Effective Date: October 11th, 2023
(1)“Site” means a virtual business place set up by Company in the form of website (www.keycutstock.com) or an application to trade Content by using information and communication facilities in order to transact Contents as well as a business operator operating the Site.
(3)“Member” means a person who has registered as a Member and continues to use the Services provided by Company.
(4)“Non-Member” means a person who uses the Services provided by Company without signing up as a Member.
(5)“License Agreement” means an agreement concluded by Member by agreeing to the License Agreement provided separately by Company, and it shall specify the matters on types, restrictions, representations and warranties with respect to the purchase or rental of Contents provided by Company through the Site.
(7)“Content” means any video, image, 3D graphic or other copyrighted works made available through the Site.
(8)"KEYCUTstock Trademark" means trademarks, logos, service marks, trade names, Internet domains, names or other equivalent uses that Company has registered in accordance with the relevant laws or customary laws, or any other visual representation used to identify the Services and the Site of Company, including, but not limited to, names such as KEYCUTstock.
2. Effect and Amendment
2.6Company may establish a separate Operation Policy. Company publishes the details of the Operation Policy on the Site or on the linked screen so that Users can be aware of it. In principle, the Operation Policy can be amended in accordance with Article 2.3, but if the Operation Policy is amended for any of the following reasons, it is notified in advance by being published on the Site or on the linked screen:
(2)In case of amending those matters not related to the rights and obligations of Member
3. Application, Withdrawal, and Disqualification of Membership
3.2Company may not allow a person to be registered as a Member, if the person falls under any of the followings:
(1)When there are false information, omissions, or errors in the Application Form, or other requirements for Membership registration are not met
(2)When a person uses the Services through an abnormal or indirect method in a country where Company does not provide the Services
(3)When a person applies for the purpose of engaging in an act prohibited by the relevant laws and regulations
(4)When a person applies for the purpose of impairing social well-being and public order and morals
(5)When a person intends to use the Services for illegal purposes
(6)When a person has previously lost Membership qualifications by Company
(7)When it is determined that there are any other significant technical problems in the registration of Membership.
3.3In case of any change in the information registered by Member upon signing up for Membership, Member must notify Company of the changes by means such as changing Member information.
3.4A Member can apply for withdrawal to Company at any time, and Company immediately accepts such withdrawal upon the request of Member.
3.5If a Member falls under any of the following subparagraphs, Company may limit or suspend Membership:
(1)If the reasons to refuse Membership of a person as specified in Article 3.2 occur;
(2)If Member does not make payment for Content purchased using the Site or other liabilities that Member should pay in relation to the use of the Site by the due date;
(3)If Member threatens the order of e-commerce, such as interfering with other person’s use of Site or stealing information of other person or Content;
(4)In case of engaging in the acts which infringe the intellectual property rights of other person, such as copyright;
3.6If, after restricting or suspending Membership on the Site, the same action is repeated two or more times, or if such reasons are not corrected or removed in an appropriate manner within 30 days, Company may cancel Membership. In such case, Membership registration will be cancelled.
3.7Company shall give notice to Members via e-mail address provided by Member at the time of signing up for Membership. Provided that in case of notification to unspecified number of Members, matters which do not have a significant impact on the transaction of Member can be published on the Site for more than 1 week in lieu of individual notification to Members.
3.8Members must comply with the obligations set forth in each of the following with respect to the use of the Services provided by Company:
(1)Members shall not provide false information, omit, or make errors in any Member information requested by the Site, such as the Application Form;
(2)Members must update the data, and any other information that Members provide to Company and keep it accurate, current and complete;
(3)Members must maintain the security of their accounts and passwords;
(4)Members must notify Company immediately of any unauthorized use of their account and passwords, or other breach of security;
(5)Members must accept all responsibility for any and all activities that occur while using the Services under their accounts, 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
(6)Members must be responsible for managing the information they registered on the Site or provided to Company and shall not allow other persons to use their accounts and passwords. Company is not responsible for damages caused by poor management by Members or due to their consent to use by others.
4. Provision of Services
4.1Company provides related Services such as providing information on Content, concluding a License Agreement, delivering Content for which the License Agreement has been concluded, and other Services specified by Company.
4.2If the withdrawal of Content happens ortechnical specifications of Content are changed or circumstances related to Content are changed, the details of Services provided under the agreement to be concluded in the future may change. In this case, the content of the changed Services and the relevant date will be immediately published at the place where the details of current Services are published.
4.3If Company changes the contents of the Services it has agreed to provide to Member for reasons such as changes in conditions, withdrawal, or technical specifications of Content, Company must immediately notify Members of the reasons to the address or contact information where Member can be notified. Company may compensate damages suffered by Members due to changes in Services caused by Company’s wilful or negligent act. However, this does not apply if Company can prove that it was not intention or negligence.
4.4Company may temporarily suspend the provision of Services in case of maintenance, inspection, replacement of failure, or errors in information and communication facilities such as computers. Company may compensate damages suffered by Member due to the suspension of Services caused by Company’s intention or negligent act. However, this does not apply if Company can prove that it was not intention or gross negligence.
5. Member’s Activities
5.1Members shall remain responsible for managing their accounts and passwords.
5.3In the event that a Member recognizes that your account and password have been stolen or are being used by a third party, he/she shall immediately notify Company, and if there are instructions from Company, he/she shall follow such instructions.
5.4Members shall not apply for a Membership by using false information, omitting information or making errors in the Application Form, nor sign up for Membership by stealing other people’s information
5.5Members shall not engage in any acts falling under any of the following subparagraphs. Company may immediately delete the posts which falls under any of the following:
(1)Arbitrary change of information which was posted on the Site
(2)Transmission or posting of information (program, APP, etc.) other than those specified by Company
(3)Infringement of intellectual property rights such as copyright of Company or other third party
(4)Damaging reputation of Company or a third party, or interference with business
(5)Disclosing or posting obscene or violent messages, pictures, voices, images, non-commercial publicity or propaganda, advertisements, and other information contrary to public morals
(6)Actions that infringe on the rights of Company or a third party
(8)Actions that infringe on personal information or publicity rights of a third party or engage in such infringement
(9)Actions that swear, stalk, or damage a third party on the Site
5.6If a Member violates Articles 5.3 through Article 5.5, Company may restrict, suspend or cancel Membership of such Member.
6. License Agreement
6.1Members must sign a License Agreement with Company to download, copy, display, or distribute the Content which is distributed through Company or the Site. Members may request for signing of the License Agreement with Company on the Site via the following method or other similar methods:
(1)Content search and selection;
(2)Entering required information for payment such as name of counterparty to the License Agreement, end user, country, address, phone number, e-mail address, mobile phone number, etc.;
(4)Select payment method.
6.2Unless agreed with you regarding the timing of delivery of Content, the Site will take the necessary measures to deliver Content within 7 days from the date the User place your order. However, if the Site has already received all or part of the payment for Content, the Site will take action within 5 business days of receiving all or part of the payment. At this time, the Site will take appropriate measures to allow the User to check the procedure and progress of the delivery of Content.
6.3The Site shall specify the delivery method and period, etc. for Content purchased/rented by a Member. If the Site exceeds the contractual delivery period, the Site shall compensate the Member for the resulting damages. However, this shall not apply if the Site proves that it has not been intention and negligence.
6.4Upon occurrence of any of the following, Company may not accept the application for signing a License Agreement specified in Article 6.1 and if the License Agreement has already been concluded, the Agreement may be cancelled:
(2)When acceptance of the License Agreement is not appropriate due to false information, or omission of some information.
6.5The License Agreement is deemed to have been concluded when Company’s acceptance of application for the License Agreement is delivered to Member through the Site.
6.6Imposition and payment of the price in accordance with the License Agreement is subject to the policies or methods of the electronic financial business entity, etc. that provide the payment Services. Provided that if payment is made in foreign currency, the actual amount charged may differ from the displayed price due to exchange rates and exchange commission.
6.7Matters concerning withdrawal of subscription for Content under Member's License Agreement shall be subject to each of the following subparagraphs:
(1)Members who have signed the License Agreement for Content with Company according to the License Agreement may cancel the subscription without any additional fees or penalties within 14 days from the date of executing the purchase agreement or the date when Content becomes available, whichever comes later.
(2)Notwithstanding the preceding paragraph, Members cannot cancel the subscription against the will of Company for any Content that has been downloaded in accordance with the License Agreement. Provided that Company clearly posts such information in a place where Members can easily read it and provides a free license for testing or experience of the Content, or if it is difficult to provide free license, Company provides information on the Content so that Members’ exercise of rights is not hindered. If Company does not take such measures, Members may cancel the subscription.
6.8Notwithstanding Article 7.5, if Members find that the Content downloaded according to the License Agreement is different from the Content displayed or advertised or implemented in a different way from the purchase agreement, Members may cancel the subscription within 3 months from the date when the Content becomes available, or within 30 days from the date when Members become to know or could have known the fact.
6.9In case of withdrawal of subscription in accordance with Article 7, Company will immediately retrieve the paid Content from Member, check, and refund the payment within 3 business days. In this case, if Company delays the refund, Company will pay interest calculated by multiplying by the interest rate stipulated in the Act on the Consumer Protection in Electronic Commerce Transactions, Etc. and Article 21-3 of the Enforcement Decree of the same Act for delayed period.
6.10The specific conditions of the License Agreement concluded between Company and Member shall be subject to the License Agreement provided by Company.
7. Member's Use of the Site
7.2The Site is owned by Company. Unless otherwise indicated, copyrights and other intellectual property rights to all of the Contents 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), are owned by Company, its affiliates, licensors, or its third-party image partners (the “Rights Holder”). All Contents of the Site are protected by copyright, trade dress, moral rights, right to trademark and other laws relating to the protection of intellectual property. Users may provide their feedback or other suggestions with respect to the Services provided by Company, but Company is not obliged to pay compensation for such feedback, and Company may use such feedback or suggestions without any compensation.
7.4Users may not use collection and extraction methods such as data mining, robots or similar data or images in connection with the Site or any Content on the Site.
7.5Users may not use or allow other people to use the Contents by way of copying or transmitting the Content, which are provided as an object under the License Agreement unless Users enter into a License Agreement with Company.
7.6Users may not arbitrarily remove watermarks or copyright-related notices included in the Contents on the Site or object of the License Agreement.
8. KEYCUTstock Trademarks
8.1Company does not grant any right to use the KEYCUTstock trademark to Users.
8.2Users shall not use the trademarks of KEYCUTstock in a manner that may damage the credit or reputation of Company or trademarks of KEYCUTstock or cause negative repercussions to Company.
8.3Users shall not use the KEYCUTstock trademark or variant thereof (including, but not limited to, typos), regardless of the top-level domain, as a domain name in whole or in part, or as a meta tag, keyword, other programming code or data type.
8.4Users shall not adopt or use visual expression such as words or signs that are similar or confusing with the trademark of KEYCUTstock without prior written consent of Company.
8.5Any and all looks, including look of the Site, page headers, custom graphics, button icons, or scripts, are product exterior, trademark or service mark of Company. The whole or part of the same shall not be copied, imitated or used by Users without the prior written consent of Company.
8.6All trademarks, products, company names or logos used or displayed on the Site are the property of their respective owners. Unless separately indicated, mentioning of a brand name, trademark, manufacturer or supplier, other product, services, process, or information shall not imply that Company warrants, sponsors or recommends such brand name, trademark, manufacturer or supplier, product, services, process, or information.
8.7Users may not arbitrarily remove watermarks or copyright-related notices included in the Site.
8.8If Users breach obligations related to KEYCUTstock trademarks or obligations hereunder and cause damage to Company, Company may take measures in accordance with the relevant laws.
8.9Members may not upload a link to the Site using the KEYCUTstock trademark, logo, image, or other graphics owned or provided by Company without the prior written consent of Company.
8.10Users may not show the Site or Content on the Site or image in frame or hyperlink it in hotlink without the prior written consent of Company.
9. Obligation to Protect Personal Data
9.2Company complies with laws related to personal data such as the Personal Information Protection Act and the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and processes personal data of Members accordingly.
9.3Company does not provide Members' personal data to others without Members’ consent, except for the cases requested by the competent national organization in accordance with the relevant laws.
9.4Company is not responsible for damage arising from the leakage of personal data resulting from Member’s fault.
10. Content Usage and Restrictions, and More.
10.1Company provides Services granting license for Contents through the Site, and details shall be subject to the License Agreement concluded between Company and Members. Members may use the above Content within the scope of the license granted in accordance with the License Agreement. If Members reproduce, display, disclose to the public, transmit, publish, broadcast, distribute or use other means beyond the scope of the license, or provide Content with watermark to a third party without a license (including, but not limited to, acts on the derivatives works and parts of the Content concerned), it is considered an act of infringing the copyright by Members.
10.2Members may not use All Content for videos, images, text, voice recordings, or other content that contains any of the following:
(1)Contents that are used for CI/BI, logo/trademark/mark, exhibition/contest, etc.
(2)Contents that infringe the intellectual property rights such as copyright, publicity rights, or privacy rights of others
(3)Portrait Content that violates social morals and general sentiment, such as pornography and adult advertisements, brothels, usury, prostitution, urology, plastic surgery, etc.
(4)Hype in the form of model endorsement of a particular product.
A. e.g.) Plastic surgery comparison photos (before & after)
B. Use of false statements about the model
e.g.) When used for review photos, shortcuts to reviews, treatment results, etc. that misleadingly suggest that the model in the image has undergone the procedure or product.
e.g.) When the model in the image is used by displaying a pseudonym, false identity, etc.
(5)Uses that undermine the model's personality rights
A. Defamation, such as slandering others or using them obscenely
B. Synthesizing or reprocessing images of a third party, such as body and face, etc.
C. Other uses that undermine the model's personality rights, etc.
e.g.) If it is determined that the personality rights of the model may be damaged in other services such as blind dating, finance, hospital, etc.
(6)Contents that describe exploitation of minors
(7)Contents that describe violent behavior or other illegal contents equivalent to the same
(8)Contents that describe cruelty to or violence against animals
(9)Contents that encourage or cause fraudulent or exaggerated planning, advertising or unfair competition
(11)Contents that promote or advertise specific religion or ideology, or political or non-political group
(12)Contents that promote or advertise other services, goods and contents
(13)Other contents contrary to public order and good morals
11.1The copyright of Content provided by Company's services belongs to the rightful contributors and relevant rights holders. Members are granted permission to use Content only within the scope of the purposes permitted by the type of membership and the amount paid, and the Company does not sell the copyright of the Content itself or grant the right to sublicense it.
11.2The rights including but not limited to portrait rights, property rights, copyright, trademark rights, patent rights, design rights, hereinafter referred to as "intellectual property rights, etc." of subjects (such as individuals, buildings, places, etc.) depicted in Content provided on the website may not be owned by Company. (e.g., the portrait rights of individuals in a crowd, property rights of background buildings, etc.) Therefore, for certain subjects in Content where the existence of intellectual property rights, etc., is in doubt depending on the usage, members may need to directly acquire the relevant rights before using them. In cases where Members use such subjects without prior consultation with Company and disputes arise with third parties regarding these rights, Company shall not assume any responsibility, and all responsibility shall rest with Member. Members must indemnify Company against any claims by the third parties arising from such use.
12. Relationship with Third-party Websites
12.1Company may allow the Site to be provided or connected through a third-party or a third-party platform, and Company provides a link from the Site to a third-party platform. Provided that Company 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 third-party platforms. Such third party or third-party platforms are not under the control of Company, and such links are provided only for the convenience of Members.
13.2Company does not warrant any of the following:
(1)Site meets all the needs requested by Users;
(2)Access to the Site is not interrupted;
(3)Quality of the Site meets Users’ expectations;
(4)Error or defects of the Site, the Services or material will be continuously corrected
(5)Use of the Site is permitted in the User’s country or region;
(6)Content provided by Users will be available through the Site or stored on the Site; and
(7)Company will continuously support specific functions of the Site.
13.34by4 Inc. does not guarantee the following That the Site is permissible in Member's jurisdiction; that content submitted by Member will be available through the Site or stored on the Site available through the Site or stored on the Site; that the Site will meet Member's requirements; or that 4by4 Inc. will continue to support any particular feature of the Site. support for any particular feature of the Site
14.1Users have the following legal obligations or liabilities:
(1)Legal obligations or liabilities arising out of Site activities and Site use;
(3)Legal obligations or liabilities arising out of unauthorized use of Content or infringement of the rights of others;
(4)Expenses, compensation for damages, other claims, and liabilities (including, but not limited to, reasonable attorney's fees) for resolving issues arising from acts of infringement of rights of Company or others, or obstruction to exercising such rights.
(5)In the event that Company is unable to provide the services due to force majeure, war, or other acts of God, Company shall be exempt from liability for the provision of services.
(6)Company shall be exempt from liability in the event that damages arise due to the interruption of telecommunications services by a telecommunications service provider or the failure to provide telecommunications services in a normal manner.
(7)Company shall be exempt from liability for damages arising from unavoidable circumstances such as maintenance, replacement, routine inspections, construction, or other necessary reasons related to the service equipment.
(8)Company shall not be liable for service interruptions or damages resulting from the fault or causes of User.
(9)Company shall not be responsible for the accuracy, reliability, or any other aspect of the keyword information provided to User in Content.
15. Compensation for Damage
15.1Unauthorized reproduction, unauthorized use, or actions that deviate from the provisions stipulated in this Agreement (such as exceeding the scope of use or violating usage restrictions when using content) with respect to Content provided in the Service constitute copyright infringement under copyright laws and relevant regulations. In such cases, the Member shall indemnify Company for any resulting damages, and if the damages exceed those incurred by Company, the Member shall also compensate for the excess damages. In the event that a third party claims damages against Company due to Member's aforementioned actions, Member shall indemnify Company at their own expense.
16. Information on Minors Under 14
16.1Company will endeavour to protect children under the age of 14 with respect to the use of the Site.
16.2Company does not knowingly collect any personal information from children under the age of 14. If guardian of children under the age of 14 believes that children have provided personal information to Company, he/she may immediately notify Company of such fact, in this case, Company will remove the personal information of children under the age of 14.
17. Dispute Resolution Regarding the Service
17.1Company promptly addresses the opinions or grievances of Members related to the use of the Service. However, if prompt resolution is difficult, Company shall provide notice of the reasons and the processing schedule.
17.2Disputes arising between Company and Members can be resolved through the mediation procedure of the Electronic Transactions Dispute Mediation Committee established under the Electronic Transactions Basic Act.
18.1Disputes arising in relation to e-commerce between Company and Users shall be brought to the competent court which has jurisdiction over the dispute in accordance with the procedures stipulated in the laws.
1.1This Agreement shall become effective from October 11, 2023.
1.2In principle, Licensee who has already been granted the license before the effective date of this Agreement shall be subject to the existing Agreement. Provided that if Licensee uses the service in accordance with this Agreement after the effective date hereof, the amended Agreement will be applicable.