Effective Date: February 5, 2021
The purpose of this Terms and Conditions shall be to specify rights, obligations and responsibilities of the company and the users, when the users use KEYCUTstock service provided by 4by4 Inc. via our website (www.keycutstock.com), related software, app or plugin (hereinafter, collectively “Site”). Please read this Terms and Conditions carefully before you access or use our website.
These Terms and Conditions are not intended to alter the terms or conditions of any content license agreement you may have with 4by4 Inc, its subsidiaries or affiliates, and to the extent of any conflict, the terms of your content license agreement will prevail. By using the Site, you represent and warrant that you are over the age of 13 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify 4by4 Inc for violations of these Terms and Conditions
1. Consent to the Terms and Conditions
1.1You will agree to and be bound by the Terms and Conditions specified below and all the other Terms and Conditions which may be published by the Site for amendment or addition (collectively, “Terms and Conditions”) In case of not agreeing to all the conditions contained in this Terms and Conditions, you shall not use or access to this Site.
1.2“Site” shall mean a virtual business place set up by 4by4 Inc. to provide images or videos (hereinafter referred to as “contents”) to users by using information and communication facilities such as computers, etc. in order to transact contents, etc. as well as a business operator operating our website. “Member” shall mean a person who has registered as a member by providing personal information to the “Site”, continuously receives the information of the “Site” and continue to use the services provided by the “Site”.
1.34by4 Inc. may amend or change the Terms and Conditions from time to time as occasion demands. Provided that, in case of amendment of the Terms and Conditions, it shall be published and announced on the first page of the “Site” specifying the effective date and reason for such change from 7 days to 1 day prior to the effective date. However, in case of adverse change of the Terms and Conditions to the members, such announcement shall be published with a grace period of at least 30 days in advance. In this case, “the company’s website” shall clearly compare the contents before and after the amendment, and display such for the members to understand.
1.4If you continue to access or use the Site despite the above notice, it shall be considered that you have agreed to these changes, and access and use of the Site are subject to the Terms and Conditions, rules and guidelines of the version posted on the Site upon use.
1.5The current Terms and Conditions can be found at any time in the “Terms and Conditions” on the website www.keycutstock.com. In case of breach of the Terms and Conditions, your access to the Site or license for use shall be automatically terminated.
2. Provision of service, etc.
2.1 4by4 Inc. shall provide services regarding information of the contents, making agreement for purchase/rental, delivery of contents and other related services.
2.2 In case of changes in the quality or technical specifications of the contents or other circumstances, the contents to be provided the agreement to be made in the future can be changed. In this case, the changed contents and the date of such shall be specified and immediately published to the place where the current contents are posted. In the event that the content of the service to be provided by the Site according to the agreement with the users due to the above reasons, it shall be notified to the address or contact information that can be notified to the members.
2.3If a member proves intention or negligence of 4by4 Inc. in relation to the above, 4by4 Inc. may compensate the user for damages caused by this.
2.4The Site may temporarily suspend provision of services in the event of maintenance, inspection, replacement or breakdown of information and communication facilities such as computers, etc. or disruption of communication.
3. Membership registration, etc.
3.1You may join the membership by filling in the information according to the form set by the Site and expressing your intention to agree to these Terms and Conditions.
3.24by4 Inc. may not allow a person, among the applicants for membership registration, to be registered as a member, if : i) a person has previously lost membership qualifications pursuant to Paragraphs 5 to 6 of this Article; ii) there is false information, omissions, or errors in the registration details; or iii) it is determined that there is any other technically significant issues in registration of membership
3.3 In case of any change in the information registered by the member, such change must be notified to 4by4 Inc.by e-mail or other means.
3.4 A member can apply for withdrawal at any time, and 4by4 Inc. immediately accept such withdrawal upon the request of the member.
3.5 If a member falls under any of the following reasons, 4by4 Inc. may limit or suspend membership or his/her activities on the Site:
1) If false information is registered at the time of application
2) In case of failure or delay of payment for the contents purchased by using the Site or other fees related with usage
3) Threatening the order of e-commerce, such as interfering with the use of Sites or contents of other people's or stealing information, etc
4) In case of any actions prohibited by laws or these Terms and Conditions, or against public order and morals by using the Site
3.6 If, after restricting or suspending membership on the Site, the same action is repeated two or more times, or if the problem or the cause of the action is not corrected or removed in an appropriate manner within 30 days, 4by4 Inc. may withdraw the membership.
3.7 4by4 Inc. shall give notification regarding membership to the members via e-mail address provided at the time of joining the Site
3.8 In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site; (b) maintain and promptly update the data, and any other information you provide to 4by4 Inc, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify 4by4 Inc immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third-party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees); and (f) accept all risks of unauthorized access to the your registration data and any other information you provide to 4by4 Inc
4. Copyright Infringement
4.1 Any user who infringes other person’s copyrights may be punished by related Copyright Act and 4by4 may take appropriate action regarding user’s account.
4.2 In the event that all images or other materials set for use on the Site infringes on copyrights owned or controlled by you, you may notify 4by4 Inc. as set forth below.
Address : 30, Apgujeong-ro-34-gil, Gangnam-gu, Seoul, Republic of Korea 06022
Phone : +82 2-545-9953
Fax : +82 2-838-4417
E-mail : firstname.lastname@example.org
In this case, after checking the matters notified, 4by4 Inc. may take measures to prevent repeated or expanded infringement, such as requesting deletion of posts, if necessary.
5. Member’s activities, etc.
5.1 Members shall remain responsible for managing their ID and password.
5.2 Members shall not allow a third party to use their ID and password, and in the event of violating these Terms and Conditions or other Terms and Conditions and contracts with 4by4 Inc. due to the use of a third party, 4by4 Inc. may immediately restrict or suspend the member's activities or withdraw such membership, and claim for liability for any damages arising from such activities.
5.3 In the event that a member recognizes that his or her ID and password have been stolen or being used by a third party, he/she shall immediately notify 4by4 Inc., and if there is a guide from 4by4 Inc., he/she shall follow such.
5.4 Members shall not sign up for Site membership or apply for a license agreement by using false information or stealing false other people's information, and shall neither change the information posted on the Site, nor transmit or post information, etc. other than information on the Site.
5.5 When a member infringes on intellectual property rights such as copyrights of 4by4 Inc. or a third party, damage reputation of 4by4 Inc. or a third party, or interferes with business, obscene or violent messages, voices, images, non-commercial publicity or propaganda, advertisements, and other information contrary to public morals shall not be posted or disclosed.
5.7 If a member violates the above paragraphs 4.3 to 4.6, 4by4 Inc. may immediately delete the post and suspend the member.
6. Signing a license agreement, etc.
6.1 Members will sign a license agreement with 4by4 Inc. on the Site through the following method.
1) Content search and selection
2) Enter required information for payment such as name, end user, country, address, phone number, e-mail address, mobile phone number, etc.
3) Confirmation and consent of Terms and Conditions and license agreement: Required to check the scope of purchase license
4) Select payment method
6.2 In the event that 4by4 Inc. determines that acceptance of the license agreement in accordance with the relevant application is likely to be prohibited by laws or these Terms and Conditions, or contrary to public order and morals or against due to false information, or omission of some information, 4by4 Inc. may not accept it or cancel the contract that was established.
7. Member's Site use and license, etc.
7.1 Members can access and use the Site according to these Terms and Conditions and the license agreement with 4by4 Inc. and laws. 4by4 Inc. is the sole owner of all rights, ownership and interests of the Site, and also holds rights not expressly specified in these Terms and Conditions. 4by4 Inc. may modify, replace or discontinue the Site or part of the Site at any time for any reason with or without notice, and provide the Site which is as it is and available.
7.2 The Site is owned by 4by4 Inc. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof, is owned by KEYCUTstock, 4by4 Inc, its licensors, or its third-party image partners. All elements of the Site, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. We also appreciate any feedback or other suggestions about our services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.
7.3 Unauthorized use of content on the Site shall constitute violation of these Terms and Conditions, contracts and related laws. Except as stipulated in these Terms and Conditions or a license agreement signed separately between members and 4by4 Inc., members shall agree not to copy, repost, frame adjustment, link, download, transmit, modify, adjust, produce derivative works, lease, rent, sell, assign, distribute, display, perform, grant license, resell or reverse engineer the Site or contents.
7.4 In addition, the member agrees that the collection and extraction methods such as data mining, robots or similar data and/or images may not be used in connection with the Site or content.
7.5 Members shall not download, distribute, display, or copy contents unless members enter into a license agreement with 4by4 Inc.
7.6 7.6. Members shall not remove watermarks or copyright notices included in the contents.
8. KEYCUTstock trademarks, etc.
8.2 These Terms and Conditions do not grant any right to use the KEYCUTstock trademark to members.
8.3 Members shall not use the trademarks of KEYCUTstock or 4by4 Inc. or the trademarks of KEYCUT in a manner that may damage the credit or reputation, disparage, or cause negative repercussions to 4by4 Inc.
8.4 Members shall agree not to use the KEYCUTstock trademark or variant thereof (including typos), regardless of the top-level domain, as a domain name or part of a domain name, or as a meta tag, keyword, or other programming code or data type.
8.5 In any case, members shall not adopt or use words and signs that are similar or confusing to the trademark of 4by4 Inc. or KEYCUTstock without prior written consent of 4by4 Inc.
8.6 The look and feel of the KEYCUTstock website, including all page headers, custom graphics, button icons, and scripts, is a product exterior and/or trademark or service mark of 4by4 Inc. and service KEYCUTstock provided by 4by4 Inc. and the whole of part of such shall not be copied, imitated or used without prior written consent of 4by4 Inc.
8.7 All other trademarks, product names, company names or logos used or displayed on the KEYCUTstock Site are the property of their respective owners. Unless explicitly specified, mentioning a brand name, trademark, manufacturer, supplier or other product, service, process, or other information shall not imply that 4by4 Inc. warrants, sponsors or recommends such.
8.8 Members shall not remove watermarks or copyright notices included in the contents of 4by4 Inc. KEYCUTstock.
8.9 If Members breach these terms and cause damage to 4by4 Inc, 4by4 Inc may take legal action of damage under the applicable laws.
8.10 Members shall not link to the KEYCUTstock Site using the KEYCUTstock trademark, logo, image, or other graphics owned or provided by 4by4 Inc. without prior written consent of 4by4 Inc.
8.11 Members shall not frame or hot link to the KEYCUTstock Site or image without the prior written consent of 4by4 Inc.
9. Information provided by members, etc.
9.1 4by4 Inc. may collect member information related to the use of the Site. Only minimum necessary information shall be collected and the consent of the user shall be obtained.
9.2 Personal information provided by a member shall not be used for other purposes nor be provided to a third party without the consent of the member. However, the following shall be exceptional: i) when a member requests delivery and 4by4 Inc needs to inform the company of the name, address, and phone number necessary for delivery; ii) when it is necessary to verify identity for prevention of account theft or verification; iii) when there are unavoidable reasons due to other laws and resolution of legal dispute; ⅳ) when investigation agency requests.
9.4 4by4 Inc. may collect personal information that can verify identification in order to improve the quantity and quality of services provided to members upon consent of the members, and use such for marketing services through satisfaction surveys, customized services, e-commerce, communities, and call centers, etc.
10. Posting, use, etc. of contents
10.1 4by4 Inc. provides a service granting a limited worldwide, non-exclusive royalty-free license and rights to copy, transmit, distribute, publicly perform and exhibit contents through the KEYCUTstock Site, and create derivative works from user’s contents.
10.2 Members may not only obtain licenses from the Site provided by 4by4 Inc. but also edit and display their own contents by using this. Users’ contents can be stored for disputes occurred or to be occurred in the future or for investigations and legal proceedings and the license agreed with 4by4 Inc. shall remain unless a member removes such contents from the Site, and in case of removal of contents, the license shall be terminated in the reasonable period of time required for such removal in commercial practices. However, in the case of storage for legal uses and purposes, the license will survive only within the scope.
10.3 Video, images, text, audio recordings, or other contents that contains followings shall not be uploaded, posted, or transmitted:
- Contents that infringe the copyrights, other intellectual property rights, publicity rights, or privacy rights of others
- Contents that contain pornography, defamation, or other illegal or immoral content
- Contents that describe minors or exploitation of minors
- Contents that describe violent behavior or other illegal contents
- Contents that describe cruelty to animals or violence against animals
- Contents that encourage or cause fraudulent planning, fraudulent advertising or unfair competition
- Contents that violate these Terms and Conditions or other contracts with 4by4 Inc., laws, regulations or rules
- Contents that promote or advertise specific religion or ideology, or political or non-political group
- Contents that promote or advertise other services, goods, and contents, etc.
- Other contents contrary to public order and good morals
10.4 Members shall not use the same contents for any purpose other than the purpose for which they originally acquired the license to use the content. The member's use of the contents is valid only within the scope of the relevant license agreement signed separately by and between the member and 4by4 Inc. Copy, display outside the scope of the license or to the general public, transmission, publication, broadcast, distribution or us by other means or making it available a third party of watermarked or unlicensed content (whether it is a derivative work, part, consolidation or sole) shall be considered as copyright infringement.
11. Restrictions on use, etc.
11.1 4by4 Inc. may notify or warn the members regarding suspension or restriction of membership, or withdraw membership, when it is necessary due to confirmation of need of confirmation of violation of these Terms and Conditions, other contracts and laws, etc.
11.2 In order to download, copy, and/or display and distribute the contents of 4by4 Inc. KEYCUTstock, you must sign a license agreement with KEYCUTstock.
11.3 Members shall agree not to copy, repost, frame adjustment, correct, link, download, produce a derivative work, rent, lease, sell, allocate, distribute, grant license and/or resale, or reverse engineering the contents of 4by4 Inc. KEYCUTstock.
11.4 Members shall agree not to use similar data and/or image collection and extraction methods in relation to the contents of 4by4 Inc. KEYCUTstock.
11.5 All contents of this Site, including videos of 4by4 Inc. KEYCUTstock contents, etc., are protected by copyright, trademark, patent, trade secret and intellectual property laws and treaties. In the event of unauthorized use or infringement of copyright of the contents of 4by4 Inc. KEYCUTstock, it shall be violation of this contract, related laws and treaties, 4by4 Inc. and its employees, shareholders, directors, managers, members and suppliers must be indemnified by you, at your cost and responsibility, and 4by4 Inc. may claim compensation for damages from you.
11.6 In case of confirmation of violation or need for confirmation due to suspicious violation of the Terms and Conditions, other contracts and laws of a member of 4by4 Inc. KEYCUTstock Site, 4by4 Inc. may, at its discretion, block, restrict, temporarily deactivate or terminate the member's access to all or part of the Site and/or contents at any time. Members shall not engage in any actions that are deemed to interfere with the use of the Site by other members or corporations, and such actions may result in restricting, suspending, or terminating the member's access to the Site of 4by4 Inc. without notifying the member.
12. Relationship with third-party websites
12.1 If the Site is provided through a third-party platform, or if 4by4 Inc. provides a link from the Site to a third-party platform or allows a third party to connect to the Site from the platform, members shall understand and agree that 4by4 Inc. or the service “KEYCUTstock” provided by 4by4 Inc. shall make no warranty of any kind, whether express or implied, and shall not take any responsibility for the contents or practices of such third parties or platforms. Such platforms are not under the control of 4by4 Inc., and such links are provided or allowed only for the convenience of members. The inclusion or links does not imply affiliation, warranties or adoption of 4by4 Inc.
13. Disclaimer of warranty and guarantee
13.1 Members shall bear the risk of using the Site by him/herself. 4by4 Inc. provides the service "as is, as provided on the Site" in accordance with these Terms and Conditions without any kind of guarantee. 4by4 Inc. expressly disclaims the guarantee of non-infringement and commerciality of rights related to the services and contents provided.
13.2 4by4 Inc. will not guarantee that : 1) the Site meets the member's requirements; 2) the access to the Site is not interrupted; 3) the quality of the Site meets the member's expectations; and 4) the error or defects of Site, service or material will be corrected.
13.3 4by4 Inc. will not guarantee that : the Site is permitted under the jurisdiction of the member; the content submitted by the member is to be available through the Site or stored on the Site; the Site meets the requirements of the member; or 4by4 Inc. will continuously support specific functions of the Site.
14. Compensation and indemnity, etc.
14.1 Members are legally responsible for : 1) member’s KEYCUTstock Site activities and Site use; 2) member’s violation or alleged violation of Site Terms and Conditions or warranty or statements contained therein; 3) member's unauthorized use of content or infringement of the rights of others; 4) expenses, compensation for damages, other claims, and legal responsibilities (including, but not limited to, reasonable attorney's fees) for resolving issues arising from member’s acts of obstruction to 4by4 Inc. or others.
14.2 Members agree to defend, indemnify and hold harmless 4by4 Inc, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any user content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Terms and Conditions or of any representation or warranty contained herein, your unauthorized use of the Site contents, or your violation of any rights of another.
15. Children Information
15.1 Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
15.2 4by4 Inc does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.
16.1 Seoul Central District Court shall be subject to the exclusive jurisdiction of all disputes and claims arising out of or relating to this Agreement or a breach of this Agreement.
16.2 Members agree that these Terms and Conditions shall be interpreted based on English version when disputes arise on interpretation of these Terms and Conditions.
16.3 In relation to the interpretation and scope of these Terms and Conditions, and other related matters, Korean law will be applied, but if necessary, the rules of private international law may apply.
16.4 In the event of a conflict between these Terms and Conditions and the license agreement concluded with 4by4 Inc., the terms of such license agreement shall take precedence.
16.5 These Terms and Conditions shall not be interpreted in favor of or against either party, but in accordance with the fair meaning of the language used in the Terms and Conditions. If any part of these Terms and Conditions becomes invalid or unenforceable, the remainder of these Terms and Conditions will remain in force.