[Kids Note Terms of Use]

Article 1 (Purpose)

The purpose of these Terms of Use (hereinafter referred to as “Terms of Use”) is to provide for the rights, obligations, and responsibilities of Kids Note, Inc. (hereinafter referred to as the “Company”) and its members (hereinafter referred to as “Member(s)”) and other necessary matters, in relation to Members’ use of the services (hereinafter referred to as “Services”) provided by Kids Note Internet Web site and Kids Note mobile applications, both of which are managed by the Company.

For the avoidance of doubt, these Terms of Use shall also apply to electronic commerce transactions using PC online communications, wireless, smartphone or iPhone applications, etc., unless these Terms of Use are contrary to the nature thereof.

Article 2 (Notification, Explanation, and Revision)

  1. The Company shall post on the initial display page of Services at the Web site the provisions of these Terms of Use, the Company’s trade name, representative’s name, address of the place of business, telephone number, facsimile number, e-mail address, business registration number, etc., in such a manner that Members can view the same with ease. Notwithstanding the foregoing, the detailed provisions hereof can be viewed by Members through the link screen.
  2. These Terms of Use may be modified by the Company, to the extent that such modification hereto does not violate applicable laws, including without limitation the Regulation of Standardized Contracts Act, Act on Promotion of Information & Communication Network Utilization and Information Protection, etc., Act on the Consumer Protection in the Electronic Commerce Transactions, etc., Framework Act on Electronic Commerce Transactions, Digital Signature Act, and Framework Act on Consumers.
  3. When the Company intends to modify these Terms of Use, the Company shall give public notice of the proposed modification, together with the then current Terms of Use, by stating the effective date of and reason for such modification, commencing on the date 15 days prior to the effective date thereof and for a considerable period following the aforementioned effective date. In addition, the Company shall clearly notify Members of such modification hereto, by sending an e-mail addressed to each Member’s e-mail address or through the bulletin board. If a Member fails to express his/her intent to refuse such modification hereto within the period beginning on the date of the aforementioned public notice and ending on the date 7 days after the effective date of such modification, the Member shall be deemed to have approved the modified Terms of Use. If a Member does not agree to any of the modified Terms of Use, the Member may then terminate the use agreement. If the existing Terms of Use cannot be applied because of special circumstances, the Company may terminate the service use agreement.
  4. All matters that are not expressly provided herein and the interpretation hereof shall be subject to the provisions of applicable laws (including but not limited to the Act on the Consumer Protection in the Electronic Commerce Transactions, etc.) and generally accepted commercial practices.

Article 3 (The Company’s Obligations)

  1. The Company shall not engage in any activity that is prohibited by applicable laws and/or these Terms of Use or are not against good public morals, and shall make its utmost effort to provide its Services on a continuing and stable basis.
  2. The Company shall endeavor to protect Members’ personal information (including credit information) and also disclose and comply with its privacy policy so that Members can safely use the Services.
  3. The Company shall furnish itself with the necessary human resources and system to properly handle users’ complaints or requests for a remedy of damages possibly arising in relation to their use of Services.
  4. The Company shall handle opinions or complaints made or raised by Members in relation to their use of Services if they are deemed justifiable.

Article 4 (The Company’s Rights)

  1. The Company shall have the right, and the obligation, to screen, refuse, retrieve, isolate, delete, or remove the content (hereinafter referred to as “content”) provided through its Services. The Company reserves all legal rights to and interest in all software comprising its Services, including but not limited to all intellectual property in such software.
  2. To provide the Services in a safe and regular manner, the Company should be granted by Members certain rights in the content provided by Members (“Member-provided content”). For these reasons, Members hereby agree to grant the Company the right to modify, reproduce, and distribute into or through its Services such Members’ content provided by Members using the Services. In addition, Members also agree that the Company may (i) allow a third party having certain contractual relationships with the Company in relation to the provision of the Services to use such Member-provided content for the purpose of providing the Services; (ii) assign its rights to such Member-provided content to a third party; and (iii) allow a third party to use such Member-provided content so as for the Company to comply with any of its legal obligations.
  3. Parent Members shall have all rights to the Member-provided content, except those rights thereto granted to the Company herein. The Company shall not disclose any of Member-provided content without the consent of the Member him/herself; provided, however, that the Member is deemed to have given his/her consent to the Company’s use, display, distribution, and modification of Member-provided content if the Member has provided the same for sharing purposes or already given his/her consent thereto.
  4. The Company may at its discretion terminate or place into the dormant state a Member’s use of the Services or his/her account, with or without notice, for the following reasons including without limitation when the Member concerned has engaged in any acts detrimental to the Services or against the Company’s policy:
    1. Has breached these Terms of Use and/or any other individual contract;
    2. Has requested the Company to delete his/her account or has deleted the same by himself;
    3. Has not used the Services for 3 years or longer;
    4. Has failed to pay any of the expenses because of the Company or a third party in relation to his/her use of the Services; or
    5. The Company is requested by a government agency to do so or otherwise.

Article 5 (Members’ Rights and Obligations)

  1. A Member shall only reserve all intellectual property in and other rights to the Member-provided content provided, posted, or indicated by that Member through the Services.
  2. The Company shall grant Members a nontransferable and nonexclusive right to use the Services provided by the Company, to the extent permitted by these Terms of Use, until the expiration date hereof.
  3. Members hereby agree that they are responsible for any and all pictures, voice, texts, images, and other materials publicly posted or privately delivered or stored by them, using the Services. By providing such Member-provided content using the Services, Members are deemed to represent and warrant that they do not infringe on any third party’s rights in doing so.
  4. Members are only granted the right to use their accounts, IDs, content, etc., on the terms and conditions of use imposed on Members by the Company with respect to the Services. Members shall not reproduce, transmit, publish, distribute, broadcast, or otherwise use or have reproduced, transmitted, published, distributed, broadcast, or otherwise used for profit-making purposes any of the information acquired by Members in the course of using the Services, without the prior approval of the Company.
  5. Members hereby agree that they will be responsible for any and all activities occurring in their accounts and the consequences thereof. Members also agree that they will use the Services in compliance with these Terms of Use and all applicable laws.

Article 6 (Definition of Services and Conditions of Use)

  1. The Services shall be provided for 24 hours per day throughout the year, in principle.
  2. The Company may request Members to provide their date of birth, latest contact information, and other necessary information to ensure that Members will be able to use the Services, and, accordingly, Members shall maintain such information with accuracy and completeness. In some cases, Members may provide their username, password, and e-mail address to use the Services or otherwise allow a third party to access their accounts and use or modify the same accounts.
  3. The Company shall in no event be liable to Members for the loss or damage arising out of the failure of Members to provide the Company with any accurate information or keep their own account information safely.
  4. Members shall bear and pay any and all cost and expenses incurred in using the Services, including without limitation equipment expenses and communication expenses.

Article 7 (Limitation and Suspension of the Provision of Services)

  1. The Company may temporarily suspend the provision of its Services if the Company has a justifiable reason to do so; including but not limited to maintenance and checkup, replacement and failure of computers and other telecommunication equipment, and communication breakdown or other operational causes. Specific events constituting a cause of such suspension shall include the following:
    1. A Member intentionally interferes with the Company’s provision of Services;
    2. Such suspension thereof cannot be avoided because of any checkup, repair, or construction work;
    3. The use of Services is hindered because of any national emergency, equipment failure, or congestion of access link to Services;
    4. It is deemed unreasonable for the Company to continue providing the Services because of any other material event;
    5. A Member has breached any of its obligations hereunder.
    Upon occurrence of any of the aforementioned events, the Company shall notify the Member concerned (1)by e-mail or through the bulletin board (2)that the provision of Services hereunder may be limited or suspended. Should the Company be unable to give prior notice because of unavoidable reasons, however, the Company may notify the Member concerned thereof later.
  2. Whenever necessary for the provision of Services hereunder, the Company may check the Services on a regular basis at such hours as publicly notified on the service screen

Article 8 (Collection, Use, and Management of Personal Location Information)

  1. The following is the information on the Company, as a location information provider and location-based service provider, and its location information manager:
    1. Trade name: Kids Note, Inc.
    2. Joint Representative Directors: Jhangwook Choi and Junyong Kim
    3. Address: Kids Note, Inc. 5th Floor, Samyang Building, 49, 99-gil, Gangnam-daero, Seocho-gu, Seoul
    4. Designation of location information manager: Joint Representative Director
    5. Name of location information manager: Jhangwook Choi
  2. The Company collects location information, through base station–based signals outdoors or wireless AP-based Wi-Fi. information indoors, from Members’ communication terminal devices mounted with a GPS receiver, Wi-Fi., etc.
  3. A Member may at any time withdraw, in whole and in part, his/her consent previously given to the Company for the collection of his/her personal location information or for the provision of any location-based service, using his/her personal location, and for the provision of his/her personal location information to a third party. In such a case, the Company shall destroy the Member’s personal location information collected by the Company.
  4. A Member may request the Company to give access to view or notice of the materials certifying that his/her location information has been collected, used, or provided; the reason behind the provision of his/her personal location information to a third party; and the content thereof so provided, and may also request correction of errors, if any. Such request for access, notice, or correction may be made to the Company by e-mail (contact@kidsnote.com).
  5. The location-based services provided by the Company include:
    1. To provide, using the present location, any related data among the existing data already stored; and
    2. To locate the present location or a specific location on the map and provide or disclose the same to the designated acquaintance(s) or create postings on behalf of the latter
  6. The Company shall not provide a Member’s personal location information to a third party without the consent of that Member. When the Company provides any service involving the provision of such information to a third party, the Company shall notify the Member concerned, in advance, of the recipient thereof and purposes of providing such information. If the Company provides a Member’s personal location information to a third party, the Company shall then automatically record and retain for a year the materials certifying that his/her location information has been used and provided.
  7. Whenever the Company provides a Member’s personal location information to a third party designated by that Member, the Company shall immediately inform the Member concerned of the recipient thereof the time/date and purpose of providing such information using the communication terminal device used to collect the Member’s personal location information. Nevertheless, the Company shall inform that Member thereof by e-mail addressed to his/her e-mail address, if the aforementioned communication terminal device is not furnished with the functions for receiving texts, voice, or images, or the Member concerned has requested the Company in advance to inform him/her thereof through any communication terminal device other than the one used to collect his/her personal location information or by e-mail.
  8. It is deemed by The Company that a Member him/herself gives his/her consent to the Company for the collection, use, or provision of his/her personal location information if a person (“guardian”) with the obligation to take care of that Member, who is a child of 8 years of age or younger, an incompetent person, or a seriously disabled person with mental disorder, gives his/her consent for the aforementioned purposes in order to protect the Member’s life or body. In such a case, the guardian shall submit to the Company a written consent containing all of the following information and bearing the guardian’s signature:
    1. The Member’s name, address, and date of birth;
    2. The guardian’s name, address, and contact information;
    3. A statement that such personal location information will be collected, used, or provided solely for the purpose of protecting the Member’s life or body;
    4. Date of preparation (month/date/year)
  9. The Company shall not use or provide to a third party a Member’s personal location information or any of the materials certifying that a Member’s location information has been collected, used, or provided, beyond the extent set forth herein or otherwise notified separately, except where the Member concerned has given his/her consent, such materials are needed to settle the charges for the provision of any location-based services; or such materials are processed and provided in an unidentifiable form to provide statistics or conduct academic research or market survey.

Article 9 (A Guide to the Collection and Use of Personal Information)

The Company’s guide to the collection, use, and protection of personal information will be separately released in its [privacy policy]. Using the Services hereunder, Members have understood all provisions of the Company’s privacy policy and given their consent to the Company for the collection and use of their personal information.

Article 10 (The Company’s Exemption from Liability)

  1. 1. The Company shall not be liable to Members for the damage arising out of its failure to provide the Services because of the occurrence of any of the following events:
    1. An act of god or a force majeure event;
    2. An intentional interference with the provision of Services, by a third party;
    3. A hindrance to use of the Services, arising because of a cause attributable to a Member; or Any other cause not attributable to the Company, whether by negligence or willful acts
  2. No Member shall engage in any business activity involving the sale of commodities (especially hacking, advertisements for money-making, commercial activities through any erotic site, illegal distribution of commercial software, etc.), using the Services, except for any activities specifically permitted by the Company in writing bearing the signature of the Company’s authorized representative. Should a Member be in breach of the foregoing provision, the Company shall in no event be liable to the Member for the consequence of such business activities, loss, legal actions taken by the authorities concerned, etc., arising as a result of such breach.
  3. The Company shall neither be liable to Members for the loss of profit Members have expected from use of the Services nor shall be liable for the loss arising out of the other materials or data Members have acquired through the Services, if any.
  4. The Company shall not be held responsible for the nature of the information, data, or facts posted by Members, including but not limited to their reliability and accuracy.
  5. Legal responsibilities for the nature of e-mails sent by Members shall remain with users.
  6. In case of transactions conducted among Members or between a Member(s) and a third party via the Services, the Company shall be released from any responsibility or liability whatsoever arising out of such transactions.
  7. Unless specifically provided otherwise in applicable laws, the Company shall have no responsibility with respect to use of the services provided free of charge.

Article 11 (Management of Postings)

  1. If any of the postings posted by a Member contains anything that is against applicable laws including without limitation the Act on Promotion of Information & Communication Network Utilization and Information Protection, etc., and the Copyright Act, the holder of right therein may request the Member to stop posting, delete, or otherwise dispose of the same pursuant to the procedures prescribed in applicable laws. In such a case, the Company shall take the necessary action pursuant to applicable laws.
  2. Even without any request from the holder of right pursuant to subsection 1 above, the Company may take any tentative measures against such posting pursuant to applicable laws if there exists anything that may be deemed to constitute infringement of a third party’s rights or it is otherwise against the Company’s policy and/or applicable laws.

Article 12 (Distribution of Postings)

  1. Upon subscription to the Services, a parent Member is deemed to give his/her full consent to his/her child, who is also a Member using the Services, to post any content for such parent Member through the Company. In such a case, the aforementioned content shall include but will not be limited to photos of the child in question.
  2. The initial distribution of postings posted by a Member through the Company shall be deemed to constitute a legally normal act pursuant to subsection 1 above. All legal liabilities for any subsequent distribution of such postings without the consent of the user having the ownership thereof or the right of likeness therein shall remain with the person having subsequently distributed the same, for which neither the Company nor its membership manager shall have any legal liability.

Article 13 (Provision of Information and Insertion of Advertisements)

  1. The Company may provide Members with a variety of information that is deemed necessary for Members to use the Services, through the bulletin board, by e-mail or letter, SMS, over the phone, or otherwise. Notwithstanding the foregoing provision, Members may refuse to receive such e-mails, etc., at any time, except for the information concerning transactions, responses to customer inquiry, etc., pursuant to applicable laws.
  2. The Company may insert advertisements in its service screen, home page, e-mails, etc., in relation to the provision of its Services. A Member having received an e-mail containing such advertisements shall be entitled to notify the Company of his/her refusal to receive such e-mail.
  3. All of the sweepstakes in the advertisement are sponsored by its advertisement vendor or agency.

Article 14 (Entrustment of the Provision of Other Annexed Services)

  1. In addition to its basic smart notice service, the Company may entrust external service providers with part of its annexed services to provide such services efficiently.
  2. In such a case, the terms and conditions concerning such annexed services being provided to Members by the Company shall be in conformity to the provisions of the terms of use adopted by such external service providers.

Article 15 (Settlement of Disputes)

  1. The Company shall make its best efforts to consider reasonable comments or complaints raised by Members and compensate Members for the damage suffered as a result of it, if any.
  2. The Company shall handle, with priority, all complaints and comments raised by Members. If the Company is unable to promptly handle the same, the Company shall immediately notify the Member concerned of the reason therefor and the expected schedule for handling of the complaint or comment raised.

Article 16 (Governing Law and Competent Court)

  1. Interpretation hereof and all disputes between the Company and Members shall be governed by the laws of the Republic of Korea.
  2. With respect to all lawsuits brought as a result of any dispute between the Company and Members arising out of use of the Services hereunder, the parties hereby submit to the jurisdiction of the Seoul Central District Court in the first instance.

Addenda

  1. These Terms of Use shall come into effect on June 19, 2015 (“Effective Date”).
  2. If a Member has agreed to these Terms of Use after the date of public notice hereof but before the Effective Date hereof, these Terms of Use shall apply, effective as of the date of agreement.