.
2.
Upon termination (membership withdrawal), all Member data shall be deleted immediately except where retention is required by applicable laws and the Privacy Policy. However, for Creator Members, all data shall be deleted fourteen (14) days after the withdrawal request. This is to ensure re-downloads for Members who previously purchased the Creator Member’s Content. From the time of withdrawal request, the Creator’s Content will not appear in search and cannot be newly purchased.
3.
Therefore, a Creator Member who wishes to re-register using the same email address may do so only after fourteen (14) days.
4.
The Company is not responsible for any damages to Members arising from deletion of information related to Content use and cash conversion requests due to termination.
Article 13 (Provision of the Service)
1.
The Company provides the following services:
(1) Content provision: providing, selling, and brokering Content uploaded by Creator Members;
(2) Content use: using, purchasing, and brokering Content provided by Creator Members and the Company;
(3) Any other services additionally developed and provided by the Company.
2.
In principle, the Service is provided 24 hours a day, 7 days a week.
3.
The Company may temporarily suspend the Service due to maintenance, replacement, failure of facilities, communication outages, natural disasters, or other operationally reasonable reasons. In such case, the Company will provide notice of the reason and period before or after the suspension.
4.
The Company may conduct regular inspections as necessary, and the inspection schedule shall follow what is posted on the service screen.
Article 14 (Management of Content)
1.
Content provided by the Company may be deleted or modified at the Company’s sole discretion.
2.
If issues arise with Content due to copyrights, property rights, portrait rights, etc., the Company’s notice (via on-site notice or email) shall be deemed sufficient notification to Members, and Members must stop using such Content. After notice, all legal responsibility arising from continued use rests with the Member who used it, not the Company.
Article 15 (Copyright of Content)
1.
Copyright of Content provided through the Service belongs to the lawful author or the Creator Member and relevant rights holders. Members receive a permission to use only within the allowed scope depending on membership type and payment amount; the Company does not sell the copyright itself.
2.
Unauthorized copying/usage of Content, or any act exceeding the “EDEN-WORLD Creator Member Terms” without prior consultation, shall be deemed infringement under copyright and related laws. Members shall compensate the Company and third parties for all damages and liabilities arising from any use beyond what is expressly permitted, and shall indemnify the Company at their own expense against third-party claims.
3.
The Company may not hold portrait rights, property rights, copyrights, trademarks, patents, design rights, etc. (“IP Rights”) related to subjects included in Content (e.g., individuals in a crowd, buildings in the background). Depending on the use, Members may need to obtain such rights directly before using the Content and must inquire with the Company in advance if the existence of rights is suspected. If a dispute arises with a third party due to use without prior consultation, the Company bears no responsibility; all responsibility lies with the Member, who must indemnify the Company against third-party claims.
4.
Rights to logos, symbols, characters, trademarks, service marks, etc. that may be included in Content belong to the respective rights holders, and prior approval must be obtained from the rights holder if the intended use may infringe such rights.
5.
If a Member fails to cooperate with cessation and deletion measures and thereby causes or expands an IP dispute, the Member bears responsibility, and the Company is not liable.
6.
In disputes with third parties where the responsibility of the Company and Member may be at issue, the Member shall not admit liability, enter mediation, or settle with the third party without the Company’s consent. Any such agreement without consent shall not be binding on the Company.
7.
The Company is not responsible for legal disputes arising from uploading, purchasing, or using Content; such disputes must be resolved between the parties. The Company may notify parties of relevant facts to facilitate amicable resolution.
8.
If a Member sells or trades Content by stealing or unauthorizedly using third-party Content that the Member does not own, the Company bears no responsibility and the selling Member bears all responsibility. The Company may apply a zero-tolerance policy and permanently ban the Member from the Service.
Article 16 (Restrictions on Use of Content)
1.
All Content may not be sub-licensed or redistributed, re-distributed, resold (distributed, transferred, lent, leased, rented).
2.
Content may not be used for:
(1) Pornographic content and adult advertising, entertainment businesses, usury, prostitution-related businesses, urology clinics, cosmetic surgery clinics, or other uses contrary to public morals and common sentiment;
(2) Exaggerated advertising in the form of a model endorsing a specific product;
(3) Uses infringing personal rights:
A. Defamation or obscene use harming another’s reputation;
B. Compositing or reprocessing another person’s image with body/face, etc.
(For details, please contact EDEN-WORLD.)
(4) Other illegal uses;
(5) Use of Content as exhibition/contest submissions, logos, symbols, trademarks, service marks, or brands.
3.
If there is concern that a planned use may violate these restrictions or it is difficult to determine, the Member must inquire with the Company or the copyright holder (Creator Member) in advance. In particular, uses involving person-related Content may be applied more sensitively, and prior inquiry is required.
4.
All Content is provided on a non-exclusive basis; exclusive use requires separate consultation.
5.
It is prohibited to upload or scrap purchased Content in its original form for redistribution on webhard services, blogs, communities, or SNS (e.g., Facebook, Instagram).
6.
Registration of IP rights for downloaded Content or derivative works is prohibited.
7.
If a Member intends to create and sell/distribute derivative works, the Member must contact the Company in advance. If prohibited use causes damage to the Company or the copyright holder, the Member must compensate for such damage.
Article 17 (Exchange/Refund of Content)
1.
In principle, exchanges/refunds are not available once purchased Content has been downloaded.
2.
However, if the Company determines that a purchase contract between Users falls under any of the following, the Company may cancel all or part of the purchase contract. Users acknowledge the Company’s cancellation right in advance. The Company is not obligated to explain the reasons in detail.
(1) The purchase violates these Terms or the payment provider’s terms;
(2) The Company clearly determines that the Creator Member and the User have agreed to cancel;
(3) Duplicate orders occur due to system error;
(4) The purchase appears to be for illegal cash conversion;
(5) The User reports that a third party used the User’s payment method to the Company or payment provider;
(6) The payment provider requests investigation for suspected fraud, or the Company determines the purchase is for illegal cash conversion, or other illegal credit card use;
(7) Any other case where the Company reasonably deems the purchase illegal.
3.
Members (Creator Members and customers) agree to the exchange/refund terms.
Article 18 (Refund Procedure)
1.
If the Company cancels under Article 17 and the paying Member requests a refund, the Company may refund following its procedures (refunds may be returned via the card company or transferred to the Member’s bank account depending on timing). The Company may deduct a fee of 7% of the transaction price per refund and may not refund if the refund amount does not exceed the fee amount. The Company may, at its discretion, refund multiple purchases in one payment, but is not obligated to do so.
2.
If transfer is not completed due to defective account information or registration defects (“Incompleteness, etc.”), the Company may carry over the amount to the following month(s) (“Carry-over”), and likewise thereafter. The Company is not responsible for paying any late fees on such amounts.
3.
If a defect prevents refund or carry-over continues for six (6) consecutive months and transfer is deemed difficult, the Company may deem that its refund obligation to the requesting Member has been discharged. Unless otherwise specified in the master terms or these terms, the Company is not liable for delay or impossibility of transfer performance.
Article 19 (Damages)
Unauthorized copying/usage of Content or acts exceeding these Terms (including use beyond scope or violation of restrictions) constitutes copyright infringement under copyright and related laws. The Member shall compensate the Company for damages, including any additional damages exceeding the initial amount. If a third party claims damages against the Company due to the Member’s acts, the Member shall indemnify the Company at the Member’s own expense.
Article 20 (Disclaimer)
1.
The Company is exempt from responsibility where it cannot provide the Service due to force majeure such as natural disasters or war.
2.
The Company is exempt from responsibility where damages occur because a telecommunications provider suspends or fails to provide services normally.
3.
The Company is exempt from responsibility for damages arising from unavoidable reasons such as maintenance, replacement, inspections, or construction of service facilities.
4.
The Company does not provide refunds or compensation for speed delays or temporary errors due to heavy traffic, or temporary suspension due to maintenance for service improvement.
Article 21 (Dispute Resolution)
1.
The Company will handle Members’ opinions or complaints related to the Service promptly. If prompt handling is difficult, the Company will notify the reason and schedule.
2.
Disputes between the Company and Members may be resolved through the mediation procedure of the Electronic Transaction Dispute Mediation Committee established under the Framework Act on Electronic Documents and Transactions (as applicable).
Article 22 (Termination of the Service)
1.
The Company will notify Members at least three (3) months prior to the date it intends to terminate the Service via service notices and email.
2.
Points accumulated as of the notice date must be used by the termination date in accordance with these Terms. After the termination date, points automatically expire and Members cannot claim any rights to them.
3.
Some parts of the Service may be restricted between the notice date and the termination date.
Article 23 (Governing Law and Jurisdiction)
1.
Any legal dispute between the Company and Members shall be governed by the laws of the Republic of Korea.
2.
If litigation is filed regarding disputes arising from use of the Service, the court having jurisdiction over the Company’s place of business shall have jurisdiction.
Public Notice Date: February 12, 2023
Effective Date: February 13, 2023