Chapter 1: General Provisions
The purpose of these Terms of Service is to define the rights, obligations, and necessary matters between Omnious Co., Ltd. ("Company") and users in relation to the 'Vella' service provided by the Company.
- Definitions
- Purpose
- The terms used in these Terms of Service are defined as follows:
- "User" refers to an individual who has registered as a member by providing personal information to the Company and has been granted the right to use the services provided by the Company after agreeing to these Terms of Service.
- "Service" refers to the 'Vella' online platform service provided by the Company.
- "Content" refers to all services provided or sold on the platform, including information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials expressed in codes, characters, voice, sound, images, or videos used in information networks.
- Terms not defined in these Terms of Service shall be interpreted in accordance with relevant laws and general practices.
- Interpretation and Application of Terms
- The Company may establish separate terms of service and conditions for individual services depending on the specific content of the services provided. In such cases, the terms of service and conditions for individual services shall take precedence over these Terms of Service for matters related to those individual services.
- Display, Effect, and Amendment of Terms
- The Company shall display the content of these Terms of Service on the service registration screen so that users can easily understand them.
- The Company may amend these Terms of Service within the scope that does not violate relevant laws.
- When amending the Terms of Service, the Company shall specify the content of the amended Terms of Service and the effective date, and announce it at least 7 days prior to the effective date.
- Users may terminate the service agreement if they do not agree with the amended Terms of Service. If a user does not express their intention to reject from the date of notification to the effective date as specified in the previous paragraph, they shall be deemed to have agreed to the amendment of these Terms of Service as of the effective date. For users of paid services who terminate due to disagreement with the amendment of the Terms of Service, the Company's refund policy shall apply.
Chapter 2: User Registration and Withdrawal
- User Registration Application
- Users shall apply for registration by accurately filling out the registration form specified by the Company and indicating their intention to agree to these Terms of Service.
- The Company may reject (or reserve approval of) a user's registration application or restrict the use of some services in the following cases:
- If the email address is identical to that of an already registered user
- If the application is made using someone else's name
- If the content of the registration application is falsely stated or there are reasonable grounds to suspect so
- If the application is made for the purpose of disturbing public order, morals, or social ethics
- If other registration requirements set by the Company are not met
- If there is insufficient capacity related to the service
- If there are technical obstacles
- Establishment of Service Agreement
- The service agreement is established when the Company approves the user registration application.
- The time of establishment of the service agreement is the point at which the Company displays the registration completion indication in the application procedure.
- Assignment and Management of User ID
- The Company provides users with an account containing a nickname and unique identification characters.
- The Company performs user management tasks such as verifying minors through account information.
- The Company shall not be responsible for any damage to service use or unauthorized use by a third party due to negligent management of user ID and password.
- Changes to User Information
- Users can view or modify their information at any time through user information management.
- If there are changes to the information provided during the user registration application, users must update their personal information online or notify the Company of the changes via email or other methods. The user is responsible for any disadvantages arising from failure to notify such changes.
- User Withdrawal and Disqualification
- Users may request withdrawal from the Company at any time, and the Company shall process this according to the regulations on user withdrawal.
- The Company may restrict or suspend user qualifications without prior notice if the user falls under any of the following:
- If the user registration application violates any of the provisions in Article 1, Paragraph 2.
- If the user fails to fulfill their obligations related to service use within the specified period.
- If the user interferes with others' use of the service or steals their information
- If the user engages in acts prohibited by law or these Terms of Service, or acts contrary to public order and morals while using the Company's service
Chapter 3: Use of Service
- Service Use
- Users can use the service from the time the Company approves their registration application. However, some services may be available only on designated dates or when certain requirements are met.
- The service is provided 24 hours a day, 365 days a year in principle. However, the Company may temporarily suspend the service after prior notice for operational or technical reasons, and in cases where prior notice is not possible due to unavoidable reasons, the Company may notify afterwards.
- The Company may divide the service into certain ranges and set separate available times for each range. In this case, the content shall be disclosed in advance.
- Provision of Information and Posting of Advertisements
- The Company may provide users with various information deemed necessary during service use via email, postal mail, SMS (mobile text message), platform messages, etc. If users receive unwanted information, they may refuse to receive it, but even in such cases, the Company may provide essential information related to service use.
- The Company may post advertisements on the homepage, platform screen, email, etc. in relation to the operation of the service.
- The Company shall not be responsible for any damages resulting from users participating in promotional activities with advertisers posted on or through the service, or from communication or transactions with such advertisers.
- Creation and Management of Posts
- Users can create and utilize new images using their text and images within the scope permitted by relevant laws on the service. The text and images used by users for service utilization must not infringe on others' intellectual property rights, insult, invade privacy, or defame others, nor violate current laws or the rights of others. The user is responsible for all consequences arising from the use and redistribution of the generated results.
- The Company may delete users' posts without prior notice if they are deemed to fall under any of the following categories, and the Company shall not be held responsible for this:
- If it violates these Terms of Service or service operation policies
- If it is commercial or illegal content (text, photos, videos)
- If posted content is deemed obscene or vulgar
- If it insults others, damages others' reputation, or causes harm to third parties
- If the content violates public order and morals
- If the content is recognized as being associated with criminal acts
- If the content infringes on third parties' copyrights or other rights
- If the information does not align with the nature of the service
- If it violates other relevant laws and regulations
- The Company may delete posts that have lost their effectiveness as posts due to the passage of a certain period from the date of writing and whose purpose of retention is unclear, after announcing a notice and providing a one-week notification period.
- Management of Posts and Temporary Measures
- If a user's post contains content that violates the relevant laws, the Company may take immediate temporary measures such as suspension of posting in accordance with relevant laws or requests from legitimate rights holders ("Applicants").
- The person who wrote the post subject to the temporary measures ("Poster") may request the Company to restore the post during the 30-day temporary measure period ("Request for reposting"). If there is no request for reposting within this period, the Company may delete the post.
- With the consent of the poster and the applicant, the Company may request a review from the Korea Communications Standards Commission regarding the temporarily suspended post. If there is no consent, the Company shall decide whether to restore the post based on its own judgment.
- If there is a decision by the Korea Communications Standards Commission or the Company within the temporary measure period, the Company shall follow it. If there is no decision within the temporary measure period, the post shall be restored after the expiration of the temporary measure period.
- If a third party takes legal action, civil or criminal, against the user or the Company based on the infringement of legal interests due to the user's post, the Company may temporarily restrict access to the relevant post until a final court judgment is made.
- The responsibility for proving legal measures related to restricting access to posts and for proving the final court judgment lies with the party requesting measures for the posts.
- Attribution and Use of Intellectual Property Rights
- All rights, including intellectual property rights, to the services provided by the Company to users belong to the Company.
- The copyright and all other rights to the text, images, content, and results generated during the use of the service ("posts, etc.") uploaded by users in the process of using the service belong to each user unless otherwise stated.
- Users allow the Company to use their posts posted on the service for the following purposes domestically and internationally:
- Reproducing, transmitting, displaying posts within the service (including cases where the service is provided in the form of entering a certain area within platforms or media operated by third parties) and modifying posts by changing the size or simplifying them without changing the content to expose excellent posts on the service screen
- Reproducing, transmitting, or displaying posts in other services operated by the Company. However, this does not apply if the user has explicitly not agreed to reproduction, transmission, or display
- Allowing media, telecommunications companies, etc. to report or broadcast all or part of the posts for the purpose of promoting the Company's services. In this case, the Company does not provide user information to media, telecommunications companies, etc. without individual consent from users
- When users post content on the service, it is considered that they have allowed the Company to use their posts and results for the above purposes.
- Measures for Infringement of Third Party Intellectual Property Rights
- If the Company is notified that posts posted by users on the platform infringe on third party intellectual property rights or if infringement is reasonably suspected, the Company may immediately delete or suspend the posting of such posts on the platform.
- When claiming infringement of their intellectual property rights, intellectual property rights holders must notify the Company in writing or by email, including all of the following information:
- Electronic signature or actual signature of the intellectual property rights holder or their legal representative
- The content claimed to be infringing
- Detailed description of the location on the platform where the allegedly infringing content is posted or used
- Address, phone number, and email address of the intellectual property rights holder or their legal representative
- A statement by the intellectual property rights holder or their legal representative that all information in the written notice claiming infringement is factual and that they will bear legal responsibility if found to be false
- If a user's post is mistakenly deleted or suspended, the user must notify the Company in writing, including all of the following information:
- User's electronic signature or actual signature
- Detailed description of the location on the platform where the content that was deleted or made inaccessible was posted
- A statement that the user believes their content was mistakenly deleted or made inaccessible, and a pledge to bear legal responsibility if this statement is found to be false
- User's name, address, phone number, and email address
- If a third party or user notification related to this article does not meet the requirements described above, the Company may consider the notification invalid and has no obligation to respond or reply to it.
- Restriction of Service Use
- The Company may restrict or suspend a user's service use if the user's actions fall under any of the following:
- Hacking or other actions that interfere with service operation
- Transferring or selling rights to the service to a third party
- Forging, altering, stealing, or improperly acquiring or using payment methods in service payments
- Engaging in profit-making activities such as posting advertisements or promotions targeting unspecified viewers in nicknames or messages
- Posting content that insults others or damages their reputation in nicknames or messages, causing harm to third parties
- If the information provided by the user is found to be false or if there are reasonable grounds to suspect that it contains false information
- Creating content, posts, or writings that violate separate Vella operation policies
- In addition to the above provisions, the Company may arbitrarily suspend the service if the user acts in violation of these Terms of Service or relevant laws. In this case, the Company may prohibit the user's access.