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Terms

Art Spoon Terms of Service

Article 1 (Purpose)

These terms and conditions are intended to regulate rights, duties, and responsibilities, and other necessary matters related to the use of the Art Spoon service provided by ARTRASIX Inc. (hereinafter referred to as the "Company") between the Company and its members.

Article 2 (Definitions)

The definitions of the terms used in these terms and conditions are as follows:

  1. "Service" refers to the Art Spoon service that can be used by "Members," regardless of the devices being implemented (including various wired and wireless devices such as PCs and portable devices).
  1. "Member" refers to a customer who accesses the "Service" of the Company, enters into a service contract with the Company according to these terms and conditions, and uses the "Service" provided by the Company.
  1. "Work" refers to actual existing works of art.
  1. "Gallery" refers to a member gallery that registers works in the service.
  1. "Seller" refers to an individual or gallery that enters information about and sells works in the service.
  1. "Buyer" refers to an individual or gallery that purchases works in the service.

Article 3 (Posting and Revision of Terms)

  1. The Company shall post the contents of these terms and conditions on the initial screen of the service so that members can easily know them.
  1. The Company can amend these terms and conditions within the scope that does not violate relevant laws such as the Act on Consumer Protection in Electronic Commerce, Regulation of Terms and Conditions Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and Personal Information Protection Act.
  1. When amending the terms and conditions, the Company shall specify the application date and reasons for amendment and announce them along with the current terms and conditions from 15 days before the application date until the day before the application date. However, in the case of an amendment disadvantageous to members, the Company shall clearly notify them separately through electronic means such as a notification pop-up window from 30 days before the application date.
  1. If the Company announces or notifies the amendment of the terms as per the previous paragraph and does not receive any expression of intent from the member within 15 days, it is considered that the member has consented to the amended terms, even if the member did not explicitly express refusal. However, in the case of changes disadvantageous to users, the Company will announce or notify the changes 30 days before their implementation.
  1. If a member does not agree to the application of the revised terms, the Company cannot apply the contents of the revised terms, and in this case, the member may terminate the service contract. However, if there is a special circumstance that makes it impossible to apply the existing terms, the Company may terminate the service contract.

Article 4 (Supplementary Provisions)

Matters not specified in these terms and conditions and the interpretation of these terms and conditions shall follow the laws of the Republic of Korea or individual terms and conditions of service, operational policies, and rules set by the Company (hereinafter referred to as 'Detailed Guidelines'), if any. In case of any conflict between these terms and the Detailed Guidelines, the Detailed Guidelines shall prevail.

Article 5 (Conclusion of Service Contract)

  1. A service contract is concluded when a person wishing to become a member joins the service and the Company accepts the application.
  1. The Company generally accepts the application for service use by members. However, the Company may not accept the application or may terminate the service contract after acceptance in the following cases:
    1. If the member has previously been disqualified from membership, except in the case where the Company's rejoining approval has been obtained
    1. If false information is provided or the contents required by the Company are not provided
    1. If approval is impossible due to reasons attributable to the applicant or if other overall conditions for application are violated
  1. The Company may differentiate the usage time, number of uses, service menu, etc., according to the Company policy for members by classifying them into grades.

Article 6 (Notifications to Members)

  1. When notifying members about information related to the service in the operation of the service, the company shall individually notify members through possible methods such as announcements and the service's official messenger.
  1. For notifications to all members, the company can replace the notification of paragraph 1 by posting on announcements, etc., for more than 7 days.

Article 7 (Company's Obligations)

  1. The company shall not engage in actions prohibited by or in violation of related laws and these terms, and shall endeavor to continuously and stably provide the service.
  1. The company must have a security system for protecting personal information so that members can safely use the service, announce and comply with the personal information processing policy.
  1. The company shall equip the necessary personnel and systems to appropriately handle complaints or requests for damage relief arising from the use of the service.
  1. If opinions or complaints raised by members regarding the use of the service are deemed justifiable, the company shall handle them. The company shall convey the process and results to the member via email or other means for opinions or complaints raised by members.

Article 8 (Member's Obligations)

  1. Members shall not engage in the following actions:
    1. Registering false content upon application or change.
    1. Identity theft.
    1. Altering information posted by the company.
    1. Sending or posting information other than the information designated by the company.
    1. Infringing upon the intellectual property rights of the company or a third party.
    1. Damaging the reputation of or obstructing the work of the company or a third party.
    1. Posting or publishing obscene or violent messages, images, voices, or other information contrary to public order and morals on the service.
    1. Using the service for profit without the company's consent.
    1. Any other illegal or unjust act.
  1. Members must comply with related laws, provisions of these terms, usage instructions, cautionary notes related to the service, notices from the company, etc., and shall not engage in any act that interferes with the company's operations.
  1. Members shall not transfer rights to a third party or receive consideration (monetary, information provision, or any tangible or intangible consideration) for the use of the service.
  1. Without the company's prior consent, members shall not replicate, store, process, distribute, or provide to a third party any result data of the service (including member information, service content, and all data) beyond the scope permitted in these terms.

Article 9 (Provision of Service, etc.)

  1. The company provides members with the following services:
    1. Work registration and search.
    1. Inputting price for work resale and distributing web pages for sharing work information.
    1. Notification of work sales status.
    1. All other services developed by the company or provided to members through partnership agreements with other companies.
  1. The company operates the service 24 hours a day, 365 days a year, as a principle.
  1. In cases of maintenance, replacement, breakdown of computer or information and communication equipment, or significant operational reasons, the company may temporarily suspend the provision of the service. In this case, the company notifies members by the method specified in Article 5. However, if the company has unavoidable reasons for not notifying in advance, it can notify afterwards.
  1. The company may conduct regular inspections if necessary for the provision of service, and the regular inspection time will be announced on the service provision screen. If regular inspection is conducted, some or all of the services may be limited in use, and the company is not responsible for any damages arising without its intent or negligence.
  1. The company is not responsible for any limitations on some functions within the service due to disruptions or inspections of services linked with third parties, etc., unless due to the company's intent or negligence. In such cases, the company will notify or inform members of the situation.
  1. The company provides services only for works handled through contracted galleries on the platform, and does not support works, products, or subjects dealt with in other markets or marketplace platforms, etc., or related matters. Members are advised to pay special attention to this in use.
  1. The company may charge fees for the use of services to members. The specific details will follow these terms and the company's operational policies, and the company will notify members before transactions.

Article 10 (Change of Service)

  1. The company can change all or part of the services being provided if there is a significant reason due to operational or technical needs.
  1. If there are changes in the content, method, or time of service use, the company shall post the reasons for the change, the content of the service to be changed, and the date of provision before the change on the initial screen of the respective service.
  1. The company may modify, suspend, or change part or all of the services provided for free, according to the company's policy and operational needs, and will not provide separate compensation to members unless specifically stipulated by law.

Article 11 (Copyright of Posts)

  1. The copyright of posts uploaded by members within the service belongs to the authors of those posts.
  1. Posts uploaded by members within the service can be exposed in the service and related promotions, and can be partially modified, reproduced, and edited within the necessary range for such exposure. In this case, the company complies with the copyright law, and the member can request the deletion or privatization of the post at any time through the customer center or the service's management function.

Article 12 (Management of Posts)

  1. If a member's post includes content that violates the Information and Communication Network Act or copyright law, the rights holder can request the suspension of posting and deletion of the post according to the procedures prescribed by the related laws, and the company must take action in accordance with the laws.
  1. Even if there is no request from the rights holder as mentioned above, the company can take temporary measures against the post if there is a reason recognized as a rights infringement or if it violates the company's policy and related laws.

Article 13 (Ownership of Rights)

  1. Copyright and intellectual property rights regarding the service belong to the company, except for the members' posts and works provided according to partnership contracts.
  1. The company grants members the right to use accounts, IDs, contents, points, etc., according to the usage conditions determined by the company in relation to the service, and members cannot transfer, sell, or provide these as collateral.

Article 14 (Termination of Contract, etc.)

  1. Members can apply for termination of the usage contract at any time through the customer center or the account management menu, and the company must immediately process it according to the related laws.
  1. When a member terminates the contract, all data of the member will be deleted immediately, except for the cases where the company retains the member information according to the related laws and privacy policy.
  1. If a member terminates the contract, all information written by the member will be deleted. However, web pages shared in advance will not be deleted, so please delete the information before withdrawing.

Article 15 (Restrictions on Use, etc.)

  1. If a member violates the obligations of this agreement or disturbs the normal operation of the service, the company can restrict the use of the service in stages such as warning, temporary suspension, and permanent suspension.
  1. Notwithstanding the previous clause, the company can immediately impose a permanent suspension for violations of the law such as identity theft under the Resident Registration Act, payment fraud, illegal program distribution, and hacking according to the Information and Communication Network Act. In the case of a permanent suspension under this clause, all points and other benefits obtained through the use of the service will also be extinguished, and the company will not compensate for these.
  1. The company can restrict the use of the service if a member does not log in for more than three months continuously, for the protection of member information and operational efficiency.
  1. The company specifies the conditions and details of the restrictions within the scope of this clause in the restriction policy and operational policy of individual services.
  1. When the service use is restricted or the contract is terminated according to this clause, the company will notify the member according to Article 6 (Notification to Members).
  1. Members can object to the restriction according to the procedure set by the company. If the company recognizes the objection as valid, the service use will be immediately resumed.

Article 16 (Limitation of Liability)

  1. The company is not responsible for the failure to provide the service due to force majeure or equivalent reasons.
  1. The company is not liable for any service use disorder caused by the member's fault.
  1. The company does not assume responsibility for the reliability, accuracy, etc., of the information, materials, and facts posted by the member related to the service.
  1. The company is not responsible for any transactions between members or between members and third parties mediated by the service.
  1. The company is not liable for the use of free services unless there are special provisions in the relevant laws.

Article 17 (Governing Law and Jurisdiction)

  1. Lawsuits between the company and members are governed by the laws of the Republic of Korea.
  1. Disputes between the company and members are under the exclusive jurisdiction of the district court that governs the member's address at the time of the lawsuit. If the member's address or residence is unclear, the competent court is determined according to the Civil Procedure Act.
  1. In the case of members with addresses or residences overseas, disputes between the company and members are under the jurisdiction of the Seoul Central District Court, notwithstanding the previous clause.

Addendum

  1. These terms and conditions are applicable from May 23, 2023.