Amended December 22, 2020
mgoonlive’s Terms and Conditions for the Service shall encompass the entire Terms and Conditions for the Service, including these Terms and Conditions and any additional Terms and Conditions that may be added in the future (Terms and Conditions for the Paid Service, Operational Policy, etc.), and shall be referred to as the “Terms and Conditions.”
1. Execution of the User Agreement
1.1. The User Agreement shall be executed if and when a person who seeks to become a Member (hereinafter, “Subscription Applicant”) agrees to the Terms and Conditions and applies for Membership, following which the Company approves of such application. Following the Company’s approval, and from when the User Agreement is executed, the Subscription Applicant may freely use the Service in accordance with the Terms and Conditions.
1.3. The Company may reserve or refuse to grant approval of a Membership or terminate the User Agreement on an ex-post basis if it deems that such approval is inappropriate due to reasons or causes such as the user making an illegal access to mgoonlive’s service system, theft of account, provision of false information, and verification of the details of the user’s abuse of the service in regards to the Subscription Applicant’s membership application.
2. Amendment of the Terms and Conditions
2.1. The Company may amend the Terms and Conditions to the extent such amendment does not violate the relevant laws and regulations.
2.2. If and when the Company amends the Terms and Conditions pursuant to the previous Paragraph, it shall specify the date of application, details of changes made, and the reason therefor and make a public announcement of the amendment through the Service from 7 days prior to the date of its application. However, if such changes are disadvantageous to the Member in any legal manner, the same information shall be provided through the Service from 30 days prior to the date of application, and the relevant details shall be sent to the Member via his or her email address.
2.3. If the Member does not agree to the amended Terms and Conditions, the Member may terminate the User Agreement concerning the Service executed through the Terms and Conditions, and may cease using the Service.
2.4. If the Company discloses or notifies the Member of the amendment of the Terms and Conditions in accordance with Paragraph 2.2 and the Member does not explicitly express any intent to refuse the new Terms and Conditions prior to the date of such amendment’s application, the Member shall be deemed to have agreed to the amended Terms and Conditions.
3. Modification and Suspension of the Service, Etc.
3.1. The Company may modify the contents of the Service if and where necessary. However, if any change to the contents of the Service has or would have a significant impact on the rights and obligations of the Member, the modification shall be made through the disclosure and notification procedures in accordance with Article 2.
3.2. The Company may temporarily suspend the provision of the Service in the event of maintenance inspection, replacement and failure, disruption of communication, or any significant operational reasons related to the information and communication facilities.
3.3. The Company may perform regular inspection if necessary for the provision of the Service, and may also temporarily suspend the provision of the Service during such regular inspection.
3.4. The Company may suspend the Service for causes such as the Company's management reasons.
4. Posting of the Advertisements
The Company may post advertisements of the Company or third parties via or on the Service.
5. Rights and Obligations of the Member
5.1. The Member may personally and non-commercially view the contents such as the broadcasting online and VOD provided to the Member through the Service (hereinafter, “the Contents”), and may also perform the actions allowed by the Company through the Service (such as posting comments or chatting).
5.2. The Member shall not acquire any rights to Contents provided through the Service other than the restrictive rights of the preceding Paragraph in any manner whatsoever.
5.3. The Member shall not use the Contents beyond the scope allowed by this Article, such as in the ways specified in any of the following examples, and shall be liable civilly and criminally for any and all matters thereto related to such actions taken.
1) Act of arbitrarily producing Contents as separate video files, etc.
2) Act of arbitrarily posting Contents on the Internet
3) Act of arbitrarily providing Contents to a third party
4) Other acts infringing upon copyrights related to the Contents
5.4. The Member shall not engage in any act of accessing the server and the network system of the Service in any unauthorized manner (for example, using an automated program to access the Service server and network, or accessing the Service system for the arbitrary collection of the Contents) or of interfering with the provision of the Service.
5.5. The Member shall not engage in any of the following acts.
1) Providing false information to the Company or stealing another person's information
2) Infringing intellectual property rights, such as copyrights, of the Company or other third parties
3) Damaging the reputation of the Company and other third parties or interfering with business
4) Commercially using the Service without the Company's consent
5) Impersonating the Company or disseminating false information in connection with the Service
6) Other illegal or unfair acts such as the acts prohibited under Article 44-7, etc., of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
6. Creation of Member Contents / Operation Policy and Details of Sanctions in the Event of Violation
The following policies below apply to any and all Contents, including comments, made by the Member (hereinafter, “Member Contents”):
1) Prohibited acts: The Member shall not write Member Contents that include the following details, or engage in any of the acts prohibited below.
① Content that damages or defame another person’s reputation (including the Company and the Contents’ performers)
② Content contrary to traditional customs such as profanity, obscene / indecent details, and violent details
③ Content that continuously induces fear or anxiety, without basis
④ Content related to any acts of significant harm prohibited by laws and regulations
⑤ Content that discloses trade secrets or national secrets classified by laws and regulations
⑥ Content involved in, instigating or aiding crime
⑦ Illegal details prohibited from posting by other relevant laws and regulations
⑧ Acts prohibited in Paragraphs 5.3. to 5.5., such as the act of continuously / repeatedly posting the same / similar Member Contents
2) Details of sanctions in the event of violation: If Paragraph 1 above is breached, the following actions may be taken.
① The Member Contents which have been confirmed as violating Paragraph 1) above or which have been reported over a certain number of times shall be automatically deleted temporarily, and the Member who created the relevant Contents may release the relevant action by demonstrating that the relevant Contents do not violate Paragraph 1).
② A Member whose violation of Paragraph 1) has been confirmed or has been subject to reports more than a certain number of times shall automatically be restricted from creating Member Contents for a certain period, and the relevant Member may release the restriction, even during the relevant period, by demonstrating that the content does not violate Paragraph 1).
※ The standard number of sanctions under Subparagraphs ① and ② above shall be determined from time to time as the most appropriate number for the protection of the Service and the Member from against inappropriate Contents during the operation of the Service. Furthermore, the certain period of Subparagraph ② above may extend up to 90 days, and likewise, may also be determined at any time during the operation of the Service.
3) Granting of limited license for the Member Contents created by the Member: The Company may use Member Contents if and where necessary for the promotion and publicization of the Service, among others.
7. Restrictions on Use
The Company may temporarily or permanently restrict the Member's use of the Service in the following cases.
1) Temporary restriction of use
① Member violates the Member's obligations as per Article 5
② Member violates the Member Contents’ Creation / Operational Policy of Article 6
2) Permanent restriction of use
① Member habitually violates the Member's obligations as per Article 5
② Member's act of violation of the obligations of Article 5 constitutes a crime
③ Member habitually violates the Member Contents’ Creation / Operational Policy of Article 6
④ Member's act of violation of the Member Contents’ Creation / Operational Policy of Article 6 constitutes a crime
8. Termination of the User Agreement
8.1. If and where the Member seeks to terminate the Service’s User Agreement, the Member may withdraw at any time by deleting the Member's account through the Account Management section, in line with the procedures determined by the Company.
8.2. Upon the termination of the User Agreement, both the Member's qualifications and available rights shall be lost, and any and all Member information shall be deleted.
9. Rights, Obligations and Indemnity of the Company
9.1. The Company shall reserve all rights to the Service.
9.2. The Company shall strive to provide the Service in a stable manner, yet in the event of natural disasters, wars, and other force majeures equivalent thereto, and in the event of Article 3, the provision of the Service may be discontinued or suspended, and the Company shall not be liable therefor.
9.3. The Company shall not be liable for any damages arising out of the Member's use of the Contents unless the Company is culpable for such damages, such as due to intent or negligence.
10. Compensation for Damages
Both Company and Member shall be liable for any and all damages it causes the other party due to its own fault. In particular, if the Member infringes the copyrights of the Contents in violation of Paragraph 5.3., the Member shall be liable both civilly and criminally.
11. Governing Law and Jurisdiction
11.1. These Terms and Conditions shall be governed by the laws of the Republic of Korea, and the courts of the Republic of Korea shall have jurisdiction over them.
11.2. Any litigation concerning disputes between the Company and the Member shall be filed based on the address of the Member at the time of its filing; absent an address, the district court having jurisdiction over the residence shall have the exclusive jurisdiction. However, if the address or residence of the Member at the time of the litigation’s filing is not clear, the competent court of jurisdiction shall be determined in accordance with the Civil Procedures Act. For a customer with an address or residence overseas, the competent court of jurisdiction for any disputes arising between the Company and the customer shall be the Seoul Central District Court of the Republic of Korea.
Amended on December 22, 2020
1. Purpose and the Scope of Application, Etc.
1.1. The purpose of these Terms and Conditions is to clearly specify the rights between the Company and the Member in connection with the sales (purchase) refund, etc., of the paid products sold within the Service.
1.2. These Terms and Conditions shall be applied to Members who purchase paid products.
1.3. These Terms and Conditions are auxiliary to the Terms and Conditions, and any matters not specified under these Terms and Conditions shall be governed by the Terms and Conditions.
2. Definitions of Terms
2.1. The terms defined under the Terms and Conditions shall have the same meaning under these Terms and Conditions.
2.2. The terms additionally defined under these Terms and Conditions shall be as follows.
① Paid product shall mean any of the various products that the Member may purchase through the Service (the right to view and/or download specific Contents, and specific functions implemented within the Service, etc.).
3. Purchase and Refund of Paid Products
3.1. Purchase and refund are made through the payment methods the Company may provide for each service platform, such as credit card, mobile phone, and account transfer. However, if and where there is a separate business operator operating the payment method selected by the Member, the Member may proceed with payment by using the relevant payment method if the procedures required by the business operator of the relevant payment method are performed.
3.2. Under any of the following circumstances, the Company may refuse or cancel the User Agreement by not approving of the Member's application for paid product, withholding approval, or cancelling the approval later.
① The Member’s real name is not used, or another person's name is used
② It is determined that there has been fraud such as payment from an IP designated as risky considering massive payments from the same IP, continued payments from similar IDs, and history of theft
③ False information was entered during the purchase process or essential matters not provided
④ Application was made by a minor under the age of 19 without the consent of their legal representative
⑤ There is a possibility that the payment has not been made, or would not be made
⑥ Member violates the Terms and Conditions concerning the Contents (including the paid product), such as through copyright infringement
⑦ Member has been restricted from use pursuant to Article 7 of the Terms and Conditions
⑧ Member has violated any of ① through ⑦ above
⑨ Approving the application for use violates relevant laws and regulations, or violates social order and traditional customs, and the relevant Terms and Conditions of the Company, etc.
3.3. Under any of the following circumstances, the Company may withhold approval until the relevant factor has been fully addressed.
① A failure has occurred in the Service
② There is a lack of facilities or relevant manpower for the normal operation of the Service
4. Contents of the Paid Product and the Modification/Closing, Etc.
4.1. The Company shall notify the Member of the following within these Terms and Conditions and the Service in an appropriate manner so that the Member may accurately understand the terms and conditions of paid product transactions (purchases) before the purchase of a paid product is made, and conduct transactions without any mistakes or errors. The details of each of the following subparagraphs including those of the explanation page of Subparagraph 2 below shall be binding upon the Company and the Member as part of the Terms and Conditions.
① The seller's trade name, and the representative's name, address, and phone number, etc.
② Specific details such as the type and price of the paid product, method of use, period of use, and terms and conditions of use, etc.
③ Matters concerning the withdrawal of subscription, deadline for the termination of agreement, method of exercise and effect, and matters concerning refund, etc.
④ Matters concerning the consumer’s compensation for damages, handling of complaints, and handling of disputes
4.2. The Company may publicly notify the Member in advance and modify specific details such as the type and price of the paid product, or close a specific paid product. However, if such modification and closing are disadvantageous to the Member or have a significant impact on the rights and obligations of the Member, the change shall be made via the procedure of public announcement and notice pursuant to Article 2 of the Terms and Conditions.
4.3. If the Company modifies or closes the type and details of the paid product in line with the preceding Paragraph, and if for reasons for which he or she is not responsible the Member cannot use the paid product previously purchased in line with the terms and conditions determined at the time of purchase, etc., the Company shall appropriately compensate the Member for the portion which has not been used.
5. Constitution of the User Agreement on Paid Products
5.1. The user agreement on paid products shall be constituted when the Member agrees to these Terms and Conditions and purchases a paid product via direct payment.
5.2. Paragraphs 3.2 and 3.3 shall be applied mutatis mutandis to the refusal, withholding of approval, or cancellation of the application for the user agreement on paid product.
5.3. If and where the Member has normally purchased a paid product and if the user agreement on the paid product is executed, the Company shall immediately deliver to the Member the details of the execution of the agreement.
6. Special Rules Concerning the Execution of Agreement for Minors, Etc.
6.1. If the Member is a minor (under 19 years of age) or has a limited capacity, the Member shall secure the consent of his or her legal representative (parents, etc.) before making the payment for the purchase of the paid product, and if the consent of the legal representative is not secured in line with the procedures determined by the Company, the paid product cannot be purchased.
6.2. To secure the consent for the payment for a minor as per the preceding Paragraph, the legal representative may give consent in the payment process via mobile phone, etc., following the Company's guidance, and when the consent is completed, the Company shall notify the legal representative of the fact of the agreement and the details.
6.3. Upon securing the consent as per the preceding Paragraph, the legal representative may select and determine the effective period for the consent following the Company's guidance, and the Company shall check as to whether the consent is extended by sending a mobile phone text message to the legal representative 30 days before the expiration of the effective period of consent selected by the legal representative.
6.4. The legal representative may withdraw the consent of this Article at any time through the Customer Service Center or a separate page below. However, in such event, purchases made prior to the point of withdrawal cannot be cancelled (Article 7 of the Civil Act).
▶Customer Service Center: 02-3420-1600
6.5. Even if the Member is a minor but identifies himself or herself as an adult by stealing the proprietary information of another person (adult) in the purchase process, or if the consent procedures of the legal representative of this Article have been performed, or if deception has been used such as through making payment by using another adult’s payment information to make the Company believe that the Member is an adult or the Member’s legal representative has given consent, the Member or the Member’s legal representative shall not be entitled to cancel the purchase of a paid product unilaterally, even if there was no consent by the legal representative (Article 17 of the Civil Act).
7. Withdrawal of Subscription, Etc.
7.1. The Member may withdraw his or her subscription and cancel the agreement (hereinafter, “withdrawal of subscription, etc.”) within 7 days from the point of taking delivery of the details on the execution of the agreement concerning the product purchased for a charge, or of taking supply of the product in accordance with the Act on Consumer Protection in Electronic Commerce, Etc. (hereinafter, “the Electronic Commerce Transactions Act”). However, if the Member has already used the product purchased, withdrawal of subscription, etc., for the used portion will not be available, and the Company shall clearly notify the Member of such fact at the time of the purchase of the product.
7.2. Notwithstanding Paragraph 7.1. above, if the details of the product are different from those of the labeling or advertisements or the product performs differently from the details of the agreement, the Member may withdraw his or her subscription, etc., within 3 months from the date on which the supply of the product was made, and within 30 days from the date on which such fact was known or could have been known.
7.3. If the Member withdraws the subscription, etc., pursuant to Paragraphs 7.1. or 7.2. above, the product purchased by the Member shall be returned in accordance with the Electronic Commerce Transactions Act, and the Company shall proceed with the refund procedures in accordance with the Electronic Commerce Transactions Act.
7.4. Other matters concerning the withdrawal of subscription, etc., pursuant to this Article shall be governed and handled in accordance with the Electronic Commerce Transactions Act.
8. Returns and Refunds Other Than the Withdrawal of Subscription, Etc.
8.1. The Member may return paid products that are unused, and the returns will be made according to the payment method.
8.2. The Member may request refunds for paid products that are unused, and the Company shall proceed with such refunds in accordance with the relevant laws and regulations concerning the Member's refund requests. However, such refund requests shall be available only for paid products purchased for a charge, and paid products delivered free of charge for bonuses or promotions, etc., shall not be eligible for any refunds.
9. Termination of the Agreement, Etc.
9.1. The Member and the Company may terminate the relevant agreement if the other party does not fulfill the obligations required in accordance with the User Agreement on Paid Products for a considerable period of time.
9.2. If the Company confirms that the Member has committed an act specified in Paragraphs ① through ⑦ (limited to acts requiring permanent restriction from use) of Paragraph 3.2., the Company may immediately terminate the User Agreement on Paid Products executed with the Member.
9.3. After withdrawing from membership in the Service, personal information will be deleted in accordance with the relevant laws and regulations such as the Personal Information Protection Act, and hence, if there is a paid product of a term which has not been used, the Member shall exhaust it in full or take a refund before withdrawing from the Service. If the Member voluntarily withdraws without requesting a refund, the Company shall not be liable for any recovery or refund whatsoever.
10. Limitation of Liability
10.1. If the Company is unable to provide the purchased paid product as agreed due to a natural disaster or a force majeure equivalent thereto, the Company shall be exempted.
10.2. If the Company is unable to provide the purchased paid product as agreed due to any reason or cause that is imputable to the Member, the Company shall be exempted from any liability unless there was intention or gross negligence on the part of the Company.
10.3. The Company shall not be liable for any disputes, etc., arising between the Company and the Member, or between the Member and a third party in connection with the paid product.
11. Prohibition of Transfer
The Member shall not transfer contractual status and its rights and obligations arising in accordance with these Terms and Conditions to another, nor commit any act of disposition such as making it available for the purposes of qualification in any manner whatsoever.
12. Other Compensation for Damages for Consumers and the Handling of Complaints, Etc.
12.1. If the Member suffers any damages such as not being able to normally use the paid product purchased due to the Company's intent or negligence, the Company shall make each and every effort to reach a full resolution and shall also make appropriate compensation thereto.
12. 2. The Company shall operate channels of communication as provided below to address consumer issues such as compensation for damages, handling of complaints and disputes, and matters concerning refunds.
▶Customer Service Center: 02-3420-1600
Items of Personal Information Collected
In the course of using a social login to sign up for the membership, an email address, nickname, and profile image shall be provided from the relevant social media.
While the Service is in use, the name, date of birth, gender, and mobile phone number are collected with the user’s consent.
Furthermore, the IP address, payment history, record on the use of Service, error log, and terminal information, among others, may be automatically generated and collected during the process of the Service use.
How Personal Information Is Collected
The Company collects personal information in the following manner to provide the Service:
• Personal information is collected directly from the user in the process of signing up for the membership and using mgoonlive Service
• Personal information is provided from partnering companies
• Personal information is collected through the generated information collection tool
Purpose of Collection and Use of the Personal Information
The Company uses the collected information for the following purposes.
• To facilitate the user’s use of the Service
• To identify the user and prevent unauthorized use of the Service
• To create statistical data on the use of the Service
• To conduct surveys and analyses necessary for the Service’s improvement
• To draw and send out gifts for campaigns and events
• To verify personal identity and respond to inquiries where there are user inquiries
• To make important public announcements, among others, as necessary
• To deliver customized services and information (including “advertisements”) provided by the Company, including the mgoonlive Service
• To authenticate identity, make purchase and settle payment, and deliver products and services in line with the provision of paid services
Use of Personal Information and Its Provision to Third Parties
The company does not, in principle, provide the user’s personal information to any external parties without the prior consent of the user. However, the following are exceptions.
• Where the user has agreed in advance
• Where required by the provisions of laws and regulations
Consigned Handling of the Personal Information
The Company consigns personal information as follows for the provision of the Service.
Consigned Business & Contents of the Consigned Business
(1) Infrastructure operation for the provision of the Service and the prevention of unlawful use of the Service: Amazon Web Services, Inc.
(2) Data backup (storage): Amazon Web Services
(3) Payment processing and theft prevention for the use of the paid service: PayLetter and PayPal
(4) In addition to the consigned businesses above, Google Analytics, which is a login analysis tool, is used for the purposes of the Service’s use and statistical analysis.
• Retention period and the period of use for personal information: Until the Member’s withdrawal or the expiration of the Consignment Agreement
User's Rights and How They Can be Exercised
• A user may search or revise his or her registered personal information at any time, and request the deletion of his or her account.
• If a user requests the correction of errors in his or her personal information, his or her personal information will not be used or provided until the correction has been completed. Furthermore, if any incorrect personal information has already been provided to a third party, the third party will be notified of the correction without delay so that the correction can be made.
• The Company handles personal information which has been cancelled or deleted at the request of the user as specified under the "Retention Period and the Period of Use for Personal Information" below, and also makes it impossible to search or use for any other purposes.
• Use of this Service by children under the age of 14 is restricted.
Matters Concerning the Installation / Operation and Refusal of the Automatic Device for Personal Information Collection
Cookies are used to provide optimized information to the users by identifying their patterns of Service use and other websites used by the users, and the number of users, among others.
• Installation / Operation and Refusal of Cookies
Retention Period and the Period of Use for Personal Information
If and when the purpose of collection and use of the personal information is achieved, the Company shall in principle destroy the user's personal information without any delay. However, if it is necessary to preserve the user's personal information according to the Company's internal policy or the relevant laws and regulations, the personal information may be stored for a certain period of time.
[When Stored Separately in Accordance with the Standards of Laws and Regulations]
• Act on Consumer Protection in Electronic Commerce, Etc.
Records on contract or withdrawal of subscription: stored for 5 years
Records on payment and supply of goods, etc.: stored for 5 years
Records on consumers’ complaints or handling of disputes: stored for 3 years
• Protection of Communications Secrets Act
Records on access log: 3 months
[When Stored Separately in Line with Internal Standards]
Nickname and profile image for CS processing of a Withdrawing Member: 3 months
Personal Information Destruction Procedures and Method
The Company's personal information destruction procedures and method are as follows.
• Destruction Procedures
Information entered by the user for the use of the Service, etc., will be stored until the purpose of its collection has been achieved and then an additional period of time in accordance with internal policies and the relevant laws and regulations, and then will be destroyed. The relevant personal information will not be used for any purposes other than storage unless required by law.
• Destruction Method
Personal information printed on paper will be shredded via shredders, and the personal information stored in the form of electronic files will be deleted using a technical method that ensures it cannot be recovered.
Points of Contact Concerning the Protection of Personal Information
Scope of Application
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