ViewChat Term of service
Chapter 1. Generals1. Objective
The purpose of this Terms of Service is to specify basic conditions, liabilities and procedures for the use of the application service 'ViewChat' service (hereinafter "Service") provided by the 'BC innovation (hereinafter "Company")’.
2. Definition
2.1. The following terms used in these Terms of Service shall have the meaning set forth below.
2.1.1. “Service” is services provided by the ViewChat application(hereinafter “App”) which is owned, operated and established by the Company including video chatting, point payment and etc.
2.1.2. “Member” refers to a person who has applied for a service subscription in accordance with these Terms and Conditions and signed the service agreement with the Company after obtaining the Company’s approval.
2.1.3. “Application” or “App” means any program downloaded or installed through a mobile device to use the Services provided by the Company.
2.1.4. “User Contents” or “Contents” mean any texts, documents, pictures, voices, videos or any information established by the combination of these components posted or provided by the User during the usage of the Service.
2.2. The terms used in these Terms of Service, except as provided in the foregoing paragraph, shall have the meaning set in applicable laws and regulations.
3. Posting and Effectuation of the Terms of Service
The Company shall notify the Member of the contents of these Terms of Service on the service screen or the corresponding webpage provided by the Company. The Terms of Service take effect when the Member agrees to the Terms of Service by formation and application of the Service Agreement.
4. Change of the Terms of Service
4.1. The Company may change the Terms of Service if deemed necessary, and if the Company changes the terms and conditions, the change will be notified seven 7 days prior to the effective date in the manner as regulated in Article 3. However, if the change of terms and conditions are unfavorable to the Members or if the change is material, the changes will be notified at least thirty 30 days prior to the effective date of its application, or the change will be effective from thirty 30 days after the notification.
4.2. The Company may separately announce that the Members shall be deemed to have agreed to the change of terms of Service unless they express refusal to the change of the terms of Service when announcing the change of the terms of Service pursuant to the foregoing paragraph. If the Member does not indicate that he or she has agreed to the change of the terms, he or she shall be deemed to have agreed to the change of the Terms of Services.
4.3. If a Member expresses a refusal to the change of terms of Service, he or she may stop using the Service and the Company shall not apply the changed terms of Service to the Member. In the event of the Member’s disagreement with the change of terms of Service, the Company may restrict the Member’s use of the Service or terminate the service agreement.
5. Interpretation of the Terms of Service and Regulations Besides the Terms of Service
5.1. Matters not specified or mentioned in this Terms of Service can be interpreted in accordance with stipulations in the Framework Act on Telecommunications, the Telecommunications Business Act and other related statutes, they can be applied according to the regulations or commercial practice.
5.2. The Company may set separate operating policies for separate services and applications. If the Company changes any contents of the above operating policies for same effect of changes of this Terms of Service, the Company may post the above changes.
5.3. Should there be any significant modifications to the rights or duties of the member, or should there be changes to the terms that carry similar effect as altering the agreement, the procedures set forth in Section 4, Article 1 shall be adhered to
5.4. Pertaining to the provision of individual services, the specific terms of use and operational policies for those services shall take precedence over this Terms of Service. This Terms of Serivce will apply to individual services only to the extent that it does not conflict with their specific terms of use and operational policies.
5.5. In situations where there are separate terms of use and operational policies for individual services, or matters not stipulated in this Agreement, or disputes arising from the interpretation of this Agreement, the laws and relevant regulations of the Republic of Korea will apply. In the absence of such laws or regulations, customary practices shall be followed
6. Notification to Members and Advertisement Postings
6.1. The Company may, from time to time, provide notifications to the member in accordance with this Agreement by posting on the Company's website, using the email address or phone number provided by the member, or any other method the Company deems reasonably appropriate.
6.2. The effectiveness of any notification under the preceding subsection will be determined either from the moment of its online display by the Company or the moment when the member receives the notification, whichever occurs first.
6.3. The Company reserves the right to post advertisements related to the operation of the service on the app, service interface, or website, and may also provide such advertisements to members who have consented to receive them via methods like electronic mail.
6.4. Members may be redirected to third-party advertisements or services through banners, links, or other means provided within the services offered by the Company.
6.5. The Company shall not be held liable for any losses or damages arising from member participation, correspondence, or transactions in promotional activities with advertisers displayed on the service or accessed through the service."
Chapter 2. Service Agreement
7. Formation and Application of Service Agreement
7.1. Service Agreement between the Company and the Member is formed when the applicant for membership apply for Member membership (creating account) by including installing, executing ViewChat App and filling in Member information according to the form provided by the Company and by agreeing to the collection and use of personal information and the Company approves the Member’s application after completing the identity confirming authentication process.
7.2. The person applied for the Service Agreement in accordance with the foregoing clause for membership (hereinafter “Applicant”) is deemed to have agreed to the terms of Service and the collection and use of personal information if the applicant for membership applies for the application.
7.3. The Company may approve the applicant’s membership application. However, the Company may not accept the membership application in the following cases and may deny the approval when the following cases are confirmed.
7.3.1. If applying for use in violation of these Terms and Conditions.
7.3.2. If deemed the Member who, under these Terms and Conditions, has restricted re-registration.
7.3.3. If technical issues render the provision of the service impossible.
7.3.4. If the applicant provides non-authentic details or uses someone else's identity in the registration form.
7.3.5. If the applicant omits or errs in providing mandatory information on the registration form.
7.3.6. If the applicant is under the age of 17, or if under 17 and without the consent of a legal guardian.
7.3.7. If using the game service or similar from a country or region where the company does not provide services, or if accessing the game service in an abnormal or circumvented manner.
7.3.8. If intending to engage in actions prohibited by laws such as the "Act on Promotion of Information and Communications Network Utilization and Information Protection."
7.3.9. If exceeding the limit of allowable accounts for each service provided by the company.
7.3.10. If intending to use the service for fraudulent purposes or for separate commercial operations.
7.3.11. If applying with the intent to violate relevant laws or disrupt social order and morals.
7.3.12. In cases of hacking or various accidents.
7.3.13. In any other case deemed inappropriate for approval, similar to the aforementioned reasons.
7.4. The Service Agreement takes in effect when the Company approves the Member’s application.
7.5. Only users aged 17 or older can sign up for this service.
7.6. The Company may request the applicant for membership verification of real name or identity through the authentication process provided by the Company.
8. Use of Service
8.1. The Service operates 24 hours a day, seven days a week, in principle, unless there are specific business-related or technical issues faced by the Company.
8.2. The Service can only be used for non-commercial and personal purposes.
8.3. Only individuals aged 17 and above may use this service. However, minors must obtain consent from their parents or legal guardians to use this service.
8.4. The use of the service in violation of this Terms of Service. If it is determined that a member is using the service in violation of this Terms of Service, the Company reserves the right to terminate the Service agreement with that member and may also prohibit that member from using the service or other related services."
Chapter 3. Rights and Obligations
9. Obligations of the Company
9.1. Unless there are any events of special circumstances, the company will provide members with the necessary accounts for service use and permit the setting of profiles, such as nicknames.
9.2. In accordance with the provisions of this Agreement, the company will continuously and reliably provide the service."
10. Obligations of the Member
10.1. The Company assumes no liabilities for any loss incurred by the Member due to the use or modification of the Member's account, username, or registration information by a third party (including, but not limited to, family members), irrespective of whether the member acted intentionally or negligently.
10.2. Members must promptly report to the company any changes to the information they have provided to the Company.
11. Prohibitions
11.1. Members are prohibited from engaging in the following actions in connection with the use of the service:
11.1.1. Acts contrary to public order and social norms.
11.1.2. Actions taken or planned with the intent to harm societal public interests.
11.1.3. Violating applicable laws, regulations, and other legal rules.
11.1.4. Posting content that is threatening, defamatory, obscene, invasive, or inciting.
11.1.5. Acts that defame or cause harm to other members or third parties.
11.1.6. Sending advertisement emails or computer viruses.
11.1.7. Using specific individual personal information to establish multiple service contracts and register accounts.
11.1.8. Stealing accounts or personal information of others.
11.1.9. Buying or renting member accounts.
11.1.10. Trading the Points.
11.1.11. Posting copyrighted protected materials.
11.1.12. Posting content that violates Article 44, Section 7 of the Act on Promotion of Information and Communication Network Utilization and Information Protection.
11.1.13. Other acts deemed inappropriate by the company."
12. Rights of the Member
12.1. Members may, at any time, withdraw their consent to this Terms of Service and terminate the Service Agreement.
12.2. Members may, at any time, request access to their personal information and, if any inaccuracies are found in their personal information, may request corrections thereof.
Chapter 4. Restrictions, Termination and Suspension
13. Restrictions
13.1. The Company may restrict the Member's use of the Service without their consent if:
13.1.1. The personal information requested by the Company is found to be false.
13.1.2. The Member is uncontactable through all means of communication provided in their personal information.
13.1.3. Based on usage patterns, information obtained by the Company, etc., it is suspected that the Member's account, username, etc. are being used unauthorized by a third party.
13.1.4. The Member is suspected of violating any applicable laws or the terms of this Agreement.
13.1.5. There are other reasons deemed by the Company to urgently require restriction of the Member's use.
13.2. The Company shall not be held liable for any damages incurred by a Member due to the actions taken under the preceding clause, which prevent the Member from using the Service.
14. Termination
14.1. When the Member seeks to terminate their membership agreement, they must apply for termination through the withdrawal procedure set by the Company. The Company will process this in accordance with relevant laws and regulations.
14.2. The Company may, without prior notice, delete any postings by the Member and terminate the use agreement if:
14.2.1. The information provided by the Member at the time of application includes reasons stipulated in Article 7 of this Agreement.
14.2.2. The Member fails to fulfill their obligations as set forth in Article 10.
14.2.3. The Member violates the prohibitions as laid out in Article 11.
14.2.4. The Member violates other provisions of this Agreement or any other relevant content.
15. Loss of Membership
If service use is restricted or the membership agreement is terminated in accordance with the provisions of Article 13 or Article 14, the respective Member shall lose their membership status.
16. Temporal Suspension of the Service and Force Majeure
16.1. The Company may temporarily suspend the Service without prior notice to the Member for any of the following reasons. In such cases, the Company shall not be liable for any damages incurred by the Member or any third party due to the suspension of the Service:
16.1.1. Regular or emergency maintenance, inspection, repair, or modification of the Service system.
16.1.2. Inability to provide the Service due to fire, power outage, etc.
16.1.3. Natural disasters such as earthquakes, eruptions, floods, or tsunamis rendering the Service unavailable. 16.1.4. Circumstances like war, insurrection, riot, disturbance, or labor disputes making the Service unavailable.
16.1.5. Any other operational or technical reasons determined by the Company requiring temporary suspension of the Service.
16.2. Even if the Service is delayed or suspended for reasons other than those listed above, the Company shall not be liable for any damages incurred by the Member or any third party due to such delay or suspension.
17. Termination
17.1. The Company may, without notice, terminate the provision of all or part of the Service.
17.2. The Company shall not be held liable for any consequences arising from the termination of the Service.
17.3. Any provisions in this Agreement that, by their nature, need to persist shall continue to be effective even after the termination of the Service.
Chapter 5. Personal information
18. Personal Information
18.1. The Company will do its utmost to protect the personal information of Members in accordance with applicable laws. Protection and use of the Member's personal information will be governed by relevant laws and the Company's Privacy Policy. However, the Company's Privacy Policy does not apply to third-party content linked outside of the Company's app and services. The Company is also not responsible for any information disclosed due to the user's negligence.
18.2. The Company ensures that personal information is handled by a minimal number of people and is treated securely to prevent loss, theft, leakage, alteration, or damage.
18.3. Collected personal information is primarily used for service provision and is not shared with third parties. However, the Company may share personal information, such as phone numbers and nicknames, with third parties under the following circumstances, within the limits of the law:
18.3.1. Upon requests from investigative or other government agencies for legal violations or service misuse by the Member.
18.3.2. When necessary for information security tasks, including verifying legal or Service Agreement violations by the Member.
18.3.3. Other situations as defined by relative laws and regulations
18.4. The Company will handle personal information appropriately as per the Company's Privacy Policy.
18.5. The Company will utilize personal information within the following purposes:
18.5.1. To enhance the quality of the content and the Service itself.
18.5.2. To notify of new services offered by the Company.
18.5.3. Other uses within the scope of the Member's consent.
Chapter 6. Point/Gift/bread
19. Point/Gift/bread
19.1. Members may purchase or acquire Point/Gift/bread (“the Points”) using payment methods designated by the Company and may use the Points for certain premium content.
19.2. Regardless of intent or negligence, the Company assumes no responsibility for the Points accrued or used for premium content due to reasons attributable to the Member, such as leaks of registration information or errors.
19.3. Taxes, fees incurred, taxes imposed on products or services purchased, and other costs arising from the Points acquired by the Member shall be borne by the Member.
20. Expiration of the Points
20.1. If a user provides false, fraudulent, or already amended information, the Company may, at its discretion, revoke or confiscate the accrued or owned the Points.
20.2. If the Member does not engage for more than 6 months after acquiring the Points (i.e., no login activity), the Points may expire.
20.3. The Points acquired by the Member may expire concurrently with the loss of membership status as stipulated in Article 15.
20.4. If the Service terminates, the acquired Points will also expire. However, the Company may set a period during which the acquired Points can be refunded.
20.5. When the Points of the Member are set to expire under this Article, the Company may notify the Member in advance through an appropriate method.
Chapter 7. Indemnification
21. Indemnification
21.1. The use of the Service, including Content consumption, is at the Member's own risk. The Service and all content are provided "as is" and "as available," and the Company does not guarantee its content or quality.
21.2. The Company is not liable for damages related to the Service use that do not correspond to the provisions of the Privacy Policy.
21.3. The Company is not responsible for any disputes arising between Members or between Members and third parties, including exchanges of information or resulting actions.
21.4. Except in cases of the Company's intentional misconduct or material negligence, the Company is not liable for any damages arising from the use of the Service.
21.5. The Company does not warrant the reliability, accuracy, legality, or fitness for a particular purpose of affiliated point-service sites and assumes no responsibility for them.
21.6. The Company assumes no liability for damages, whether the Company deletes the Member's registration or postings, or the Service is suspended, discontinued, etc., regardless of the reason.
21.7. The Company may at any time establish, modify, or terminate the designated point distribution amount, cash distribution fee, exchange fee, etc. The Company is not responsible for the loss or theft of amounts exchanged for cash.
21.8. The Company assumes no compensation responsibility for the Points not utilized by the Member.
21.9. If there is a delay in communication or notification, or an exchange error due to insufficient exchange information from the Member, except in cases attributable to the Company, the exchange is considered completed at the normal completion time, and the Company is not liable for any disadvantages caused to the Member.
21.10. The Company is not responsible for the standards set by affiliate sites. If the Member's performance is not approved or is canceled or adjusted based on those standards, and the Member incurs any damage, cost, etc., the Company does not compensate for it.
Chapter 8. Miscellaneous
22. Intellectual Property
22.1. By providing User Content, Members are deemed to grant the Company and its affiliated companies an unpaid, non-exclusive, perpetual, irrevocable, fully sublicensable right to the intellectual property. This includes the right for the Company to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such user content throughout the world in any media, without the individual approval of the member and without compensation to the member.
22.2. Members are responsible for any damages arising from their posted content, and the Company assumes no liability for such content. If the Company faces claims for damages or the like from third parties due to content posted by a member that infringes on others' rights, the member who posted the content must actively cooperate for the Company's indemnification. If the Company is not indemnified, the member must bear the responsibility.
22.3. Other intellectual property rights are governed by the Service's Intellectual Property Rights Policy.
23. Third Parties
23.1. The Company does not guarantee any service of third-party websites/applications displayed on the service and app or any product or service advertised, provided, or sold on third-party websites/applications and assumes no responsibility for them.
23.2. Third-party websites/applications operate independently of the Company's terms and policies. The Company is not responsible for the personal information protection practices, operational methods, or content included in third-party websites/applications. The Company does not provide any explicit or implicit guarantee regarding the business, personal information protection practices, products, and services of third-party websites/applications owned or operated by third-party institutions.
24. Jurisdiction
All disputes related to this Agreement will be resolved under the jurisdiction of the Seoul Central District Court.
Attachment
1. The terms will be enforced on November 14th, 2007.
2. The terms will be enforced on October 1st, 2023.