Chemion Service User Agreement

This Agreement(hereinafter referred to as the "Agreement") is made by and between Funiot Co., Ltd. (hereinafter referred as the "Company" )and the Customer (hereinafter referred to as the "Customer" ) who uses the service (hereinafter referred as the "Service" )which indicates specific pattern data by the Chemion glasses LED using the Chemion app provided by the Company, and to determine the terms and conditions for using the Service.
1. Definitions:
(1) 'Web’ means the application software for the web browser, named 'Chemion' app provided by the Company for the Service.
(2) 'App' means the application software for the smart phone and tablet terminal, named 'Chemion' app provided by the Company for the Service.
(3) 'Pattern Data' means the data which is a specific pattern (text or animation)produced by the user registered to Chemion, using the Chemion app, and can be replayed by the Chemion glasses.
2. Agreement
(1) The Customer should use the Service in accordance with the provisions of the Agreement after agreeing to it.
(2) In case that the Customer is a minor, he/she can use the Service after obtaining the consent of a legal representative such as the person with parental rights, etc.
3. Rights to Ownership
Any and all rights for the app and others related to the Service (including but not limited to, intellectual property rights such as copyright, trademark, patents, etc.) belong to either the Company or the 3rd party who permits the right to the Company.
4. Provision of the Service
(1) The Company permits the Customer the right to use the Service in accordance with the terms and conditions of Agreement described in the Service. The Customer cannot transfer or rent the rights to use the Service to a 3rd party.
(2) The Company can change all or a part of contents of the Service, or suspend or terminate the provision of the Service, in the event that the Company determines to be necessary.
5. Privacy
(1) The Company respects the privacy of Customer. The Company pays the utmost attention to the security so as to manage the information which we collect from the Customer safely.
(2) The Company appropriately treats the privacy and personal information of the Customer in accordance with the Privacy Policy.
(3) The Customer understands that, by using the Service, such information as location information and e-mail, Facebook ID, etc. for the Chemion data that is shared with other customers may be disclosed to other customers.
6. Other Services
(1) The Service can include the contents of other services of the Company, or be connected with other services or its contents of the Company. For these services or contents, the user agreement and other terms of the service or content stipulated by the Company can be applied.
(2) The Service can include the contents of other services of the other company, or be connected with other services or its contents of the other company. The Company is not responsible for these services or contents. And, for these services or contents, the user agreement and other terms stipulated by the providing company can be applied.
7. Prohibition
The Customer shall not act as described below while using the Service.
(1) The actions in violation of laws, judgments, decisions or commands by court, or administrative action with the statutory binding.
(2) The actions which might undermine the public order or the beautiful and fine custom
(3) The actions which infringe on the intellectual property rights such as copyright, trademark, patents, etc., honorary rights, privacy rights, portrait rights, other statutory or contractual rights of the Company or the 3rd party.
(4) The actions sharing the pattern data with other customers, which include excessively violent expression, sexually explicit expression, representation of discrimination including race, nationality, creed, sex, religion, social status, family, etc., attracting or encouraging pattern data for suicide, self-inflicted injury, drug abuse, other anti-social content that is offensive to others.
(5) The actions impersonating the Company or the 3rd party, or intentionally spreading false information.
(6) The actions with the purpose of a malicious act or defamation and slander, etc. to other clients, the actions with the purpose of meeting and dating with people having no acquaintance, the actions to use the Service for other purposes other than the purpose of use predefined by the Service.
(7) The actions of profit contribution and other cooperation for the anti-social forces.
(8) The actions of illegally collecting, disclosing or offering the personal information, registration information, usage history information of other person
(9) The actions to interfere with the server and network system of the Service, the actions illegally manipulating the Service using BOT (AI player), cheating tool, and other technical mean or the acts intentionally using the disorder of the Service.
(10) The actions improperly to inquire or request to the Company such as repeating the same question more than necessary, etc., the actions to interfere with or disrupt the operation of the Service by the Company or other customer's use of the Service.
(11) The actions to assist or facilitate the action corresponding to one from the above (1) to (10)
(12) Other actions the Company deems inappropriate.
8. Responsibility of the Customer
(1) The pattern data shared through the Service can be transmitted to other person by the person who receives it through sharing without the consent by the Customer. And, in case that the data already have been downloaded to his/her terminal by the person who received it through sharing, the corresponding data will not be automatically deleted, even though the Customer deletes the app and or stops sharing of the data posted. The Customer should use the Service under their own responsibility after understanding and approving such characteristics of the Service, and shall be fully responsible for the conduct and the results made on the Service.
(2) The Company can suspend using of all or part of the Service by the Customer, or take a necessary and proper action as determined by the Company, without prior notice to the Customer, in case that the Company determines that the Customer is using the Service in a form violating the Agreement. However, the Company does not have the obligation to prevent or remedy the br/each by the Customer.
(3) In the event that the Company suffers, directly or indirectly, any damage (including the attorney's fee) due to the Customer's use of the Service (including the case that the Company receives the claim from the 3rd party due to the Customer's use of the Service), the Customer shall immediately compensate it according to the claim of the Company.
9. Indemnity of the Company
The Company can delete the pictures and video data from the archive server which stores such data, without the individual consent of the Customer, in the event that they are deemed as inappropriate, or based on the laws, judgments, decisions or commands by court, or administrative action with the statutory binding. In this case, the Company is not responsible for all the damages occurred to the Customer at all.
10. Change of the Agreement
The Company can change the Agreement, without prior notice to the customer, at any time, when the Company determines it is necessary. The Agreement as being changed shall be effective from the time posted in the Service by the Company, and it is regarded that the Customer accepts the Agreement as being changed in the valid and irrevocable manner by continuing to use the Service even after the Agreement has been changed.
11. Governing Law and Jurisdiction
The Agreement shall be governed by the laws of the Republic of Korea and its Korean version is the original copy. For the dispute resulting from or related to the Service that is occurred between the Customer and the Company, Seoul Central District Court shall be the jurisdictional court of first instance for exclusive agreement.
Date of Announcement: March 3, 2017
Date of Implementation: March 11, 2017