Effective Date: May 12, 2022

The current Terms of Use is posted below (last updated: April 12, 2022). Click here to view the previous version

The purpose of these Terms of Use is to specify the rights, obligations and responsibilities of Company and Users, when Users use KEYCUTstock Services provided by 4by4 Inc. (“Company”) via its website (www.keycutstock.com), related software, app or plugin. Please check these Terms of Use carefully before Users use this Site.

These Terms of Use are not intended to alter the terms or conditions of any License Agreement that Users may sign with Company, its subsidiaries or affiliates. In case of any conflict between these Terms of Use and the License Agreement, the License Agreement will prevail.

Users shall represent and warrant that Users are over the age of 14 and are lawfully able to conclude these Terms of Use in accordance with the relevant laws and these Terms of Use. If Users are using the Site on behalf of any entity, a person who accepts these Terms of Use shall further represent and warrant that the person is authorized to lawfully conclude these Terms of Use in accordance with these Terms of Use, and that such entity agrees to indemnify Company for violations of these Terms of Use.

1. Definitions

1.1The definitions of terms used in these Terms of Use are as follows:

(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.

(2)“User” means Member and Non-member who access the Site and is provided the Services by Company in accordance with these Terms of Use.

(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.

(6)“Services” means the services provided by Company to Users through the Site as set forth in these Terms of Use.

(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.

1.2Except for those set forth in these Terms of Use, definitions used in these Terms of Use shall be subject to the relevant laws and regulations and operation policy, and those otherwise specified shall be in accordance with commercial practices.

2. Effect and Amendment

2.1Company shall display the details of these Terms of Use as well as (i) Company’s name and name of the representative, (ii) business address (including the address where User complaints can be handled), (iii) phone number, e-mail address, (iv) business registration number, (v) report number for online marketing business, and (vi) personal information processing policy on the Site for Users to easily recognize them. Provided that these Terms of Use and personal data processing policy may be viewed through the linked screen.

2.2Users will agree to and be bound by these Terms of Use and all the other matters necessary for the application of these Terms of Use and matters entrusted with a specific scope in the Terms of Use (“Operation Policy”). In case Users do not agree with all the conditions contained in these Terms of Use, they shall not use this Site.

2.3In case of amendment (except for provisions which do not affect the contents of these Terms of Use, such as correction of typos or spaces) of the Terms of Use, Company shall publish it on the Site or its linked screen specifying the effective date, details of amendment, and reason for such change 7 days prior to the effective date and announce them to Users. However, in case of adverse change to Members, or in case of material change, such announcement shall be published with a grace period of at least 30 days in advance and notified to Members in ways specified in these Terms of Use. In this case, the Site shall clearly compare the Contents before and after the amendment and display it for Members to easily understand.

2.4In case of amending these Terms of Use, Company checks whether Member agrees to the application of the amended Terms of Use after notifying Members of the amendment, but Company will also announce or notify the fact that Members can be considered to agree on if Member does not express his/her intention to consent or refuse to consent to amendment. If Member does not express his/her intention for refusal by the effective date of these Terms of Use, Member will be deemed to have agreed to the amendment. If Member does not agree to the amendment, Company or Member may terminate the services agreement.

2.5Matters not specified in these Terms of Use and the interpretation of these Terms of Use shall be in accordance with the relevant laws such as the Act on the Consumer Protection in Electronic Commerce transactions, Etc., the Act on the Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and commercial practices.

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:

(1)In case of amending those matters delegated by setting the specific scope of these Terms of Use

(2)In case of amending those matters not related to the rights and obligations of Member

(3)If the Operation Policy is not fundamentally different from the contents set forth in these Terms of Use and if the Operation Policy is amended to the extent that it is foreseeable to Member.

3. Application, Withdrawal, and Disqualification of Membership

3.1Users apply for Membership by filling the information in the form prescribed by Company (the “Application Form”) and expressing his/her intention to agree to these Terms of Use. Users can be registered as Members only when Company approves its application. Membership will be established when Company’s acceptance is delivered to Company.

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;

(5)In case of any actions prohibited by laws, these Terms of Use, License Agreement, or other contracts that Member has concluded with Company or against public order and morals by using the Site.

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.

3.9If a Member is suspected of violating these Terms of Use, other agreements and laws, or if Company confirms Member's violation, Company may restrict Member’s use of the Site. The specific reasons, method and procedures for restrictions on use will be specified in the Operation Policy. Company will not indemnify Member from any damages caused by the restriction on use if it is found that such restriction can be justified.

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 quality or technical 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, quality, 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.

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 wilful or negligent act.

5. Intellectual Property Rights

5.1Users who infringe other person’s intellectual property rights such as copyrights may be punished under the relevant laws such as the Copyright Act, and Company may take appropriate actions such as restricting, suspending or cancelling Membership qualification.

5.2If Content provided on the Site or Content which is subject to the License Agreement infringes intellectual property rights such as copyrights owned or controlled by Users, Users may notify Company of such fact to the contact information set forth below. In this case, after checking the matters notified, Company may take measures to prevent repeated or further infringement, such as requesting deletion of posts, if necessary.

6. Member’s Activities

6.1Members shall remain responsible for managing their accounts and passwords.

6.2Members shall not allow a third party to use their accounts and passwords. In the event of violating these Terms of Use or other contracts signed with Company due to the use of a third party, Company may immediately restrict or suspend Membership or cancel such Membership. Members are responsible for any damages of Company due to the use of Member’s account and password by a third party.

6.3n 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.

6.4MeMembers 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.

6.5Members 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

(7)Actions that violate the laws, these Terms of Use and other contracts with Company

(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

6.6If a Member violates Articles 6.3 through Article 6.5, Company may restrict, suspend or cancel Membership of such Member.

7. License Agreement

7.1Members 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.;

(3)Confirmation of and consent to these Terms of Use and License Agreement (including matters concerning withdrawal of subscription and other matters concerning payment. Members are required to check the scope of the license purchased);

(4)Select payment method.

7.2Upon occurrence of any of the following, Company may not accept the application for signing a License Agreement specified in Article 7.1 and if the License Agreement has already been concluded, the Agreement may be cancelled:

(1)When Members’ application for License Agreement is contrary to the laws, these Terms of Use, or public order and morals;

(2)When acceptance of the License Agreement is not appropriate due to false information, or omission of some information.

7.3The 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.

7.4Imposition 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.

7.5Matters 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 7 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.

7.6Notwithstanding 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.

7.7In 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.

7.8The specific conditions of the License Agreement concluded between Company and Member shall be subject to the License Agreement provided by Company.

8. Member's Use of the Site

8.1TUsers can access the Site and use the Services according to these Terms of Use and the License Agreement. Company is the sole owner of all rights, ownership and interests of the Site including the intellectual property rights, and also holds rights that are not expressly specified in these Terms of Use. Company may modify, replace or discontinue the Site in accordance with these Terms of Use.

8.2The 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.

8.3Members shall not use the Contents of the Site for the purpose of creating profits or allow other people to use them by way of copying or transmitting (including editing, publication, performance, distribution, broadcasting, creation of derivative works, downloading, distribution, display or copying, hereinafter the same) without the prior consent of the Rights Holder. Unauthorized use of Content on the Site in violation of the obligation hereunder shall constitute violation of these Terms of Use, or related laws. Except as stipulated in these Terms of Use or the License Agreement signed separately between Members and Company, Company shall not grant Users rights to copy, repost, frame adjustment, link, download, transmit, modify, adjust, produce derivative works, lease, rent, grant license, sell, resell or reverse engineer.

8.4Users 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.

8.5Users 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.

8.6Users may not arbitrarily remove watermarks or copyright-related notices included in the Contents on the Site or object of the License Agreement.

9. KEYCUTstock Trademarks

9.1Company does not grant any right to use the KEYCUTstock trademark to Users.

9.2Users 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.

9.3Users 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.

9.4Users 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.

9.5Any 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.

9.6All 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.

9.7Users may not arbitrarily remove watermarks or copyright-related notices included in the Site.

9.8If 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.

9.9Members 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.

9.10Users 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.

10. Obligation to Protect Personal Data

10.1Company strives to protect personal data of Members in accordance with the relevant laws, and the protection and use of personal data shall be subject to the relevant laws and Company's Privacy Policy. Provided that Company's Privacy Policy does not apply to linked services other than the Services provided by Company.

10.2Company 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.

10.3Company 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.

10.4Company is not responsible for damage arising from the leakage of personal data resulting from Member’s fault.

11. Posting and Use of Contents

11.1Company 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.

11.2Members may upload, edit or display their own Contents by using the Site. Company may store Users’ Contents for disputes that may arise or for investigations and legal proceedings.

11.3Members allow Company to use Members’ contents uploaded, edited or displayed through the Site in the following manner and under the following terms and conditions:

(1)Company may use, modify by way of editing it or otherwise modify the content (It can be used in any forms such as publication, reproduction, performance, transmission, distribution, broadcasting, creation of derivatives works, etc. and there is no limit to the use period or area).

(2)Company does not sell, rent, or transfer the content for the purpose of transaction without the prior consent of Users who created the Content.

11.4Permission granted by Member to Company in accordance with Article 11.3 will be maintained unless Member deletes the Content from the Site. In the case of deleting the Content, the permission granted by Member to Company is deemed to be terminated within a reasonable period necessary for the deletion of the Content by Company. Provided that notwithstanding the deletion by Member, Company may store the content for legal use or purpose in accordance with these Terms of Use or the relevant laws.

11.5Members may not upload, edit, post or transmit video, images, text, audio recordings that contain any of the following, or other contents through the Site:

(1)Contents that infringe the intellectual property rights such as copyright, publicity rights, or privacy rights of others

(2)Contents that contain pornography, defamation, or other illegal or immoral content equivalent to the same

(3)Contents that describe exploitation of minors

(4)Contents that describe violent behaviour or other illegal contents equivalent to the same

(5)Contents that describe cruelty to or violence against animals

(6)Contents that encourage or cause fraudulent or exaggerated planning, advertising or unfair competition

(7)Contents that violate these Terms of Use or other contracts with Company, relevant laws, regulations or rules

(8)Contents that promote or advertise specific religion or ideology, or political or non-political group

(9)Contents that promote or advertise other services, goods and contents

(10)Other contents contrary to public order and good morals

11.6All Contents in the Site are protected by copyright, trademark rights, patent rights, trade secret or other intellectual property right-related laws and treaties. In the event of unauthorized use of Content in the Site or infringement of intellectual property rights such as copyright, it shall be deemed as a violation of these Terms of Use, relevant laws and treaties. Users shall indemnify Company or a thirty party with legitimate right, at its own cost and responsibility, and Company may claim compensation from User for damages arising from infringement or violation.

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. Disclaimer

13.1User shall bear the risk of using the Site by him/herself, and Company provides the Services "AS IS, as provided on the Site" in accordance with these Terms of Use unless Company provides any other warranty. Company expressly disclaims the warranties of non-infringement of rights related to the Content and merchantability of the Services and Contents provided.

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. indemnity

14.1Users have the following legal obligations or liabilities:

(1)Legal obligations or liabilities arising out of Site activities and Site use;

(2)Legal obligations or liabilities arising out of violation warranty or statements contained in these Terms of 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.

14.2Users shall defend, indemnify and hold harmless Company, its subsidiaries, affiliates, licensors, employees or agents, other third party information providers and independent contractors from and against any damages arising out of or related to any contents that Users post, store or otherwise transmit on or through the Site, Users’ conduct, use or inability to use the Site, Users’ breach of these Terms of Use or of any representation or warranty contained herein, Users’ unauthorized use of Content in the Site, or Users’ violation of any rights of others.

15. Information on Minors Under 14

15.1Company will endeavour to protect children under the age of 14 with respect to the use of the Site.

15.2Company 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.

16. Miscellaneous

16.1Disputes 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.

16.2Users agree that these Terms of Use shall be interpreted based on the English version of these Terms of Use when a dispute arises with respect to the interpretation of these Terms of Use.

16.3In relation to the interpretation and scope of these Terms of Use, and other related matters, the laws of the Republic of Korea will govern, but if necessary, the Act on Private International Law may apply.

16.4In the event of a conflict between these Terms of Use and the License Agreement concluded with Company, the terms of the License Agreement shall take precedence.

16.5These Terms of Use shall not be interpreted in favour of or against either party, but in accordance with the fair meaning of the language used in the Terms of Use. If any part of these Terms of Use becomes invalid or unenforceable, the remainder of these Terms of Use will remain in force.