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Article 1 (Purpose)
The purpose of the following Terms and Conditions of Use(‘T&C’) is to establish guidelines on rights, duties and responsibilities of cybermall Users utilizing the internet-related services (hereinafter referred to as the ‘Services’) provided by the cybermall (hereinafter referred to as the ‘Mall’) operated by company (e-commerce company).
※ 『Unless transactions contradict its properties, the following terms apply to e-commerce transactions utilizing methods of PC communication, wireless and others』
Article 2 (Definition)
①‘Mall’ refers to a virtual business site established by company to trade goods or services (hereinafter referred to as ‘Goods and Services’) using computers and information communication facilities to provide Goods and Services to Users. The term can also be defined as a company operating a cybermall.
②‘User’ refers to a Member and Non-Member who has accessed the ‘Mall’ to use the services provided by the ‘Mall’ in accordance with this T&C.
③‘Member’ refers to a User who uses the services provided by the ‘Mall’ by subscribing for Membership.
④‘Non-Member’ refers to a User who uses the services provided by the ‘Mall’ without subscription.
Article 3 (Display, Explanation and Amendment of Terms and Conditions of Use)
① The ‘Mall’ shall, for easy recognition by Users, display the contents of this T&C, name of company and representative, business address(including an address handling customer complaints), phone number, fax number, email address, business license number, e-commerce permit number, and the name of personal information manager on the main page of the ‘Mall’. Only the content of this T&C can be displayed though a link page.
② Prior to User’s final agreement to this T&C, the ‘Mall’ shall provide a separate link or pop-up screen to obtain User’s verification on the terms of cancellation rights, delivery responsibilities, refund conditions and other important details.
③ The ‘Mall’ may make amendments within the permissible range without violating applicable laws such as the 「Act on Consumer Protection in Electronic Commerce」, 「Regulation of T&C」, 「Framework Act on Electronic Commerce and Electronic Document」, 「Electronic Financial Transaction Act」, 「Electronic Signature Act」, 「Act on Protection of Information and Promotion of Utilization of Information and Communications Network」, 「Door-To-Door Sales Act」, 「Framework Act on Consumers」 and other related Consumer Protection Laws.
④ The ‘Mall’ shall specify the effective date and the reasons for amendment of the terms and have post on the initial screen for 7 days prior to effective date until the day before the effective date.
If the amendment is modified to the User’s disadvantage, then the ‘Mall’ shall grant at least 30 days of grace period for notice. In this case, the ‘Mall’ shall clarify the ‘before and after’ changes in an ‘easy-to-understand’ manner.
⑤ When the ‘Mall’ makes an amendment to the T&C, the modified T&C shall be applied only to contracts concluded after the effective date, whereas all contracts concluded before the effective date will remain under the provisions of the old T&C. However, if the User who has already signed the contract wishes to have the amendments administered, then the User may send his/her intent to the ‘Mall’ and acquire consent from the ‘Mall’ within the notice period stated in Clause ③ and it shall be applied accordingly.
⑥ Any information not specified and interpreted in this T&C shall be in accordance with the e-commerce Transaction Guidelines and Related Consumer Protection Acts provided by the Fair Trade Commission and other applicable Consumer Protection Laws and Regulation of T&C Act.
Article 4 (Provision & Replacement of Service)
① The ‘Mall’ shall perform the following duties:
1. Provide information regarding Goods and Services and conclude purchasing contracts.
2. Deliver Goods and Services on purchase contract.
3. Other duties designated by the ‘Mall.’
② The ‘Mall’ may replace Goods and Services provided in future T&C in the event that Goods and Services are sold out or technical specifications are revised. In this case, the ‘Mall’ shall immediately announce the replacement of Goods and Services and the date of application on the page where present Goods and Services are displayed.
③ In the event that Goods and Services are replaced because of a change in technical specifications or when Goods and Services are sold out, the ‘Mall’ shall immediately notify the cause of replacement to the addresses of the Users.
④ Following the previous Clause, the ‘Mall’ shall compensate for all damages caused. However, this shall not apply if the ‘Mall’ proves that such event is not caused by its intention or negligence.
Article 5 (Suspension of Service)
① The ‘Mall’ may temporarily suspend its services as a result of the following reasons: maintenance of computers and telecommunications equipment, replacement or damage repairs, and interruption of communication.
② The ‘Mall’ shall compensate User or any Third Party Member of damages caused by the temporary suspension of services due to reason(s) detailed in Clause ①. However, this shall not apply if the ‘Mall’ proves that such event is not caused by its intention or negligence.
③ In the case of a conversion of business item, abandonment of business, merging between businesses and for other various reasons, the ‘Mall’ shall notify the consumer as specified in Article 8 and reward consumer in accordance with the conditions suggested by the original ‘Mall.’ However, if the ‘Mall’ does not advise such standard of compensation, the ‘Mall’ shall pay Users for their mileage or reserve in kind or cash of which value corresponds to the currency being used at the ‘Mall.’
Article 6 (Membership)
① The User shall apply for Membership by expressing his/her intent to agree to this T&C after filling out the form designated by the ‘Mall’ with Member’s personal information.
② The ‘Mall’ shall register all Users who apply for Membership in the manner stipulated in Clause ① unless the User is not engaged in one of the following issues:
1. After the applicant has lost Membership for reasons indicated in Article 7 Clause ③, the applicant may acquire approval to re-subscribe for Membership three years after the loss of Membership.
2. Entry of false information or omission in the registration form.
3. If deemed that registering the User would present technical difficulties to the ‘Mall.’
③ Establishment of Membership becomes effective at the time that the Member receives the ‘Mall’s approval of Membership.
④ In due course of time, the Member shall update the ‘Mall’ with any changes to his/her account information through the methods of editing personal information.
Article 7 (Withdrawal from Membership & Loss of Eligibility)
① Members of the ‘Mall’ may request, at any time, to withdraw from Membership and the ‘Mall’ shall immediately process the request.
② The ‘Mall’ may limit or suspend Membership for the following reasons:
1. Entry of false information or omission in the registration form.
2. If the purchase payment of goods and other ‘Mall’ usage related liabilities have not been paid for before the appointed date.
3. If Member interferes with others to use the ‘Mall’ or threatens the order of e-commerce (such as the illegal use of personal information).
4. If Member uses the ‘Mall’ to act against public order and morals prohibited by the law and this ‘T&C.’
③ The ‘Mall’ may forfeit Membership of the Member whose Membership was suspended or limited, if the same actions are repeated twice or more, or if the cause is not corrected within 30 days.
④ When the ‘Mall’ forfeits Membership, all information will be cancelled. Prior to cancellation, the ‘Mall’ shall notify the Member and give at least 30 days or more to grant an opportunity to explain the cause.
Article 8 (Notification to Members)
① Any notifications from the ‘Mall’ will be sent to the email address designated in advance by the Member during registration.
② In the event of sending notifications to unspecified Members, a display of notifications on the notice board on the website for 1 week or more may replace sending emails. However, the ‘Mall’ shall send individual notice to a Member in regards to matters which may have a significant influence in his/her transaction.
Article 9 (Application for Purchase)
① The User shall apply for purchase in the following or in a similar manner, and the ‘Mall’ shall provide the User with the following information in an ‘easy-to-understand’ manner to aid in his/her request for purchase.
1. Search and select Goods and Services
2. Enter name of recipient, address, phone number, email address (or mobile phone number)
3. Confirm matter(s) in respect to the contents of this T&C, limited cancellation policies, delivery fees, installation fees, and others
4. Express agreement to this T&C and confirm or refuse the above Item 3 (ex. mouse click)
5. Apply and confirm purchase of goods; Agree to allow confirmation of application from the ‘Mall’
6. Select payment method
② In case of an inevitable need (for the ‘Mall’) to disclose∙consign consumer’s personal information to a third party, the ‘Mall’ shall obtain consumer’s consent at the time of applying for purchase. This consent is not obtained in advance at the time of applying for Membership. At this time, the ‘Mall’ shall specify to the consumer the provisions of personal information that are being disclosed, information of the receiving party, purpose and intent of use and the duration of retention∙use. But, consignment of personal information according to Clause ① of Article 25 in the 「Act on Protection of Information and Promotion of Utilization of Information and Communications Network」 shall comply with relevant laws and legislations in regards to affairs not mentioned in the Act.
Article 10 (Conclusion of Contract)
① The ‘Mall’ may not accept request for purchase in Article 9 if it falls under one of the following items. In the event of concluding a contract with a minor, the ‘Mall’ shall notify that the failure to acquire agreement from a legal representative may cause cancellation of the contract by the minor him/herself or the legal representative.
1. Entry of false information or omission in the registration form
2. Purchase of cigarettes and liquor and other Goods and Services prohibited by the Youth Protection Law
3. If deemed that accepting application for purchase may cause technical problems to the ‘Mall’
② The contract is deemed to be concluded when the acceptance of the ‘Mall’ is delivered to the User in the form stipulated in Clause ① of Article 12.
③ The acceptance of the ‘Mall’ shall include confirmation on the User’s request for purchase, availability of sales, and correction or cancellation of the request for purchase.
Article 11 (Payment Method)
The method of payment for Goods and Services purchased through the ‘Mall’ may be selected from the following items. The ‘Mall’ may not collect any additional fees regarding payment for Goods and Services.
1. Account transfer through phone banking, internet banking, mail banking and others.
2. Card payment through prepaid card, debit card, credit card, and others.
3. Online bank transfer
4. Electronic money
5. Payment upon receipt
6. Mileage points or points offered by the ‘Mall’
7. Gift voucher contracted or approved by the ‘Mall’
8. Other means of electronic payment
Article 12 (Notice of Receipt, Change and Cancellation of Application for Purchase)
① The ‘Mall’ shall send a notice of receipt to the User after receiving the User’s application for purchase.
② In the case of a discord between the User’s intent and the received notice, the User may change or cancel the application for purchase immediately after receipt. If the request for change or cancellation is made prior to delivery, the ‘Mall’ shall process the request accordingly without any delay. In the event that payment has already been made, User shall follow the guidelines detailed in Article 15 - Cancellation of Purchase.
Article 13 (Provision of Goods and Services)
① Unless otherwise specified, the ‘Mall’ shall take necessary measures such as customizing production and packaging and deliver Goods and Services within 7 days from the date of purchase. However, if the ‘Mall’ has already received payment in whole or in part, then delivery shall be processed within 3 business days from the date of receipt. In such instances, the ‘Mall’ shall take necessary measures to inform the User on procedures of provision and delivery status of Goods and Services.
② The ‘Mall’ shall specify delivery method, payer, and delivery time for each delivery method for the Goods and Services purchased by the User. In the event that the ‘Mall’ exceeds the designated period of delivery, it shall compensate the User for damages. However, this shall not apply if the ‘Mall’ proves that such event is not caused by its intention or negligence.
Article 14 (Refund)
In the event that the Goods and Services are sold-out or unavailable and cannot be provided or delivered to a User who applied for purchase, the ‘Mall’ shall notify the User without any delay, and if payment for Goods and Services has already been made in advance, the ‘Mall’ shall take necessary measures or refund payment within 3 business days from the date of receipt.
Article 15 (Cancellation of Purchase)
① The User who purchased Goods and Services by concluding the contract with the ‘Mall’ in accordance to Clause ② of Article 13 in the 「Acts on Consumer Protection in Electronic Commerce」 may cancel purchase within 7 days from the date on which the User received a written contract (if the written contract is received later than the supply of Goods and Services, then the receipt date is set on the date when User received the Goods and Services or when Goods and Services have been supplied). But, cancellation of purchase according to 「Acts on Consumer Protection in Electronic Commerce」 shall comply with relevant laws and legislations in regards to affairs not mentioned in the Acts.
② The User may not return or exchange Goods and Services in the event of one of the following reasons:
1. Delivered Goods lost or damaged at the fault of the User (however, cancellation of purchase may be acceptable if packaging was damaged in the process of checking content)
2. Significant decrease in value of Goods and Services due to partial use or consumption by the User
3. Not available for resale due to a significant decrease in value of Goods and Services from lapse of time
4. The Goods may be replaced by Goods showing the same performance, but packaging of the original is damaged
③ In the case of items 2 or 4 of Article 2 Clause ②, the cancellation of purchase by User will not be limited if the ‘Mall’ failed to clearly specify the fact that cancellation of purchase is limited or that it would take necessary measures to provide the Goods.
④ Despite Clause ① and ②, the User may cancel his/her purchase of goods within 3 months from the date of receipt of the goods or within 30 days from the date on which he/she recognized or could have recognized that Goods and Services differ from the advertisement or the provision of contract.
Article 16 (Effect of Cancellation of Purchase)
① In the event of a return of Goods from a User, the ‘Mall’ shall refund payment of Goods within 3 business days. In the event of a delay in refund, the ‘Mall’ shall pay User with the interest calculated by the number of days delayed with the overdue interest rate indicated on the 「Act on Consumer Protection in Electronic Commerce」
② In regards to the above-mentioned case, if the User made payment of Goods with credit card or electronic money, the ‘Mall’ shall immediately request the business who provided such payment method to suspend or cancel payment.
③ In the event of any cancellation of purchase, the User shall bear the costs arising from returning the Goods. On the account of the User’s cancellation of purchase, the ‘Mall’ shall not claim charge for cancellation or compensation for damage. However, in the event of a cancellation of purchase caused by a discord in the contents of Goods and the advertisement or the provision of contract, the ‘Mall’ shall bear the costs of returning the Goods.
④ If the User bore the delivery fees when he/she received the Goods, the ‘Mall’ shall specify and make noticeable as to who would bear the delivery fees upon cancellation of purchase.
Article 17 (Protection of Personal Information)
① The ‘Mall’ collects a minimum amount of information necessary to provide the services.
② At the time of applying for Membership, the ‘Mall’ shall not collect information needed for the performance of purchase contract in advance. But, in the case where personal identification is required before the performance of a purchase contract, a minimum amount of specified personal information is collected for the fulfillment of obligation in regards to relevant laws and legislation.
③ The ‘Mall’ shall obtain consent from User to collect∙use personal information by notifying User with the aim/purpose of collection∙use.
④ The ‘Mall’ shall not use the personal information outside their intended purpose. In the event of an uprising of a new use or when disclosing to third parties, the ‘Mall’ shall notify the purpose of use and obtain consent from User during the stage of use disclosure. But, there are exceptions for cases regulated in the relevant laws and legislations.
⑤ In the event that the ‘Mall’ is required to acquire the approval of User by Clause ② and ③, the ‘Mall’ shall specify its personal information manager (affiliation, name, phone number, other contact information), purpose of collection and use of information, information about Third Party (recipient, purpose of provision and the information to be provided), and the provisions stipulated in Clause ② of Article 22 of the 「Act on Protection of Information and Promotion of Utilization of Information and Communications Network」. The User may at any time cancel his/her approval.
⑥ User may, at any time, request for confirmation and correction of error in their personal information possessed by the ‘Mall,’ and the ‘Mall’ shall be responsible for taking any necessary measures without any delay. In the event that a User requests for the correction of an error, the ‘Mall’ shall not use the applicable personal information until error is corrected.
⑦ For protection of personal information, the ‘Mall’ shall limit the number of persons handling personal information to a minimum, and shall be responsible for any damages caused by loss, theft, leakage, falsification, and disclosure of personal information including credit card and bank account information to third parties without consent of the User.
⑧ The ‘Mall’ or any Third Parties who received personal information from the ‘Mall,’ shall without any delay destroy all personal information once the purpose of collection has been achieved.
⑨ The ‘Mall’ shall not have the agreement form regarding the collection∙use∙disclosure of personal information set to be filled out in advance. The ‘Mall’ must specify services that will be restricted if User does not agree to the collection∙use∙disclosure of personal information, and the ‘Mall’ shall not limit services or refuse to accept Membership applications on the basis of User’s refusal to agree to collecting∙using∙disclosing of personal information that do not include the collection of compulsory information.
Article 18 (Obligations of the ‘Mall’)
① The ‘Mall’ shall not take any actions against public policy or actions restricted by the law and this T&C. The ‘Mall’ shall put its best efforts in providing Goods and Services on a stable basis in accordance with the provisions in this T&C.
② The ‘Mall’ shall be equipped with a security system to protect personal information of Users (including credit information) and provide a safe environment for Users to use the online services.
③ In accordance with Article 3 of the Law related to 『Fairness of Display and Advertisement』, the ‘Mall’ shall be responsible to compensate User(s) if damages were caused by displaying or adding unjust or unreasonable advertisement for certain Goods and Services
④ The ‘Mall’ shall not send any profit-making emails which are not wanted by Users.
Article 19 (Obligations for ID & Password of Member)
① Member shall be responsible for the management of his/her ID and password, except for the case in Article 17.
② Member shall not allow any Third Party to use his/her ID and password.
③ When a Member recognizes that his/her ID and/or password is stolen or is being used by a Third Party, the Member shall immediately notify the ‘Mall’, and follow the instructions of the ‘Mall.’
Article 20 (Obligations of User)
Users shall avoid the following actions:
1. Register false information at the time application or revision of information
2. Use others’ personal information
3. Change information displayed on the ‘Mall’
4. Remit or display information (computer program and others) other than the information put on by the ‘Mall’
5. Infringe copyright or intellectual property rights of the ‘Mall’ or the Third Party
6. Take any action that harms the reputation and interrupts the operation of the ‘Mall’ or a Third Party
7. Disclose or display any information containing indecent or violent message, video, voice, and other information going against good public order and morals.
Article 21 (Relationship between Linking Mall & Linked Mall)
① In the event that the main mall and the sub-mall are linked with a hyperlink (ex. the subject of hyperlink includes text, image and video), the former is called as the Linking Mall (Website) and the latter is called as the Linked Mall (Website).
② If the Linking Mall specifies and notifies the fact that it is not responsible for any transaction with the User for any Goods and Services independently provided by the Linked Mall on the initial page of the website of the Linking Mall or a pop-up window, then the Linking Mall is not responsible for such transaction.
Article 22 (Copyright & Limitation of Use)
① The copyright and other intellectual property rights for the works produced by the ‘Mall’ shall belong to the ‘Mall.’
② The User may not use or cause any Third Party to use information with intellectual property rights belonging to the ‘Mall’ for reproduction, transmission, publishing, distribution, broadcasting or other profit-making use without prior consent of the ‘Mall.’
③ The ‘Mall’ shall notify the User when using the copyright belonging to the applicable User in accordance with mutual T&C.
Article 23 (Resolution of Dispute)
① The ‘Mall’ shall apply and reflect the opinion or complaint made by User(s), and install and operate a process for compensation of consumers’ damages.
② The ‘Mall’ shall give priority to any opinion or complaint made by User(s). However, in the event that it may not be able to promptly deal with the matter, the ‘Mall’ shall notify the User with the cause and the final settlement schedule.
③ When a User files for Remedy of Damage regarding a dispute between the ‘Mall’ and the User, the matter may be commissioned for arbitration by the Fair Trade Commission or a Dispute Conciliation Services Organization selected by the City Mayor.
Article 24 (Jurisdiction & Governing Law)
① All e-commerce related lawsuits between the ‘Mall’ and a User shall be in accordance with the address of the User at the time of indictment. If an address is nonexistent, then the lawsuit shall fall under exclusive jurisdiction of the district court in the vicinity of User’s place of residence. In the event that the address or residence of the User is not clear at the time of indictment or if User is a foreign resident, the lawsuit shall be filed to the competent court on the Civil Procedures Code.
② Any and all e-commerce-related lawsuits between the ‘Mall’ and a User shall be governed by the law of the Republic of Korea.
Section 1: (de)Artlecture’s Basic Direction of Content Development
place is trying to various cultural products/works related to Art and Design in
order to solve aesthetic and functional limitations and boundaries as the
Section 2: Member Service Usage Contract
1. Establishment of the Usage Contract
1) The usage contract (link confirmation) is regarded as agreed upon when sign up is complete.
2) The usage contract is established when our company accepts a client’s request for use.
3) Agreeing to this contract and applying for membership admission signifies agreeing to offer relevant membership information for the site run by our company, in order to use the normal services.
4) Establishment time of the contract begins when the membership use application is accepted.
5) Non-member purchaser information also applies the same articles as above.
2. Account use application and Automatic Account Formation
1) The application for account use is carried out when the user follows the admission format outlined by our company on the site’s new user membership admission page, and provides the requested membership registration using an email (email address, password, password check) as well as an SNS link.
can use the service through membership and non-membership for purchasing
products and some artworks.
3. Artist Member Admission Steps
Artists hoping for membership apply for membership by agreeing to this contract after following the membership format outlined by (de)Artlecture and entering their email address, ID and password, phone number, space type, aspiring field, etc.
Refer to the membership agreement
Section 3: Purpose of Artist Member Management
(de)Artlecture offers funding (or profit) opportunities for the artist through management of a personal artist system, and in exchange we help you sell your work or content. The individual creates a production base in order to make new productions by selling the contents they’ve developed. In turn, we offer an opportunity to apply this content to a wider variety of fields and spaces. Furthermore, we offer a space to promote creations through our system to those hoping to get artist membership. Aspiring members can work on projects in collaboration with “(de)Artlecture”
Even though the artist releases possession of ordered, purchased, or commissioned products, they fundamentally retain economic and moral rights. However, by completing the separate possession release form, they recognize that they have conceded possession rights.
Section 4: Requirements for Artist / Group Membership
We are open to aspiring artists, professional artists, or even hobby artists. We hope each prospective member completes the registration form and is actively participate.
Section 5: Benefits of Artist / Group Membership
Artists or groups can publicize their works or work lectures through “My Page,”and they can attract students to attend their lectures through a variety of publicity marketing services. (Paid / Free)
Section 6: Format of Contents Supply File
We accept all picture file images, but we request that the image size be at least 1,500 pixels, 150dpi in order to ensure smooth service and future sales. We also accept other program files (Illustration, Photo Shop).
Type of (de)Artlecture’s Content Supply
We deal with all fields related to the visual arts (paintings, photos, videos, media, DIY products, performance, etc), and we sell original works, editions and designed contents (refer to the collection page). The profits go to the artist (excluding a portion for surtax and commission), and they can use these profits to fund new works.
Section 8: Development of Collaborative Design or Exhibition Contents
In the event that (de)Artlecture receives a commission to develop design or exhibition advertisement content from another company, they may participate in collaboration only with an applicant; profits are divided equally with the participant. In the event that they are commissioned for designated design contents of a small scale project, development will proceed by informing artist members and commissioning project development to a member with the requisite ability. A development fee will be paid to the artist selected by the company.
Section 9: Calculation of Artist Design Content Price
The price for design content supplied to (de)Artlecture is calculated for the most part by the fair transaction price of the artwork/product. In the event that there is no standard for price, the individual can freely calculate the price following market transaction principles. In the event that the individual cannot assign a fair price, (de)Artlecture can assign a price for the member artist’s artwork/product.
Section 10: Forceful Content Loading
In the event that the content an artist commissions to (de)Artlecture to sell violates our company’s use contract, or the artwork/product’s standard is unsatisfactory, we can forcefully remove the artwork/product. We also carry out filtering for content that does not fit with the spirit of our service.
Section 11: Prohibited Items and Legal Responsibility of Member Artists
Member artists are prohibited from the following, and are responsible for the civil - criminal situations outlined below; thus, they take responsibility for the following:
The work includes all the content sold on (de)Artlecture.
1) Situations in which (the work) violates relevant laws or the use agreement set out by (de)Artlecture
2) Situations in which there is proof the artist appropriated another person’s content.
3) Situations in which an artist sold duplicates of a product already sold.
4) Situations in which contents that were already sold are commissioned.
5) Situations in which contents that were already sold are commissioned.
6) Situations in which the substance of contents commissioned to be sold are in fact different (than advertised).
7) Situations in which goods are commissioned to be sold, or an individual sells an artwork/product/ design content and does not share that fact with (de)Artlecture
8) Situations in which designs and works containing racially, nationally, religiously or politically prejudiced material are uploaded.
9) Situations in which designs and works violating the Constitution of South Korea are uploaded.
10) Situations in which designs and works opposing general public sentiment are uploaded.
11) Situations in which a design content sales agency violates general commercial transaction.
12) Content that doesn't fit our spirit: illegal products, content and programs that violate copyright,
12. Section 12: tax impositions on individual profit for license information containing personal information, outlined in Section
If individual profit from individual work requests is generated through (de)Artlecture, the user recognizes that they take on the tax impositions.
Section 13: Contractual Standing and Use Rights
Service use rights and miscellaneous use contract status cannot be transferred or given to a third party, nor can it be offered as collateral.
Section 14: Service Use
1. Membership service
1) Members can use the offered service by creating a page using their corresponding (sole) account.
2) In the event that additional services (site) are offered on top of initial service use application, this contract will be remained in effect as long as another separate contract is not clearly stated. Our company will share information about additional service (site) developments on our site or let members know through electronic mail.
2. Service Changes and Discontinuance
1) Our company will share any future service changes or offer dates with members by the methods laid out in Section 3, then change and offer the new service.
2) Our company can either limit or discontinue parts of, or all of the services outlined in each of the following situations:
a. Situations in which a cause arises, such as computer information communication equipment being changed or broken for inspection, or communication is stopped.
b. Unavoidable situations where equipment must be repaired or built for proper service.
c. Situations in which there are impediments to normal service use, such as power outages, obstructions to necessary equipment or a high influx of use.
d. Situations in which users obstruct the company’s business activities.
e. Situations in which service cannot be maintained due to the company’s necessary circumstances, such as termination of a contract with the service supplier.
f. Situations in
which there are unavoidable causes, such as natural disasters or emergency
3. Member Obligations and Responsibilities Regarding Email and Mailing Service
1) Our company can offer an email service to members (mailing, newsletter etc.). Our company does not edit or inspect members’ email, and members assume responsibility for content of the mail.
2) Members are prohibited from sending emails with the following content to others:
a. Mail containing obscene or abusive information (message, image or audio) and mail containing information opposing miscellaneous social morals.
b. Mail with content introducing money making sites, illegal pyramid scheme solicitation, or chain letters.
c. Mail contrary to the popular law, such as advertising for pornography sites or sales for illegal reproduction sites.
d. Mail sent with the purpose of spreading a virus, hacking attempts, or crippling the system.
e. Mail sent with the purpose of threatening or ruining the reputation of specific internet users.
f. Mail sent misrepresenting a user.
g. Mail illegally sent to an unspecified large number of email addresses using an email extractor.
h. Advertising mail sent without following the mandates for advertising information at the time of transmission concerning legislation such as information network system encouragement of use and information protection.
i. Situations in which harm is given to another person or our company due to several reasons.
3) According to relevant laws, all legal responsibility for sending lewd or inappropriate material resides with the corresponding sender, and our company assumes no responsibility.
4) The membership account and mail cannot receive protection for using this service to harm another person or commit an act that harms public morals.
5) All responsibility for violating these provisions lies with the member. In these situations, our company can offer access authority of the member’s account to an investigative agency.
4. Removal of Notices and Content
1) Our company has the authority to remove all content without prior notice that members post or send within our service that we conclude fits into the following numbered situations. Our company also assumes no responsibility for this.
a. A situation in which content damages the reputation of our company, another member, or a third party through either slander or libel.
b. A situation in which certain content’s information, sentences, graphics, etc. infringes on public order or public morals.
c. A situation in which content is recognized to be in connection with illegal activity.
d. A situation in which content violates our company’s copyright, a third party’s copyright, or miscellaneous rights.
e. A situation that exceeds the prescribed post time established by the company in the fixed detailed use guide in provision 2.
f. A situation in which the content has no connection to the service offered by our company.
g. A situation in which unnecessary or unapproved advertisement or promotional materials are published.
h. A situation deemed to violate relevant laws or our company’s guidelines.
Our company can establish and enforce separate detailed use guidelines for posts, and members must either register each type of post (correspondence between members included) following those guidelines or delete them.
5. Posts’ Copyright
1) Copyright for posts made within our company’s service are protected according to copyright law, and our company retains copyrights and miscellaneous intellectual property rights for works that we directly create.
2) Members allow our company to use their posts made within our service domestically and abroad for the following numbered purposes:
a. Editing posts made within the site for use by either chaining the size or simplifying posts.
b. Duplicating, transmitting, or displaying posts made on this service or connected services, managed by our company or a related company. However, we will not do so in the event that a member does not allow the duplication, transmission or display of their post by sending an email expressing their opposition.
c. Reporting or broadcasting the content of posts to the media or communications company for the purpose of promoting the service.
3) Despite the stipulations outlined in the previous provisions, our company receives advanced approval from users through phone, email, etc. in the event that we receive financial reward by offering posts to a third party for reasons not outlined by each number of the previous section.
4) Rights and responsibility for posts (including correspondence between members) made within this service remain with the member, and our company has the right to post this within the service.
5) Our company does not assume civil or criminal responsibility for posts made within this service that infringe on another person’s copyright or program copyright. In the event that our another party demands compensation from our company because a member infringed on their copyright or program copyright, the member is required to make an effort to free the company from responsibility. If the company cannot avoid responsibility in this situation, the member is required to cover all of the company’s damages.
6) Our company can eliminate a member’s posts when they end their membership, or when it’s terminated for legal reasons.
7) Members cannot profit from copying, sending, publishing, distributing, broadcasting etc. materials posted on this service or information received by using the service, or have a third party do so without the approval of our company. Intellectual property right infringement of posts is subject to related laws.
7. Use of Personal Account
1) Members must manage the account that they established under their own responsibility, and they must create a backup for this and manage it themselves.
2) It is unacceptable for members to register material on their account that violates public order or morals, or that infringes on another person’s rights. In the event that a member registers such materials, they assume all responsibility for any results.
6. Posts’ Copyright
1) Copyright for a member's post remain with the creator of the post. (Except for indication of another person’s sole creation). Copyright exists for each product’s images and explanations. Therefore, if you want to use them you have to clearly state the copyright, and in the event of unapproved use for business reasons, you can receive legal sanctions.
2) In order to ensure our creators’ smooth operation efficiency and promotion, our company can use the posts of members for the following purposes, and can execute intellectual property rights of the corresponding product (However, creators retain the right to refuse).
– Exposure to an outside site for sales or promotional purposes.
– Exposure to search results of outside online search sites.
– Online advertisements or promotion such as online banner adds and online research material.
– Promotional exposure on a variety of image media, such as TV and cell phones
– Promotional-use printouts of posts such as promotional flyers, posters or billboards.
7. Copyright responsibility
Copyright for each type of post, such as product ratings, Q&A, images etc. created using the member services remains with the member who created them. Furthermore, the member assumes responsibility for posts that infringe on other people’s copyright.
Section 15: Miscellaneous items
Material not included in the sales contract for artworks and products is subject to (de)Artlecture’s usage contract or other agreements, as well as general electronic transaction law. Miscellaneous items are dealt with using the standard of (de)Artlecture’s member artist usage contract. However, (Guest Id) under the recommendation of an administrator, the observed contract may depend on the registered member’s discretionary choice. But level of a member could be changed by the administrator.
Collection Use Agreement
Section 1: Purchase
1. When an artwork/product is purchased, possession rights are transferred to the buyer. However, we inform you that copyright (moral and intellectual property rights) remain with the original artist (creator). Therefore, even a buyer cannot use the copyright without the creator’s additional consent. However, at the time of completion of a separate possession concession agreement, possession is transferred to the buyer.
2. The artwork/product’s sales contract sets up the seller’s (artist’s) price conditions, and the transaction is complete when a member agrees to the seller’s sales conditions, expresses intent to subscribe, and delivery is carried out.
3. Purchased digital licensed images may be used for individual purposes (background screen). Business purposes in relation to the copyright have to make additional inquiries.
4. Our company offers methods for members to pay the dealer price, such as cash, card and miscellaneous methods.
5. In the event that members fail to pay the dealer price within a fixed time period after ordering the artwork/product, our company can cancel the order without the member’s consent.
6. Projects with additional printing are pre-made based on buyer options, so cancellations are only possible within the day you order. Once manufacture orders are submitted the following day, refunds are not allowed.
7. The seller assumes responsibility for defects after delivery. If you contact the head office, we will connect you immediately.
Section 2: Delivery and Purchase Confirmation
1. Our company informs the seller that once we receive confirmation of a buyer’s deposit and payment, they must carry out all the necessary steps for the manufacture and delivery of the artwork/product (applicable only to artists who directly send their artworks/products) within 3-4 business days.
2. When an uncontrollable events occur, such as legal holidays, nonbusiness days or natural disasters, the time period for delivery is excluded from the above necessary delivery time.
3. Original artworks/products are delivered directly by the artist, and in the event that delivery is delayed, the purchase may automatically be cancelled. For cancellation and shipment inquiries, please contact email: firstname.lastname@example.org.
4. For open edition products directly delivered by (de)Artlecture: Delivery time for purchases of products(including packaged goods) will take 7 ~8days (excluding weekends and holidays). Because it is produced by order, delivery time may vary slightly (it may change due to circumstances of the delivery company). Delivery between countries may be delayed a little bit more depending on the region.
5. After confirmation of delivery completion, without indication of intent to exchange or seek a refund, the purchase is automatically confirmed as complete within 5 business days.
* International Delivery
For international deliveries, there is usually a period of around 10 days between order production and the delivery stage. However, in the following situations our company acts as an intermediary, and the delivery time and cost may fluctuate.
1) Overseas product distribution
2) The event of a high-priced artwork/product
3) The event of a special request (different procedure).
Section 3: Refund and Exchange
1. Because of special circumstances of artwork/product transaction and the additional production post-order and seller delivery stages, exchanges and refunds are only possible for irregularities or damage to the artwork/product during the delivery stage. (Exchange and refund requests can only be made within 7 days of the buyer receiving the artwork/product). Furthermore, because the artwork/product is manufactured in a limited number, in the event that the product you want to exchange for is out of stock, exchange may not be possible.
*In principle, no refund is possible. Please refer to the fact that only exchange is possible.
2. Because manufactured image prints and downloaded digital images (open editions and digital licenses) cannot be exchanged or refunded, please use discretion during payment.
3. Delivery costs related to exchanges are paid by the party blameworthy for the exchange.
4. Exchanges and refunds are only applicable for <cases of delivery flaws> items. (Some Product/artwork Exceptions)
5. Application exclusion of returns / exchanges / refunds
The buyer cannot demand refunds or exchanges in the following numbered situations:
1) A situation in which the work (original, limited edition) of art ever sold is art forgery
2) A situation in which the artwork/product is damaged due to the buyer’s fault.
3) A situation in which the artwork/product’s value decreases considerably due to the buyer’s use or partial consumption.
4) A situation in which the artwork/product’s value decreases considerably to the point where resale is difficult due to the passage of time.
5) A situation in which a reproducible artwork/product’s packaging is damaged.
6) A situation in which an artwork/product is produced individually for a buyer’s order.
7) A situation in which there is a rational reason the buyer cannot demand a refund or exchange.
8) After the purchase order is converted to ‘complete’ in the system.
6. Exchange or Return information for the general merchandise other than ordered goods, original works and limited edition.
*General exchange/return information is based on the related statutes.
*Please contact us first to discuss the reason for exchange/return, and send the return item after discussing the reason for return, courier, shipping cost and return destination address, etc.
1.In principle, please refer to the fact that you can exchange/return only if the product is defective.
2.In case of the fact that they are different from the mark/advertisement within 30 days of the receipt of the goods.
3.In principle, shipping charges for exchange/return are buyer's liability.
7. Return/exchange is not possible if:
1) In case of the return item request period is past
2) In case of a product or other goods are lost or damaged for the responsible reason of the purchaser
3) In case of the package is damaged and the value of the product is significantly lost (e.g. food, cosmetics, perfumes, records, etc.)
4) In case of the value of the goods has decreased significantly due to the use of the purchaser or some consumption
5) In case of the value of goods, etc has decreased significantly to the point that resale is difficult due to the passing of time
6) In case of Order-making products that enter into product production after checking customer orders
7) In case of damage to packaging such as products that can be duplicated (in case of CD/DVD/GAME/books, when packaging is opened)
*Common Things: ARTISTNOTE is a communication sales broker and not a party to the communication sales. Therefore, ARTISTNOTE is not responsible for goods, transaction information and transactions(Excluding self-work producted).
1) Governing Law: This Contract shall be governed in all respects by the laws of Korea without regard to conflicts of law principles.
2) In the event
of a dispute arising from the interpretation, performance or breaching the
conditions of this Agreement, the parties shall make their best effort to
settle the disputes between them(Artist and Buyer). However, in the
course of execution of this contract all disputes not reaching an amicable
agreement shall be settled by the Competent Court of Korea whose awards shall
be as final and binding upon both parties.