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Membership Terms

Terms and Conditions of Membership

Hello, this is MAKESTAR. For a smoother communication and service usage, we would like to post the user manuals here onsite.
Article 1 (Purpose)
The purpose of this Agreement is to stipulate the rights, obligations, and other necessary matters between the user and the company in using the service through the website operated by MAKESTAR Co., Ltd. (‘MAKESTAR’ or ‘Company’).
Article 2 (Definition)
1.
Terms used in these terms and conditions are defined as follows:  (1) ‘Service’ refers to wired or wireless devices, such as PC, mobile phone, tablet, etc., used to access information, any type of materials, such as hardware, device, etc., used to provide contents to ‘members’, and software, such as app service and web service provided by the company.  (2) 'App service' refers to all mobile applications produced by the company for its service.  (3) ‘Web service' refers to all web pages produced by the company for its service.  (4) ‘User' refers to 'members' and 'non-members' who access the site and use the services provided by the company.  (5) ‘Members’ refer to users who access the service through an account.  (6) ‘Non-members’ refer to users who use the service in a non-login state without accessing the service with an account.  (7) ‘Account’ refers to a function or virtual space provided to members by the company so that members can access the site and use the service with an account based on an e-mail address created with the consent of members.  (8) ‘Posts’ refer to writings, pictures, photos, videos, and links in the form of information such as codes, texts, images, voices, sounds, images, and videos posted on MAKESTAR service for members to access.  (9) ‘Digital content’ refers to data composed of video, image, voice, text, code, sound effects, mobile application functions, and a combination thereof.  (10) ‘Paid service’ refers to digital content and in-app goods provided by the company for a fee to users through app service or web service.  (11) ‘Purchase’ refers to payment activities for the use of paid services that occur in ‘app services’ and ‘web services.’  (12) ‘App platform operator' refers to a business operator that supports exposure, installation, and update of an app and supports in-app purchase functions. (e.g. Google Play, Apple App Store, etc.)
2.
Terms not defined in these terms and conditions shall be governed by relevant laws and regulations.
Article 3 (Clarification and revision of the terms and conditions)
1.
These terms and conditions shall be posted on the initial screen of the company's website or announced otherwise.
2.
The company may amend the terms and conditions to the extent that they do not violate the laws on regulating these terms and conditions, Act on Promotion of Information Network Utilization and Information Protection, Act on the Consumer Protection in Electronic Commerce, Framework on Electronic Documents and Transactions, Digital Signature Act, and Consumer Protection Act.
3.
If the company revises the terms and conditions, it shall be notified in advance through the website main page notice or e-mail from at least 7 days before the date of application of the revised terms and conditions (30 days in advance if the change acts unfavorably to the members or if it brings an important change to members’ rights and obligations)
4.
In the event of notifying the changed terms and conditions pursuant to paragraph (3), the company shall notify the member that if he/she does not agree to the terms of change, the contract may be terminated within 7 days from the date of notification or 30 days.
5.
If a member does not refuse to the changed terms and conditions within 7 days from the date of notification under paragraph (3) (30 days if the change acts unfavorably to the members or if it brings an important change to members’ rights and obligations), he/she shall be deemed to have agreed to the change. If the member does not agree to the changed terms and conditions, the member may terminate the service contract based on the individual terms and conditions of the service.
Article 4 (Interpretation of the terms and conditions)
1.
In addition to these terms and conditions, the company may have separate terms and conditions and policies (hereinafter referred to as "individual terms and conditions"). If the contents conflict with these terms and conditions, the individual terms and conditions will take precedence.
2.
Matters not prescribed in this Agreement and interpretation of these terms shall be governed by the Content Industry Promotion Act, Act on the Consumer Protection in Electronic Commerce, Regulation of Terms, Guidelines for the Protection of Content Users by the Minister of Culture, Sports, and Tourism.
3.
These terms and conditions may be provided in Korean, English and other languages in consideration of the user’s convenience. If the translated terms and conditions are different from the original Korean terms and conditions, the Korean terms and conditions are interpreted and will take precedence.
Article 5 (Individual notice to members)
1.
The company may send various notices to the member by using the means that the member agreed to receive when applying for membership.
2.
In the case of notifying something that applies commonly to all users, the company may replace the individual notice for each member by posting and announcing certain information on the site bulletin board or service screen for at least one week. However, matters that significantly affect the rights and obligations of members shall be announced by extending the notice period.
3.
The company may post the contents on the bulletin board or service screen or announce them using the means described in paragraph (1) for the purpose of informing the members of certain terms and conditions, such as terms and conditions, privacy policy, etc.
Article 6 (Membership registration)
1.
Membership registration is concluded by the user agreeing to the company's privacy policy and terms of use, providing the information necessary for membership registration, and the company approving the user's application.
2.
Membership registration is made through the process of authenticating the email account or linking the account information of the social network service (SNS) with the company. However, if social networking services (SNS) do not provide an email address, additional email authentication may be requested. The company may require a self-verification process if necessary during this process.
3.
In principle, the company accepts the above user's membership registration, but the company may refuse for the following reasons:  (1) Where the applicant is under the age of 14;  (2) Where a member's qualification has been lost in accordance with the terms and conditions of use and related statutes before applying for membership;  (3) Where the information of another person is used without permission or false information is used;  (4) Where approval is impossible due to reasons attributable to the user or the user does not provide the information necessary by the company;  (5) Where the service is deemed to be used unfairly or for commercial purposes other than those prescribed by the company;
4.
The company may withhold approval if there is a lack of service-related facilities or technical or operational problems.
5.
If the company refuses or reserves the membership registration pursuant to paragraphs (3) and (4), the company shall, in principle, notify the applicant.
Article 7 (Change of membership information)
1.
Members can view and modify their personal information at any time on the personal information management screen. However, the e-mail account can only be modified according to the procedures set separately by the company.
2.
If the membership information submitted during membership registration changes, members must modify it online or notify the company of the changes through e-mail.
3.
The company shall not be liable for any disadvantages arising from the member's failure to notify the change in paragraph (2).
Article 8 (Managing members' accounts and passwords)
1.
The company grants accounts only to those who have completed the membership registration process.
2.
The member is responsible for managing account and password, and under no circumstances may a member transfer or lend his/her membership account to another person.
3.
The member shall be responsible for any loss or damage caused by leakage, transfer, or rental of the membership account without any reason attributable to the company.
4.
If a member recognizes that his/her account has been stolen or used by a third party without permission, the member shall notify the company immediately and the company shall do its best to expedite the settlement process.
5.
Members can modify their membership information if they need to change it. However, information such as the member's name, date of birth, etc. cannot be modified arbitrarily by the member, and must be requested to be modified by the company. The company shall not be liable for any disadvantages caused by the member's failure to notify the company of the change in the member's information.
Article 9 (Personal information protection obligation)
The company does its best to protect the personal information of its members as prescribed by related laws such as the Information and Communication Network Act. Related laws and company's privacy policy shall apply to the protection and processing of personal information.
Article 10 (Membership withdrawal, termination, etc.)
1.
Members are free to request membership withdrawal and the company shall handle the withdrawal immediately. However, if a member is using the service, membership withdrawal may be restricted, and if a member terminates the service use contract, all benefits received as a member will be immediately terminated.
2.
The company may restrict and terminate membership of its members in the following cases:  (1) Where a member has registered with unauthorized use of third party information or false information;  (2) Where a member has achieved unfair profits from unauthorized reproduction or distribution of the company's digital content;  (3) Where a company was unduly used to prohibit laws and regulations or these terms and conditions or to engage in acts contrary to public order and customs;  (4) Where a paid service was used without paying a fair price;
3.
If the reason is not corrected within 30 days after the restriction and termination of membership under paragraph (2), or if the membership is restricted or terminated for two or more identical acts, the company may forcefully deprive him/her of the membership.
4.
If the company deprives the member of the membership, the company shall give 30 days of call period for the member, and if the member refuses the call or is difficult to accept the calling, the membership will be deprived.
5.
If the membership registration is deprived, the following information will be deleted and will not be restored upon re-subscription:  (1) My profile information: Phone number, profile picture, name, message, etc.  (2) Account: Account (e-mail address), sub-accounts  (3) Purchase: Purchased items/purchase history etc.  (4) Message: Conversation, attachments, etc.  (5) All other information stored on the device by the user
Article 11 (Provision of service)
1.
The contents of the service are subject to the individual terms and conditions of each service.
2.
In principle, the company provides services 24/7, but for some services, the service time can be set separately in consideration of their type or nature, and if necessary, the service time will be notified to the members.
3.
The company may temporarily suspend the service in the event of any of the following reasons. In the case of pre-planned maintenance, etc., the company shall notify the service interruption time and work details in advance, but may notify the details afterwards only if there are unavoidable reasons such as accidental failure.  (1) System maintenance and maintenance work for service update, information processing, and data update;  (2) Repair work to resolve system failures;  (3) Regular PM operation;  (4) Other required system replacement operations or reasonable reasons have occurred to stop the service, such as a line failure
4.
In any of the following cases, the company may suspend the provision of services until the reasons are resolved, and if the reasons are not predictable or noticeable in advance, the details thereof shall be announced afterwards.  (1) Where the grounds referred to in each subparagraph of paragraph (2) arise and it is impossible to resolve through the temporary suspension of services;  (2) Where a key telecommunication business operator suspends the provision of its services;  (3) Where it is objectively impossible to provide services due to other force majeure reasons
Article 12 (Change of service)
1.
The company may change or discontinue any or all of its services under operational or management justification.
2.
If the company changes the service, it shall notify the member at least seven days in advance so that the member can clearly recognize the change and the date of application.
3.
If the change in paragraph (1) is unfavorable to the member, the company shall receive the consent of the member prior to changing the service and continue to provide the current service to members who do not agree with the change. However, if it is inevitably difficult to provide the current service, the contract may be terminated, and the company compensates for the damage caused by the termination.
4.
The company shall not be liable for any change in the free service in respect of the compensation in paragraph (3).
Article 13 (Provision of service information or publication of other advertisements)
1.
The company may provide members with information necessary to use and improve services, introduce various products and services, and send information for promotion by e-mail, text message, or website posts.
2.
The member agrees to be exposed to advertisements posted on the site when using the service.
Article 14 (Special Agreement on digital content)
1.
The video content serviced by the company is copyrighted by the company or granted a license from an individual content provider, and all rights are vested in the content provider or the original right holder.
2.
Users must obtain licenses according to the company guidelines for the service of video content, and the company shall provide services to members after confirming the issuance of licenses.
3.
The video content purchased by the user is limited in the available device, download/streaming period and count, and the company guides members of this information through the service page.
4.
The scope of permission to use video content purchased by the user is limited to personal and non-commercial use of the purchased member. Group screening is not included in the scope of permission to use even if it is for a non-profit or non-commercial use, and the company is not responsible for any copyright infringement that arises from these uses.
5.
Users shall not attempt to duplicate, redistribute, sell, rent, transfer, or otherwise reuse video content (including providing a password or certificate to access the video content), bypass, remove, disable, or attempt to damage encryption, display, anti-replication technology, or decode the computer file in which the video content is stored.
6.
Users must use the purchased video content as provided by the company, and users cannot edit, modify, adapt, or create secondary content.
7.
Users cannot download or transmit video content outside of Korea.
8.
If a video content access failure occurs due to the fault of the company, the company takes measures such as extending the access period in proportion to the system failure duration or providing the failed video content again. However, if the normal use of the service by the member is not possible despite the measures taken by the company, the company must issue a refund of the contents as per the individual terms and conditions of the service.
Article 15 (Upload of posts, and the company’s authority to modify and delete posts)
1.
When writing a post, the member shall faithfully write the contents based on accurate facts according to its intent and shall bear full responsibility for all problems that arise if the contents of the post are false.
2.
If a post falls under any of the following subparagraphs, the company may delete the post or take measures such as restricting the use of a specific service or terminating the contract of use to the publisher without prior notice:  (1) Where the content that violates the laws and regulations of the Republic of Korea;  (2) Where posting or advertising illegal products or pornography prohibited from being sold pursuant to relevant statutes; (3) Where the contents of false or exaggerated advertisements are included;  (4) Where it violates the rights, honor, credibility, or other legitimate interests of another person;  (5) Where it includes a link to a site that provides the same or similar service as the service provided by the company;  (6) Where it includes malicious code or data that may cause malfunction of information and communication devices;  (7) Where it violets public order or good manners and customs;  (8) Where it is deemed to hinder the smooth progress of services provided by the company;
Article 16 (Company's posts, intellectual property rights, etc)
1.
Posts posted by the company to the service are copyrighted by MAKESTAR or licensed by an individual content provider, and all rights are vested in the content provider or its original right holder.
2.
Posts posted by the users to the service are copyrighted by the member. The member grants the company a free, non-exclusive right to use the posts he/she created and posted. The license granted by the member to the company remains valid while the company operates the site, etc., and the same shall apply even after the member terminates the service contract.
3.
Users must use MAKESTAR’s posts as provided by MAKESTAR, and they cannot use materials posted on the service commercially, such as processing and selling information obtained through the service.
4.
The scope of the license is limited to personal and non-commercial use of purchased members. Group screening is not included in the scope of permission to use even if it is a non-profit or non-commercial use, and MAKESTAR is not responsible for any copyright infringement that arises from this use.
5.
Users guarantee that the copyright and other intellectual property rights of third parties will not be infringed on the posts posted on the site by the users. In the event of a dispute between the company and a third party in relation to a post posted by a member, the member shall resolve it at his/her own responsibility, expense and shall fully indemnify the company from any relationship with the company and any third party. If a dispute between the company and a third party causes any damages and/or expenses to the company, the member shall compensate and/or pay any damages and/or expenses to the company.
6.
Posts posted by users within the MAKESTAR service can be exposed to MAKESTAR services, related promotions, etc. (including some modifications, replication, and editing within the scope necessary for the exposure), and can be used for research purposes of MAKESTAR services. In this case, MAKESTAR complies with the relevant laws and regulations, and users can take measures such as deletion or non-disclosure of the post at any time through the management function in the customer center or MAKESTAR service.
Article 17 (Managing posts)
1.
If a member's post contains information in violation of relevant laws such as the Information and Communication Network Promotion and Information Protection Act, the right holder may request the suspension or deletion of the post in accordance with the relevant laws.
2.
MAKESTAR may take temporary measures against the post in accordance with the relevant laws if there is a reason for the infringement of the right, or if it violates other company policies and related laws, even if there is no request from the right holder under the preceding paragraph.
3.
The detailed procedures under this Article shall follow the post suspension request service set by MAKESTAR within the scope prescribed by the Act on Promotion of Information and Communication Network Utilization, Information Protection, etc. and Copyright Act.
Article 18 (Company’s obligations)
1.
The company does its best to provide services so that members can use them smoothly and satisfactorily.
2.
The company does its best to protect the members' personal information. A technical and administrative system for the protection of members' personal information shall be established, and the privacy policy shall be disclosed.
3.
If a member's complaint regarding the use or operation of the service is received, the company shall endeavor to respond to the complaint without delay. However, if it takes a considerable amount of time to grasp the complaint, understand the circumstances, and resolve the complaint, the company shall notify the member of the reason and the complaint processing schedule.
4.
Continuous service monitoring and improvement shall be carried out to improve the satisfaction of members with its service use.
5.
If the company intentionally or negligently violates the terms and conditions of use and causes damage to the member, the company shall provide full compensation.
Article 19 (Member’s obligations)
1.
Members shall comply with the relevant laws and regulations, the company's service operation policy, and other precautions for using the service, and shall not engage in any other acts that interfere with the company's business.
2.
Members shall provide accurate information to the company when registering for membership and using the service, and shall notify the company immediately if any change occurs in the provided information. The company shall not be responsible for any damages caused by the member's inaccurate information or not providing the changed information to the company.
3.
Members shall not copy, duplicate, translate, publish, broadcast, or provide the information obtained from using the service to others without prior consent of the company.
4.
Members are obligated to check and comply with the company's notice in accordance with these terms and conditions.
5.
Users shall not engage in any of the following acts when applying for membership and using services:  (1) Act of performing verification procedures using personal information of a third party, etc., or purchasing funding items or products using third party’s payment method without permission;  (2) Act of lending one's account to an unauthorized person or using the service by accessing the account of a third party without permission;  (3) Act of installing or distributing programs such as malicious code, viruses, etc. on the website intentionally or negligently;  (4) Act of violating the company's intellectual property rights, etc.;  (5) Act of hindering the company’s business by habitual cancellation, refund or exchange requests, etc. of funding or pre-order products without justifiable grounds;  (6) Act of using a paid service without paying a fair price;  (7) Acts that violate relevant laws and regulations or are deemed as doing criminal acts by using the services;  (8) Other acts of going against these terms and conditions and fraudulent use of the services.
Article 20 (Sanctions against violation of members' obligations)
1.
If a member violates the obligation under Article 19, the company may suspend the use of the member's service, delete the member ID, and forcibly withdraw member’s membership and restrict rejoining the membership (hereinafter referred to as "sanctions"). However, if there are urgent circumstances such as normalization of the service or handling of civil complaints, the company may notify the relevant member after taking sanctions.
2.
A member may file an objection with the company by submitting grounds for objection and evidential materials to the company's sanctions pursuant to paragraph (1). When the company receives a member’s objection, the company shall carefully examine the reasons for the submitted objection, evidence, and other related matters, make judgment on the objection and notify the result thereof.
3.
If a member’s membership is forcibly terminated, the company deletes the member's information without delay. However, this shall not be the case if it is necessary to retain member information in accordance with the relevant laws and privacy policy, and if necessary information needs to be stored for the purpose of preventing the member from rejoining.
Article 21 (Dormant account)
1.
If a member has not used the site for more than a year, the member's account will be converted to a dormant account, and some service use may be restricted.
2.
The company shall notify the member of the conversion to a dormant account 30 days before the change, and once the conversion is made, the company shall immediately destroy the personal information of the member or store it separately from other members.
3.
For accounts that have been converted to dormant accounts, they shall only be restored and members shall be able to use the service again only if it is confirmed that the members are willing to use the service again.
Article 22 (Compensation for damages)
1.
The Company shall compensate for any damages caused by the company's negligence in violation of Article 18 of the terms and conditions or for any other liability of the company in connection with all other services provided by the company.
2.
If a member commits an act in violation of Article 19 of these terms and conditions and causes damage to the company and/or a third party due to other reasons responsible by the member, he/she shall compensate for such damage.
Article 23 (Immunity)
1.
If the company is unable to provide the service due to force majeure reasons such as war, incident, emergency, or technical defects that cannot be resolved by current technology, the company shall not be liable.
2.
The company is exempted from liability for transactions made between members or between members and third parties through services.
3.
The company shall not be responsible for the use of the service provided free of charge unless otherwise provided for in the relevant laws and regulations.
4.
The company is not obligated to monitor the contents and quality of goods provided by a third party other than the company through the service screen or linked site, and the company shall not bear any responsibility related thereto.
5.
The company shall not be liable for any damage caused by false or inaccurate information about the member.
6.
The company shall not be liable for any damage or impairment caused by the intention or negligence of the members.
7.
The company shall not be responsible for human casualties caused by accessing and using the service regardless of the nature or content of the service.
8.
The company shall not be responsible for damages caused by various illegal access or use.
9.
The company shall not be responsible for any direct or non-direct damage caused by any type of virus, spyware, or other malware illegally transmitted or distributed by a third party.
10.
The company shall not be liable for various civil and criminal charges arising from defamation or other illegal acts between members in the process of using the service.
Article 24 (Overseas use)
The company does not guarantee the quality or availability of the service. If a member wants to use a service outside of Korea, he/she shall decide whether to use the service at his/her own discretion. In particular, members shall be responsible for complying with local laws and regulations in using the services.
Article 25 (Settlement of a dispute)
1.
The company shall take appropriate and prompt action to reflect legitimate opinions or complaints raised by the member in the event of a dispute. However, if it is difficult to expedite the process, the company notifies the member of the reason and processing schedule.
2.
Members may file an application for dispute settlement with the Content Dispute Mediation Committee to remedy damages and mediate disputes related to the use of content pursuant to Article 30 (1) of the Content Industry Promotion Act.
Article 26 (Applicable law and jurisdiction)
1.
In the event of a dispute with a member regarding the service, the company shall make all necessary efforts to resolve the dispute. If there is a disagreement regarding the interpretation of these terms and conditions or a dispute arises between the two parties, it will be resolved in accordance with the laws of the Republic of Korea, commercial practices, and principles of good faith.
2.
Notwithstanding paragraph (1), if a lawsuit is filed regarding a dispute between the company and the member, the competent court under the Civil Procedure Act shall be designated as the competent court of the first instance.