Article 1 (Purpose)
The purpose of this agreement is to define the rights and obligations between the user (hereinafter referred to as the ‘User’) of Prism Live Studio service (hereinafter referred to as the ‘Application’) and the provider of ‘Application’, NAVER Corporation (hereinafter referred to as the ‘Company’).
Article 2 (Publication and Revision of User Agreement)
- ① The ‘Company’ shall publish this on the initial screen or noticeboard of the service so that the ‘Users’ can easily access the contents of this agreement.
- ② The Company may revise this Agreement within a boundary that does not infringe on related acts such as the “Act on the Regulation of Terms and Conditions” and the “Act on Promotion of Information and Communications Network Utilization (hereinafter referred to as “Information and Communications Network Act”)”.
- ③ In the case that the ‘Company’ revises the agreement, the Company shall abide by Paragraph 1 and the existing agreement and shall specify the effective date and the reason for the revision from thirty (30) days before the effective date to the day before the effective date in case the agreement is revised. If the revision is likely to negatively affect the ‘Users’, the Company shall clearly notify them of it within a given period of time via electronic means such as e-mails, e-messages, or agreement pages.
- ④ In the case that the ‘Company’ announces or notifies Users of the revised agreement in accordance with the preceding paragraph, if the Company clearly announced or notified the Users that they will be deemed to have consented to the amendment if they do not make expression of opposition within thirty (30) days from the date of the announcement or notice, and if the Users still did not show their intent to oppose, the Users will be deemed to have accepted the revised agreement.
- ⑤ The ‘Company’ shall not apply a revision to the agreement if the ‘Users’ do not agree with it, and the ‘User’ may terminate the agreement. However, if there are special reasons for denial, the ‘Company’ may terminate the agreement.
Article 3 (Conclusion of User Agreement)
- ① A person who wants to become a subscribed ‘User’ (hereinafter referred to as ‘Applicant’) shall agree to the contents of the agreement and apply for subscription. This agreement is concluded as soon as the ‘Company’ accepts the application.
② The ‘Company’ shall, in principle, accept the use of the ‘Application’. However, the ‘Company’ may not accept the application or terminate the user agreement at a later date for the following reasons:
- 1. In the case that the applicant has a history of disqualification of subscription in accordance with this agreement. An exception exists when the applicant has obtained approval to rejoin from the Company.
- 2. In the case of application for subscription in the name of another person.
- 3. In the case of provision of false information or failure to present information required by the Company.
- 4. In the case of a child under fourteen (14) years old without legal representative’s (parents’) consent.
- 5. In the case that an approval will not be possible due to the fault of the user, or there has been a breach of this agreement in process of the request
- ③ According to Paragraph 1, the ‘Company’ may request ‘Users’ to verify their real name or identify themselves through specialized organization.
- ④ The Company is entitled to refuse or reserve acceptance of an application in the event that there is no room for service- related facilities or if there are technical or business problems.
- ⑤ If application for subscription is not accepted or reserved in accordance with Paragraphs 2 and 4, the ‘Company’ shall, in principle, thereby inform the applicant.
- ⑥ The establishment time of the user agreement shall be the time when the ‘Company’ has marked completion of subscription on the application procedure.
- ⑦ The ‘Company’ has rights to grade in use by subdividing service menu, number of uses, and hours of use after classifying the ‘Users’ according to class in accordance with company policies.
Article 4 (Notification to Users)
- ① The ‘Company’ may notify its ‘Users’ via e-mail or e-message service within ‘Application’ unless there is a separate regulation in this agreement.
- ② In case of notification to all ‘Users’, the ‘Company’ may substitute for the notification in Paragraph 1 by publishing on the noticeboard of ‘Company’ or ‘Application’ for seven (7) days or more.
Article 5 (Change or Termination on Service)
- ① The ‘Company’ may change the contents of ‘Application’ if needed. However, if the change will have an important effect on the rights and obligations of ‘User’, the Company shall follow Article 2 in order to notify the Users before making the changes.
- ② The ‘Company’ shall terminate the service of ‘Application’ temporarily in cases of maintenance and replacement of information and communication equipment such as computers, failure, loss of communication, or other operational needs.
- ③ The ‘Company’ may carry out a regular checkup if necessary for the provision of services of ‘Application’, and the Company may discontinue the service of ‘Application’ temporarily while carrying out a regular checkup.
- ④ The ‘Company’ may terminate the service of ‘Application’ in accordance with the Company’s administrative reasons.
Article 6 (User Rights and Obligations)
- ① The ‘User’ shall comply with regulations, notices, and related statutes of the ‘Company’ along with regulations under this agreement to use the service of ‘Application’.
② The ‘User’ shall not perform the following acts regarding ‘Application’ (Applicable only when using the PRISM mobile app.):
- 1. Installation or use of ‘Application’ without Company’s permission.
- 2. Connecting to another person’s internet broadcasting account and airing the show via ‘Application’.
- 3. Reverse-engineering the ‘Application’.
- 4. Providing, distributing, or selling the ‘Application’ at a cost or for free to a third party.
- 5. Defamatory or infringement on rights of a third party by using ‘Application’ (including copyright).
- 6. Violating a related statue including the Information and Communications Network Act by using ‘Application’.
- 7. Making a confusion of provider or operator of ‘Application’.
Article 7 (Publication of Ads)
The ‘Company’ may publish ‘Company’ or a third party’s ads in ‘Application’.
Article 8 (Intellectual Property Rights and Warranties)
- ① The copyright of ‘Application’ (source code of program, executable file and UI/UX, inserted image, other works regarding program) belongs to the ‘Company’, and the ‘User’ has the right of using it with permission under this agreement. However, the User shall have no rights regarding ‘Application’.
- ② The ‘User’ is responsible for the results of distributed video, audio, and data (hereinafter referred to as the ‘Video’) via ‘Application’. The ‘User’ has rights for approval and license in order to send out ‘Videos’.
- ③ The ‘User’ may check whether ‘Videos’ sent out via ‘Application’ conform to related laws or regulations, and may also check if the Video violates a specific country’s related laws or regulations, or the rights of others. In particular, when the ‘User’ inserts a ‘Video’ to shows, the User shall always check if the ‘Video’ violates the copyright or the rights of a third party prior to the distribution. However, the ‘User’ may bear the legal responsibilities due to violating related laws and regulations, and the ‘Company’ shall have no legal responsibility for the contents of the ‘Video’ that is distributed via ‘Application’.
Article 9 (The Company’s Limitation on Liability)
- ① The Company shall not guarantee properness, propriety, non-defectiveness, integrity, or completeness of ‘Application’ that is distributed for free and therefore, the Company shall not be responsible for the results stemming from errors and defectiveness.
- ② The ‘Application’ only provides a service whereby ‘Users’ can shoot a ‘Video’ and transmit it via internet broadcasting platform. The exposure of the ‘Video’ on an internet broadcasting platform follows related laws and policies of each internet broadcasting platform. In particular, the ‘Application’ is irrelevant to creation of an account on an internet broadcasting platform, and the Application shall not guarantee the transmission of Video to the public via internet broadcasting platform.
- ③ If the ‘User’ has an account on any internet broadcasting platforms (hereinafter referred to as the ‘Company’s Live Service’) such as V service, NAVER TV Live service, and WAV service, the ‘Company’ may transmit ‘Videos’ that are recorded via ‘Application’ to ‘Company’s Live Service’. However, the Company may terminate the transmission permanently or temporarily to ‘Company’s Live Service’ due to circumstances such as problem occurrence in ‘Company’s Live Service’ due to ‘Application’ or changes in Company policy, and the Company shall not be responsible for any damages.
Article 10 (Termination and Restriction of Agreement, Compensation for Damages)
- ① The User may always cease the use of ‘Application’ and delete the Application.
- ② The Company may restrict the use of ‘Application’ or terminate the agreement if the User violates related laws or fails to comply with this Agreement.
- ③ The Company may send claims for damages to a User if the User violates related laws or agreement and causes damages to others.
Article 11 (Restriction on Use)
① The Company may terminate the service permanently or temporarily for the following reasons:
- 1. In the case that the ‘User’ transmitted the ‘Video’ that violated related laws or regulations or violates the rights of others via ‘Application’.
- 2. In the case that the ‘User’ violated Company’s operating policy.
- ③ The ‘Company’ may restrict the service permanently if ‘User’ violates the particulars of Paragraph 1 habitually or the breach constitutes a crime.
Article 12 (Jurisdiction and Governing Law)
- ① The agreement shall follow the Republic of Korea Law, and any kind of lawsuit regarding this agreement will be subject to the jurisdiction of a competent court by following the Civil Proceedings Act.
- ② In the case of a user who has an address or residence in a foreign country, notwithstanding the preceding paragraph, any lawsuit related to the service between the Company and the user will have the Seoul Central District Court of Korea as the competent court.
Established on May 13, 2021