Application Terms and Conditions of Service
Purposes and Effects of Terms and Conditions
The purposes of these Terms and Conditions are to stipulate conditions and procedures for using the Service of Function12 provided by Function12, Inc. (hereinafter referred to as the “Company”), each stakeholder’s rights, obligations, responsibilities, and other necessary issues.
Definitions

1. Service

The Company provides web tools designed for developers, designers, and planners, so that users can utilize the tools, software, information, resources, products through the Service and boost up their front-end development using the Service.

2. Content

Content refers to designs, images, code, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials which are used within the Service.

3. Membership

A person who is at least 18 years of age or corporation who/which agrees to these Terms and Conditions and conclude the Service Use Contract with the Company to use the Service and Contents provided by the Company.

4. Account

Account refers to identification information of members’ Service Use, which is e-mail addresses created by members and approved by the Company. Existing e-mail addresses that have been created by simple subscription processes (methods such as linking account of information of other platform services, for instance, Google) and identification information about a particular device when a guest enters without e-mail addresses are also included in the definition of Account in this paragraph.

5. Password

It refers to a combination of letters, symbols, numbers, etc. set by a member, which confirm identities and protect information of members. The Company must examine whether passwords set by members are appropriate and if the screening conditions are met, the Company must approve the password.

6. Operation Policy

The Company’s policies (including future revisions by the Company) regarding members’ service use such as policies, rules and guidelines of the Service, constitute a part of these Terms and Conditions.

7. Subscription

It refers to a payment method that members can use the Service with automatic monthly/annually payment.

Specification, Effects and Changes of Terms and Conditions
  1. The Company posts the contents of these Terms and Conditions, the name of business, the location of business, the name of the representative, the business registration number and the contact information (e-mail address) in the application where the Company’s services are provided so that members can easily find about such information.
  2. The Company can change these Terms and Conditions without violating the relevant laws and regulations such as 『Framework Act on Electronic Documents and Transactions』, 『Digital Signature Act』, 『Act on the Consumer Protection in Electronic Commerce』(hereinafter referred to as “Electronic Commercial Law”), 『Act on the Regulation of Terms and Conditions』, 『Act on Promotion of Information and Communications Network Utilization』 (hereinafter referred to as “Information Network Law”), 『Framework Act on Consumers』 and 『Act on Fair Labeling and Advertising』.
  3. When the Company make changes to these Terms and Conditions, the effective date of changes, contents of these Terms and Conditions to be changed, and reasons for such changes, etc. shall be specified and notified on the application by the Company from 14 days before the effective date. If changes are unfavorable to members, it will be notified within a grace period of at least 30 days, and may be notified individually by e-mail, text message (SMS/MMS), etc. If all or parts of the Service is discontinued, Article 7, Paragraph 2 of these Terms and Conditions shall apply. 
  4. By agreeing to these Terms and Conditions, a member is deemed to have agreed to visit the application operated by the Company on a regular basis to check for changes of these Terms and Conditions. The Company is not responsible for any damages caused to members if members have not been aware of changed Terms and Conditions.
  5. Users who do not agree to the changed Terms and Conditions may withdraw from membership (cancellation of the Service Use Contract). And if a user does not express his/her (its) intention of refusal by the effective date of changes to these Terms and Conditions notified in accordance with Paragraph 3 of this Article to the Company, such refusal shall be deemed an approval by that user.
  6. The Company may enact separate Terms and Conditions for specific services (hereinafter referred to as the “Individual Terms and Conditions”) in accordance with the relevant laws and regulations, etc. If a user agrees to the Individual Terms and Conditions, the Individual Terms and Conditions form a part of the Service Use Contract and in the event of a conflict between the Individual Terms and Conditions and these Terms and Conditions, the Individual Terms and Conditions shall take precedence. The above provisions apply to postings or changes of the Individual Terms and Conditions.
  7. In relation to these Terms and Conditions, additional contracts, agreements, notices, etc., concluded in accordance with the agreement between the Parties, changes of the Company’s Operation Policy, enactments / amendments of the relevant laws and regulations or notices or guidelines of public institutions as well as the notifications by the Company about the above matters, may form parts of the Service Use Contract.
The Service Use Contract
  1. The contract for using the Service provided by the Company (hereinafter referred to as the “Service Use Contract”) is concluded when a person wishing to use the Service provided by the Company agrees to these Terms and Conditions and applies for membership.
  2. Individuals aged over 18 or businesses (individual entrepreneurs and corporations) can register for membership, and if such a person (including corporations) agree to these Terms and Conditions, fill up information (real name, etc.) included in the membership application form set by the Company, that person should apply by submitting the application according to the methods designated by the Company

  3. The Company may refuse or withhold acceptance of an application in the event of the following reasons and if the reason violates the relevant laws and regulations, the person who applied may be subject to punishment according to the aforementioned laws and regulations. The Company does not bear any responsibilities for the above event, and if damages are caused or there are legal disputes of any third parties due to actions of the applicant, that applicant shall be liable for his/her (its) own expenses (including but not limited to, attorney’s fees and litigation costs, etc.) and the Company must be indemnified.


    1. If there is any false, omission, erroneous or an irrelevant third party’s information in submitted information (including identity verification process)
    2. If the submitted information (identification number, e-mail address, etc.) is the same as that of an already registered member
    3. In the case when a member has lost his/her (its) membership, or such membership has been restricted about application due to these Terms and Conditions or a contract concluded with the Company
    4. In the case when a member who has been suspended from membership by the Company, voluntarily terminates the Service Use Contract and re-applies for such membership during the period of suspension
    5. In the case when a member uses the Service for illegal purposes, or obtaining profits against the purposes of the Company of provision of the Service
    6. In the case of violation of these Terms and Conditions or if it is confirmed that an application of a user is illegal or unreasonable
    7. In the case when the Company deems it necessary based on reasonable judgment
  4. The Company may assign and manage grades of members based on a member’s purchase amount, scale of usage and other usage records. The Company may grant different benefits according to grades of members.
  5. The grades and benefits granted by the Company to members are beneficial measures and changes of relevant details may be notified on a separate service screen and the aforementioned standards of grade ratings, benefits may be reduced, enlarged or terminated in accordance with the Company’s internal policies. If there are the relevant laws and regulations, the Company will guide members or take measures based on such laws and regulations.
Collection and Protection of Personal Information
  1. A member shall not provide false information in his/her (its) application and shall compensate for all damages incurred if the Company or a third party suffers damages due to a member’s falsely modifying his/her (its) information.
  2. In the event that there is a change of the information listed as member information or provided to the Company, that member must maintain the latest information by directly modifying his/her (its) Personal Information within the Service platform, or notifying the Company by e-mail or other methods.
  3. Apart from the information provided by a member for the Service Use Contract, the Company may disclose the purpose of collection and usage of information, and collect and use necessary information from that member with consent. If a member refuses to consent to collection and usage of such information, the Company must specify the Service Content to be limited, but does not restrict or reject provision of the Service because of refusal to consent about Personal Information that is not required to be collected. Nevertheless, a member may withdraw his/her (its) consent at any time even if there has been consent in accordance with this Article.
  4. The Company shall not use Personal Information of members that it became aware of in connection with the provision of the Service for purposes other than those stipulated in these Terms and Conditions, or disclose or distribute such information to a third party without consent of that member. Also, the Company shall make utmost endeavor to protect Personal Information of users. Processing Personal Information is subject to relevant laws such as 『Personal Information Protection Act』 and 『Information Network Law』 as well as the Company’s Personal Information Processing Policy.
  5. Civil and criminal liability for all damages to the Company or a third party due to a member’s violation of this Article or delay in notifying the Company. Unless the Company is attributable to any disadvantages arising out of aforementioned member’s responsibilities, the Company cannot be held liable in any ways.
  6. The Company may provide members’ Personal Information within the scope of a request by investigation agency, etc. in accordance with lawful procedures and methods specified in the relevant laws and regulations.
  7. The Company may collect members’ service use information.
  8. The Company may share a member's service use information with other members who received permission from that particular member to be able to share the information.
Management of Account and Password
  1. Members are responsible for managing their own accounts and passwords, and in any case, accounts and passwords shall not be transferred, donated, loaned or provided as collateral to others.

  2. The Company may restrict, change or delete members’ accounts and passwords without a prior notice in the following cases.


    1. In a case of application for illegal purposes or methods, such as stealing other members’ Personal Information.
    2. In a case when a member’s account or password is leaked or there is a risk that a third party may believe, by mistake, that a member is an employee or related person of the company
  3. When a member recognizes that his/her (its) account or password has been leaked, stolen or is being used by a third party without permission, that member must notify the Company about such situation immediately, and the Company must make reasonable efforts to deal with it promptly.
  4. The Company is not responsible for any disadvantages incurred by members when such member violated this Article.
Provision of the Service
  1. The Company manages various facilities and materials so that the Service can be safely provided to members and also checks whether the Service is being used for the purposes of provision of the Service. If it is recognized that a member violates the purposes of using the Service, the Company may request an explanation.
  2. With respect to operation of the Service, the company may upload advertisements on the screen and Mobile App / Homepage provided by the Company.
  3. The Company may provide members with various information deemed necessary during the Service Use by members through notices in the Service, Service screens, e-mails, etc. Nevertheless, members may refuse to receive relevant information except for transaction-related information and answers to members’ inquiries in accordance with the relevant laws.
  4. The company may conduct appropriate monitoring for members’ violations of the relevant laws and regulations, these Terms and Conditions and other prohibited actions. Members must cooperate with the Company’s monitoring and have obligations to submit at least the minimum amount of necessary evidence requested by the Company.
  5. If users violate the Service Use Contract, the Company may take measures such as withdrawing all or parts of the benefits provided to users, restricting use of certain services, and terminating the Service Use Contract.
Suspension of provision of the Service

  1. The Company may completely or temporarily suspend use of the Service in the case of the following unavoidable reasons. Unless there are special provisions in the relevant laws and regulations, the Company does not have obligations to compensate users separately.


    1. In the case of unavoidable circumstances due to construction such as repairing service facilities or when there is a need to switch current provision of the Service to a next generation the Service because of technological advancement
    2. In the case when a telecommunications business operator defined in 『Telecommunications Business Act』 stops providing telecommunications of the Service
    3. If there are significant reasons such as difficulties in providing the Service smoothly, deterioration of profitability or changes in policies of the Company
    4. In the case when normal service use is disrupted due to a national emergency, power outage, service facility failures, or excessive use of the Service, all or parts of the Service may be restricted or suspended
    5. In the case of other Force Majeure issues
  2. If the Company intends to suspend the Service completely, the Company will individually notify members 90 days in advance by e-mails or text messages (SMS/MMS). In the event of changes or temporary suspension of the Contents / Service other than complete suspension, the Company must notify about the Contents, reasons, and date 3 days in advance before such changes or suspension in a way that a member can fully recognize through the website of the Company, a notice screen within the Service, or other methods. Nevertheless, if a case according to each subparagraph of Paragraph 1 of this Article has occurred due to reasons beyond the Company’s control, the Company may immediately notify members and take necessary measures.
Update of the Service
  1. The Contents in the Service may be updated periodically, and the updated Contents may differ significantly depending on which period users of the Service made purchase / payment.
  2. When updating the Service, contents modified by members may be initialized, and the Company bears no legal responsibilities for such initialization of the Service used by members, including copyrights of the Contents modified by members, except as otherwise stipulated in these Terms and Conditions.
Sharing and management of Posts

  1. A member can post on publicly accessible websites, blogs, communities and support forums offered by the Service, so that others who access them can view the posted Contents. Nevertheless, the Company may review members’ posts for a comfortable service environment, and the Company may not allow members’ posts to be uploaded at its own discretion in the following cases.


    1. Images of excessive body exposures
    2. Images that infringe trademarks of others
    3. Infringement of personal rights such as images of others
    4. Infringement of copyrights such as photos not taken by oneself
    5. Excessive use of text, mosaics, stickers, and shapes in images
    6. Duplicated repetitive uploading of similar posts and wallpapering, etc.
    7. Promotional and advertising posts such as shopping malls, blog markets, Instagram markets
    8. Posts that demean or discriminate against a specific politician, ideology, religion, gender, sexual orientation, country, etc.

  2. If a post falls under any of the following subparagraphs, the Company may delete that post and terminate the Service Use Contract with the member without prior notice.


    1. In the case where a post contains Contents that violate the laws and regulations of the Republic of Korea
    2. In the case where a post contains Contents that cause political or economic disputes
    3. In the case of posting or advertising illegal products or pornography prohibited for sale in accordance with the relevant laws and regulations
    4. In the case where a post contains false or exaggerated advertisements
    5. In the case of infringement on the rights, reputation, credibility, or other legitimate interests of third parties
    6. In the case where a post contains malicious codes or data that may cause malfunction of information and communication devices
    7. In the case of violation of public order or morality
    8. In the case where a post is judged to interfere with the smooth progress of the Service provided by the Company
    9. In the case where a post contains contents related to criminal activities
    10. In the case where a post contains contents that cause political or economic disputes
    11. In the case where a post negatively affects other members who also use the Service
  3. A member or a third party whose rights have been infringed due to other members’ posts infringing his/her (its) privacy or defaming reputation can explain to the Company in accordance with the company’s application method and procedure to stop such infringement, and request deletion or posting refutation of the relevant posts, etc. In this case, the Company may take actions such as temporary measures within 30 days following the relevant laws and regulations such as 『Information Network Law』.
  4. In the case where another member of a third party takes civil or criminal legal action against the member of the Company on the basis of infringement of their legal interests due to a member’s posts, etc., access to the related posts may be temporarily restricted until a final judgment is made by the court
Copyright Policy
  1. The Company establishes and operates policies for copyright protection of a right holder when using the Service and members must comply with the Company’s copyright policy.
  2. All Contents and materials available on the Service, including but not limited to text, graphics, website name, subdomains, product names, code, images and logos are the intellectual property of the Company (or of third parties which gave the Company the right to use such materials and contents), are protected by applicable copyright and trademark law. Members cannot illegally use, steal, utilize, reproduce, copy or distribute the Contents and cannot let a third party use the Contents by duplication, transmission, publication, distribution, broadcasting or other methods without a prior consent from the Company. If a member violates the above provision, that member bears all responsibilities and if the original copyright holder claims for compensation for damages jointly or independently to the Company, that member must indemnify the Company by their own responsibilities and expenses (including but not limited to attorney’s fees and litigation costs incurred in litigation with the original copyright holder).
  3. In the case where the results shared by members infringe intellectual property rights (including but not limited to copyrights and design rights) and personal rights (using images and voices of public figures including celebrities without their consents), that member bears full responsibilities and must indemnify the Company at his/her (its) own responsibilities and expenses (including but not limited to attorney’s fees and litigation costs)

  4. If a post made by a member while using the Company’s Service infringes copyrights of others, the Company does not bear any responsibilities other than complying with responsibilities listed in Article 103 of Copyright Act in each of the following paragraphs.


    1. In the case where the person claiming that his/her (its) copyrights and other rights protected under Copyright Act are infringed by reproduction or transmission of works produced by using the Service requests the Company to suspend reproduction and transmission of works, etc. by explaining such situations, the Company will immediately stop reproduction and transmission of works, etc., and notify the right holder of the fact and notify reproducer/transmitter of works as well.
    2. If reproducer/transmitter who received the notice in the preceding paragraph requests resumption of reproduction/transmission by stating that such reproduction/transmission is based on legitimate rights, the Company will notify the right holder of the request for resumption and the expected date of resumption without delay, and resume copying and transmission on the scheduled date. Nevertheless, it is not the case if the Claimant notifies the Company of the fact that he/she (it) has filed a lawsuit about infringement of reproducer/transmitter before the scheduled resumption date.
  5. Copyrights and other intellectual property rights for works created by the Company belong to the Company.
  6. If a member’s copyright is infringed within the Company’s Service, that member can use the report center system operated by the Company. If he / she reports / requests necessary actions, the Company shall take such actions in accordance with the relevant laws.
  7. Members cannot resell free worksheets provided by the Company whether for payment or free of charge, and cannot distribute or transfer ownership of all or parts of those (including but not limited to images, videos, logos, templates, slogans, etc.) to third parties. Reselling or sharing of those Contents are also prohibited. If a member gets profit by selling free worksheets provided by the Company, he / she is liable for all civil and criminal liabilities, as well as the Company’s total development cost that went into creating such free worksheets.
  8. If a member uses, reproduces, changes, dramatizes, edits, publishes, creates derivative works, distributes, performs, promotes, exhibits or displays the Contents without the consent of the Company, the Company shall claim compensation to that member, with regard to determining the amount of damages. The Company agrees that such amount of damages shall be three times the amount of profits obtained, and that estimation should be the expected amount of compensation.
Prohibited Actions
  1. Members must abide by these Terms and Conditions, the Company’s Operation Policy and the Company’s announcements in the Service, and are responsible for all losses and damages caused by violating or not abiding by these Terms and Conditions.

  2. Members must not engage in any of the following actions when using the Service.

    • In the case where a member enters false information or shares his/her (its) or another member’s ID and personal information (name, card / account information and etc.) when filing a lawsuit or changing the details
    • Unauthorized use or attempts to use other members’ accounts
    • Actions that arbitrarily change information posted in the Service
    • Conducting commercial activities such as sales activities using the Service
    • Attempts to imply any affiliation with or guarantee of products of services of the Company without an express written consent by the Company in any ways
    • Actions of using the Service or accessing to the system in an abnormal way without following the instructions provided by the Company (all the actions that may interrupt the normal status of the Service of the Company by duplication, disassembly or imitation and etc., through reverse engineering, decompilation, disassembly and any other processing measures, or using an automatic connection program and causing server load).
    • Usage of robots, spiders, crawlers, scrapers or other automated means or interfaces not provided by the Company to access to the Service or extract data from the Service
    • Actions of reverse engineering any aspects of the Service, or discovering source codes of the Service or circumventing measures utilized to prevent or restrict access to any fields, Contents, or codes
    • Attempts to circumvent the Company’s content filtering technology or to access service areas or functions to which a member does not have access
    • Actions of defaming, insulting, threatening or stalking the Company or other third parties
    • Actions of impersonating a specific person or organization, otherwise misrepresenting his/her (its) relationship with a specific person or organization
    • Actions of copying, publishing, broadcasting, etc. or providing information obtained by the using the Service to others for commercial or non-profit purposes without prior consent of the Company
    • Actions that infringe upon rights (including intellectual property rights such as copyrights and personal rights such as portrait rights), reputation, credibility and other legitimate rights of the Company, members and other parties, or actions that violate laws of the Republic of Korea or public order and morality.
    • Actions that promote distrust in the Service with unconfirmed facts
    • Actions of using third parties’ image or voice as data without their consents (including but not limited to celebrities and public figures)
    • Actions that interfere with works of the Company or of third parties or making such an attempt (transmitting a large amount of information or advertising information, etc.)
    • Actions of interfering with use of the Service by other members or impersonating the Company or its executives and/or employees
    • Actions that violate members’ obligations, other relevant laws or regulations set by the Company
  3. If a member violates obligations arising out of this Article, the Company needs to refuse provision of the Service based on its reasonable judgment, and the Company may limit or suspend use of all or parts of the Service by setting up a period, or terminate the Service Use Contract after considerable period of notice.
Restriction and Suspension on Service Use

  1. The Company may restrict or suspend members’ use of the Service in the event of any of the following reasons.


    1. In a case when these Terms and Conditions are violated
    2. In a case of unavoidable circumstances due to inspection, repair or construction of service facilities
    3. In a case when a telecommunications business operator defined in 『Telecommunications Business Act』 stops providing telecommunications of the Service
    4. In a case when the service use is disrupted due to a national emergency, service facility failure, or excessive use of the Service
    5. If the Company recognizes that it is inappropriate to continue provision of the Service due to other serious reasons
  2. If there is no record of access to the Service Use for one consecutive year whilst a member is using the Service, the Company may be able to restrict that member’s Service or particular parts of the Service.
  3. The Company may provide differentiated services to member at any time according to the Company’s policy. If a member uses paid service without appropriate payment of fees, the Company may suspend and restrict those particular services.

  4. The Company may take the following actions against members who violate these Terms and Conditions, the relevant laws and regulations as well as general principles of commerce.


    1. Withdrawal of all or parts of additional benefits provided by the Company
    2. Restriction on use of specific parts of the Service
    3. Termination of the Service Use Contract
    4. Claim for damages
    5. Request for cybercrime investigation
  5. If the Company takes measures specified in each subparagraph of the preceding paragraph, the Company shall notify a member in advance. In case of unavoidable circumstances such as being out of contact with members or urgent need, the Company may notify the member after taking preemptive actions.
  6. A member may raise objections against the Company’s actions pursuant to this Article if there is a sufficient reason for protest. Nevertheless, a member’s objection does not affect temporary suspension of the measures by the Company.
Termination of the Service Use Contract
  1. Members may terminate the Service Use Contract at any time by notifying the Company of his/her (its) intention in accordance with the procedure stipulated in these Terms and Conditions. Nevertheless, if a member does not complete, withdraw, or cancel all purchase procedures before notifying his/her (its) intention to the Company, that member is responsible for any disadvantages resulting from such inaction.
  2. The Service Use Contract is terminated when intention to terminate reaches the other party. In this case, the Company notifies members’ intention to cancel through a registered e-mail, customer service center Nevertheless, the effect of termination does not affect the rights and relationship and claims for damages that have already occurred within the period of the Service Use Contract.
  3. A member who has terminated the Service Use contract under this Article, may reregister as a member in accordance with membership registration procedure and other relevant provisions stipulated in these Terms and Conditions. Nevertheless, if a member withdraws from membership and applies for reregistration for illegal purposes such as overlapping participation in promotional events where duplicate participation is restricted, the Company may restrict that reregistration for a certain period of time.

  4. The Company may terminate the Service Use Contract by notifying a member of its intention to terminate if such member has the following reasons.


    1. If it is confirmed that there is a reason for refusal of acceptance of applications under Article 4, Paragraph 3 of these Terms and Conditions
    2. In the case of violation of the Company’s copyright policy stipulated in Article 11 of these Terms and Conditions
    3. In the case of violation of Article 12, Paragraph 2 of these Terms and Conditions
    4. In the case of violation of Article 13 of these Terms and Conditions
    5. In the case of infringement on rights, reputation, credibility or other legitimate interests of the Company, other users, or third parties or committing actions that violate laws of the Republic of Korea or public order and morality.
  5. The member whose Service Use Contract has been terminated is responsible for any damages incurred in connection with such termination, and the Company shall not hold any liabilities.
  6. If the Company decides to terminate the Service Use Contract with a member in accordance with this Article, the Company shall notify about such termination before the withdrawal process and the member has an opportunity to make objections from the date of receipt of the notice from the Company. Nevertheless, a member’s objection does not affect temporary suspension of the measures by the Company.
Subscription of the Service

The company offers a regular subscription model based on the amount of objects used, consisting of Starter, Pro, and Organization(10user) plan. If necessary, the Company may establish or change service fees, and it will be notified through the service screen provided by the Company if such changes may affect members’ existing subscriptions.

Confidentiality
  1. Each Party shall not disclose Confidential Information such as technical information, production and sales plans, and know-hows acquired from other parties to a third party except as required by law, and shall not use Confidential Information for purposes other than those specified in these Terms and Conditions or the Service Use Contract.
  2. Violators shall bear all liabilities (including but not limited to civil and criminal issues) in the event when damages are caused to opposite parties or third parties due to violation of obligations arising out of this Article.
  3. The obligations arising out of this Article shall continue for 3 years even after the rights and obligations under these Terms and Conditions end.
Disclaimer
  1. Members understand and agree that the Company does not guarantee the stability and purposefulness of the Service and the Service is provided as-is. Accordingly, the Company does not guarantee that any materials members receive through Service Use will fully meet the conditions set by members in a timely manner or that the Service will be continuously available. Further, even if the Service provided by the Company does not meet members’ expectations for the purpose and timing for which members wish to use the Service, the Company does not bear any responsibilities.
  2. The Company does not guarantee that the Function12 App / Homepage will not be blocked or that the Use will not be interrupted. Additionally, the App / Homepage may contain risks of which the Company is not aware of and may contain errors as well. The Company does not guarantee the technical integrity of the App / Homepage or provision of the Service, and is not responsible for rectifying any errors or defects.
  3. Information obtained by members through the Company may not be accurate or reliable. The Company does not guarantee accuracy of such information and holds no liability about it.
  4. The Company is exempted from liability for provision of the Service if the Company is temporarily or ultimately unable to provide the Service due to natural disasters, force majeure, maintenance, inspection, replacement or breakdown of information and communication facilities, or interruption of communication. In this case, the Company notifies members by posting about such events on the screen of the App / Homepage provided by the Company or by other available methods.
  5. The Company is not responsible for completeness of the Content and unless the Company intentionally sells the Content that is not complete to the extent that it can be considered as intentional or grossly negligent, the Company does not accept claims of damages caused by members based on their subjective evaluation.
  6. The Company is not responsible for any damages caused by trusting accuracy of information, data, and facts contained in posts shared by members.
  7. In the case where there are legal disputes between third parties and members due to infringement of intellectual property rights (trademarks, copyrights, music performance right, etc.) and portrait rights (actions that members use others’ faces or voices without permission), the Company has no obligation to arbitrate or mediate, and is not responsible except as stipulated in these Terms and Conditions.
  8. If the Company becomes involved in legal disputes with a third party due to a member’s actions mentioned in the preceding paragraph, that member must indemnify the Company (including but not limited to, litigation costs, attorney’s fees and other costs resulting from notice of precautionary measures).
  9. The Company is not responsible for any obstacles to the Service due to reasons attributable to members.
  10. The Company is not responsible for the loss of profits expected by a member using the Service, and damages caused by data obtained through the Service.
Responsibilities of legal representatives for children aged under 18
  1. When a member uses the Service and Contents for his or her children aged under 18, that member must manage his or her children aged under 18 so that children cannot directly access to the Service and Contents without the member’s protective supervision. If a member’s children aged under 18 suffer damage from use of the Service and Contents due to that member’s lack of protective supervision, the Company does not bear any responsibilities.
  2. The Company cannot preemptively prevent members from sharing illegal posts containing inappropriate Contents to other people, including, members and members’ children aged under 18. Accordingly, when viewing posts shared by other members, a parent of children aged under 18 must pay particular attention to protective supervision obligations in the preceding paragraph and read the posts first before providing opportunities to read such posts for children aged under 18. The company is not responsible for exposure of inappropriate posts uploaded by other members to members’ children aged under 18.
  3. A member bears all responsibilities for that member’s children aged under 18 who used the account on behalf of the member. Accordingly, actions of underage children making purchase / payment shall be considered as actions of that member, and the Company is not responsible for refunds, etc. Further, if a member’s children aged under 18 violate these Terms and Conditions, the relevant laws and regulations or commit an illegal act, that member shall bear all responsibilities for management and supervision of that children.
Miscellaneous
  1. Interpretation of these Terms and Conditions and dispute resolutions shall be governed by the law of the Republic of Korea, and if a lawsuit is filed, the competent court shall be determined by Civil Procedure Act of the Republic of Korea.
  2. Neither party may assign or dispose of any rights or obligations under these Terms and Conditions to any third party without a written consent of the others.
  3. The Company provides and manages the Service based on servers installed in Korea. Therefore, the Company does not guarantee the quality, legality or usability of the Service if a member intends to use the Service outside the Republic of Korea.
Article Additional Terms

1. Refund

FUNCTION12 does not hold any responsibility to offer a refund unless a legal cause and all fees are not applicable for a refund even if canceling the subscription before the expiration date. When proceeding with the payment, it is regarded that you recognize and agree that FUNCTION12 will charge the complete payment to you. If FUNCTION12 recognizes that you have the right to receive all or part of a refund from your payment and only be refunded by the original method of payment. If you are a resident of the European Union and cancel your subscription within 14 days(UTC) from the date of payment, FUNCTION12 may offer a refund only if you have not proceeded with any actions on FUNCTION12(importing, downloading, etc.). To cancel your subscription payment, please contact the Help Center. (Telephone : +82-070-8018-8344, Contact us)

2. Subscription

Once the subscription is expired, it will be automatically renewed under the same condition. You can change the settings to stop and deactivate the automatic subscription renewal anytime. Until changing the settings to not activate the automatic subscription renewal on time, you have agreed to provide the rights to FUNCTION12 to proceed with the payment charge to you.

3. Tax

Taxes are excluded in the payment requested from FUNCTION12, where such taxes are included in fees directly or indirectly when you purchase products. By the law of the country you reside in, if FUNCTION12 must collect sales tax, value-added tax, goods and services tax, and/or transaction tax, you have the responsibility to proceed with completing such indirect taxes. If you or FUNCTION12 must complete or collect such direct tax or indirect tax, you may have to voluntarily pay the tax by complying with your residential law.

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