Terms of Service
These Terms of Service (“Terms”) constitute an agreement between KineMaster Corporation or its affiliates (“Company”) and our customers who use our services through the access of our websites, mobile applications, products and contents (“Customer”). When used in these Terms, “you” or “your” refers to the Customer who use our services, and “we,” “our” or “us” refers to the Company.
The Terms of Service for the iOS applications is separately provided here.
These Terms aim to define all necessary conditions of a legally binding contract, including the rights, duties and obligations between the Company and our Customer who use our services through the access of our websites, mobile applications, products and contents.
(1) “Service” collectively refers to all the services provided by the Company through the access of our websites, mobile applications, products and contents.
(2) “Free Service” refers to any service provided by the Company free of charge.
(3) “Premium Service” refers to all the paid services provided by the Company, in exception to Paid Asset and IP Premium Asset.
(4) “Asset” refers to any video, image, audio, animation, filter, template, effect, project and other features provided within the Service.
(5) “Paid Asset” refers to any paid Asset provided in distinction from the Premium Service.
(6) “IP Premium Asset” refers to any Asset provided through a contract with an external content provider and which can be discovered in the “Fandom” category of the Asset Store.
(7) “Customer” refers to any customer who use our Service.
(8) “Member” refers to any Customer who has created an account through the registration procedure prescribed by the Company.
(9) “Non-Member” refers to any Customer who are not registered as a Member.
(10) “ID” refers to the email address submitted by the Customer and approved by the Company for your identity verification and use of Service.
(11) “Password” refers to the combination of letters and/or numbers created by the Customer for identity verification and protection of your rights and interests.
(12) “Original Video” refers to the Customer’s images, video clips and other data used within the Service but not provided by the Company.
(13) “Customer Work” refers to any content created and stored by the Customer through editing the Original Video using the given features within the Service.
3. Terms and Agreement
(1) You shall use the Service in accordance to the provisions prescribed in these Terms.
(2) If you do not agree to these Terms, you do not have the right to use our Service.
(3) These Terms shall be displayed on the initial page of our Service for your easy access.
(5) For matters not prescribed in or interpretable through these Terms, they are governed by the Terms of Premium Service, etc., the Act on the Regulation of Terms and Conditions, the Framework Act on Telecommunications, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., other applicable laws and regulations and the current commercial practices.
4. Modification of Terms
(1) We may amend these Terms to the extent that does not violate the applicable laws and regulations, such as the Act on the Regulation of Terms and Conditions, the Framework Act on Telecommunications, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
(2) If these Terms are to be amended, we will give you a notice prior to the amendment’s effective date by publishing the current Terms on the initial page of the Service, with the reasons and the application date of the changes specified. In the case where the amendment is significant or may apply unfavorably to you, we will notify you individually in advance via digital methods, such as email, in-app message or push notification within the Service, and the modifications will go into effect at least 30 days from the day of notification. However, if you have not provided your contact or did not update your contact information after changing them and thus is unable to be reached, you will be deemed to have been notified through means specified in Article 18. Changes addressing new features for enhancement of customer convenience or for legal reasons may be applied immediately.
(3) When we announce or notify you of the amendment based on the preceding paragraph and also specifically announce or notify that no response within the aforementioned time period will be deemed as an expression in itself, unless you explicitly refuse to the amendment, we will consider you have agreed to it.
5. Membership Registration
(2) In principle, we approve of all membership registration applications. However, for any Applicant who falls under following cases, we may reject the application, cancel the registration or terminate the membership contract:
- Anyone who had previously lost the membership according to these Terms, except in the case where the Company has approved of the re-registration;
- Anyone who has submitted false information or has omitted the required information;
- Anyone under the age of 14 who has made the registration without the consent of one’s legal representative (parent, etc.) and our approval of such registration (In principle, we do not permit the membership registration of anyone under the age of 14); and
- When the application is unacceptable due to reasons attributable to the Applicant, or if the Applicant has violated other prescribed matters.
(3) The approval of registration may be withheld if the Company is facing shortages in service facilities or technical or business-related problems.
6. Modification of Member Information
(1) The Member may view and modify one’s personal information through the personal information management page. However, essential data for operation of the Service, such as the Member ID, may not be changed.
(2) The Member must notify us of any change made in the information submitted at the stage of membership registration, either by making the modification online or via other means, such as email.
(3) We are not held liable for any damage incurred from the Member’s negligence to notify as prescribed in Paragraph 2.
7. Management of Member ID and Password
(1) The Member holds the responsibility to manage one’s ID and password and should not allow any third party to use them.
(2) We may restrict the use of a certain ID that faces the risk of personal information leakage, performs activities going against the social norms and traditional customs or may be mistaken as the Company or an operator of the Company.
(3) If there is any sign that your ID and password have been stolen or that a third party has taken control over them, you must immediately report this to us and follow our guidelines.
(4) We are not held liable for any damage incurred from the Member’s negligence to report or follow our guidance as prescribed in Paragraph 3.
8. Inactivation of Account
(1) If you do not sign into your account for more than 12 months, the account will be converted to inactive state to protect your information and to ensure efficient operation of the Service.
(2) When your account is inactivated, all account information and personal data will be stored as a separate database.
(3) Inactivated account can be reactivated simply through signing in or via other means of identity verification.
(4) If the inactivated account stays dormant for a year, we may necessarily withdraw the membership from our Service without any additional notice to the Member, and automatic withdrawal of membership will be followed by procedures outlined in Article 14.
9. Intellectual Property Right
(1) We hold all intellectual property rights required in the process of providing the Service and the Service itself.
(2) We only grant you the rights to use the Service, the account, the ID and the nickname, and you shall not commit any acts of disposal of the foregoing rights, including their transference, sales and pledging.
(3) Otherwise permitted by provisions within these Terms, you shall not use the information obtained through using our Service and of which we hold the intellectual property rights over by duplicating, transmitting, publishing, distributing, broadcasting or via any other means nor allow a third party to use it without our prior authorization. The foregoing provision does not apply to the Customer Work, as, according to Article 10 and Article 11, you reserve the rights and obligations over the content you have created.
(4) You should not remove the copyright, trademark, watermark and any other such signs included in the Service and the Customer Work without our prior authorization.
10. Service Provision and Modification
(1) We provide you a non-exclusive, non-transferrable and non-sublicensable license to use the Service.
(2) Unless specified otherwise in these Terms, you can freely create your Customer Work and utilize it by using our Service.
(3) The details of our Premium Service provided for a fee are as follows:
- The use of Service marked as “premium feature”;
- The removal of watermark from the Customer Work;
- The removal of advertisements in the Service; and
- The right to download Assets marked “premium” in the Asset Store.
(4) In principle, we provide the Service 24 hours a day, throughout the year.
(5) We may temporarily suspend the Service in the event of maintenance, inspection, replacement and malfunction of our facilities, communication interruption or any other significant operational reasons.
(6) We may conduct regular inspections necessary for provision of the Service, and the time of the regular inspection will be as notified in the Service.
(7) We may change the Service in whole or in part if there is a reasonable operational or technical cause.
(8) If there is a significant change in the paid Service that may unfavorably influence you in regards to methods, scope and time in the use of it, we shall announce within the Service the fact of such change and its effective date before the change takes effect. If we are unable to make an advance notice due to unavoidable reasons, we will announce of the change in ex post facto.
(9) We may change, suspend, or modify all or part of the Free Service when required due to causes arising from our policies and operation, and otherwise specified in the applicable laws, we do not provide any particular compensation to you in that regard.
11. Restriction on Service Use
You shall not do any of the following acts when using the Service:
- Using the Service without agreeing to these Terms or having the legal capability to agree;
- Removing the watermark from the Customer Work or preventing the watermark from being visually exposed;
- Commercial usage of the Customer Work that you have created using the IP Premium Asset;
- Creating the Customer Work using only the Asset;
- Using the Asset for purposes other than to create Customer Work;
- Using the Asset outside the scope of the license specified in the Asset description;
- Using all or part of the Asset for trademarks, logos, service marks or design marks of the Customer or any third party;
- Transferring, sharing, sublicensing or reselling all or part of the Service to any third party;
- Integrating all or part of the Service into other programs or products; and
- Creating the Customer Work that contains explicit sexual expressions; discrimination of race, nationality, creed, sex, etc.; expressions that induce or encourage suicidal behavior and substance abuse; and other antisocial content that may offend others.
12. Purchase and Payment
(1) When you purchase our Service provided for a fee, such as the Premium Service and the Paid Asset, through a sales agency or a payment processing company (Google Play, etc.), the responsibility of disbursement is a matter governed by a separate contract between you and the sales agency or the payment processing company. We are not a member of the contracting parties and therefore cannot be held liable over issues arising from the contract. If you have any complaints or problems in relation to the sales agency or the payment processing company, you should contact the customer support team of the agency or company without delay.
(2) Since the Service we provide is defined as digital contents as stipulated in Article 2, Paragraph 5 of the Framework Act on the Promotion of Cultural Industries, we do not provide any refunds of the Premium Service and the Paid Asset that have already been purchased in accordance to Article 17, Paragraph 2, Subparagraph No. 5 of the Act on the Consumer Protection in Electronic Commerce, etc. To protect your rights as customer, we provide the Free Service and the information regarding our Service for “permission for partial use” and “provision of digital contents for experience” stipulated in Article 21-2 of the Enforcement Decree of the same Act.
13. Provision of Information and Advertisement
(1) We will provide you various information that is necessary in using the Service through announcement, in-app message, push notification within the Service, etc. However, you may refuse to receive the push notification at any time, except for the transaction-related information prescribed in the applicable laws and our response to the customer inquiry.
(2) We reserve the right to place advertisements on the Service screen, website, etc. We are not held liable for any loss or damage incurred due to your participation in the promotional activities of or transactions with the advertisers.
(3) We may include or recommend links to a third-party website, service or product as part of our Service. We are not held liable for any direct or indirect damage or loss incurred or is assumed to have incurred in relation to the aforementioned website, etc.
14. Termination and Withdrawal
(1) When you no longer wish to use our Service, you may terminate the Service at any time by notifying us of your intention.
(2) If you terminate the use of Service by expressing your intention according to Paragraph 1, we will withdraw your rights to use all our Service and will not be held liable for any damage incurred from the withdrawal, except to the extent that has arisen from our intention or negligence.
(3) You may request withdrawal of membership at any time by sending an email to the address below and we shall process such request pursuant to applicable laws and regulations without delay.
(5) Even after the withdrawal of membership, all Customer Work created until the point of withdrawal will be governed by these Terms.
15. Denial of Service Provision
(1) We may terminate your use of our Service through notifying you of the reasons through methods of emails, telephone, etc., in the following cases:
- If you admit that you are using the Service in a manner that violates these Terms;
- If you interfere with our normal operation of the Service; and
- If we decide that it is necessary to terminate the Service based on justifiable reasons.
(2) Notwithstanding the preceding paragraph, if you commit violations of applicable laws, such as illegal use of other’s identity or payment methods in violation of the Resident Registration Act; provision of illegal programs and interference of Service operation in violation of the Copyright Act and the Computer Programs Protection Act; and illegal communications, hacking, distribution of malicious programs and excessive access going beyond granted rights in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., we may immediately request permanent suspension of use and compensation of damages incurred.
(3) Upon termination of the Service according to this Article, we will withdraw all rights granted in your use of our Service and will not be held liable for any damage that incurs in this process, except to the extent that has arisen from our intention or negligence.
(4) You may file an objection to the restricted use of the Service according to this Article through procedures set by the Company. If we determine the objection valid, we will immediately resume your use of the Service.
16. Limitation of Liability and Compensation for Damage
(1) We do not make any agreement or guarantee for any matters not specified in these Terms concerning the Service and the Asset.
(2) We will be exempted from the liability to provide the Service in cases when we are unable to provide the Service due to force majeure, such as natural disasters, and unpredictable or inevitable bugs or errors.
(3) We are not responsible for any failures in your use of our Service due to reasons attributable to you.
(4) We are not responsible for the use of the Free Service unless otherwise specified in relevant laws or a special regulation.
(5) In no case will we be held liable for any punitive, indirect, consequential or incidental damages, lost profits, costs and losses in connection to the Service.
(6) We are not held liable for any problems and damages arising from the use of the Service outside the scope specified in these Terms, of which the Customer will hold full responsibility over.
(7) If you inflict damage to us or any third party by violating the provisions prescribed in these Terms or due to any reasons attributable to you, you must compensate for such damage.
17. Personal Information Protection
18. Notification to Customer
(1) Unless otherwise specified in these Term, we provide notifications to you by email, in-app message, push notification within the Service, etc.
(2) When there is a notification to all customers, we will post it as an announcement in the Service for more than seven days, and this may replace the notification specified in Paragraph 1.
19. Governing Law and Jurisdiction
(1) Lawsuits filed between the Customer and the Company will be governed by the laws of the Republic of Korea.
(2) Litigation regarding disputes between the Customer and the Company will be based on the address of the Customer at the time of filing. If the Customer has no address, the litigation will be under the district court's exclusive jurisdiction of the Customer’ residence. However, if the address and residence of the Customer are unclear at the time of filing, the jurisdictional court will be determined under the Civil Procedure Act.
(3) If the Customer has an address or residence abroad, a lawsuit concerning a dispute arising between the Customer and the Company will be filed with the Seoul Central District Court of the Republic of Korea as the competent court, notwithstanding the preceding paragraph.
(1) The Company may establish separate terms, conditions and policies for the Individual Service (collectively, “Terms of Individual Service”). If the Terms of Individual Service comes in conflict with these Terms herein, the Terms of Individual Service takes precedence.
(2) Even if some provisions of these Terms become unenforceable, this does not affect the other provisions.
(3) This Terms of Service replaces the previous version of the Terms of Service and governs the relationship between the Company and the Customer.
(4) Neither the Company nor the Customer may transfer the provisions and obligations prescribed in these Terms to any third party without the consent of the other party.
(5) This Terms of Service is written in Korean and English. If there is any conflict between the Korean and English versions, the Korean Terms of Service takes precedence.
- Announcement Date: December 28, 2020
- Effective Date: January 27, 2021
- Previous Version of the Terms of Service