Terms and Conditions of Use of the Korean Artist Project
Article 1 (Purpose)
The purpose of these Terms and Conditions (hereinafter, Terms and Conditions) is to stipulate rights, obligations and responsibilities, and other necessary matters regarding The Korean Art Museum Association (hereinafter, Association) and its members (hereinafter, Members) concerning the use of the Korean Artist Project, as well as the entirety of project-related services provided by the Association.
Article 2 (Definition of Terms)
① Service: This refers to the Korean Artist Project and any and all project-related services which a Member may access through both wired and wireless Internet terminals (including all types of wired and wireless devices including personal computers, televisions and portable terminals).
② Member: This refers to any individual who accesses a service of the Association and agrees to the Terms and Conditions and who by completing the membership registration process becomes therefore entitled to make use of the services provided by the Association.
③ E-mail Address: This refers to the combination of Roman letters and numbers selected by a Member and approved by the Association for the purpose of identifying a Member and that Member’s use of the service.
④ Password: This refers to a combination of Roman letters and numbers selected by a Member in order to verify identity and protect personal information.
⑤ Posting: This refers to texts, pictures, videos and/or all types of digital files and links in the form of code, letters, voice, sound, images and/or motion pictures that a Member publishes by means of the service while using said service.
Article 3 (Notice, Effect and Amendment of the Terms and Conditions)
① The Association shall post the Terms and Conditions upon the front page of the service and/or the member registration page to ensure that Members may fully access this statement.
② The Association may amend the Terms and Conditions to any extent that does not violate relevant laws including the Act on Promotion of Information and Communications Network Utilization and Information Protection (hereinafter, the Information and Communications Network Act).
③ Upon amending the Terms and Conditions, the Association shall post on its website a public notice providing a clear statement of its effective date and reasons for the amendment, as well as the current terms and conditions 15 days prior to the effective date and for a reasonable period following the effective date. However, if any amendment is deemed unfavorable to Members, the Association shall notify the membership of the amendment via electronic means such as e-mail or a consent window appearing at member login for a certain period, in order to supplement the public notice.
④ Notwithstanding the clear statement or notification of the Association, when providing public notice or notification of an amendment of the Terms and Conditions pursuant to the previous clause, a Member would be deemed to have agreed to the amended Terms and Conditions if he or she expresses no opinion within 15 days. If a Member does not explicitly express opposition to such amendment, he or she shall be deemed to have agreed to the amended version of the Terms and Conditions.
Article 4 (Entering into the Agreement for Use)
① The Agreement for Use shall be entered into upon consenting to the Terms and Conditions and applying for use of the service, subject to Association approval of said application.
② The Association shall, in principle, permit the use of its services by Members who have joined the service in the order of receipt of application. However it shall defer acceptance of an application if operational or technical problems occur. The Association shall disallow the use of the service or may terminate the Agreement for Use in any of the following cases:
1. In cases where an application is submitted using another person’s name or a false name;
2. In cases where information provided in an application is false;
3. In cases where an application is made by an individual under the age of fourteen;
4. In cases where acceptance of an application is impossible due to liability of users or an application is made in violation of any pertinent regulation.
④ The Agreement for Use shall take effect upon the display by the Association of “Membership Complete” at the end of the application process.
Article 5 (Management of and Responsibility for Personal Information of Members)
① A Member shall take responsibility for managing his or her own e-mail address and password and shall not allow a third party to use this e-mail address or password.
② The Association shall not assume any responsibility for damages that a Member may suffer while using the service due to carelessness in the management of e-mail address or password or injudicious use by a third party, unless such damage was an intentional product of actions by the Association or resulted from a grievous fault of the Association.
③ Members may access and modify personal information at any point by means of the personal information page of the website. However, names and/or e-mail addresses that are required for the management of the service may not be altered.
④ Members shall make a change of information online or notify the Association of a change via e-mail or other means when their registered information has changed.
⑤ The Association shall not assume any responsibility for disadvantages that may arise as a result of a Member failing to inform the Association of a change of information, as stipulated in Clause 3 hereof.
Article 6 (Obligations of Members)
① A Member shall not conduct any of the following acts:
1. Register false information when making an application for membership or modifying information;
2. Make unlawful use of another person’s information;
3. Alter information posted by the Association;
4. Collect, store or expose another Members’ personal information without consent;
5. Transmit or post information (computer programs, etc.) which is prohibited under relevant laws or regulations including the Information and Communications Network Act;
6. Infringe on intellectual property rights including a copyright of the Association or a third party;
7. Conduct any act that result in damage to the reputation of the Association or a third party, or hinder the business of the Association or a third party;
8. Disclose or post any content by means of the service such as obscene or violent messages, videos, sound and/or any other means that harms the public order and customs;
9. Use information obtained through modification of content originally posted on the service of the Association or through such service in a form of coping, publication or broadcasting for commercial or noncommercial purposes without the prior consent of the Association, or otherwise provide it to a third party;
10. Perform an act violating current laws, these Terms and Conditions established in the service provided by the Association, and/or regulations on other uses of this service.
② If a Member conducts any forbidden activity mentioned in Clause 1 hereof, the Association shall take appropriate measures depending on the gravity of the offense, such as restricting the use of service (suspension of service use and/or termination of the agreement), or referral to an investigative agency.
③ A Member shall comply with all relevant laws, the provisions of the Terms and Conditions, and guidelines for use, as well as the Association’s notices and notifications with respect to the service, and shall not conduct any acts that may interrupt the business of the Association.
④ A Member shall not conduct business and/or promotional activities contradictory to the purpose and method of use established by the Association without the prior consent of the Association, and a member’s use of the service shall not infringe upon the property rights, business rights or business models of the Association.
Article 7 (Provision of Information via E-mail)
① The Association may send information to the e-mail address provided by a Member when this information is considered to be of benefit to his or her use of this service.
② The Association may send e-mail to Members for the administration of the service by using the membership information provided. In the case that a Member does not wish to receive e-mail from the Association, he or she may indicate this preference at any time by activating the e-mail-blocking function on the service.
③ The Association may send e-mail absent the Member’s consent under the following circumstances:
1. In which the Association requires confirmation to verify the authenticity of an e-mail address entered in the user application form;
2. In which the Association requires confirmation to verify a change in membership information;
3. In which the Association deems information to be sent to be of sufficient importance to the operation of the service.
Article 8 (Obligations of the Association)
① The Association shall not violate relevant regulations and/or these Terms and Conditions, and shall make every reasonable effort to provide sustainable and stable services.
Article 9 (Provision and Modification of the Service)
① This service, in principle, operates 24 hours a day and every day of the year.
② The Association may suspend the service temporarily in cases such as due to the maintenance, replacement, and breakdown of IT equipment, communications disruption or other operational reasons, and may perform routine maintenance as needed. In these cases, Members shall be notified by e-mail or through a prior announcement posted on the notice board.
③ The Association may modify all or part of the service in the event of significant administrative or technical matters, and will not inform Members in advance nor offer compensation for any inconvenience, except in cases where special regulations under relevant laws apply.
Article 10 (Copyright of Content, its Management and Responsibilities)
① The copyright and intellectual property rights of this service and the postings that the Association has published thereon are the property of the Association.
② The Association does not guarantee nor can it be held accountable for the reliability, authenticity and/or accuracy of any content provided by Members.
③ In the case that a Member’s posting violates any relevant laws, including the Information and Communications Network Act and the Copyright Act, the copyright holder may request suspension of the publication and deletion of the posting on this service under relevant laws, and the Association shall address this matter in compliance with relevant regulations.
④ The Association may take temporary measures regarding postings found to be in violation of a copyright, its own policies or other relevant laws, even if the holder of a copyright does not make any such request as described in the previous clause.
⑤ Members shall bear full liability in civil and criminal cases when their publication or posting of material on this service violates the intellectual property of the Association or a third party.
Article 11 (Suspension and Termination of the Use of the Service)
① A Member may request termination of membership via e-mail or by means of the withdrawal function page, and the Association shall immediately process this request in compliance with relevant laws.
② In the case that a Member has violated Article 6 (Obligations of Members) or has made any attempt to disrupt the operation of this service, the Association shall provide prior notice of the violation and may restrict or terminate membership, or suspend his or her use of this service for a designated period.
③ In the case that a Member has committed illicit acts of distributing illegal software or attempted to disrupt the service in violation of the Copyright Act and the Computer Program Protection Act; attempted to hack the service or perform disallowed communications in violation of the Information and Communications Network Act; and distributed malicious software or attempted to exceed authorized access in violation of relevant regulations, the Association may immediately and permanently terminate his or her membership.
Article 12 (Limitation of Liabilities)
① In the case that the Association is unable to provide service due to a natural disaster or other uncontrollable and/or unavoidable conditions, the Association shall not be held responsible for any interruption of service.
② In the case of damages resulting from to a cessation or abnormal performance of network services by the common carrier, or the suspension/temporary malfunction of this service due to the posted maintenance, replacement, routine field checks and maintenance of the equipment, the Association shall not be held responsible.
③ In the case of damages due to a Member’s own fault, such as a computer malfunction, inaccurate personal information or e-mail address, or improper password management, the Association shall not be held responsible for any compensation.
④ In the case of damages related to security matters caused by a Member’s computer settings, or otherwise beyond the Association’s management ability, or in the case of network hacking against which current security technology is insufficient, the Association regards the damage to be outside its liability and shall not be held responsible for any compensation.
⑤ In the case of any business transactions between the Members or with third parties based on this service, the Association shall not be held responsible for the transactions.
Article 13 (Governing Laws and Jurisdiction)
① Any lawsuit between the Association and the Members is subject to the governance of Korean Law.
② Any lawsuit regarding disputes between the Association and the Members falls under the civil jurisdiction of the local court.
These Terms and Conditions go into effect October 1, 2011.
Disclosure of Collected Personal Information
A. The Korean Artist Project collects the following personal information in the initial phase of applying for membership in order to provide various services including membership and customer support:
- Compulsory information: e-mail address, password, and name.
- Voluntary information: occupation, date of birth, place of residence (city/nation), gender, areas of interest, and means of learning of the site.
B. During the use of this service, the following information can be created and stored automatically:
- IP addresses, cookies, dates of visit, and log data of the normal use of service and illegal access to the service.
C. For those who use additional services, the following information can be collected:
- Occupation, date of birth, place of residence (city/nation), and gender.
D. Use of collected personal information for the development of new services, marketing, or promotion.
- Collected personal information may be used for the development of new and/or customized services, the offering of services based on statistical patterns, advertisement purposes, the identification of the applicability of the service, the offering of promotional and/or advertising information and/or opportunities, the analysis of frequency of visitation, and other statistical analysis of use patterns of this service.
Period of Storage and Use of Personal Information
In principle, personal information that has been collected is discarded once the purpose of that collection and use of the information has been accomplished. However, the following information can be stored for a designated period in the following cases:
A. Storage of information under the Association’s internal policy
- Log data of illegal access to the service
Reason for storage: prevention of illegal access.
Duration of storage: one year.
I agree to the collection and use of personal information.