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Article 2 (Effect and Amendments to the TOS) 4. If the Member fails to expressly refuse the amendment by the effective date thereof, despite the notification or announcement made under Section 3 of this Article by the Company regarding assumed consent by the Member unless the Member’s refusal is otherwise expressed prior to the effective date, the Member will be considered to have provided consent to the amendment. The Member may cease to use the Service and terminate the Use Contract if the Member does not consent to the amended TOS. | Article 2 (Effect and Amendments to the TOS) (Revised) 4. If the Member fails to expressly refuse the amendment by the effective date thereof, despite the notification or announcement made under Section 3 of this Article by the Company regarding assumed consent by the Member unless the Member’s refusal is otherwise expressed prior to the effective date, the Member will be considered to have provided consent to the amendment. The Member may cease to use the Service and terminate the Use Contract if the Member does not consent to the amended TOS, in which case the termination procedures shall be subject to Article 20.
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Article 5 (Effect) 1. The Company may provide any details not stipulated herein in its ONE store website (hereinafter, referred to as “website”). In the event that the Company announces the Use Policy through "ONEstore Developer Center"(dev.onestore.net, hereinafter, referred to as “Developer Center”) and the Member consents to it, the Use Policy shall be integrated into and constitute an integral part of the sales service use contract (hereinafter, referred to as the “Use Contract”) along with the TOS. | Article 5 (Effect) (Revised) 1. The Company may provide any details not stipulated herein in its ONE store website (hereinafter, referred to as “website”). In the event that the Company announces the Use Policy through "ONEstore Developer Center" (dev.onestore.net, hereinafter, referred to as “Developer Center”) and the Member consents to it, the Use Policy shall be integrated into and constitute an integral part of the sales service use contract (hereinafter, referred to as the “Use Contract”) along with the TOS. However, if any amendment to the Use Policy or individual terms materially and adversely affects the Member, the Member may terminate the Use Contract in accordance with the procedures set forth in Article 20.
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Article 6 (Effectiveness of Sales Service Use Contract) 7. If necessary for the purpose of improving the Service quality or otherwise, the Company may differentiate the use of Service through the subdivision of Service available time, number of uses, Service menu, or other necessary items, by dividing its Members by class. 8. Consent to the TOS by a Member shall be deemed as consent to all Services provided or be provided by the Company. 9. Any and all items announced/notified by the Company to the Member through its Website or the Developer Centre in accordance with any contract, agreement, or commitment that is additionally executed by mutual agreement between the Company and the Member with respect to the TOS, or the Company’s policy changes, revision and enactment of laws and regulations or public notification or instruction by public institutions or otherwise, shall be integrated into and constitute an integral part of the Use Contract.
| Article 6 (Effectiveness of Sales Service Use Contract) (Revised) 7. If the Company does not approve or withholds approval of a membership application pursuant to the preceding paragraph, the Company shall notify the Applicant of such decision. (Revised) 8. The Use Contract shall be deemed to have been concluded at the time the Company indicates completion of the membership registration process. (Revised) 9. If necessary for the purpose of improving the Service quality or otherwise, the Company may differentiate the use of Service through the subdivision of Service available time, number of uses, Service menu, or other necessary items, by dividing its Members by class. However, such classification shall be limited to operationally necessary scopes, such as the master-sub account system set by the Member, and the Company shall not substantially restrict the Member’s use of the Service or impose unfair disadvantages without just cause on the basis of such classification. The Company shall also clearly notify Members in advance of the classification criteria and how such classification may affect the exposure or sales opportunities of content. |
Article 11 (Product) 1. Intellectual property rights and other copyright of the Product, etc. that the Member sold in the Store by using the Service shall be owned by the Member and will not be transferred to the Company. However, the company may reproduce, transmit, manage, and use copies of the product within the scope of the following purposes, and may utilize and provide the information provided by the members (excluding personal information) to ONE store's employees, subsidiaries and affiliates, consultants, and business partners. Additionally, to effectively achieve the following purposes, the company may grant the same rights to ONE store's employees, subsidiaries, affiliates, and business partners. (a) Selling and/or making the Product available to Users (b) Operation and marketing of ONE store and the Store’s Services (c) Marketing of the Service and marketing of the Products within the Store (d) Research for the improvement of the Store and the development of new Services 3. In case any problem is detected in Products the Member registered, such as incorrect information or software problems, the Member ought to solve them immediately. If the problems are not rectified promptly, the Company can suspend publishing the corresponding products and cancel the transactions that already occurred, and the Member is responsible for any expenses that incur in the process 7. The Company may extend its sale location of the Product, etc. through cooperation agreements with other websites or otherwise; provided, however, that no original or copy of the Product, etc. shall be provided to its affiliated websites in order to protect the Member’s rights. 8. Any Product, etc. that are subject to suspension of sale will not be sold at the Store; provided that the Company may retain the Product, etc. for the purpose of the management of the Service, Website and the Store including the maintenance of the previous transactions. | Article 11 (Product) (Revised) 1. Intellectual property rights and other copyrights of the Product, etc. that the Member sells in the Store by using the Service shall be owned by the Member and will not be transferred to the Company. The Company shall not acquire any ownership rights over such content. However, the Company may reproduce, transmit, manage, and use copies of the Product within the scope of the following purposes, and may utilize and provide the information provided by the Members (excluding personal information) to ONE store's employees, subsidiaries and affiliates, consultants, and business partners. To effectively achieve the purposes below, the Company may also grant the same rights to ONE store’s employees, subsidiaries and affiliates, and business partners. (a) Distribution of the Product within the Store (b) Marketing and promotion regarding the registration and availability of the Product within the Store (Revised) 3. In case any problem is detected in Products the Member registered, such as incorrect information or software problems, the Member shall rectify such defects within a reasonable period. If the defects are not corrected within such period, the Company shall provide the Member with an opportunity to explain, and considering the explanation and relevant circumstances, may suspend the sale of the Product or cancel the transactions already made only if there is a justifiable reason. Any expenses incurred in the process shall be borne by the Member. (Revised) 7. The Company may extend its sale location of the Product, etc. through cooperation agreements with other websites or otherwise; provided, however, that the Company shall not grant a secondary license to or distribute the original or copies of the Product to any third party that is not directly operated by the Company without the Member’s prior written consent, and the Member shall retain full control over the advertisement, marketing, and distribution channels of their Product. (Revised) 8. Any Product, etc. that are subject to suspension of sale will not be sold at the Store; provided, however, that the retention and deletion of related information shall be governed by Article 20, Paragraph 5. (New) 10. If the Company intends to use the Member’s trademarks, logos, or other brand identifiers, it shall obtain the Member’s prior written consent. Any commercial goodwill arising from such use shall accrue solely to the Member. These TOS do not grant any implied licenses to the Company, and all rights not expressly granted shall be reserved by the Member. (New) 11. The Company shall not, without the Member’s prior written consent, alter or modify the content, features, composition, or user experience of a Product in any way that materially affects its core attributes. The Member retains the right to maintain a consistent version of the Product across all platforms and regions. (New) 12. With respect to Products using third-party payment systems, the Company shall make reasonable efforts to avoid causing undue delay or restriction in the payment process for users, unless justified by legitimate technical or security reasons. The Company shall support, within a reasonable scope, user choice between the Company’s own payment system and third-party payment systems. (New) 13. The Member shall provide a warranty for Products only if offered voluntarily or required under applicable laws. The Company shall not require the Member to provide a warranty in other cases. |
Article 12 (Nonconforming Product for sale) 4. In the event that the Member infringes a third party’s rights, such as intellectual property rights, trademarks, etc., as provided in Paragraph 2 under Section 1 of this Article, the Company may pay an amount commensurate to the damages (the purchase price and compensation for a right holder’s emotional distress) directly to a right holder. In such case, the Company may claim against the Member for the purchase payment, compensation for emotional distress (including any other means calculable in monetary value) paid to a right holder and any and all expenses and costs incurred by the Company in relation to such procedure. | Article 12 (Nonconforming Product for sale) (Revised) 4. In the event that the Member infringes a third party’s rights, such as intellectual property rights or trademarks, as provided in Paragraph 2 under Section 1 of this Article, the Company may pay an amount commensurate to the damages (including the purchase price and any compensation equivalent to monetary value, such as for a right holder’s emotional distress) directly to the right holder. In such case, the Company may claim against the Member for such compensation paid to the right holder and any and all expenses incurred by the Company in connection with such procedure.
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Article 13 (Error correction, exchange and refund of the Product) 1. In the event that there is any defect of the Product, etc. or any flaw in safety for use, the Member shall perform a recall for all Products (i.e., error correction, exchange and refund) and shall bear all related expenses and costs related to the recall. 3. If the Member refuses a request for revocation despite the fact that the Product in question allows a revocation of transaction with a legitimate reason, or in the case that the Member does not fulfill the management obligations specified in Section 7 of Article 10, the Company, under its authority, may cancel the transaction of the Product, between the Member and Purchaser, suspend the sale of the Products, or take any other measures, after confirming the intention for revocation with the Purchaser,.
| Article 13 (Error correction, exchange and refund of the Product) (Revised) 1. In the event that there is any defect of the Product, etc. or any flaw in safety for use, the Member shall take appropriate measures such as error correction, exchange, or refund within a reasonable period specified by the Company, taking into account the complexity and severity of the issue, and shall bear all related expenses and costs related to the recall. However, if improvement through updates is reasonable and feasible considering the nature of the Product, such update may replace the recall. (Revised) 3. If the Member refuses a request for revocation despite the fact that the Product in question allows a revocation of transaction with a legitimate reason, or if the Member fails to fulfill the management obligations specified in Section 7 of Article 10 and such failure results in consumer damage, the Company may, after providing the Member with an opportunity to explain and confirming the Purchaser’s intention to revoke, take measures such as cancellation of the transaction or suspension of sale of the Product, only if there is a justifiable reason.
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Article 18 (Protection of Personal Information) 1. The Member shall not use the personal information of others, such as the Purchaser, obtained during the use of the Service, for purposes other than those set forth in the TOS. If this obligation is breached, the Member, at his/her/its responsibility and expense, shall indemnify and hold harmless the Company against all liabilities, whether civil or criminal, in accordance with applicable laws and regulations. The Company may disqualify the membership of the Member who breaches this obligation, and withdraw him/her/it from the Service. 2. The Company may, after the lapse of a certain period, no longer disclose any personal information of the Purchaser disclosed to the Member, for the protection of the information. 3. In the event that the Member discloses or misuses others’ personal information in breach of Section 1 of this Article, despite the Company’s due care for the protection of personal information, the Company shall not be liable for such disclosure or misuse. 4. In the event that any authorities, including law enforcement authorities, request the Company to submit information regarding the Member in accordance with the procedures consistent with due process under applicable laws and regulations, such as the Telecommunications Business Act, e-Commerce Act, the Company may submit the relevant information accordingly.
| Article 18 (Protection of Personal Information) (New) 1. The Company and the Member shall comply with applicable personal information protection laws (e.g., the Personal Information Protection Act, the IC Network Act, the e-Commerce Act) in accordance with their respective roles in processing users’ personal information. Their responsibilities shall be clarified as follows: (a) The Company shall collect and process personal information of users directly within the scope necessary for platform operations and shall be responsible therefor as a data processor. (b) The Member shall be solely responsible, as an independent data controller, for personal information collected directly during its contractual relationship with the user and provision of Products. (c) If the Company and the Member jointly process personal information, they shall document their respective roles and responsibilities in a separate written agreement and provide such documentation upon request. (Revised) 2. The Member shall not use any personal information of users obtained in the course of using the Service for any purpose other than those permitted under these TOS or applicable law. However, if the Company is not the data controller of the information, it shall not restrict the Member’s legitimate use of such personal information. (Revised) 3. If the Member violates Paragraph 2, they shall be liable for any civil or criminal consequences under applicable law, and shall compensate the Company for any resulting damages at their own expense. The Company may suspend or terminate the Member’s right to use the Service if necessary. (Revised) 4. To protect personal information on the platform, the Company may restrict access to a user’s personal information from the Member’s interface after a reasonable period has passed or upon the expiration of legally required retention periods. However, if the Company chooses not to provide or ceases to provide such information, it shall notify the Member in advance of the reason and scope of such decision, and such decision must be based on a legitimate purpose and in compliance with applicable laws and regulations. (Revised) 5. Despite the Company’s due care for personal information protection, if a Member violates these TOS and discloses or misuses another person’s personal information, the Company shall not be held liable for such disclosure or misuse. (Revised) 6. If government agencies lawfully request the Company to provide information about a Member in accordance with applicable procedures under laws such as the Telecommunications Business Act or the e-Commerce Act, the Company may submit such information. (New) 7. The Company may conduct verification only where there are reasonable grounds, and shall not collect or store users’ personal information in the course of such verification. The Member shall have the right to request appropriate protective measures or limitations to prevent the exposure of personal information during the verification process. |
Article 20 (Termination of Contract) 4. In the event that the Member does not consent to the Company’s alteration of the Service Fee or payment method the Member, in accordance to Section 4 of Article 2, may terminate the Use Contract by expressing an intention to refuse prior to the alteration application date. | Article 20 (Termination of Contract) (Revised) 4. In the event that the Member does not consent to the Company’s alteration of the Service Fee or payment method, the Member, in accordance with Section 4 of Article 2, may terminate the Use Contract by expressing an intention to refuse prior to the alteration application date. In such case, the Company shall promptly process the termination upon the Member’s request, and the effects of such termination and any subsequent measures shall be appropriately notified to the Member in accordance with applicable laws and this TOS. (New) 5. If any change notified or announced by the Company—such as amendments to these TOS, the Use Policy, pricing policy, or guidelines—materially disadvantages the Member or alters the essential terms of the contract, the Member may express refusal and terminate the contract prior to the effective date of such change. In such case, the Company shall promptly implement the termination and clearly inform the Member of the impact of termination, including matters related to data retention, product deletion, and settlement procedures. (New) 6. The Member may terminate the use of the Service at any time at their discretion and request deletion of their registered Products from the Store. Upon request, the Company shall delete the relevant content from the Website and the Store. Each Party shall, within an appropriate period and in accordance with applicable laws or any separate agreements, return or destroy the other Party’s intellectual property rights (IP) and confidential information. (New) 7. Notwithstanding the preceding paragraph, the Company may retain certain information scheduled for deletion within a reasonable scope for the following purposes. In particular, for paid non-game apps that grant users permanent usage rights, the Company may retain metadata, purchase records, and download history as necessary for legitimate purposes, and shall not delete such data or restrict user access solely based on the Member’s request: (a) For internal administrative purposes such as service operation, accounting, and dispute resolution; (b) For the protection of user rights, including refunds and re-downloads; (c) To comply with obligations under applicable laws such as the Act on the Consumer Protection in Electronic Commerce and the Content Industry Promotion Act. (New) 8. Neither Party shall publicly indicate or imply any partnership or cooperative relationship with the other Party after the termination of this Agreement.
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Article 21 (Indemnity) 1. In the event that the Purchaser suffers any damages for a reason attributable to the Member or his/her/its employees, agents, or persons acting on behalf of the Member through subcontract or assignment, or otherwise, the applicable Member shall be liable for compensating the Purchaser for the damages. 2. In the event that the Company suffers tangible or intangible damages, such as loss of reputation of the Company or its Website or the Store, due to the Member’s breach of the TOS, the Member shall compensate the Company for the damages. 3. The Members may claim damages against the Company separately from the termination of the Use Contract. However, this is not the case without the Company’s willful misconduct or gross negligence. | Article 21 (Indemnity) (Revised) 1. Each Party shall indemnify and hold harmless the other Party, including its officers, employees, affiliates, and agents, from and against any claims, damages, or costs (including reasonable attorneys’ fees) asserted by third parties arising out of any of the following: (a) Breach of representations and warranties by the indemnifying Party; (b) Claims arising from the indemnifying Party’s content or use of the Service; (c) Infringement of third-party intellectual property rights or other rights; (d) Violation of applicable laws or regulations, including those concerning personal data protection; (e) Bodily injury or property damage caused by the indemnifying Party’s willful misconduct or negligence.
(New) 2. Notwithstanding the foregoing, each Party shall retain the exclusive right to defend any claims for which it is responsible, and the other Party shall provide necessary cooperation in such defense. The Party asserting the claim shall provide prompt notice to the other Party before commencing any such defense.
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Article 22 (Limitation of Liability of the Company) 1. The Company will provide only the transaction system based on the Website, and the Member shall be responsible for his/her/its Product, related information and so on. The Company will not intervene in any dispute regarding a transaction between the Member and the Purchaser, and the Member shall be solely responsible for all results in connection with the dispute. Furthermore, in the event that the Company compensates a third party for damage or incurs any expenses or costs in this relation, the Company may exercise a right to demand a reimbursement from the Member. Notwithstanding the foregoing, the Company may exceptionally intervene in the applicable dispute through its Dispute Mediation Center (including customer service center) set up and operated by the Company for reasonable and smooth mediation, and the Member shall make his/her/its best effort to respect the decision of the Dispute Mediation Center under the good faith principle. 2. Upon a request from a legitimate right holder, the Company may delete or modify information on the applicable Product, and the Member shall not make claim against the Company for any related damages. 3. The Company may provide a Purchaser with a right of access to information regarding the Member in accordance with Section 2 of Article 21 of the e-Commerce Act, and the Member shall be liable for any and all matters arising out of or in connection with failure to provide information or the provision of false information. 4. The Company may temporarily suspend the provision of Service for the repair, inspection, replacement or breakdown of information and communications equipment/facilities (such as computers), for the interruption of communications service, or otherwise, and shall not be liable in this relation without the Company’s willful misconduct or gross negligence. (a) The Company shall not shift on to the Members any losses arising from any of the following transactions. Provided, however, that if the Company proves there was gross negligence or intentional misconduct on the part of the Member regarding the said transaction, the Member shall be responsible for all or part of such losses (1) A transaction conducted using a lost or stolen prepaid electronic payment method issued by One Store (2) A transaction conducted using a forged or altered prepaid electronic payment method issued by One Store 5. The Company shall not collect ideas from the Member’s registered Product, etc.
| Article 22 (Limitation of Liability of the Company) (New) 1. To the maximum extent permitted by applicable law, neither Party shall be liable to the other Party or any third party for any indirect, consequential, incidental, special, or punitive damages, or for any loss of profits, business interruption, loss of data, loss of goodwill, or cost of procurement of substitute goods or services, arising from or related to this TOS, whether in contract, tort, or under any other legal theory—even if such damages were foreseeable or the Party was advised of the possibility thereof. (New) 2. Except as otherwise expressly provided herein, neither Party shall be liable for any claims arising under these TOS in an amount exceeding the total amount actually paid by one Party to the other prior to the occurrence of the event giving rise to such claim. This limitation shall not apply to: (a) Infringement of intellectual property rights; (b) Breach of confidentiality obligations; (c) Indemnification obligations under these TOS. (New) 3. This clause shall apply to the fullest extent permitted by the applicable law of the relevant jurisdiction. If any provision is found to be unenforceable in a specific country or region, the remainder shall remain in full force and effect to the maximum extent allowed under such law. (Revised) 4. The Company will provide only the transaction system based on the Website, and the Member shall be responsible for his/her/its Product, related information and so on. The Company will not intervene in any dispute regarding a transaction between the Member and the Purchaser, and the Member shall be solely responsible for all results in connection with the dispute. Furthermore, in the event that the Company compensates a third party for damage or incurs any expenses or costs in this relation, the Company may exercise a right to demand a reimbursement from the Member. Notwithstanding the foregoing, the Company may exceptionally intervene in such dispute only if required under applicable laws and regulations, for the purpose of reasonable and smooth resolution.
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(New) Article 27 (Precedence Clause)
| (New) Article 27 (Precedence Clause) (New) Any matters not specified in these TOS shall be governed by the Terms of Service for the Developer Center. However, with respect to matters directly related to the distribution and commercial provision of Products—such as sale, provision, payment, settlement, customer support, liability, indemnification, and limitation of liability—these TOS shall prevail. |