Playstock Terms of Service
Article 1. Purpose
The following Terms of Service is a legal agreement between you and “Playstock” (hereinafter: the “Company”) owned and run by tripClip Co. Ltd. The agreement settles the terms and conditions regarding the use of online service and application of Playstock, inclusive of the rights and responsibilities between the company and individual, and other details necessary to the use of the website http://playstock.net/ (hereinafter: the “Site”).
Article 2. Definitions
- “Content” refers to all footage available on the Playstock Site.
- “Editorial” refers to all footage made for illustrative purposes in a context that is newsworthy or of human interest. Such use excludes any commercial purposes, such as advertising.
- “Contributor” refers to individuals amongst Playstock users who have given consent to providing additional personal details for the purposes of uploading and selling their content.
- “Username” (ID) refers to a combination of letters and/or numbers provided by the user AND approved by the company, usually the email address used for registration, for the purposes of identification and use of Site.
- “Password” refers to a combination of letters and/or numbers provided by the user for the purposes of identification of the user in line with the username and safeguarding the user’s personal details.
- “Service” refers to the act of using the Site by the user, through both paid and free-of-charge subscription.
- “Termination” refers to the cancelling of subscription by the Company or the user.
- “Payment” refers to the amount of money the Company allocates for the approved content submissions onto the Site, in the account set by the user and approved by the Company. The Company may use a third-party payment processor such as Paypal in facilitating the payment amount not inclusive of additional fees that may occur in the process (eg. foreign exchange fees, credit card fees, data plan charges, mobile carrier fees)
- “Commission” refers to the deduction of gross content price at a rate set by the Company during the act of payment for the purposes of operating the Site.
- “Other expenses” refer to additional necessary charges that may occur in the process of payment, such as but not limited to: foreign exchange fees and/or credit card fees.
Article 3. Nature of the Engagement
- These Terms of Service (hereinafter: the Terms) will be provided on the main display page of the Site, for easy accessibility to the users.
- The Company can alter these Terms in the condition within permissible range of ACT ON THE REGULATIONS OF THE TERMS AND CONDITIONS and ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION AND INFORMATION PROTECTION.
- On the condition that the Company updates or alters any provisions on the Terms, the Company will notify you through “Notice” or email specified in the registration form 7 days prior to its effective date. If said alterations may in any way be disadvantageous to you, details will be notified clearly through a pop-up screen or email in addition to the “Notice”.
- If you do not object to the alterations notified through methods specified in 3.3 within 7 days, it is understood that you agree to the Term’s alterations.
- If you object to the modified Terms, the Company cannot apply the alterations to the Terms, and you may not use the Service from the effective date of the alterations.
- Any changes in the Terms will only affect the subscriptions made after its effective date. The subscriptions made before the altered Terms will abide by the provisions in the previous Terms.
Article 4. Interpretation of Terms
- Any interpretation or undecided matters in these Terms will comply with applicable law and regulations.
- All claim and dispute amongst the users will be processed primarily in accordance with the Terms. Users will be responsible for all matters rising out of ambiguity or undecided details of the Terms, according to the related laws and regulations.
Article 5. Use Agreement
- The Use Agreement comes into effect when an individual, with the intent of becoming a “User”, agrees to the clauses of the Terms to the Service, and the Company approves of this decision.
- In relation to clause 5.1, the Company reserves the right to confirm its user’s identity and the Company may ask for your legal documents for verification purposes.
- You must not impersonate any person, falsely state your identity or otherwise misrepresent your affiliation with a person or entity. You are responsible for any legal matters from providing false or misleading information.
- The Company will not approve the registrations of the following:
- Minors below the age of 18
- Accounts with false name or impersonations
- Accounts invalidating or violating any regulations
- Accounts containing false information
- Accounts that interfere other user’s Site use and misuse other’s information
- Accounts that reflect discrimination and hate, racism, abomination and pornography, violence of any sort
- Any cases where the Company rightfully deems the account is misfit to use its Service
- If registration has been denied or reserved due to the reasons specified in 5.4, the Company will notify you of such action.
- The Company can classify and differentiate its Service to their users according to hours of use, frequency of use, and/or service menu.
Article 6. Changes in the Account Information
- You maintain sole access and control over all details in your personal profile and may alter these information at any point of use. However, you may NOT modify your email address and username required for Service management.
- The Company is not liable for any disadvantage that derives from alterations made to your personal account in 6.1.
Article 7. Protection of Personal Information
Article 8. User’s Username and Password
- You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. The account may not be used by anyone other than yourself.
- The company may restrict use when the username reflects leak of personal information, encouragement of discrimination and hate, racism, abomination and pornography, violence of any sort, and/or bears the possibility of being misidentified as the Site or Company administrator.
- You must inform the Site of any unauthorized use of the account and its information and follow the Company’s protocol.
- In any event you do not inform or do not heed the protocol in events as stated in 8.3, the Company will not be liable for any of the subsequent disadvantages rising from your disobedience.
- The Company will not be responsible for any harm caused by your neglect of personal information on the Site.
Article 9. Notice to Users
Any notifications regarding the Service will be delivered via the Site and/or user’s email provided during registration, in accordance to these Terms.
Article 10. Obligations of the Company
- The Company will not violate these Terms and the relevant regulations, and will continue to provide a user-friendly service.
- The Company must respond appropriately to a complaint or an enquiry on the grounds that its reasons are valid and relevant. In cases where it is difficult to pose an immediate response, the Company must provide a valid reason for delay and processing schedule.
Article 11. Obligations of the User
- You must provide true and accurate information about yourself. If the provided information is not your own or inaccurate in any way, your rights may not be protected.
- You may not transfer, sell, and/or provide your license to the Service to a third party, and may not use the account as a collateral.
- You may not carry out the following. Breach of any of the following may result in legal action and/or restriction of the Site use or termination of account. You may not:
- Download, duplicate and distribute any of the content in the Site to a third party
- Carry out any of activities listed on Article 16
- Violate any of the Company’s policy and regulations including the Terms
- Pose a threat or obstruction to the Service
- Manipulate the Service to one’s favor, and/or engage in an intentional illegal transaction on the Site
- Infringe any of the applicable local, state, national, or international law
- Artificially manipulate Content prices or advocate such action among other users
- Cause significant network traffic using macro
- Intentionally/Unintentionally pose any kind of harm to the Company
Article 12. Termination of Account
- You are entitled to suspend or close your account at any point of use via “My Page” of the Service.
- On the circumstances that you terminate your subscription, all personal data will be deleted from our database except for cases where the Company retains these information by PERSONAL INFORMATION PROCESSING POLICY and applicable laws, effective immediately from your termination. For Contributors, the termination of Services may involve deletion of their Content associated therewith from our live databases within a 60-day period. This is to prevent re-download of their Content by existing users who have downloaded their Content previously. In addition, said Contributor’s Content will not be available for search in these 60 days, and new purchases will not be permitted. (More details will be available in Article 11 of Contributor TOS).
- Accordingly, if the Contributor wishes to re-join the Service with the same email address, it will be possible after 60 days.
- The Company will not have any liability whatsoever to you for any deletion of data regarding the Content use and/or cash conversion request that occurs during suspension or termination.
Article 13. Provision of Service
- The Company provides the following Service:
- Provision of Content: providing, selling and mediating Content provided by the Contributors
- Use of Content: utilizing, buying and mediating Content provided by the Contributors and the Company
- Any other additional Service the Company develops for its users
- The Service is provided all year round, 24 hours a day.
- The Company may temporarily suspend its Service and will not be liable for any delay or failure should there be any maintenance, replacement, malfunction of communication facilities (eg. Computer), loss of service, natural disaster and/or other unforeseen events. In such cases, the Company will notify you the cause and time and date of resumption before or after the delay.
- The Site is subject to regular maintenance when necessary for the provision of effective Service. Time and date of maintenance will be notified to you via the Site.
Article 14. Maintenance of Content
- The Company has the right to remove or modify Content at its sole discretion.
- The Company will notify you of any issues (including but not limited to, copyright) via “Notice” on the Site or email address provided by you and you must terminate your use of Service upon notice. You will be liable for all matters occurring from your continued use of Service post-notification.
- Refer Contributor TOS Article 7 “Restrictions in Content Submission”
- If you suspect any copyright infringement of the Content you own and control or any other Content available for use on the Site, you must alert the Company in the ways specified by the Company’s DMCA Copyright Infringement Policy.
Clause 15. Content Copyright
- The full copyright ownership of the Content provided by the Site belongs to the Contributor and/or the rightful owner of the Content. The Company does NOT sell the copyright to the Content, and you are only granted license to use and hence only permitted to utilize the Content within the spectrum of your purchase, specified by the payment amount and your subscription type.
- All duplications, unauthorized use, and any other Content use without the prior approval of the Company that violate the Contributor TOS below, will be regarded as an act of copyright infringement according to the Copyright laws and other applicable laws, rules and regulation. You are responsible for all matters following your Content use that is not explicitly included in these Terms and the Contributor TOS, and may be liable for any sort of compensation. You must also exempt the Company from any third-party fee that may occur in this process.
- The Company may not own portrait, property, trademark, patent, design rights to some subjects within the Content. (eg. Portrait rights of a passerby, property rights of a building in the background) You may have to obtain such rights by yourself before use. You must enquire the Company should there be any doubts regarding the rights of subjects in the Content BEFORE use. If you decide to proceed with the use without prior discussion with the Company, the Company will not be liable for any disputes over such rights, and you must exempt the Company from any third-party fee that may occur in this process.
- The rightful owner of the Content bears all rights to trademarks, other related graphics, logos, service marks and trade names used in the Content. To modify, obscure, remove or use it in any way that could potentially be an infringement of copyright laws, you must seek permission from the creator before use.
- You are liable for any dispute regarding matters specified in clause 15.4. The Company will not be responsible for any dispute and disadvantage that derive from your disobedience of these Terms.
- In any cases of dispute between you and the Company AND a third party, you may NOT admit liability, attempt negotiation and/or compromise on the behalf of the Company without prior agreement. If you do admit liability, attempt negotiation and/or compromise with a third party without prior agreement with the Company, the decision between the third party and you will not pose any legal effect toward the Company.
- The Company is not liable for any dispute occurring from uploading, buying and/or selling Content. The dispute may only be resolved between you and the Contributor. The Company may only deliver fact-based information to both parties in the interest of an efficient negotiation.
- Infringement claims/DMCA notice: you may notify the Company according to the Company’s Company’s DMCA Copyright Infringement Policy if you feel that the Content available for use on the Site violates your copyright. (Specified in a separate document)
16. Restrictions in Content Use
- You are forbidden from redistributing and reselling Content. This includes the act of: license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit.
- The Content on the Site may not be used in the following causes:
- Material containing disorderly conduct, such as but not limited to pornography, adult entertainment facilities, loansharking.
- Misleading or deceptive delivery of information
- Exaggerative advertisement (especially if it is in the form in which the subject/model of Content is encouraging the use of product/service advertised)
Eg. Before and after pictures of a plastic surgery facility
- Depicting untrue information about the subject in such purposes
- Other exaggerative and deceptive advertising
- Portraying an individual in a defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable way
- Reprocessing and editing an individual’s face and/or body
- Other purposes defaming individual’s character
- Other unlawful activities
- Exhibitions, competitions, trademark, symbol, service mark, logo, and/or other related graphics
- The Service may not be used as a means of delivering Content to an individual or a group of people, and you may not download your own Content with this intent. In any actual or suspected activity with this intent, the Company may terminate your account, restrict your Site use, and/or reserve your payment as an appropriate response.
- Should there be any doubts regarding these regulations you must discuss with the Company or the original creator of the Content prior to use. This is especially so when you wish to use Content that contains human subjects, as these are subject to stricter regulations.
- All Content is available as non-exclusive use. You must discuss with the Company if you wish to use any Content exclusively.
- The purchased Content cannot be uploaded or downloaded with the intent of redistribution on online storage, blogs, and social media accounts (eg. Facebook, Instagram).
- Registration/application of rights for any intellectual property with downloaded Content and/or adaptation of Content is forbidden. If you wish to sell and distribute adapted works of the Content, you must consult the Company prior to action.
- When delivering (providing to a secondary user) an adaptive work of Content, the original source of the adaptation cannot be delivered. You are liable for all action that arises from distribution of the original Content, for example, if your client decides to produce a secondary work using the original source.
17. Refund of Content
- Due to the nature of digital content, all Content as provided by the Service is non-refundable.
- The Company is not obligated to refund any of the purchased Content unless legally required. Additional charges will not be refunded even when subscription is suspended before its expiration date. By agreeing to a subscription plan, you are thereby aware of the fact that you will be paying full amount of the subscription fee. If the Company deems that you fit for a refund, the refund will be delivered through the original billing information you have previously provided. If you are a resident of an EU country, cancelled the subscription within 14 days of purchase, and have not downloaded or obtained license for any Content on the Site, the Company will provide a full refund of the amount you paid. Please contact our customer service for account cancellation.
Any unauthorized use, duplication, distribution of the Content provided by the Service, and/or any act that violates the relevant regulations is considered an infringement of copyright according to the copyright laws and other applicable laws. In such cases, you must compensate any damage caused to the Company, and other additional losses that may incur in this process (inclusive of a lawyer’s fee and legal expenses). If a third party demands indemnity to the Company for the above, you are responsible for such charges.
- The Company is exempted from its responsibility to provide Service to its users if the failure is due to unforeseen events, which are beyond the reasonable control of the Company, such as strikes, blockade, war, terrorism, riots, natural disasters.
- The Company is exempted from any liability for any disadvantages that rises from disruption of service caused by the communications service provider.
- The Company is exempted from any liability for any disadvantages caused by unavoidable circumstances, such as but not limited to maintenance, replacement, repair of Service.
- The Company is not held responsible for any delay/temporary error in Service due to increased traffic and/or temporary suspension of the Site for maintenance, and hence will not provide any refund or compensation for such.
20. Dispute Resolution
- The Company will address any complaints or enquiries regarding the Service. If there is a difficulty responding to such concerns immediately, the Company will notify you of the reason for delay and the processing schedule.
- Any dispute between the Company and you may be addressed with mediation procedures in accordance to FRAMEWORK ACT ON ELECTRONIC COMMERCE set forth by the E-Commerce Mediation Committee.
21. Termination of Service
- The Company must notify you of termination of Service via the Site or email 3 months before the effective date.
- Termination may imply restricted access to some service available on Site, from the date of notification up to the effective date of termination.
- The amount of payment that has not been received before termination even after the Company has notified you will be returned to the Company.
22. Applicable Law and Agreement Jurisdiction
- Any controversy or claim arising between you and the Company shall be settled exclusively by the laws of South Korea.
- All legal processes and disputes over Service use will be governed in the court of competent jurisdiction, which will be the court of the region the Company is based in.
- Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- The Site is operated through a paid service in the form of a yearly subscription plan with the pricing policy the Company decides.
- The subscription will renew automatically once it expires. If you do not wish your subscription to renew automatically, they can manually change this setting via the Site. Otherwise you agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the renewal commencement date.
- The subscription renews yearly. For example, if the subscription starts on March 5th, it renews automatically on April 6th the following year.
Effective August 2020