Cymera

1. Purpose

The purpose of the following Terms of Service (hereinafter, referred to as “Terms”) is to set forth the conditions and procedures for the use of the services, as well as the rights, obligations, responsibilities, and other necessary details, regarding the services provided by SK Communications (hereinafter, referred to as “the Company”) between the Company and the customer (or member).

2. Definitions

The terms used in these Terms are defined as follows, and interpretation of any terms not defined herein shall adhere to relevant laws and regulations, as well as to the service notices of the Company.

1. Service: This refers to all forms and types of services provided by the Company that are used by a customer or member through a wired/wireless device, such as a PC, TV, mobile terminal, or program. It also includes any use of the Company’s service provided to a customer or member, through a program or service developed and implemented by a third party, based on APIs provided by the Company.
2. Member: This refers to any person who accepts these Terms, enters into an agreement with the Company, and uses the service provided by the Company.
3. Customer: This refers to any person who intends to enter into an agreement with the Company in order to use the Company’s service.
4. Member information: This refers to a customer's personal information, such as their telephone number and email address, which the Company requests the customer to enter in the membership application form.
5. ID: This refers to the personal information used for the identification of a member and their use of the service.
6. Password: This refers to a combination of characters and numbers set by a member for the protection of their member information.
7. Postings: They refer to signs, texts, audio, music, videos, images, files, etc., posted or submitted by the member on/to the service provided by the Company.

3. Effects and Changes to Terms

1. The Company shall publish these Terms on a service screen for easy reference by the member.
2. The Company may amend these Terms within a scope that does not violate any laws and regulations concerning the control of these Terms or any relevant laws, including the Law on the Protection and Use of Location Information, the Personal Information Protection Act, the Act on Promotion of Utilization of Information and Communications Network, etc.
3. In case of an amendment, the Company shall announce reasons for the amendment and the effective date of the amendment, along with the current, effective Terms on a service page from 7 days in advance of the effective date, up to one day in advance of the effective date. However, changes to important regulations concerning the rights and obligations of members must be announced on a service page at least 30 days in advance of the effective date, along with additional notifications to facilitate easy reference of the details of the amendment by all members.
4. If a member does not explicitly express their refusal, despite the Company’s announcement or notification to the member that each member’s acceptance would be deemed as expressed unless a member clearly expresses their refusal before the effective date of the amendment as the Company announces or notifies the amended Terms, in accordance with Paragraph 3, the members will be deemed as having accepted those amended Terms.
5. If a member chooses not to accept the amended Terms, they may stop using the service and terminate the agreement.
6. The members shall pay careful attention concerning amendments to these Terms and the Company will not be liable for any damage suffered by a member due to ignorance of any amended Terms.

4. Additional Regulations

Details not stated in the Terms are subject to applicable laws and regulations, as well as the service operations policy, notices, etc., of the Company.

5. Establishment of the Agreement

1. A service agreement is established when the customer “accepts” both these Terms and the policy concerning the collection, use, etc., of their personal information, completes an application form provided by the Company, applies to use the service, and when the Company approves the application. These Terms also apply to anyone who uses the application.
2. The customer’s “acceptance” of the preceding paragraph, and completion of the application form, will be deemed as their understanding of the details concerning these Terms and the collection, use, etc., of their personal information and their intention to comply with the Company’s service operations policy and notices regarding their use of the service.

6. Application to Use the Service

1. When applying for membership, the customer must provide their accurate personal information on the Company’s application form. If any of the information entered is not true, the Company may suspend or refuse to provide the service.
2. If a member violates these Terms or any applicable laws or regulations, the Company may restrict the member’s use of the service. If it is confirmed that the member is unable to use the Company’s service, the Company may take necessary actions, including suspension and a refusal to provide the service for that particular member.
3. If a customer is found to have applied to use the Company’s service for a dishonest purpose, or by a dishonest means, such as by stealing personal information from other members, the Company may refuse to provide the service or suspend the member from using the service without prior notice.

7. Approval and Restrictions Concerning the Application to Use the Service

1. The Company shall approve use of the service for customers who applied to use the service in the order that their applications were received, unless there are administrative and/or technical circumstances involved.
2. The Company may choose not to approve a customer’s application for use if:
1. 1) It is unviable for the Company to provide the service to the customer due to technical difficulties;
2. 2) The customer has submitted a falsified application form;
3. 3) Some items are omitted or incorrectly entered in the customer’s application form;
4. 4) The customer has hindered the public safety, order, and morals, or has applied for the purpose of hindering public safety, order, or morals; or
5. 5) It is not possible for the Company to provide the service to the customer for other reasons.

8. Change of Member Information

While using the service, members must immediately update their member information whenever there is a change in their member information. Members will be liable for any problems that arise from not keeping their member information up-to-date.

9. Start of Service and Hours of Use

1. The Company shall provide the service to members from the moment their member application for use of the service has been approved.
2. If the Company is unable to provide the normal level of service to a member, due to administrative/technical issues, the Company shall announce the details on a service page or notify the member.
3. On principle, the service shall be available for use every day of the year, 24 hours a day. However, the service may be suspended temporarily for periods specified by the Company for reasons of system maintenance, expansions, replacements, repairs, etc., in which case the Company shall announce the details on a service page either before or after the suspension or service.

10. Change or Suspension of Service

1. If there is a good reason to introduce changes to the service, the Company may make an announcement on a service page or notify to members of the details of such changes to the service, and the effective date of any changes, before introducing those changes to the service.
2. If the Company restricts or suspends its service, in part or in whole, it shall announce it on a service page or notify members of the reason(s) for the restriction or suspension. However, if the restriction or suspension is caused by a reason outside of the Company’s control, the Company may make an announcement or issue a notification after the event. The Company may restrict or suspend the service, in part or in whole, if:
1. 1) The restriction or suspension of the service is inevitable, due to expansions, repairs, etc., of the equipment used for the service;
2. 2) Suspending the service is inevitable, due to reasons outside of the Company’s control;
3. 3) Normal use of the service is challenged, due to user congestion, etc.;
4. 4) The restriction, or suspension, and closing down of the service is deemed inevitable in accordance with the Company’s service operations policy; or
5. 5) There is a cause of force majeure, such as blackout, act of God, or a state of national emergency.
3. The Company may restrict a member’s use of the service when necessary. The Company shall make an announcement on a service page or notify the member concerning the details of such a restriction.

11. Provision of Information and the Display of Advertisements

1. While running its service, the Company may provide various information, including advertisements, to the member by publishing it on a service page, displaying it on a pop-up window, using push notifications, etc.
2. Despite Paragraph 1, the Company may provide ample notice and any other information the member must know concerning the service by publishing it on a service page or, displaying it on a pop-up window, or using push notifications regardless of the member’s acceptance of the provision of such information.

12. Copyright of Postings

1. The copyright of the content a member posts in the Service is protected by the Copyright Law and the copyright/intellectual property of the company’s postings belong to the company.
2. The member allows the company to use material the member posts in the Service for the following purposes:
1. 1) Using the Service to copy, transfer, display, etc. material. (This complies with publishing and transferring material through functions in the Service, also including the Service being exposed in a third party’s service or media.)
2. 2) Using the Service to copy, transfer, display, etc. material in a different service of the company, however, not in cases where the member disagrees to.
3. 3) Reporting and broadcasting content through communication agencies or the media for the purpose of advertising the company’s service. However, the company will not provide member information to communication agencies or the media without the members’ consent.
4. 4) Making modifications to the size of the content by conversion, simplification, and optimization when the content is used as mentioned in the above.
3. If the company uses the material for other purposes (such as making profit by providing material and receiving a payment in return) than the regulations mentioned in the above, the company will request consent through email, phone, etc. in advance. In this case, the company will separately compensate the member.
4. The act of publishing a posting by a member to/on the service will be considered to constitute permission for other members to view the posting within the service parameters and to use/circulate that posting within the service. However, the scope of the disclosure or exposure of each posting will be determined by the member’s disclosure or search exposure settings for that posting.
5. If a member terminates the agreement, or if the agreement is terminated, all postings recorded in the member’s account will be deleted. However, all content that is required for other members to use the service, such as member postings that have been reposted by third parties and member comments on other member postings will not be deleted.
6. The company may, by giving prior notice to the user, remove or alter any content without modifying the content.

13. Obligations of the Company

1. For providing a stable service, the Company shall repair any damage and recover any failure to its equipment, without delay, unless there are unavoidable circumstances involved. The Company shall implement and operate a security system with a published and observed “privacy policy” for the protection of member information.
2. Concerning the managing of member information, as part of its “privacy policy”, the Company shall establish and operate technical/administrative measures in accordance with the relevant laws and regulations.
3. When a member’s complaint or report is received concerning its service, the Company must process the complaint or report immediately. If immediate processing is not feasible, the Company shall notify or announce the reason for the delay along with an expected schedule.

14. Obligations of Members

1. Members must comply with any relevant laws and regulations, these Terms, the service operations policy, notices, etc., and must not interrupt the provision or use of the service by the Company, or other members, in any way.
2. Members may not transfer, bestow, lend, or pledge as collateral, their user privilege of the service to any third party without the expressed consent of the Company.
3. Members must handle their mobile device, ID, and password with strict care. Each member will be liable for all consequences of negligence, fraud, theft, loss, etc. The Company will not be held liable in any way.
4. While using the service, the member may not:
1. 1) Post any content that disrupts public order or public morals;
2. 2) Post any content that slanders or defames a third party;
3. 3) Post any content that is insulting, mocking, or Inflammatory to a third party;
4. 4) Post any content that violates a third party’s copyrights, including privacy and publicity rights, or that otherwise violates any applicable law;
5. 5) Post any content that contains falsehoods or misrepresentations that is deemed to constitute a criminal act;
6. 6) Post any content that is pornographic, obscene, and violent,;
7. 7) Post any content that is hateful, give rise to civil liability, violate any law, or is otherwise inappropriate;
8. 8) Post any content that is racially, ethnically, or otherwise objectionable;
9. 9) Collect a third party’s information or use/provide the personal information of a third party without notice;
10. 10) Violate a third party’s confidence or privacy without notice;
11. 11) Distribute advertisement programs for profitable intentions or commit a fraud;
12. 12) Post any content with viruses and malicious codes;
13. 13) Use the service for business activities, including sales, etc.;
14. 14) Use the service for prostitution, illegal loans, etc.;
15. 15) Use false information when using the Service or abusing a third party’s personal information;
16. 16) Interrupt the Company’s operation of the service or interfere with other members using the service;
17. 17) Impersonate the administrators, employees, or stakeholders of the Company;
18. 18) Post any content that is deemed to violate any relevant laws or regulations, the Company’s service operations policy, etc.;
19. 19) Violates good faith belief and social rules that are considered inappropriate;
5. he Company may take necessary action, such as deletion, regarding a posting that was published by any of the above, or suspension of the member in using the Service.

15. Protection and Use of Member Information

1. The Company shall collect the member information of each customer within the narrowest scope necessary for the service, in accordance with relevant laws, regulations, and the Company’s “privacy policy”.
2. If requested by a government agency, law enforcement agency, etc., to view or submit member information, in accordance with any relevant laws and regulations, the Company may provide such information.
3. The Company will not be held liable in any way for member information that is disclosed for reasons attributable to that member or the members’ own intention.
4. The Company shall perform all required tasks concerning the managing and management of member information and service operations. However, when necessary, the Company may delegate such tasks, in part or in whole, to designated companies, in which case the details shall be announced in the “privacy policy”.

16. Using paid content

1. When a member uses paid content, the company will specify the conditions necessary, such as the payment amount, use of period, available operating system, refunds, etc. However, if the company provides paid content by entering a service a third party provides, the company may specify the conditions abiding by the third party’s operating system.
2. A member may only use the content in their account, and cannot transfer, make bargains, remove, etc. it to a third party, even including a second account.

17. Service provided by a third party

1. Unless it is a serious matter, the company is not responsible for disputes that arise by using the service(ex. App markets such as Google Play, App store, T store, etc.) that a third party provides.
2. The company has no responsibility concerning payment cancellations, refunds, payment errors, etc. that occurs while using the service a third party provides. The member must settle the problem with the third party, abiding by their procedures and policies.

18. Termination of Agreement and Restriction of Use

1. If a member wishes to terminate their user agreement, they may apply for termination using the Opt Out feature under the Service Settings menu.
2. If a member breaches these Terms, the Company may restrict use of the service through a warning, temporary suspension, permanent suspension, or terminate the service agreement.
3. Concerning a suspension of service, or any other restrictions to using the service, pursuant to Paragraph 2, the member may raise an objection in accordance with a procedure specified by the Company. If the Company determines that the member’s objection is reasonable, the Company shall immediately resume providing the service to that member.

19. Damages

1. If the member suffers damages by using the service, and only if such damage is caused intentionally or negligently by the Company, the Company will be liable for those damages.
2. If the Company suffers damages, or if a third party files a claim or raises an objection against the Company, due to an illegal action or breach of these Terms by a member while using the service, then that member must take full responsibility and the Company will be absolved from all liability, at the member's expense. If the member fails to absolve the Company from all liability, then that member must compensate the Company for all consequential damages suffered by the Company.

20. Disclaimers

1. The Company will be absolved from the responsibility of providing the service when it is unable to provide the service due to an act of God or an irresistible force of equal nature.
2. The Company will not be held liable for service usage failures for reasons attributable to a member.
3. The Company will not be involved in disputes raised within the service between one member and another member, or between a member and a third party, and will not be liable to compensate any damages suffered by the member or a third party.
4. The Company will not be held liable for information, material, credibility of truth, accuracy of the member’s postings concerning the Service.
5. The company will not be held liable for the services that are provided for free if there is no particular regulation with the relevant law.

21. Jurisdiction and Governing Laws

1. Litigation between the company and the member will be solved by the governing law of Republic of Korea.
2. If a member initiates litigation against the Company concerning their use of the service, the court in accordance with the Civil Procedures Act of the Republic of Korea shall be the court of competent jurisdiction.

22. Customer Service Center

Please contact us if you have any problems related to using the Service.
help@cymera.com

Supplementary Provision

(Date of Enforcement) These Terms of Service shall enter into effect on September 23, 2016.