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Terms of Use for Asia Pacific Music Meeting Website

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Thank you for using the official website of Ulsan Arts & Culture Foundation (hereinafter “the Foundation”), and please refer to the following for terms of use, which reflect provisions of applicable laws and regulations to protect your rights and interests. The Terms of Use shall be effective from the date of enactment.

 

Chapter 1 General Provisions

Article 1 (Purpose)

The Terms of Use are designed to stipulate the terms & conditions and procedures for using all services provided by the Asia Pacific Music Meeting website (www.apamm.org, hereinafter “the Website”) organized by the Foundation, and the rights, obligations, responsibilities of users and each website, as well as other matters necessary for using the Website.

 

Article 2 (Effects and changes of the Terms of Use)

1) The Website provides services to its users if the user consents to the particulars of the Terms of Use. The Terms of Use shall prevail over other provisions when it comes to provision of services and use of services on the Website.

2) The Website may amend the Terms of Use without prior notice, and the amended Terms of Use shall be disclosed on the Website for users to ascertain such amendments in person. If the user does not consent to the amendments, he or she may withdraw membership from the Website. If the user maintains his/her membership, it is considered as an implicit agreement to the change of the Terms of Use. The amended Terms of Use shall be effective upon public disclosure.

 

Article 3 (Governing laws other than Terms of Use)

Matters not stipulated herein shall be governed by the Framework Act on Telecommunications, Telecommunication Business Act, Regulations of Korea Communications Standards Commission, Code of Ethics on ITC, Copyright Act and other applicable laws and regulations.

 

Article 4 (Definitions)

Terms used herein shall be defined as follows. Also, terms not defined herein shall be defined by separate Terms of Use and Regulations of Use on individual services.

1) User: the person to whom the service is provided by the Website pursuant to the Terms of Use

2) Member: those who have signed up for the Website by providing their personal information and who can use the information and services of the Website

3) ID: the personally identifiable code for the member, which is issued upon signing up for the Website

4) Password: a combination of letters, numbers and special characters to identify the ID user

5) Sign-up: filling in information required for signing up on the membership application form and consenting to Terms of Use to complete the service usage agreement.

6) Membership withdrawal: termination of the service usage agreement by the user

 

Chapter 2 Provision and use of the service

Article 1 (Constitution of the service usage agreement)

The service usage agreement shall come into effect when the user fills in the online service usage application form provided by the Website to complete the sign-up process. Moreover, the Website may cancel the sign-up and hold the agreement back from coming into effect in any of the following circumstances until the reason therefor ceases to exist.

1) If the user applied for service usage under someone else’s name

2) If the user filled in false information in the service usage agreement to apply for use of the service

3) If the user applied for service usage to undermine social stability, order or public morals

4) If the user has disturbed other’s use of the service on the Website or misused others’ information

5) If the user has committed acts prohibited by applicable laws, regulations and the Terms of Use by using the Website

6) If the user lacks the requirements of service usage predetermined by the Website

7) If the capacity in association with the service is insufficient

8) If there are technical failures

9) The services provided by the Website refer to all services that are independently developed by the website, or provided through consultations with other institutions. Any change to the services shall be disclosed in advance to users.

 

Article 2 (Confidentiality of member information)

1) From the moment the applicant completes the sign-up process for the Website, the member shall be responsible for confidentiality of information inputted by him/herself, and also for all consequences arising from provision of his/her own ID and password to a third party.

2) The member shall be responsible for keeping his/her ID and password confidential. Upon detecting improper use of his/her ID or password, the member shall report to the Website immediately. The member shall be responsible for all consequences from failure to report the above.

3) The member shall make sure that he/she terminates the access whenever he/she ceases to use the service on the Website. The Website shall not be responsible for any damage or loss arising from improper termination of access (i.e. misuse of the user’s or the member’s information by a third party).

 

Article 3 (Period for service usage)

1) In principle, users can access the service 24 hours a day all year round, unless there are technical failures or business issues on the Website.

2) The time for service access stated in paragraph 1 shall not apply to certain days or times set by the Website for regular maintenance and the like, or downtimes caused by unforeseen events or accidents.

 

Article 4 (Suspension of services and saving & use of information)

1) If messages saved in or transmitted to the services of the Website, and other telecommunications messages, etc. could not be kept, transmitted or are deleted, or if other telecommunications data is lost, due to national contingencies, power outages, failures in the service facility that are beyond the control of the Website or that are caused by force majeure, the Website shall not be responsible for any consequences associated with the foregoing.

2) If the Website has to temporarily suspend its services due to difficulties in smooth provision of services, the Website may suspend the services after a one-week prior notice, during which the Website shall not be responsible for the user’s failure to recognize the notice. The prior notice period may be shortened or forgone in inevitable circumstances. Moreover, if any message saved in or transmitted to the service, and other telecommunications messages, could not be saved or transmitted, or are deleted due to suspension of the service, and if it has caused loss of other telecommunication data, the Website shall not be responsible for any consequences associated with the foregoing.

3) If the service has to be permanently suspended due to circumstances of the Website, the suspension shall be made in accordance with paragraph 2 above. Provided however, in this case, the prior notice shall be made one month before the suspension.

4) The Website can temporarily modify, change or suspend its services after prior notice, and the Website shall not be responsible for the above to the user or a third party.

5) If a user breached the Terms of Use, the Website may, at its discretion, restrict or cease the user’s service usage. In this case, the Website may also ban the user’s access.

6) The Website may suspend the usage of service by inactive users after sending an email or notice one week prior to the suspension.

 

Article 5 (Change and termination of services)

1) The Website shall not be responsible for any damage caused to the user by data obtained in the course of using the service, and for credibility, accuracy, etc. of information, materials and facts displayed on the Website by its user.

2) The Website shall not be responsible for any damage caused to the member of the service by the member’s intention or a fault attributable to the member.

3) If a member wishes to withdraw membership, he or she may do so according to the procedures of membership withdrawal after logging on to the Website. Upon membership withdrawal, the member shall not be able to access membership-only services on the statistical information website.

 

Article 6 (Provision of information and posting of promotional materials)

1) The Website, in its operation of services, may provide various information to its members by posting it on the Website.

2) The Website may display promotional materials that are deemed appropriate or utilizable for the service.

 

Article 7 (Copyrights of posts)

The Foundation and the Website shall reserve the tights to the materials posted by the user and the Website. The Website is entitled to editing and moving the posts without prior notice, and may delete information in following cases without prior notice. Moreover, the user shall have criminal and civil liabilities for infringement of copyrights by his/her posts.

1) If the post violates the Terms of Use, or is considered to be illegal, lewd or indecent

2) If the post insults or slanders other users or a third party to the point of constituting libel

3) If the post undermines public morals or social order

4) If the post is considered to be linked to criminal acts

5) If the post infringes upon a third party’s rights, including copyrights

6) If the post breaches other applicable laws and regulations

 

Article 8 (User’s code of conduct and restriction from accessing the service)

1) If the information provided by the user is found to be falsified, or there are justifiable reasons to doubt the veracity of the information, the Website may suspend the user from accessing the service in part or in whole, and shall not be responsible for any disadvantage arising therefrom.

2) The user shall be entirely responsible for all forms of information that he/she has posted, transmitted, or obtained via services of the Website, or via email and other means, and the Website shall not be responsible for any of such information whatsoever.

3) The Website shall not guarantee the accuracy, completeness and quality of the details of services that are not provided by the Website but by its members or other relevant institutions. Thus, the Website shall not be liable for any type of losses or damages caused to the user by accessing the above details.

4) The user shall agree that he/she will not engage in any of the following acts through the service.

- Using the ID and password of others

- Transmitting, posting, displaying, emailing or sending via other means the information that are indecent, lewd, offensive, threatening or that may infringe upon others’ privacy.

- Falsifying the source of the message transmitted via the service

- Posting, displaying, emailing or sending via other means the details that are classified as unusable information by laws or agreements

- Posting, displaying, emailing or sending via other means the details that infringe upon others’ patents, trademark, trade secrets, copyrights or other intellectual property rights

- Posting, displaying, emailing or sending via other means the advertisements, promotional materials, junk mails, spam mails, chain letters, solicitations by pyramid organizations or other forms of organization that are not approved by the Website

- Collecting or saving other users’ personal information

5) The Website may delete all information relevant to the service without the user’s consent, if the user is considered to have violated the Terms of Use.

6) The user, who is restricted from accessing the service under paragraph 1 above, may raise objections if he/she has objections against the above measures. However, the Website shall not be responsible for the user’s data that was deleted by the restriction on the use of the service.

7) The Website may postpone the user’s access to the service until the objection raised by the user under provisions of paragraph 6 above is ascertained and handled.

 

Chapter 3 Obligations & responsibilities

Article 1 (Obligations of the Website)

1) The Website has the obligation not to commit acts prohibited by applicable laws, regulations and the Terms of Use, or that are against public morals, and to strive for continued and stable provision of services.

2) The Website shall not provide personal information of its members to a third party without the members’ permission. Provided however, this shall not apply if a national institution demands such information pursuant to applicable laws and regulations, including the Telecommunications Act, and upon prior approval of the user.

3) The Website shall be equipped with a security system for protection of personal information of the user, so that users can safely access the services of the Website.

4) The Website shall not be liable for failure to access the service caused by a fault attributable to the user.

 

Article 2 (Obligations of the user)

1) Users shall fill in the information required for sign-up as accurately as possible. Also, in order to maintain the accuracy of such information, users shall retain and update their information that has already been provided, and shall not allow a third party to use their ID and password.

2) Users may not engage in any form of commercial acts using the services without prior permission of the Website. Provided however, this shall not apply if stipulated otherwise in individual websites.

3) Members may not use or provide to a third party the information that they have acquired in the course of using the services on the Website without prior permission of the Website by way of photocopy, replication, change, translation, publishing, broadcast, etc.. Provided however, this shall not apply if stipulated otherwise in individual websites.

4) Users shall not engage in following acts in relation to the use of the services on the Website:

- Use of other members’ ID

-Acts intended for crimes or related to crimes

-Acts that undermine public morals and social order

- Acts that defame or insult others

- Acts that infringe upon others’ intellectual property rights, etc.

- Hacking or spreading of computer viruses

- Continued transmission of certain information, such as advertisement information, against others’ will

- All acts that disrupt, or that are feared to disrupt, the stable operation of services

- Changes to information displayed on the Website

- Other acts in violation of article 53 of the Framework Act on Telecommunications, article 16 (Improper Communications) of the Enforcement Decree of the Telecommunications Business Act, and article 53-3 of the Telecommunications Business Act

 

Chapter 4 Others

Article 1 (Ownership of the Website)

1) The intellectual property rights and other rights in association with services provided by the Website, and software, images, marks, logos, design, service name, information and trademark required for such services, shall be owned by the Website.

2) Users shall not, unless expressly approved or stated otherwise in individual websites, modify, borrow, lend, sell, distribute, make, transfer, relicense, collateralize, or use for commercial purposes, each of the property in paragraph 1 above, and shall not permit a third party to do the foregoing.

 

Article 2 (Non-transferability)

Members shall not transfer or give their authority to access the services or the status as a party to the service usage agreement, and shall not put it up for collateral.

 

Article 3 (Compensation)

The Website shall not be liable for any damages caused to the user with regard to services that are provided free of charge on the Website, except for criminal acts intended by the Website.

 

Article 4 (Indemnification)

  1. Website does not have an obligation to confirm or represent any opinion or information expressed by the services, and does not approve, disapprove or modify opinions expressed by a third party or its members. The Website, in any circumstances, shall not be responsible for any benefits or damages accrued to the users by relying on the information contained in the services.
  2. Website shall not be responsible, in any circumstances, for transaction of goods or cash mediated by the services between the users or between the users and a third party, and for any interest anticipated by the user in association with the use of services.

 

Article (Jurisdiction)

Any litigation arising from the use of services shall be dealt with in Ulsan District Court.

 

Addendum

[Effective date] The Terms of Use shall be effective from the date of enactment.

Guidance on collection and use of personal information

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A. Purpose of collecting and using personal information

APaMM shall process personal information for following purposes. The information shall not be used for any other purposes, and any change in the purpose of using personal information shall require necessary protective measures, for example, consent of data subjects pursuant to article 18 of the Personal Information Protection Act.

1. Membership management for provision of services on the APaMM Website

 

B. Particulars of personal information to be collected

Member information (compulsory): name, email address (ID), password

 

C. The period for retaining and using personal information

APaMM shall handle and retain personal information within the period for retaining and using personal information prescribed by laws and regulations, or the period that had been consented to by the data subject when collecting personal information.

1. APaMM member information

- Grounds for information collection: consent of the data subject

- Period: Within 6 months from sign-up (until termination or the project)

- Grounds for keeping personal information: consent of the data subject

 

D. Rights to deny consent and disadvantages from denial

Users may refuse to the collection and use of personal information above, in which case they may be limited from joining the membership.

the password must be at least 6, and must have at least one alpha character and numeric characters

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CONTACT US

ULSAN ARTS AND CULTURE FOUNDATION

Telephone Number : 070-4213-0551

FAX : 052-259-7907

E-Mail : artandculture1@uacf.or.kr

Address : 202, Jungang-ro, Nam-gu, Ulsan, Republic of Korea

APaMM 2019

Copyright 2019
ULSAN ARTS AND CULTURE FOUNDATION
All rights reserved.

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