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Terms of Use

V Fansubs Terms of Use
(Ver. 1.0)

Enacted as of July 1, 2016
[Amendment date to be displayed hereinafter]

V Fansubs Terms of Use (hereinafter referred to as “Terms”) refer to the terms of “V Fansubs Service”, including both existing terms as well as revisions of and future additions to said terms (Terms of Use, Paid Service Terms, Privacy Policy, Disclaimer and Legal Notices etc.).

The purpose of V Fansubs Terms of Use is to clearly define the legal relationship between NAVER Corporation (hereinafter referred to as “Company”) and the user who has accepted the Terms (hereinafter referred to as “Member”), with regard to the use of V Fansubs Service.

For the Member’s convenience, the Company shall post its Terms on the starting screen of the V Fansubs Service.

1. DEFINITION

1.1. “Company’s Service” means the service of NAVER, its affiliates or subsidiaries by way of domestic and global wired/wireless internet service, API service and programs through any method such as web, WAP, application, including but not limited to V LIVE Service, and V Fansubs Service.

1.2. “V Fansubs Service” means the service where the Company grants the Member the right to create and add subtitles in the Member’s chosen language for Content from its V LIVE Service and V Fansubs Service and provides the Content, along with the Member’s subtitles to both the Member and general users.

1.3. “V LIVE Service” means Internet broadcast service for users, including celebrity appearances etc., provided by the Company, including live streaming and VOD services.

1.4. “Content” means videos, music, images etc. of celebrities provided in the Company’s V LIVE Service.

1.5. “V Fansubs(s)” means the subtitles created by Member utilizing the subtitle functions provided by the V Fansubs Service. The Member creates and adds subtitles in the Member’s chosen language, in sync with the Content.

1.6. “Member(s)” means the user(s) who connects to the V Fansubs Service, agrees to the Company’s Terms, and uses the Company’s V Fansubs Service.

1.7. “Team V Fansubs(s)” means the subtitles created by a team consisting of two (2) or more Members.

2. FORMATION OF AGREEMENT

2.1. The agreement is formed when a person who wishes to become a Member (hereinafter referred to as “Membership Applicant”) agrees to the Terms, applies for membership, and the Company approves said application. With the Company’s approval, the Membership Applicant then becomes a Member and may freely use the V Fansubs Service in accordance with the Terms.

2.2. Should the Company have grounds for suspicion regarding a Membership Applicant’s membership application (unauthorized connection attempts to V Fansubs Service systems, account theft, providing false information and logs of the Membership Applicant’s abusing of the V Fansubs Service etc.), the Company reserves its right to either put off or deny the membership application. The Company may also cancel the V Fansubs Agreement with a Member at a later time, should the Company deem it necessary.

3. AMENDMENT OF THE TERMS

3.1. The Company may amend its Terms within the scope allowed under the relevant regulation.

3.2. In case of amendment in accordance with 3.1, the Company shall clearly state the effective date, the revisions, and the reasons for the revisions and notify such information the users via the V Fansubs Service from no later than seven (7) days prior to the effective date. Should the revisions be legally disadvantageous to the Member, notification of the changes shall begin at least 30 days prior to the effective date via the V Fansubs Service. In addition, Members shall be notified of the revisions via the notification methods detailed in the Terms.

3.3. Should the Member not agree to the amendment of the Terms, he/she may choose to cancel the V Fansubs Agreement of the V Fansubs Service which was agreed upon in the prior Terms, effectively ending the use of the V Fansubs Service.

3.4. Should the Member not give his/her explicit consent to the amendment of the Terms before the effective date despite the Company’s efforts to notify such date and the revisions according to 3.2., the absence of the explicit expression to refuse the revisions will be acknowledged as the Member’s consent to the amended Terms.

4. NOTIFICATION METHODS TO THE MEMBER

4.1. Unless explicitly stated otherwise in these Terms, the Company may notify the Member via the registered email address or the messaging system (message box) within the service.

4.2. In case of a notification to ALL Members, the Company may substitute the individual notification of each member with a post on the message board of the V Fansubs Service during more than seven (7) days prior to the effective date.

5. PROVIDING THE V Fansubs SERVICE

5.1. The Member may create own V Fansubs for the Content provided by the Company, view the Content with V Fansubs from other Members, or engage in activities in accordance with the V Fansubs Service’s Terms (i.e. creating and adding subtitles).

5.2. The V Fansubs created by Members will be exposed and made available to general users of the V Service and V Fansubs Service. General users may leave comments/remarks regarding the Member’s V Fansubs.

5.3. V Fansubs created by Members may be used in V Service, V Fansubs Service, and Company’s Service for any purposes. For the promotion of V Service and V Fansubs Service, Company may use V Fansubs created by Members with the Contents in any third party’s services. For such use, the Company may edit V Fansubs and display edited V Fansubs, if deemed necessary. In such a case, the Company is not obligated to explicitly inform the Member.

5.4. Should several V Fansubss exist for the same Content, the Company may choose and edit the most suitable V Fansubs according to the Company’s service policy.

5.5. The Company may continue offering V Fansubs created by Members who already have cancelled the Use Agreement for its V Fansubs Service. Should the Member wish for his/her V Fansubs not to be used, the Member may request so from the Company separately.

5.6. Should the Company deem the V Fansubs unfit for the related Content, the Company reserves the right to delete/edit/correct the V Fansubs. According to the Company’s service policy, it may decide not to publish or stop offering the Member’s V Fansubs.

6. TEAM V Fansubs

6.1. Members may organize themselves and register as teams (2+ Members) for V Fansubs, and the Company will provide said teams with a separate use-page for creating Team V Fansubs.

6.2. When registering a team for the first time, the Members may assign one team Member as the “Team Manager”. The Team Manager has the right to add another Member to the team.

6.3. A Member of a team may free to leave the team anytime.

6.4. Unless explicitly specified, the terms of V Fansubs Agreement on V Fansubs apply the same to the Team V Fansubs as well.

7. CHANGES/DISCONTINUATION OF V Fansubs SERVICE

7.1. The Company reserves the right to make changes to the V Fansubs Service’s contents if required. Should the changes materially affect the Member’s rights and obligations, the Company shall follow the rules stipulated in Article 3 before applying changes to the V Fansubs Service.

7.2. The Company may temporarily discontinue the V Fansubs Service in cases like repair maintenance/exchange/defect of communication equipment, disruption in communications or severe operational challenges.

7.3. The Company may perform regular checkups, which may lead to a temporary discontinuation of the V Fansubs Service.

7.4. The Company reserves the right to change, modify or shut down parts or entire services. This may be caused by the Company’s service policy, operational requirements or the management. Unless specifically stated in the related statute, Members will not be compensated in any way for the discontinuation of free services.

8. POSTING ADVERTISEMENT

The Company may post its own or 3rd party’s advertisements in its V Fansubs Service.

9. MEMBER’S RIGHTS AND OBLIGATIONS

9.1. Besides the rights specified in the definition of V Fansubs Service, the Member receives no rights whatsoever on the Content provided via the V Fansubs Service.

9.2. The Member must not do any prohibited actions regarding the Content, including but not limited to the following actions, and shall abide by his/her rights and obligations detailed in these Terms. A Member who acts outside the scope of permitted rights and obligations may be held responsible for both civil and penal legal consequences.

  • 1) Arbitrarily create other video files with the Content
  • 2) Arbitrarily upload Content on the internet
  • 3) Arbitrarily share Content with an unauthorized 3rd party
  • 4) Copying and distributing V Fansubs of other Members
  • 5) Any kind of copyright infringement related to Content

9.3. The Member shall not access the V Fansubs Service’s server network in an unauthorized manner (i.e. accessing the server and its network by using an autobot in order to download Content and V Fansubs). The Member also shall not perform any action that may disrupt the V Fansubs Service in any way.

9.4 The Member is prohibited from taking any of the actions below:

  • 1) Provide the Company with false information or plagiarize another person’s information
  • 2) Violate the Company’s or a related 3rd party’s copyright or intellectual property rights
  • 3) Slander the Company’s or a related 3rd party’s reputation
  • 4) Commercially use the V Fansubs Service without the Company’s explicit consent
  • 5) Acts listed in prohibited actions specified in Article 44, Paragraph 7 of the Communication- and Data Protection Act, and/or engage in unjust or criminal activities in general
10. CREATION OF “MEMBER CONTENT”/V Fansubs SERVICE POLICY AND SANCTIONS IN CASE OF VIOLATION

In regards to all contents created by the Members, including both V Fansubs and comments (hereinafter referred to as “Member Content”), the following policy applies.

1) Prohibited contents: A Member may not create Member Content containing:

  • ① Slander against others (Company and the celebrities appeared in Content);
  • ② Cussing, obscenity, pornography, violence;
  • ③ Contents that invoke unease or fear without reason;
  • ④ Illegal, fraudulent and/or deceptive content;
  • ⑤ Company/national secrets, and the exposing thereof;
  • ⑥ Criminal intent, offers to assist in criminal activities; or
  • ⑦ Any other illegal content prohibited by relevant regulation.

2) Sanctions in case of violation: Should a Member violate the rules stated in 1), the following sanctions/penalties may apply:

  • ① Member Content that has been reported as inappropriate by different IDs more than a set number of times, such Content will automatically be blocked. The Member who created the reported Member Content then may attempt to clarify that said Member Content does not violate the rules defined in 1) and request Company to repost Member Content.
  • ② A Member whose Member Content has been automatically blocked several times within a week more than a set number of times will automatically be restricted from creating his/her Member Content for a week. This Member may attempt to prove that his/her created Member Content does not violate the rules set in 1), even during the restriction period.
  • ※ A set number of times required to trigger the automated sanctions (mentioned in ① and ② above) is constantly being adjusted during the V Fansubs Service operations. The goal is to offer optimal protection to both the V Fansubs Service and the Members from being exposed to inappropriate contents.
11. COPYRIGHT

11.1. Copyright owner of the Contents allows a Member to create V Fansubs. A Member who creates the V Fansubs is the owner of the copyright in such V Fansubs and Members of the Team V Fansubs shall be the co-owners of copyright in the Team V Fansubs.

11.2. Subject to the license scope of the copyright owner of the Contents, Member(s) shall provide the V Fansubs with the Contents only within the V Service and V Fansubs Service. Member(s) shall not use/provide/display/distribute/share the V Fansubs with the Contents in any third party’s services. The Member guarantees that his/her created V Fansubs is not infringing on neither copyright nor intellectual property rights of any third party.

11.4. In case of discontinuance of the V Fansubs Service or deletion of Content at the request of the Content’s copyright holder, or due to termination of the Agreement or other operation policies of the Company as stipulated in Article 7, the service of V Fansubs created by Member may also be terminated or deleted. In such a case, the Company has no responsibilities for keeping the V Fansubs at issue.

11.5. While the creator of the V Fansubs is normally revealed, the Company may, should it deem it appropriate, decide from time to time not to show/display the creators of some V Fansubs. In this case, Member agrees not to claim rights of attribution and integrity.

11.6. Due to the nature of this V Fansubs Service, some V Fansubs may be substantially similar, even identical with each other. The Members shall not object to the provision of the V Fansubs Service with the subtitles substantially similar to his or her own V Fansubs.

12. RESTRICTIONS OF USE

The Company may temporarily or permanently restrict the Member’s use of the V Fansubs Service under the following circumstances:

1) Temporary restriction:

  • ① The Member’s violation of obligations specified in Article 9; or
  • ② The Member’s violation of the Member Content creation policy specified in Article 10

2) Permanent restriction:

  • ① The Member’s repeated violation of obligations specified in Article 9;
  • ② The Member’s actions violating the Member’s obligations specified in Article 9 leading to a crime;
  • ③ The Member’s repeated violation of the ‘Member Content’ creation policy specified in Article 10; or
  • ④ The Member’s actions violating the ‘Member Content’ creation policy specified in Article 10 leading to a crime.
13. MEMBER’S ACTIVITY LEVEL

13.1. Depending on the degree of activity inside the V Fansubs Service (i.e. creation of V Fansubs and the frequency of creation) and the compliance degree (i.e. violation count of Member Content creation policy), each Member will be granted an individual level (hereinafter referred to as “Activity Level”).

13.2. Depending on the Member’s Activity Level, the scope or the range of the use of the V Fansubs Service may change.

14. COMPANY’S RIGHTS AND OBLIGATIONS, LIMITATION OF LIABILITY

14.1. The Company owns all rights to its V Fansubs Service.

14.2. The Company’s V Fansubs Service may be disrupted in times of war, natural disasters or similarly grave circumstances, and is not to be held responsible for the V Fansubs Service disruptions in cases like these.

14.3. The Company is not liable for damages caused by a Member’s use of the V Fansubs Service, unless the fault can be attributed to the Company.

14.4. The Company has no obligations to keep and retain the V Fansubs created by Members.

15. DAMAGES

Should the Company and/or the Member cause damages to the other party, and the liability of fault can be proven, the damaging party shall compensate the damaged party for said damages. Especially in the case of a Member violating Article 9.2. (Content’ copyright infringement), the Member shall solely be liable for any civil and/or penal legal consequences.

16. JURISDICTION AND APPLICABLE LAW

16.1. With regard to the Terms, the applicable laws shall be the laws and regulations of the Republic of Korea, and the court of the Republic of Korea shall have the jurisdiction.

16.2. The lawsuit for the dispute filed between the Company and the Member shall be based on the Member’s address at the time of petition, and if there is no address, the district court in jurisdiction over the residential place shall be the competent jurisdiction. However, if the address or residential place of the Member at the time of petition is not clear, the district court of jurisdiction shall be determined in accordance with the Civil Proceedings Act. If the Member has the address or the residential place overseas, the lawsuit occurred between the Company and the Member shall be governed by the Seoul Central District Court of the Republic of Korea as the competent court.

Supplementary Provision

These Terms shall become effective on July 1, , 2016.