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Chapter 1 General Provisions
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Article 1 (Purpose)
The purpose of these Terms and Conditions is to prescribe the terms and conditions of use, procedures, rights, duties, and responsibilities of the user and the service, and other necessary matters concerning the use of the Sound Source Manager (http://manage.riak.or.kr, hereinafter referred to as the "Sound Source Manager") provided by the Recording Industry Association of Korea (hereinafter referred to as the “Association”).
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Article 2 (Indication and Amendment of Terms and Conditions)
- ① The "Association" shall post the contents of these Terms and Conditions, its address, the name of its representative, the name of the person in charge of personal information management, contact information (telephone, fax, e-mail address, etc.) on the initial screen (front) of the service so that the user can know them.
- ② The "Association" may amend these Terms and Conditions to the extent that it does not violate relevant laws such as the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Transactions, the Electronic Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the Act on Door-to-Door Sales, etc., the Consumer Protection Act, and the Copyright Act. When amending the Terms and Conditions, the effective date, etc. shall be specified and announced on the service together with the current Terms and Conditions from 7 days before the effective date to the day before the effective date.
- ③ The "Association" will provide the service to you on the condition that you agree to the contents of these Terms and Conditions, and if you agree to the contents of these Terms and Conditions, these Terms and Conditions will be applied preferentially to all acts related to the provision of sound sources of the service and your use of the service.
- ④ Agreeing to these Terms and Conditions means agreeing to regularly visit the service to check for changes in the Terms and Conditions. The service is not responsible for any damage to the user caused by not knowing the information about the changed Terms and Conditions.
- ⑤ A member of the service may request withdrawal (termination) from membership if he/she does not agree to the changed Terms and Conditions, and if he/she does not express his/her intention to refuse even after 7 days from the effective date of the changed Terms and Conditions and continues to use the service, he/she shall be deemed to have agreed to the changes in the Terms and Conditions.
- ⑥ Matters not specified in these Terms and Conditions shall be governed by the relevant laws and regulations if stipulated therein, and otherwise by general custom.
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Article 3 (Definition of Terms)
The definitions of terms used in these Terms and Conditions are as follows:
- ① User: A person who has subscribed to the service
- ② User ID: A combination of letters and numbers set by the user at the time of concluding the use contract for user identification and the user's use of the service
- ③ Password: A combination of letters or numbers set by the user himself/herself to protect the user's secrets
- ④ Terminal: A device such as a personal computer installed by the user to receive the service
- ⑤ Service Use: The user's use of information by accessing the main computer of the "Association" using a terminal, and the use of sound source content by means of transmission and reproduction
- ⑥ Use Contract: A contract concluded between the "Association" and the user under these Terms and Conditions to receive the service
- ⑦ Subscription: The act of completing the service use contract by filling in the relevant information in the application form provided by the service and agreeing to these Terms and Conditions, etc.
- ⑧ Withdrawal (Termination): The act of a member terminating the use contract
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Chapter 2 Service Use Contract
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Article 4 (Scope of License)
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① The scope of the license for this service is as follows:
- 1. The license period is 6 months. However, the license period may be extended or renewed in accordance with the user's application for use (renewal) under Article 6.
- 2. The act of transmitting and reproducing sound source content information, receiving sound source content, and making sound source announcements for services within the scope of the license by concluding a license agreement with the "Association" in advance.
- 3. The act of transmitting and reproducing for the purpose of obtaining prior approval from the "Association" for the use of this service or for a separate license agreement.
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① The scope of the license for this service is as follows:
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Article 5 (Establishment of Use Contract)
- ① The use contract is established by the service's acceptance of the terms and conditions for the user's application for use.
- ② When a user applies for use pursuant to the provisions of Paragraph 1, it shall be in writing on the application form for permission to use the Sound Source Manager, and shall include matters entered in an electronic manner [meaning entering data by accessing the information processing device such as the server of the "Association"] that the "Association" needs for user management.
- ③ The use contract is concluded on a user ID basis, and the conclusion unit must be one or more user IDs.
- ④ A contract for special service use, such as mass use of the service, shall be a separate contract.
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Article 6 (Application for Use)
The definitions of terms used in these Terms and Conditions are as follows:
- ① To subscribe as a member to use the service, you must apply for a license to use the Sound Source Manager and agree to the service user's personal information protection guidelines and these Terms and Conditions, and you will be deemed to have completed your membership subscription only if you have obtained prior permission from the "Association" to use the sound source content.
- ② A person who wishes to use the service must record the required items in accordance with the service's application form online.
- ③ After subscribing as a member, you may withdraw (terminate) your membership if you have reasons such as not intending to receive the services provided by the service.
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Article 7 (Reservation of Acceptance of Use Contract)
The definitions of terms used in these Terms and Conditions are as follows:
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① The "Association" may reserve its acceptance of the use contract in any of the following cases:
- 1. When there is no room in the facilities
- 2. When there is a technical problem
- 3. When it is deemed necessary for the efficient operation of the service, etc.
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② The "Association" may refuse an application for a use contract that falls under any of the following subparagraphs:
- 1. When the application is not for the subject of use application
- 2. When an application for use is made using another person's name
- 3. When the contents of the use contract application form are falsely stated
- 4. When a separate license agreement for sound source content has not been concluded or the agreement has not been fulfilled under the Copyright Act and the regulations of the "Association"
- 5. When a person has infringed on rights in violation of the Copyright Act or there is a risk of infringement
- 6. When an application for use is made for the purpose of undermining copyright protection, public peace and order, or good morals and customs
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① The "Association" may reserve its acceptance of the use contract in any of the following cases:
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Article 8 (Notification of Change of Contract Matters)
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① The user shall notify the "Association" of any change in the following information within 7 days from the date of the change:
- 1. Personal history (trade name, address, representative's name, contact information, etc. as stated at the time of application)
- 2. Other matters recognized by the "Association"
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① The user shall notify the "Association" of any change in the following information within 7 days from the date of the change:
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Chapter 3 Use of Service
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Article 9 (Service Hours)
- ① The service hours shall be 24 hours a day, 365 days a year (00:00-24:00) in principle, unless there is a special problem with the "Association's" business and technology. However, this shall not apply to the days or hours set by the "Association" for necessary reasons such as regular inspections.
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Article 10 (User ID, etc.)
- ① The user ID and password shall be granted by the "Association" upon approval of subscription.
- ② The user is solely responsible for all management of the user ID and password.
- ③ Under no circumstances may the user share, transfer, or change the user ID.
- ④ The user is solely responsible for any negligence in the use of the service arising from the user ID assigned to the user or for any fraudulent use by a third party.
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Article 11 (Restriction on Service Use and Termination of Use Contract)
- ① When a user wishes to terminate the service use contract, he/she must apply for termination in writing.
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② The use of this service is restricted to the purpose for which the "Association" and the user have previously agreed to a license agreement or approved use, and the "Association" may terminate the use contract or restrict the provision of all or part of the service without prior notice if the user falls under any of the following subparagraphs:
- 1. When using another user's user ID
- 2. When interfering with the stable operation of the service by transmitting a large amount of information
- 3. When distributing computer virus programs, etc. that cause malfunction of information and communication facilities or destruction of information, etc.
- 4. When arbitrarily using or commercially using the information obtained through the service for purposes other than the scope of the "Association's" license
- 5. When the "Association" otherwise deems it inappropriate
- 6. When the service has not been used for 6 months without a special reason
- ③ The specific criteria for restricting the use of the user, the type and period of restriction, etc. in accordance with the provisions of the preceding paragraph shall be separately determined in the public notice, service use guide, etc.
- ④ The information of the user whose use has been terminated may be stored separately for 1 year after termination as data for service improvement.
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Article 12 (Suspension and Restriction of Service Provision)
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① The "Association" may suspend the provision of the service in any of the following cases:
- 1. In case of unavoidable circumstances due to maintenance or construction of service facilities
- 2. When a facilities-based telecommunications business operator stipulated in the Telecommunications Business Act suspends telecommunications services
- ② The "Association" may suspend or restrict the provision of the service when there is a problem with the use of the service due to a national emergency, failure of service facilities, or congestion of service use.
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① The "Association" may suspend the provision of the service in any of the following cases:
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Article 13 (Personal Information Protection)
- ① The "Association" shall protect the personal information of the user provided in accordance with relevant laws such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and personal information generated during the use of the service.
- ② The person in charge of managing this service is the head of the management department, and the name of the person in charge of personal information management shall be announced separately or posted in the service guide.
- ③ When using this service, the user's login information is automatically collected upon collection and transmission/reproduction of information.
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④ The act of a user providing his/her personal information to this service by means of transmission, etc. shall be deemed to be consent to the collection and use of personal information by the "Association", and the purpose of collecting and using the user's personal information of this service is as follows:
- 1. Fulfillment of the use contract, such as provision of services
- 2. Maintenance of the license agreement, creation of marketing information, and guidance for each user
- 3. Transmission or mailing of public notices
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⑤ The "Association" shall not provide personal information to a third party without the separate consent of the user. However, in the following cases, the "Association" may provide the user's personal information to a third party without the user's separate consent:
- 1. In case of providing personal information such as name and address to a national investigation agency for the purpose of cooperation in an investigation when there is a written request from an investigation agency for the purpose of investigation
- 2. When there are special provisions in laws such as the Act on the Use and Protection of Credit Information and telecommunications-related laws
- 3. When necessary for statistics, academic research, or market research, and provided in a form that cannot identify a specific individual
- ⑥ The user may view his/her personal information and may change it, such as by correcting errors. Viewing and changing shall be done in the same way as applying for use in principle, and the detailed method shall be in accordance with the provisions of the public notice guide of this service.
- ⑦ The user may withdraw his/her consent to the collection and use of personal information, separate consent to use for purposes other than the intended purpose, and separate consent to provision to a third party by terminating the use contract, and the method of termination shall be in accordance with the provisions separately stipulated in these Terms and Conditions.
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Article 14 (User's Obligations)
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① When using the service, the user shall not perform any of the following acts:
- 1. The act of illegally using another user's user ID
- 2. The act of using the information obtained by using the service even after the termination of the license for this service
- 3. The act of transmitting or reproducing the information obtained by using the service for purposes other than the separate license agreement without the prior consent of the "Association", or arbitrarily providing it to a third party
- 4. An act that is judged to be connected with an anti-national, anti-social, or criminal act
- 5. An act that infringes on the copyrights and other rights of the "Association", other users, or third parties
- 6. Other acts that violate relevant laws and regulations
- ② The user shall comply with the matters stipulated in these Terms and Conditions and the service use guide or precautions.
- ③ The terminal, etc. installed by the user must conform to the standards set by the rules on technical standards for telecommunications facilities and must not interfere with the service.
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① When using the service, the user shall not perform any of the following acts:
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Chapter 4 Service Use Fee
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Article 15 (Use Fee)
① The service use fee for this service is free. However, if the use fee becomes charged according to the policy of the "Association", it will be posted through the public notice guide of this service.
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Chapter 5 Copyright
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Article 16 (Rights to Sound Source Content Data)
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① The rights to the data posted on this service are as follows:
- 1. With respect to the copyright of the posts of the Sound Source Manager, all intellectual property rights (copyrights, patent rights, utility model rights, trademark rights, design rights, and other industrial property rights, and all other rights protected by relevant laws and regulations) for the database information and the actual objects, originals, and other intellectual property of the neighboring works belong to the Recording Industry Association of Korea.
- 2. The user may not use the data posted on the service for commercial purposes, such as processing and selling the information obtained by using this service, without a separate license agreement, and may not provide the rights of this article to a third party for any reason, such as sale, transfer, gift, or donation.
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① The rights to the data posted on this service are as follows:
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Article 17 (Exclusion from Application)
- ① A license for this service shall not be interpreted as a license for a transaction agreement between the user and a third party (the general public) with respect to the exclusive rights that the "Association" has under the Copyright Act, and these Terms and Conditions shall not apply.
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Chapter 6 Prohibition of Objection and Claim for Damages
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Article 18 (Prohibition of Objection)
- ① The user may not file an objection or a civil complaint for any problem that occurs when using the service provided by this service during the free use period.
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Article 19 (Damages)
- ① The user may not claim damages from the "Association" and related organizations for any problem that occurs when using the service provided by this service during the free use period, and the "Association" shall not be liable therefor.
- ② The user shall be fully responsible for the use of the information and the sound source content transmitted and reproduced provided by this service in accordance with these Terms and Conditions, and shall compensate the "Association" for any damages if he/she violates the Terms and Conditions or uses them illegally.
- ③ Damages under this Article shall not affect the compensation for damages for infringement of rights under the Copyright Act for the sound source content managed by the "Association".
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Article 20 (Dispute Resolution)
- ① Matters not stipulated in this agreement or any dispute in interpretation shall be resolved through consultation between the parties first, and if no agreement is reached, it shall be resolved in accordance with relevant laws and commercial practices.
- ② The Seoul Western District Court shall have exclusive jurisdiction over the first instance of any civil lawsuit related to the conclusion and performance of this agreement.
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Addendum
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Article 1 (Effective Date)
These Terms and Conditions shall enter into force on the date of conclusion of the contract.
* The copyright for these Terms and Conditions belongs to the "Association" and unauthorized reproduction, distribution, transmission, and other copyright infringement are strictly prohibited.
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