PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
Article 1 (Purpose)
The purpose of these Terms of Service is to provide the rights and obligations between the user and Whitestone Ltd.(“Company”) when the user uses the services of Whitestone Dome provided by the Company (“Service”).
Article 2 (Enforcement and Amendment)
① These Terms of Service become effective when they are posted on the service webpage (https://www.whitestonedome.com), the screen of the service, or announced to the user in other methods and the user who consents thereto subscribes to the service.
② The Company may modify additional Terms of Service applicable to these Terms of Service or the service for purposes of reflecting changes in laws, services, etc. It is the user’s responsibility to regularly check for any updates in these Terms of Service. Any changes made to these Terms of Service will be notified to the user in the methods described in Section 1, from fifteen (15) days prior to the effective date to one (1) day prior to the effective date. For changes that may impose disadvantages to the user, the Company shall notify the user of such changes from thirty (30) days prior to the effective date to a substantial amount of time past the effective date via email or other methods in addition to the announcement. If the Company is not provided with the contact information by the user or the provided information is outdated or otherwise incorrect, the Company shall substitute individual notification with a public announcement on the webpage
③ The Company shall notify the user of such changes and the fact that users who do not explicitly disagree with the changes shall be considered as in agreement. Users who do not explicitly disagree with the changes prior to the effective date shall be considered as agreed to the changes.
④ Users who do not agree with the changes made in the terms and services may stop using the service and terminate the agreement.
⑤ Where there is a conflict between these Terms of Service and subsequently modified Terms of Service, the latter shall apply.
⑥ The Company is not responsible for any damage caused as a result of the user not being aware of the changes made to the Terms of Service despite measures taken by the Company.
Article 3 (Definitions of Terms)
The definitions of terms used in these Terms of Service shall be as follows.
① “User(s)” shall refer to the customers who create their accounts and use the services by accessing the website, consenting to these Terms of Service, providing the Company with a username and email address, and creating a password.
② “Administrator” shall refer to the persons selected by the Company for general and daily management of the service.
③ “Website” shall refer to the Internet site (https://www.whitestonedome.com) in which the service is provided.
④ “Email Verification” shall refer to a process in which a verification link is sent to the user and the user clicks the link to verify the email.
⑤ “Client” shall refer to a program that is installed to the user’s device to access the service.
⑥“Content” shall refer to the address books and other files and folders that are distributed in the course of using the service.”
⑦ “Storage Server” shall refer to the virtual storage in which such content is stored.
Article 4 (License Agreement)
① The license agreement shall be effective when a person intending to become a user (“Applicant”) consents to these Terms of Service, applies for a membership, and the Company accepts the Applicant.
② The Company may request the user to provide email address verification or another procedure to identify himself or herself. In this case, the Applicant shall perform such actions to complete the registration process.
③ In principle, the Company approves the Applicant to use the service. However, the Company may reject the Applicant or terminate the license agreement when.
1. The Applicant uses someone else’s email address or bypasses the email verification process
2. The Company terminates the license agreement with the Applicant within two (2) months from the application date
3. It is impossible for the Company to provide service to the Applicant due to technical difficulties
4. The Applicant did not provide the required information or the provided information is incorrect
5. The Applicant did not complete the required verification process
6. The Applicant is younger than 14 years old and his or her legal guardian did not consent to the Company’s privacy policies
7. The Company suspended the membership of the Applicant and the Applicant terminates the license agreement and applies for membership anew
8. The Applicant intends to disrupt public safety or morality by means of the service
9. The Applicant is otherwise disqualified, employed unfair or unlawful methods in the process of the application, or is responsible for actions of which the Company disapproves
④ In the event that the Company has withdrawn or rejected a membership application under Section 3, the Company shall post on a relevant service screen or send the Applicant email, etc. to notify the grounds for pending, possible time for approval, or information required to complete the process.
⑤ By agreeing to the Terms of Service of this service, the user is considered in agreement with all other services that the Company provides or will provide.
Article 5 (Personal Information)
① Users may view and modify their personal information at any time through the Personal Information Management screen. However, certain items on the Personal Information Management screen may not be modified for the purpose of service management.
② The user shall update his or her personal information whenever it is necessary or notify the Company of any changes to the provided information via email or any other method acceptable to Company.
③ The Company is not responsible for any loss caused by the user not notifying the Company of such changes under Section 2.
Article 7 (User’s Duty to Manage Personal Information)
① It is the user’s responsibility to manage his/her personal email address and password and protect them from third parties.
② The Company shall not be responsible for any loss or damage caused by the user providing the Company with incorrect information or not safeguarding his/her account information.
③ The user shall immediately change the password and notify the Company of a possible security breach when identity theft has occurred or is suspected.
④ The Company shall not be responsible for any loss or damage caused by the user engaging in identity theft or being subject to identity theft due to his/her negligence.
Article 8 (Notifications)
① The Company shall notify the user of any necessary information via the provided email or other contact information.
② For public announcements, the Company shall use the service bulletin board.
Subscription and Membership ManagementUse of Service Article 9 (Service Content)
The services provided by the Company shall be as follows.
① As soon as the user agrees to the use of the service, the client scans the content information in the device and stores the metadata in the storage. The user may transfer such content to a different device, store it to the storage server, or transfer it from the storage server to a device.
② The content can be transferred to the storage on a 3G network, an LTE network, Wi-Fi network, or other network.
③ The Company will provide a certain amount of free storage space to members, but the size is subject to change depending on the circumstances, including business conditions, member status, changes in the company’s B2B contracts, etc. If the amount of the content stored in the free storage exceeds the available capacity, due to changed storage size, the Company may restrict some of the functions associated with service use. If the storage kept exceeding, the Company will reduce all the contents including the one in the free storage space after 30 days. In such a case, the Company shall notify users of such a fact via the methods set forth in Article 8.
④ The service provides the user with functions to share the content with third parties or make them accessible to the public. Others may download, copy, edit, or share the content the user shares or allows the public to access. It is entirely the user’s responsibility to determine which content to share or allow the public access to. User shall be liable for any loss caused by content made public by user.
⑤ If a member has not accessed the service for a period of one year, the Company reserves the right to delete the contents of the member’s storage.
⑥ To Qualify for membership, user have to finilize the email confirmation in a week. If the user does not verified confirmation email within 6 month, member information and contents in storage will deleted.
Article 10 (Provision of Service)
① The service shall begin when the Company accepts the Applicant and end when the license is terminated or expired.
② In principle, the service shall be provided 24 hours a day, 7 days a week.
③ The Company may divide the service into certain categories and separately designate available hours for each category. In such a case, the Company shall notify the user of such information beforehand.
Article 11 (Change and Suspension of Service)
① The Company may change the service in part or whole for a reasonable business or technical reason.
② The Company shall notify users with any changes made to the functionality, operability, or availability of the service prior to the effective date of such change through the main screen of the service.
③ In each of the following cases, the Company may restrict or suspend the service in part or whole when.
1. The service becomes unavailable due to maintenance
2. The user interferes with the business activities of the Company
3. A blackout, system error, traffic overload, or other unexpected factor prohibits the Company from normally providing service
4. It is impossible for the Company to provide service due to operational reasons such as a service provider terminating the service contract with the Company
5. It is impossible for the Company to provide service due to force majeure such as a natural disaster or national emergency
④ If the service is disrupted by force majeure, the Company shall notify users of such a fact via the methods set forth in Article 8. The Company may notify its users of service disruption after the fact, provided that such disruption happened by unexpected reasons such as an unintentional disk or system failure.
⑤ The Company may modify, suspend, or change the free services it provides in part or whole according to the Company’s policies or operations, as to which the Company shall not give an independent compensation to its users unless required under applicable laws.
Article 12 (Service Fees)
① The Company may charge fees for providing a certain service or functionality.
② The types and fees of the Company’s paid services are displayed on the corresponding Service page. The Company may add, modify, or withdraw existing or new services or events within a certain notification period.
Article 13 (Service Fee Payment)
① The Company charges users to pay as indicated on the purchase screen.
② The Company may charge the fee in a way that is specified by its members through a separate agreement.
Article 14 (Initiating and Canceling Paid Services)
① The Company begins providing the agreed Services to its members immediately after it confirms the payment.
② Members who no longer want paid Services may cancel their auto-payment in a way determined by the Company. The auto-payment cancels charging from the moment it is stopped.
③ The Company shall not refund any fee that was already charged and paid before its members canceled the auto-payment. Members may use their paid Services until the duration of the Service expires.
④ The Company stops providing paid Services upon expiration after its members have canceled auto-payment, or members have not paid for other reasons. In such a case, and in accordance with Article 9.3, the Company may restrict its Services or delete its members’ content.
Article 15 (Refund)
① The payment(s) for premium service is made in advance. User may request a refund for the payments made within 7 days from the date of the initial purchase. Refunds, if issued, will be issued within 3 business days from the date the request from the user is received.
② However, the Company may refund some of the paid amount if the Company cannot provide the Service due to an unavoidable reason.
Article 16 (Provision of Information and Posting of Advertisements)
① The Company may post a variety of information on the screen of the service, or provide it to its users via email or through other methods.
② The Company may post various advertisements related to the services of the Company and affiliated companies on the screen of the service, or provide them to its users via email or through other methods after obtaining consent from its users.
③ Users, both with and without membership, shall not take any measure to change, modify, or restrict the postings or other information related to the service provided by the Company.
④ Communicating or making transactions with an advertiser by interacting with the advertisement posted in the service or through the service when there is a promotion activity, is entirely a matter between the user and the advertiser. In the event that there is a dispute or a problem between a user and an advertiser, it shall be resolved directly by the user and the advertiser, and the Company shall not take any responsibility or liability in this respect.
Article 17 (Saving of Materials)
① With respect to the information or materials provided by the users, the Company may determine due dates and quantities of certain postings or uses as set forth in the Company’s notifications or the service use instructions.
② Documents and files downloaded and synchronized or created through the use of the service are subject to the discretion and risk of the user, and the user is entirely responsible for the damage to the equipment or data loss caused by such use.
Article 18 (Collection and Use of Data and Other Materials)
① The Company may collect and use the data of its users’ devices as part of the service for product support provided to the users with respect to the client.
② The Company shall use the materials in Section 1 only for the purposes of improving the client performance, service, or providing services or technologies suitable to the use environment of the users, and shall not use them for any other purposes.
③ The Company may install additional components to ensure normal use of the client, and with respect to the additional components, the provisions of these Terms of Service for the client shall equally apply.
Article 19 (Intellectual Property Rights of Postings and Others)
① The Company shall own the copyrights and other intellectual property rights of the copyrighted works of the Company.
② The copyrights of the content provided by users are owned by the users.
③ Users shall not duplicate, publish, distribute, or broadcast the information obtained by using the service for commercial purposes or allow a third party to access it.
④ If a user withdraws from the service, the company shall promptly delete all content related to the withdrawn user, and access to all shared, published, and public files created before withdrawal is destroyed correspondingly.
Article 20 (Duties of the Company)
① The Company shall grant users the right to install and use the client free of charge.
② In order to provide the service in a continuous and secure manner, when there is a fault or damage in the equipment or the client, the Company shall without delay restore or repair it unless there is a reason not to do so.
③ In the event that the client is updated, the Company shall provide its users with installation files for updating the client. According to the conditions of updates, some of the existing functions of the client may be discontinued, or new functions may be added.
④ The Company shall not provide or share its users’ personal information with third parties except in cases where the user has consented thereto or there are provisions to do so under the law.
⑤ The Company may create and use statistical data of the unidentifiable personal data of its users and send it to the cookie of its users’ devices for business purposes without prior consent from its users. In this case, users may change the browser settings from the device so as not to receive cookies or give warnings to the user of incoming cookies, and the users shall be responsible for changes of the use of the service resulting from a change in their cookie settings.
⑥ The Company shall periodically notify its users of the details of use of personal information it has collected from the users. Provided, however, that where the Company does not collect personal information that can be notified to its users, such as contact information or where personal information has been provided to relevant institutions under relevant laws, including the Communication Secret Protection Act, the personal information shall be excluded from the subject of notifications. The Company shall abide by relevant laws, including the Act relating to Information Networks Use Promotion and Information Protection, etc., with respect to the types of detailed information for notification, the frequency and methods of notifications, and any other matter necessary for notifications of uses.
⑦ In the event that the Company receives a complaint from its user regarding the service, it shall promptly respond to such a complaint. If it is difficult to do so, it shall post the reason and the schedule for a response on the screen of the service or notify the user thereof via email or in other ways.
⑧ In the event that damage has occurred to a user due to the service provided by the Company, the Company shall be liable only in cases where such damage has occurred due to the willful misconduct or gross negligence of the Company, and the scope of liability shall be limited to direct damages only.
⑨ The Company shall comply with laws related to the operation and maintenance of the service, including the Information Communications Network Act, the Communication Secret Protection Act, and the Telecommunications Business Act.
Article 21 (Duties of Users)
① Users shall not engage in any of the following activities while using the service.
1. To enter false information at the time of registration or inappropriately or wrongfully use other members’ email address or password
2. To duplicate, distribute, or commercially use any information that users have obtained in using the service of the Company without prior approval by the Company
3. To defame or damage the honor of another person or the Company
4. To post pornography or a link to such materials on the service
5. To infringe the copyrights and other intellectual property rights of the Company and other third parties
6. To distribute information, iconic figures, shapes, sounds, or other materials that undermine pubic order or morality
7. To intentionally disrupt the service or transmit any information that may disrupt the service or transmit any advertising information against the recipient’s explicit disapproval
8. To collect, store, or disclose personal information of other users
9. To distribute false information for the purposes of seeking personal gains or damage/profit
10. To engage in gambling or fraudulent activities
11. To solicit prostitution or distribute any information with the means of obscene activities
12. To disrupt another person’s daily life by continuously sending words, sounds, texts, images, or videos that bring shame, aversion, or fear
13. To change the information posted on the service
14. To transmit or post any information of which the transmission or posting thereof is prohibited under relevant laws (including software, applications, PC agents)
15. To upload postings or send mail by impersonating as an employee or administrator of the Company, misappropriating a third party’s name, or expressing false information on the relationship with a third party
16. To post, store, or send via email any material that contains software viruses, malicious code, files, programs designed to cause malfunctions of software, hardware, and telecommunication equipment, or the destruction or confusion of information, etc
17. To upload, store, or send via email any material that causes excessive traffic
18. To engage in any other illegal or unfair activities
② Users shall comply with relevant laws, the provisions of these Terms of Service, the use of information, instructions publicly announced in the service, and any other matter notified by the Company, and shall not engage in any activity that is disruptive to the duties of the Company. Where a member has violated the aforementioned obligations, the Company may restrict or discontinue the use of the service under Article 18 of these Terms of Service.
③ Users shall not engage in commercial activities to sell goods by using the service, except where the Company officially finds it acceptable. In particular, users shall not engage in commercial activities by hacking, advertising, running obscene sites, or transmitting copyrighted or commercial software without its owner’s consent. The Company shall not take any responsibility for the consequences and loss of business opportunities resulting from violation of the aforementioned items or the legal measures of imprisonment by relevant authorities. In the event that the Company has suffered damages with respect to such activities, the user shall be liable to the Company and shall have the obligation to compensate and indemnify the Company for the damages.
④ When a user has engaged in any activity specified in Section 1 of this Article or otherwise in violation of this agreement, the Company may take measures, such as withdrawing some or all of the additional benefits provided, restricting use of specific services, terminating the license agreement, claiming for damages.
⑤ When the Company takes measures specified in Section 4 of this Article, it shall give its users a prior notice thereof by wire or email, and the Company may take measures first and then give a notice after the fact if it is unavoidable to do so, such as when communications with its users have been disconnected or urgency is required in accordance with applicable law.
⑥ When a user has grounds for an appeal against the measures taken by the Company under Section 4 of this Article, the user may appeal in this respect in accordance with the Company’s appeal process.
⑦ Even if the Company terminates the license agreement with a user under Section 4 of this Article, these Terms of Service shall continue to apply with respect to the completion of the sales agreements previously entered into before the termination.
⑧ When a user agreement has been completed as set forth in Section 4 of this Article, the Company may cancel transactions related with the user without giving a separate notice thereof, and where a purchasing user has made payments for goods with a credit card, the Company may cancel the credit card sales.
⑨ When the license agreement has been terminated as set forth in Section 4 of this Article, the Company may refuse to accept the user’s application for re-use.
⑩ When users register their information to use the service, they shall provide complete and accurate information that corresponds to the current facts (Registered Information).
⑪ In the event that there is a change in the Registered Information, the user shall immediately update the Registered Information. In the event that the Registered Information or the updated Registered Information provided by a user is incorrect and, as a result, the Company does not provide smooth service to the user or the user is subject to disadvantages, the Company shall not be held responsible therefor.
Article 22 (Termination of Agreement and Restrictions on Use)
① As for termination of a license agreement, there shall be a termination by a user’s notice of termination or a termination on the Company’s own initiative.
② When a user intends to terminate the service license agreement, he or she may at any time delete his or her account and withdraw the membership on the member information management according to the procedures specified by the Company.
③ In the event that a user fails to perform his/her duties set forth in Article 21, the Company may immediately terminate the license agreement or suspend the use of the service without giving the user prior notice.
④ With respect to the measures taken by the Company under Section 3, 4, and 5 of this Article, users may file appeals according to the procedures set forth by the Company. When the Company finds that a user’s appeal is reasonable, it shall immediately recommence the use of the service.
⑤ If the service has been terminated, the data shall also be deleted simultaneously. Therefore, the individual shall be responsible for any loss of personal information and content incurred after the service has been terminated.
Article 23 (Nontransferability)
① Users shall not assign or grant to third parties the rights to use the service and any other status under the license agreement, and the user who has placed the postings shall have all the rights to, and responsibilities for the postings including the copyrights of the postings.
Addendum : These Terms of Service shall become effective on August 01, 2017.