Privacy for O2Jam
1. Scope of Application
2. Agreement and Modification to TOU
A. You have to create your own account for gaining a membership. The account is composed of (a) information that enable us to identify you and (b) information that enable us to certificate you. The former information (a) is called and written as ID or USER NAME, and shall be your e-mail address or combination of alphabet and number. The latter information (b) is called and written as PASSWORD, and shall be combination of alphabet and number.
B. In the event we request that you go through an e-mail certification process selected as your ID, you shall follow our instruction for the e-mail certification.
C. Your ID or nick name will be limited, deleted or modified without prior notice, in the event that your ID or nick;
(i) infringes or damages rights, reputation, credit of third parties; or
(ii) raises any confusion, misunderstanding such as you are a celebrity or operator of the Service, or have an aim to do so; or
(iii) uses or includes curse, abuse, obscene words or expression; or
(iv) has commercial or for-profit purposes; or
(v) repulses, revokes, shocks other members; or
(vi) is, at our sole reasonable discretion, determined or judged not to inappropriate or be improper in the course of using the Service.
D. You shall have sole responsibility for securing or protecting and we shall not be responsible for abusing or illegally using your account by other persons without our willful or gross negligence.
E. Your usage involved with purchased items can be limited if you only use simple ID. You need to register as a regular member to fully access MOMO’s Service.
F. You have fully responsibility involved with and/or after losing simple ID. You might lose all purchased one.
4. Approval and Use of Service
A. We will approve your application for joining a member, provided that there are no technical, commercial, legal problems or issues. We, however, shall reserve rights to deny your application or suspend our approval in the case that;
(i) you illegally use, abuse, steal any third party’s name; or
(ii) you provide false or third party’s information or don’t provide or fill out any information necessary in connection withusing the Service; or
(iii) you use the Service with intent to infringe, damage, disturb the public order, social security, beautiful and fine customs or for the purpose of commerce, business, profit; or
(vi) there is not available equipments, facilities; or
(vii) there is termination record about you within lately one (1) month; or
B. We will provide and maintain the Service twenty-four (24) hours per day, twelve (12) months per year, provided that there are no technical, commercial, legal problems. We may discontinue, suspend providing the Service at any time for any duration because of, including, but not limited to, inspection for system, change or substitution of equipments, facilities. In the case, we will announce or notify you of it reasonably prior to discontinuation or suspension unless absolutely compelled.
C. We may, if necessary at our sole discretion, modify, change and discontinue the contents of Service. This modification or discontinuation will be notified or announced to you in reasonable advance. We shall not be responsible for any problems occurring after the notice or announcement.
5. Use of Minor and Consent of Parents
A. If you are minor, under the legal age of majority in state, country of your residence, you shall obtain consent from one of your parents and/or your legal guardians for joining member and using this Service. You may be requested the proof or verification of your age or such consent by us.
6. Service Fee
A. Use of this Service will basically be free of charge but we may provide any specific service with fee. Charged service will be provided under the obvious consent or verification from you, and in no event shall we provide charged services or claim any payment under the circumstances that you are not able to recognize or confirm to be paid.
7. Ownership and Limited License
A. All rights, ownership, intellectual property rights, including, but not limited to, patents, trade mark, trade name, trade dress, design, copyright, know-how, data, information, in connection with this Service are solely owned by us or original owner.
B. You may only gain a non-exclusive, time-limited, revocable, non-transferable, non-sublicensable rights and license to use the Service from us. You may use any contents, programs, software, information, data, materials, including, but not limited to, text, image, sound, video, character, story, provided, distributed, transmitted by us, solely for your own non-commercial entertainment, shares or acquisition of information purposes. You may not modify, damage such contents, programs, software, information, data, materials or, use them for other purposes. You shall not use auto, hack, macro programs not approved by us in connection with use of or access to the Service.
8. User Contents
A. “User Contents” means contents created, provided and transmitted to us or uploaded on our websites, Service by you, including, but not limited to, images, texts, sounds, videos, communications, and other materials. You hereby grant a perpetual, irrevocable, worldwide, royalty-free, non-exlcusive and sub-licensable rights and license to use, modify, create derivatives, display, distribute, transmit, release, publish and broadcast User contents to us. We may not sell your User Contents for the commercial purposes without your consent.
B. You shall be sole and all responsible for your User Contents. In the event that your User Contents infringe rights, intellectual property rights, reputation, credit, frame of any third parties, you agree to indemnify, defend and hold us harmless from any claims, demand, damages or other losses, including reasonable attorney’s fee, legal cost, compensation for settlement or agreement with the said third parties in connection with or arising out of your User Contents.
C. You agree that we reserve not obligations but rights to modify, replace, delete your User Contents for any reasons, without prior notice, in the event that your User Contents;
(i) infringe, damage, harm rights, reputation, credit, frame of third parties; or
(ii) use or include curse, abuse, obscene words or expression; or
(iii) have commercial or for-profit purposes; or
(iv) repulses, revokes, shocks other members; or
(v) are not relevant, correspond to purpose, usage, category of the Service; or
(vi) distribute, transmit or include, whether automatically or not, computer virus, illegal program, false information, commercial advertisement; or
(vii) raise any confusion, misunderstanding, miscomprehension such as you are celebrity or operator of Service; or
(viii) are, at our sole and reasonable discretion, determined, judged not to be proper, appropriate to the Service.
A. Obligations of O2Jam Company
(ii) O2Jam Company will be equipped with secure system, facilities to protect your personal information in order for you to securely use our Service.
(iii) O2Jam Company will not disclose, distribute and release your personal information without your prior consent, less lawful, authorized order from government, court, investigative agency.
(iv) O2Jam Company will provide and disclose various and new information necessary for using the Service through proper methods and procedure.
B. Obligations of Members
(ii) Members will not sell, market, promote or link illegal or commercial goods and services through the Service.
(iii) Members will not sell, assign, transmit, rent, furnish as security any and all contents, items, awards, mileage, account obtained in the course of using the Service for “real” money in the real world without our written permission.
(iv) Responsibilities for your account shall be sole possessed to you and you shall not share, inform your account information with or of third party. In the event that you violate such obligations, we shall have no responsibility for any problem, disputes, damages in connection with or arising out of your violation. You will immediately inform us of it and follow the direction of us if you recognize, acknowledge and recover any abuse, illegal use of your account.
10. Personal Information
B. In the event that any specific requirements, procedures or conditions such as the consent of parents and/or guardians exist under the law of state, country of your residence for collection of your personal information, you may be requested the fulfillment or confirmation of such requirements, procedures or conditions by us.
C. You may verify and modify your personal information collected by us at any time. You agree that you have an obligation to update and modify your personal information for keeping such information the latest and we have no responsibility if you delay or fail to fulfill such obligation.
D. We may collect other technical information on your device such as personal computer, handset in order to check, verify and improve the stability of Service, whether infected or not with computer virus or malignant code.
E. We may use the technology which enables us to transmit or distribute our program, software and/or data necessary for our Service to other members using resources or stories of your device, called Grid Computing or distributed processing system in order to provide more high-qualified Service, and you agree it.
11. Consent of Advertisement
A. You agree that we may display, publish and insert any advertisement to or into our program, contents and/or software in the process of providing Service.
B. We have no responsibility for any communications, deals that occur in connection with or arising out of the advertisement of third parties.
C. In the event you agree to receive the information or advertisement in the progress of joining member, we may notice, transmit or send useful information on our products, services and games by e-mail or SMS. You may, at your sole discretion, cancel your consent or agreement to the receipt of such information at any time.
12. Termination and Restriction of Use
(i) in case you fill out, input or register false information; or
(ii) in case you abuse, illegally use or steal other’s information or account without such other’s consent; or
(iii) in case you intentionally disturb, interrupt or obstruct the provision, operation of Service; or
(iv) in case you do harm, damage, infringe rights, reputation, frame, credit of us or other third parties; or
(v) in case you transmit, distribute, publish numerous information, data or any advertisement not approved by us for the purposes of disturbing, interrupting our Service; or
(vi) in case you transmit, distribute, spread computer virus, malignant code, illegal programs possible to cause misuse, malfunction, destruction of equipment, facilities, data; or
(vii) in case you use, reproduce, modify, distribute, transmit any information, contents or data obtained in the course of using our Service without our prior consent; or
(viii) in case you display, distribute, transmit, publish obscene materials or links to obscene website through or on our Service; or
(ix) vin case you sell, assign, rent, furnish as security any contents, mileage, virtual items, virtual money, awards, account for the commercial purposes; or
13. Compensation for Damages
15. Representation, Warranty and Limitation of Liability
A. IN NO EVENT THAT WE REPRESENT AND WARRANT THAT THE SERVICE HAS THE FITNESS FOR PARTICULAR PURPOSES OR MERCHANTIBILITY. THE SERVICE WILL ONLY BE PROVIDED “AS IS” BASIS AND WE SHALL NOT WARRANT THAT THERE ARE NOT ANY BUG, DEFAULT, MALFUNITON OF SERVICE, PROGRAM, CONTENT, SOFTWARE PROVIDED BY MOMO. YOU ACKNOWLEDGE AND AGREE THAT THERE MAY BE EVENTS OR CIRCUMSTANCES YOU CAN NOT SERVICE DUE TO PLACE OF YOUR RESIDENCE, TIME, YOUR DEVICES, NEVETHERELSS WE WILL DO OUR COMMERCIALLY BEST ENDEAVORS TO ENABLE YOU TO USE OUR SERVICE WHENEVER YOU WANT OR WHEREVER YOU ARE.
B. IN NO EVENT THAT SHALL WE BE RESPONSIBLE FOR ANY DELAY OR FAILUER TO PERFORM RESULTING FROM CAUSES BEYOND OUR CONTROL, SUCH AS FORCE MAJEURE, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, FIRE, FLOODS, WARS, EARTHQUAKE, MODIFICAITON OF LAWS, CHANGES OF GOVERNMENT POLICY, SAFEGUARDS, PROBLEM OF COMMUNICATION NETWORKS.
C. WE SHALL ONLY LIABILE FOR DIRECT DAMAGES AND OUR LIABILITIES ARE LIMITED SUCH AMOUNT PAID BY YOU TO US WITHIN LASTES SIX (6) MONTHS. IN NO CASE THAT SHALL WE NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR LOSSES ARISING OUT OF YOUR USE OF THE SERVICE.
A. Governing Law
You shall solely bear any and all fees for the use of communication and/or internet.
You shall not assign or transfer any rights and obligations, in whole or in part, to any third party without our prior written notice. You acknowledge and agree that our rights and obligations may be assigned or transferred to third party without your consent in the event of mergers or transfer of business in whole or in part with or to any third party. We may entrust, delegate our works or tasks in whole or in part to any third party for the purpose of the provision of Service.
4F, 2-danji, Elentec-dong, Pangyo Seven Venture Valley, 633 Sampyeong-dong, Bundang-gu, Seongnam-si, Gyeonggi-do, 463-400 Republic of South Korea
G. Settlement of Dispute