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Hi,
We inform you that PIXUP Terms of Service will be revised like below.
If you do not agree to the revised terms, you can always request for account termination through mail request : hello@thepixup.com
If you do not raise or file issue during the notice period, you are agreeing to the revised terms, which will be applied from the effective date.
| ■ Notice date : | August 30, 2019 |
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| ■ Effective date : | September 14, 2019 |
| ■ Major changes : | Effect and Change of Terms of Service - added notification period / Ownership - added contents protection / Rights and Obligations of Contributors - added A. vi. / Copyright infringement report and objection, and exemption of the Company - revised article 8 / Governing Law and Dispute Resolution - revised |
We look forward to providing a much better service and experience to you. Thank you.
PIXUP
| Previous Version | Updated Version |
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| Terms of Service | Terms of Service |
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| PIXUP is a platform to support and encourage content creators' fun and creative activities. Through Portfolio Gallery service which displays and promotes creators' contents and Free Market service wherein creators donate their own contents for free usage, PIXUP connects worldwide content creators and users. Please read these Terms of Service carefully before using services. | |
| The purpose of these Terms of Service is to prescribe the rights, obligations, responsibilities and other matters required between BBTree Co., Ltd. (“the Company”) and Users of PIXUP (www.thepixup.com) services (“You” or “Users”) in using PIXUP (www.thepixup.com) services (“the Services”) operated and managed by the Company. | |
| By signing up for the Services, you agree to these Terms of Service and these Terms of Service become immediately effective. |
| Article 1 (Definitions) | Article 1 (Definitions) |
|---|---|
| A. The term “User” means a person who has read, understood and agreed to these Terms of Service, license policy and other guidelines for use, as well as registered as a member by providing all personal information necessary for the Services. | |
| B. The term "Contributor" means any person who has registered content with copyright or any other equivalent right with the Services. | |
| C. The term “content” means all digitized content including photographs, illustrations, icons, templates, fonts, etc. registered by Contributors with the Services. | |
| D. The term “shared content” means any content that Contributors allow all Users to use content freely without any limitation in accordance with Article 6 (D) herein. | |
| E. The term “editorial content” means content that is not available for commercial use due to the lack of release submission and is authorized to be used for publishing, reporting and personal uses only. | |
| F. The term “license policy” means a regulation that must be followed in the use of shared content. License policy can be found on the Service License Policy page at http://www.thepixup.com/support/license. | |
| G. The term “release" means a document that certifies that content registered in "Contributors" and "Services" can be used if the content contains identifiable portraits, properties, etc. |
| Article 2 (Effect and Change of Terms of Service) | Article 2 (Effect and Change of Terms of Service) |
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| A. These Terms of Service shall be effective upon online notice through the Services and may be amended to the extent that such amendment arising from reasonable causes is not against the relevant laws. | |
| B. The Company may modify or amend these Terms of Service without prior consultation with the user. If the Terms are amended, an announcement specifying the date of application and reason for amendment will be made on the initial screen of the Services or via pop-up screen for 14 days from the date of application. If the User continues to use the Services after 14 days from the effective date of these Terms of Service without expressing his/her intention to refuse, he/she will be deemed to have agreed to the amended Terms of Service. | B. When the Company amends these terms of service, the application date and the reason of amendment shall be specified and announced at the initial screen of the Services or pop-up screen along with the current agreement for a period from 14 days prior to the application date to 1 day prior to the application date. However, when the contents of agreement are changed not in favor of user, it shall be announced at least with more than 30 days of prior grace period. In this case, the Company shall compare its contents before and after the amendment for user to understand clearly. |
| Article 3 (Ownership) | Article 3 (Ownership) |
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| A. All Services are the property of the Company. Unauthorized use of any portion of the Services without the prior consent of the Company is strictly prohibited. | |
| B. All content provided through the Services is owned by the Company or Contributors belonging to or affiliated with the Company and protected by international copyright laws and international agreements. | B. The ownership of all contents being provided to User through the Services shall be attributed to the Company or Contributor, who is belonged or affiliated to the Company, and is protected by international treaty or convention regarding the copyright being joined by Korea. |
| Article 4 (Rights and Obligations of the Company) | Article 4 (Rights and Obligations of the Company) |
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| A. The Company reserves the right to make changes to all aspects of the Services, including forms or methods of the Services without prior notice. | A. The Company shall be entitled to change the form or method, etc. of the Services without any prior announcement, if it is inevitable. However, when the change of the Services requires the amendment of these terms of Service, the Services may be changed only after the prior announcement in paragraph B, Article 2 hereunder is performed. |
| B. The Company reserves the right to exercise the rights granted by Contributors for all content registered with the Services through all platforms and media, currently known or to be devised in the future, including all marketing media such as the Services and promotional channels. | |
| C. The Company reserves the right to discontinue all Services provided by the Company without prior notice in respect to Users who violate these Terms of Service, license policy or other guidelines for use, and Users cannot claim any rights in respect to their use of the Services. | |
| D. The Company strives to prevent facility failure or loss to provide continuous and stable Services and will immediately repair or restore the Services if such facility failure or loss occurs. | |
| E. The Company makes compensation or remedies for just and objective opinions or complaints raised by Users through proper procedures. However, if it is difficult to make immediate compensation or remedies, the Company will notify the affected User of the reason and the scheduled date of handling so that the User does not experience inconvenience. |
| Article 5 (Rights and Obligations of Users) | Article 5 (Rights and Obligations of Users) |
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| A. The User is a person who agrees to these Terms of Service, license policy and other guidelines for use and must warrant that information he/she has provided to the Company is true and accurate. | |
| B. The User must comply with the Privacy Policy, including these Terms of Service, and the license policy and other guidelines for use, in using the Services, and the User is solely responsible for any and all problems arising out of breach thereof. | |
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C. The User shall not engage in any of the following acts, and if such act is found, the Company may impose sanctions on the User, including civil and criminal legal action:
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| Article 6 (Rights and Obligations of Contributors) | Article 6 (Rights and Obligations of Contributors) |
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A. Contributors are solely responsible for the content registered with the Services and the Company prohibits the registration of content which directly or indirectly contains the following:
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A. Contributors are solely responsible for the content registered with the Services and the Company prohibits the registration of content which directly or indirectly contains the following:
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| B. Contributors shall warrant that they reserve copyrights or equivalent rights to all content registered with the Services and that the content does not infringe copyrights and other intellectual property rights or agreements of others. | |
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C. Contributors may share part or all of the content registered with the Services with the Users of the Services. In such cases, any content shared will be deemed to be licensed by Contributors to the Users under the license policy; C. provided that Contributors must comply with the following when sharing content:
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D. Contributors agree to grant the Company non-exclusive, unrestricted rights that fall under any of the following subparagraphs with respect to all content registered with the Services:
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| Article 7 (Payment of Grant for Contributors) | Article 7 (Payment of Grant for Contributors) |
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A. The Company operates a variety of online advertising systems for continuous operation and development of the Services. Profits generated from the operation of the advertising systems are allocated and paid as grant to Contributors who take the lead in forming content donation culture by providing shared content in accordance with the Allocation and Payment of Advertising Profits Policy below.
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가. “회사”는 “서비스” 지속적인 운영과 발전을 위하여 다양한 온라인 광고 시스템을 운영합니다. 해당 광고 시스템 운영을 통해 발생한 수익은 “공유 콘텐츠”를 제공하여 “콘텐츠” 기부 문화에 앞장선 “작가”들의 활발한 “콘텐츠” 창작활동과 지속적인 기부 활동을 지원하기 위한 것으로 아래 “광고 수익 배분 및 지급 규정”에 따라 "작가" 활동 지원금을 지급합니다.
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| Article 8 (Indemnity) | Article 8 (Copyright infringement report and objection, and exemption of the Company) |
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A. Users and Contributors agree to indemnify and hold the Company harmless from any losses, damages, and expenses arising from any direct or indirect issues falling under any of the following subparagraphs:
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A. A 3rd party (hereinafter referred to as right claimer), who claims that his / her rights in the Copyright Act has been infringed due to the contents being provided by the Services, may request the suspension of positing of relevant contents to the Company. When the aforementioned request is received, the Company may immediately take measures to suspend the posting of contents, and in this case, the fact of the suspension of posting shall be immediately notified to the right claimer. When the request for the suspension of positing is repeatedly received against the same Contributor, the Company may suspend or terminate the use of the Services by account being held by relevant Contributor unilaterally. If the Contributor explains the justifiable rights on the contents and requests the resumption of posting of contents, the Company shall notify the fact of the resumption request and the estimated date of resumption to the right claimer and the posting of contents shall be resumed on the estimated date. However, if the right claimer raises the legal proceedings based on the infringement of own rights in the Copyright Act prior to the estimated date of resumption and notifies it to the Company, the suspension of posting may be continued. the Company thoroughly complies with related regulations in the Copyright Act and Enforcement Decree of Copyright Act of Korea in relation with the aforementioned report of infringement, suspension of posting, objection, and resumption of posting. the Company shall be completely indemnified from any responsibilities in accordance with the infringement of rights, and shall not be responsible for any damages occurred to the Contributor or User therefrom. All infringement reports, objections, explanation of rights, and notification of legal proceedings may be received through “Have issue with this content?” within the Services. |
| B. The Company is not obliged to intervene in a dispute between Users and Contributors, between Users and third parties or between Contributors and third parties, and is not responsible for any direct or indirect damages that may occur therefrom. | B. Except the indemnification in accordance with paragraph A hereof, the User and Contributor shall agree to indemnify the Company to the extent of scope being permitted by the law of Korea from all possible claims that may or has already occurred between the User and the Contributor, User and 3rd party, and Contributor and 3rd party excluding the matter being guaranteed in these terms of service by Company. |
| Article 9 (Compensation for Damages) | Article 9 (Compensation for Damages) |
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| The User or Contributor who is responsible for the occurrence of any problem must be fully responsible for defending and indemnifying the Company and for immediately compensating the Company for any damages and losses (including reasonable attorneys' fees and expenses) sustained by the Company. |
| Article 10 (Notices to Users or Contributors) | Article 10 (Notices to Users or Contributors) |
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| A. The Company may send notices to its Users or Contributors to the e-mail address or contact information they provided to the Company. However, when a notice needs to be sent to an unspecified number of persons, a notice will be posted on the Services for more than one week in lieu of individual notices, which will be considered to have the same effect as individual notices. | |
| B. The Company will be deemed to have fulfilled its duty to notify to all members irrespective of the severity of the notice, by sending a notice to the Users or Contributors in the manners set forth in paragraph (A) of this Article. |
| Article 11 (Provision of Information) | Article 11 (Provision of Information) |
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| A. The Company may provide Users or Contributors with the information of the Services and any other information deemed necessary for the Users or Contributors by such means as e-mail or letter. | |
| B. The Company may conduct a survey or request additional information from Users or Contributors for the improvement of the Services and other purposes. |
| Article 12 (Withdrawal of Membership) | Article 12 (Withdrawal of Membership) |
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| A. If the User or Contributor wants to stop using the Services and withdraw from membership, he or she can apply for membership withdrawal at hello@thepixup.com. However, even after membership withdrawal, the history of Contributor's content shared, history of content released, and history of content downloaded by Users are recorded and kept on the server to protect the responsibilities, rights and obligations of each party. | |
| B. After membership withdrawal, all rights to use the Services and other benefits granted to the User or Contributor cease to exist and cannot be reversed or recovered for whatever reason, and the User or Contributor cannot raise any issues with the Company. |
| Article 13 (Restrictions on the Use of Content) | Article 13 (Restrictions on the Use of Content) |
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| A. All content provided to Users through the Company's Services is not intended to provide Users with the copyright of the content. The Company provides Users only with the non-exclusive right to use the content under these Terms of Service, license policy and other guidelines for use. | |
| B. All content provided to Users through the Company's Services must be used only as a design element for producing derivative works of Users and the use of any derivative works that embeds original content (including distribution of services, software, solutions, etc. embedding original content) is prohibited. If Users want to use content for other purposes, they must obtain a separate permission from the Company. | |
| C. Sharing with or distribution to a third party the content provided to Users through the Company’s Services is prohibited under any circumstances. | |
| D. All content provided to Users through the Company’s Services may not be used under any circumstances for the purpose of registering rights such as copyrights and intellectual property rights. The same also applies to secondary works reproduced from such content. | |
| E. All content provided to Users through the Company’s Services may not be used as emblems, logos, symbols, trademarks, service marks or characters for exhibitions, competitions, the Company, services, products or individuals. The same also applies to secondary works reproduced from such content. | |
| F. All content provided to Users through the Company’s Services may not be used to mislead people, from part or all of the content, as if it is a particular product, nor may it be used as if the portrait (model) content guarantees the effectiveness or quality of a particular product or service. | |
| G. Portrait (model) content among the content provided to Users through the Company’s Services is prohibited from being used to disturb good social morals and customs (adult-related sites and printed materials such as adult arcades, telephone bars, pornography/adult chat sites and adult communities) and to express the appearance and effect before and after the operation (procedure) as if it is true at clinics of urology, plastic surgery, gynecology, etc. In addition, any use of certain products or services in the form of exaggerated advertisement guaranteed by the models, or any photoshopping of the body and face, etc. of models with a third party for reproduction is also prohibited. The same also applies to secondary works reproduced from such content. | |
| H. All content provided to Users through the Company’s Services may not be used for obscene, slanderous, negative, libelous, or any other illegal use. The same also applies to secondary works reproduced from such content. |
| Article 14 (Governing Law and Dispute Resolution) | Article 14 (Governing Law and Dispute Resolution) |
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| A. Any disputes between the Company and the User or Contributor under these Terms of Service are governed by Korean law and not by international treaties or other related laws. | A. All disputes raised between the Company and User or Contributor in accordance with these terms of service shall be interpreted and governed by the law of Korea. However, the international treaty and convention such as Berne Convention, etc. being joined by Korea regarding the copyright may be a guidance for the interpretation of these terms of service to the extent of not being contrary to the law of Korea. |
| B. In the event of any dispute between the Company and the User or Contributor under these Terms of Service, the parties shall attempt, in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within 30 days, then either party may submit such dispute to an international arbitration center of Korea for mediation. However, the arbitration must be conducted in accordance with the arbitration rules of the international arbitration center of Korea where there is one arbitrator, the language used for arbitration is Korean, and the arbitral decision is final and legally binding on both parties. | B. All disputes, which may be possible to occur in accordance with these terms of service, shall be resolved through the friendly negotiation between the Company and the User or Contributor, and if parties in negotiation fails to resolve it within 30 days, it shall be finally resolved through the arbitration at Seoul, Korea in accordance with the law of Korea and domestic arbitration rule of Korean Commercial Arbitration Board. The ruling board of arbitration shall be consisted with 3 people, and each party shall appoint an arbitrator, respectively, and the arbitrator being selected therefrom shall be agreed to select the chairman. The language to be used in arbitration shall be Korean language. The arbitration decision shall have a finalized legal binding effect on both parties. |
| Article 15 (Language) | Article 15 (Language) |
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| The original text of this document is Korean, and has been edited and translated into English for better understanding by Users in other countries. The accuracy of the translation is not guaranteed. If there is a discrepancy between the Korean version and the translated version, the Korean version takes precedence. |
| Article 16 (Principles of Written Agreement and Independence of Contracts) | Article 16 (Principles of Written Agreement and Independence of Contracts) |
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| A. Any further agreements with the User or Contributor that occur outside of these Terms of Service must be in writing and any verbal contract, consultation, agreement, or arrangement is not valid. | |
| B. Even if a particular provision of these Terms of Service is deemed to be invalid, by a judgement, as a result of dispute proceedings between the Company and the User or Contributor, that fact does not affect other provisions. |
| < Addendum > | |
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| These Terms of Service shall enter into force on January 21, 2019. |
■ date of notification : August 30, 2019 ■ date of application : September 14, 2019 ■ view previous version of Terms of Service (January 21, 2019 ~ September 13, 2019) |
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