Terms of Service of PLINGCAST Co., Ltd.
Article 1 (Purpose)
The purpose of these terms is to define the rights and obligations of the company, PLINGCAST Co., Ltd. (hereinafter referred to as "the Company"), and the users in relation to their use of PLING (hereinafter referred to as "the Service"), as well as other related matters.
Article 2 (Definitions of Terms)
1.
“Pling” (hereinafter referred to as “Service”) refers to a virtual marketplace established by the Company to allow users to utilize various audio content (hereinafter referred to as “Content, etc.”) and to conduct transactions for all goods and services by using information and communication equipment such as computers. Additionally, it is also used to refer to the operator of this site.
2.
“User” refers to an individual who agrees to these terms and has been granted the eligibility to use the services provided by the Company.
3.
“Youth User” refers to individuals among the defined “Users” who have not reached the age of majority, defined as those under 19 years of age according to Article 4 of the Civil Act.
4.
“App Store (Open Market) Operator” refers to the entirety of electronic commerce providers that enable the installation and payment for the services (including providers offering in-service payments). (e.g., Google Play, App Store, Apple App Store, Settle Bank, T Store, Olleh Market, U Plus App Market, etc.)
5.
“Pling” refers to the internet-based payment method that users purchase to utilize services such as owning or renting content.
6.
“Pling Pick” and “Pling Store” refer to the virtual marketplaces established within the service for conducting transactions related to goods or services (hereinafter referred to as “Goods, etc.”) using information and communication equipment such as computers, and it is also used to refer to the operator of an online mall.
7.
“Top-up” refers to the act of converting cash into Pling using the payment methods provided by the Company for the purpose of making a contribution.
8.
“Refund” refers to the act of returning Pling converted from cash back to the user.
9.
“Withdrawal” refers to the expression of intent by the user to terminate the service usage agreement.
10.
Unless specified otherwise in paragraph 1, the definitions of terms used in this agreement follow the relevant laws and regulations.
Article 3 (Effect and Modification of Terms)
1.
These terms shall take effect upon their announcement on the service webpage as of the effective date, and may be amended within the scope that does not violate relevant laws in the event of reasonable cause.
2.
When the company changes these terms, it shall specify the effective date and reasons for the amendments, and post this information on the initial screen of the "Pling" webpage for a period of seven days prior to the effective date. However, if the terms are modified to the disadvantage of the user, the company will provide at least a 30-day notice period before the changes take effect. In such cases, the company will clearly compare the content before and after the amendments to facilitate user understanding.
3.
If these terms are amended, the company will provide services in accordance with the revised terms, and if the user continues to use the services despite the changes, it will be interpreted that the user has consented to the amended terms.
Article 4 (Rules Supplementary to the Terms)
Matters not specified in these terms and the interpretation of these terms shall be governed by the relevant laws and regulations, including the Act on Promotion of the Content Industry, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Act on Consumer Protection in Electronic Commerce, and the Act on the Regulation of Terms and related customary practices.
Article 5 (Membership Registration)
1.
Users may apply for membership by filling out the membership information in the application form set by the company and expressing their intention to agree to these terms and conditions.
2.
Membership applications shall be submitted by filling in the mandatory information requested by the company on the online application form.
3.
The company considers all membership information provided by the user during the application process as actual data. Therefore, regardless of intent or negligence, users who provide false information shall not be entitled to legal protection and may be subject to restrictions on services.
4.
Members must immediately provide the company with any changes to the registration details as stipulated in paragraph 2 of this article through the service.
5.
The completion of registration shall be deemed to occur at the time the company's acceptance of the membership application reaches the member.
Article 6 (Acceptance and Rejection of Membership Application)
1.
The Company will accept membership applications in the order they are received, unless there are special circumstances.
2.
The Company may restrict the acceptance of membership applications in the cases specified below and may defer acceptance until the reasons are resolved
① When there is insufficient capacity in the service-related facilities
② When there are technical issues
③ If the applicant has previously lost membership status in accordance with Article 8, Paragraph 2 of these Terms
④ If there are inaccuracies, omissions, or typographical errors in the registration details
⑤ Any other circumstances deemed necessary by the Company.
Article 7 (Modification of Member Information)
Members may change their registration information at any time by using the profile editing feature in the service app.
Article 8 (Withdrawal from Membership and Loss of Qualifications, etc.)
1.
Members may request to withdraw from the company at any time, and upon receiving such a request, the company will immediately process the member's withdrawal.
2.
The company may restrict or delete a member's qualifications in the following cases: ① if false information was provided during the application for membership
② if there are equipment limitations or technical difficulties
③ if the member violates Article 22 or falls under Article 23 of these Terms
④ if the member impersonates the company or a third party or intentionally disseminates false information
⑤ if the member exchanges rights to use the content (such as a subscription) for cash, goods, or other economic benefits in a manner not specified by the company
⑥ if the member violates age rating and compliance requirements under the "Youth Protection Act" when using adult content
⑦ if the member uses another person's payment method or email address without permission
⑧ if the member infringes on the intellectual property rights, rights of honor, privacy rights, or other legal or contractual rights of the company or a third party
⑨ if the company deems it necessary for other reasons.
3.
If the company deprives a member of their qualifications according to the preceding two clauses, the company will notify the member of the fact and reasons for such deprivation. However, if the member clarifies their position within 30 days of receiving the notification and the content is deemed legitimate, the company will immediately restore the member's qualifications.
4.
Upon a member's withdrawal or loss of membership qualifications, the company will destroy the member's personal information in accordance with the range and procedures specified in relevant laws, such as the Act on Promotion of Information and Communications Network Utilization and Information Protection.
5.
If a member withdraws, any access rights or subscriptions already paid for by the member will not be refunded.
6.
When a member deletes any purchased or owned content, the content will not be recoverable. Furthermore, if the member's ID is deleted due to withdrawal or other reasons, the content will not be recoverable, even if the member has not personally deleted the content.
7.
Access rights obtained through fraudulent means will expire simultaneously with the notification of the loss of qualifications, and the member cannot claim any rights concerning this. Additionally, if the member used the service through any improper advantages obtained, the member or individuals involved in the improper acquisition may bear civil and criminal liability under relevant laws.
8.
Members may prove that the reasons for improper usage were not due to their intention or negligence. In such cases, the company will review the member's clarifications and, if the member's claims are deemed valid, will allow the member to use their access rights normally.
Article 9 (Notification to Members)
1.
The Company may notify members through announcements on the service app or the homepage's initial screen, as well as via the email address provided by the member at the time of registration.
2.
In cases of notifications to an unspecified number of people, the Company may substitute individual notifications by posting the relevant information on the initial screen of the service webpage for one week.
Article 10 (Management and Security of Member Accounts)
1.
Members are prohibited from sharing or transferring their Pling account or login information to any third party.
2.
Members are responsible for keeping their account information confidential and for any use of their login information.
3.
Accounts that have not been accessed for over one year may be deleted without notice to the user.
4.
The Company shall not be liable for any damages resulting from negligence in account management or account sharing.
Article 11 (Types of Services and Changes)
1.
The types of services provided by the company are as follows:
1. Provision and sale of information regarding content, etc.
2. Any services that the company offers to users through additional planning or partnerships with other companies.
3. All goods and services traded through the medium of the service.
4. Any services deemed necessary for service operation as judged by the company.
1.
The types of services provided by the company may change in accordance with the company's management policies, and any changes will be announced through the service.
Article 12 (Use of the Service)
1.
Users may access the Flink app (via the App Store, Play Store, or web) and utilize the service after paying the service usage fee. However, the commencement of service usage may be postponed due to unavoidable circumstances as stipulated in Article 12.
2.
The service is available year-round, 24 hours a day, unless there are business or technical issues on the part of the company or other exceptional reasons. However, the company may restrict service access only for users who violate the obligations specified in Article 20.
3.
The company’s services are subject to age restrictions, and users wishing to access the services must complete a separate adult verification process established by the company.
4.
Services are categorized into free and paid services, and the types and methods of use for both free and paid services are governed by these terms and conditions and additional provisions announced or specified by the company.
Article 13 (Suspension of Service Provision)
1.
The company may suspend the provision of some or all services in the following cases:
① In unavoidable circumstances due to maintenance work on service equipment, etc. ② When the designated telecommunications operator temporarily suspends telecommunications services as stipulated by the Telecommunications Business Act. ③ When there is an impediment to the normal use of services due to a national emergency, power outage, service equipment failure, or surge in service usage.
④ When there are acts that undermine the provision of services by others based on risks on the network.
2.
In cases outlined in the first item, the company will notify users in advance of the reasons for the service suspension and the expected time for restoration through the service app or webpage. However, if there are unavoidable reasons that prevent the company from providing prior notice, it may notify users afterward.
Article 14 (Restrictions on Service Use)
1.
The company may restrict a member's access to the service if the member violates the provisions of Article 20 of these terms or engages in any of the following acts:
① Posting obscene content that undermines public morals
② Posting content that infringes on the copyright, honor, or rights of others
③ When there is a corrective request from relevant public institutions such as the Information and Communication Ethics Commission
④ Engaging in activities that obstruct other users' access to the service
⑤ Acts that interfere with the normal operation of the service
⑥ Any other actions deemed illegal by the company that adversely affect the user's service access.
2.
In cases where the company restricts service use pursuant to the preceding paragraph, the company will notify the member of the reasons for the service restriction along with the period available for clarification.
3.
Members whose access to the service has been restricted may dispute the restriction through the company's customer service, and if a dispute is raised, the company may review the case again to determine whether to lift the restriction for the user. In such cases, the company will promptly inform the user of the outcome using the method requested by the user (via email or phone call).
Article 15 (Precautions Regarding the Provision and Use of Free Vouchers and Event Currencies)
1.
The vouchers and event currencies provided to members by the company are only usable within their validity period, and will expire after this period.
2.
Free vouchers and event currencies are non-refundable. Bonuses and event currencies provided by the company cannot be combined with those from other accounts.
Article 16 (Service Fees and Payment Methods)
1.
Members wishing to use the paid services offered by the company can do so by purchasing vouchers/currencies through payment of the amount set by the company’s criteria, and the detailed information regarding service fees and payment methods will be specified on the in-app payment-related page.
2.
Service fees and payment methods are subject to change in accordance with the company's policies.
3.
The company shall not be responsible for any issues arising in relation to the payment of service fees.
Article 17 (Cancellation and Refund of Service Fees)
1.
Members who have entered into a contract regarding the use of membership and cyber money with the Company may request refunds and subscription cancellations through the App Store for iOS users and Google for Android users.
2.
The Company may terminate the membership services for operational or technical reasons, and in such cases, the Company will notify members at least 15 days prior to the termination date.
3.
The Company shall not bear any separate responsibility for damages arising from incorrect input of refund information by the member.
4.
In cases where the contract is terminated due to reasons attributable to the member, such as violations of applicable laws and significant terms, refunds may be restricted.
5.
Members who have entered into a contract for the purchase of goods (excluding audio content) through the Flinkpick (Flinkstore) within the service may withdraw their offer within 7 days from the date of receipt of the written contract information in accordance with Article 13, Paragraph 2 of the Act on the Consumer Protection in Electronic Commerce, etc. (If the supply of goods is delayed, it refers to the date the goods are supplied or the date the supply of goods begins). However, if there are different provisions regarding withdrawal of the offer under the Act on the Consumer Protection in Electronic Commerce, etc., those legal provisions shall apply.
6.
If the user has received the goods, they cannot return or exchange them in the following cases:
①If the goods have been lost or damaged due to reasons attributable to the user
②If the value of the goods has significantly decreased due to the user's use or partial consumption
③If the value of the goods has significantly decreased to the extent that reselling is difficult due to the passage of time
④If the original goods have been packaged in a way that allows them to be reproduced with goods of the same performance and the packaging has been damaged
⑤If the packaging has been opened or damaged to the extent that the product value has been lost
⑥If more than 7 days have passed since the receipt of the product
⑦If it is determined through inspection by the quality control personnel of the Flink logistics center that the product value has been lost.
Article 18 (Cancellation and Refund of Paid Content Purchases)
1.
In the case of audio paid content services provided by the Company, cancellations and refunds are not permitted after payment of the usage fee due to the nature of digital services. However, this does not apply if the content of the service is clearly different from the displayed and advertised information.
Article 19 (Company's Obligations)
1.
The Company has an obligation to ensure that members can use the services in a pleasant environment, adhering to the principle of good faith and sincerity.
2.
The Company shall not engage in acts that violate relevant laws and regulations or the terms and conditions, and it has an obligation to provide a stable service.
3.
The Company implements a privacy policy to ensure that members can use the services safely and has an obligation to protect the personal information of its members in accordance with this policy. The Company’s privacy policy can be confirmed on the service's website.
4.
The Company does not send unsolicited commercial electronic mails or advertisements to members who do not wish to receive them.
Article 20 (Member's Obligations Regarding ID and Password)
1.
The responsibility for managing the ID and password rests with the member. (Including social quick login)
2.
Members must not allow third parties to use their ID and password.
3.
If a member becomes aware that their ID and password have been stolen or are being used by a third party, they must immediately notify the company and comply with any instructions provided by the company.
Article 21 (Obligations of Members)
1.
Users must comply with the provisions of these terms and other matters announced by the company, as well as relevant laws and regulations, and must not engage in acts that hinder the company’s operations or damage its reputation.
2.
Users may not engage in business activities using the service without the company’s prior approval, and the company shall not be liable for any issues arising from such business activities. Furthermore, in the event that the company suffers damage due to such business activities by the user, the user shall be liable for damages to the company.
3.
Users must not engage in any of the following actions while using the service:
① The act of reproducing, distributing, publishing, broadcasting, or otherwise using information obtained during the use of the service without the company’s prior approval or providing it to third parties.
② The act of posting or distributing content that infringes on another party's intellectual property rights, including patents, trademarks, trade secrets, and copyrights.
③ The act of transmitting, posting, or distributing obscene or vulgar information, sentences, shapes, etc., that violate public order and morals to others via email or other means.
④ The act of transmitting, posting, or distributing content that is defamatory or threatening and may infringe upon another party's privacy via email or other means.
⑤ The act that is objectively deemed to be connected to criminal activity.
⑥ The act of collecting or storing personal information of other users.
⑦ The act of impersonating company employees or associates.
⑧ The act of altering the company's client program, hacking the company’s server, or arbitrarily modifying a portion or all of the website or posted information without special rights granted from the company.
⑨ The act of causing harm to the service or intentionally obstructing the provision of the service.
⑩ The act of harassing or threatening other users or continuously causing distress or discomfort to specific users.
⑪ Any other action that violates laws and regulations.
Article 22 (Prohibition of Unauthorized Use)
1.
The Company considers the following cases as acts of unauthorized use:
① Selling, renting, or transferring one’s own ID along with the content, credits, coupons, goods, etc., to another person or advertising such activities.
② Running reproduction programs or recording during service usage.
③ Circumventing the DRM of the content.
④ Illegally using content without a legitimate contract established between the Company and the member through payment.
⑤ Illegally obtaining or using others' personal or financial information to purchase coins or digital content products.
⑥ Participating against the participation conditions of events conducted by the Company.
⑦ Sending multiple works using a single account with free credits or goods obtained from multiple registrations from the same IP address.
⑧ Repeated actions that harm the Company's healthy operations or intentionally obstruct the operation of the Company’s services, such as disseminating or sharing false information related to the Company’s operations that tarnish its reputation or undermine its credibility.
•
Impersonating the Company name or its employees, management to deceive others or gain benefits, causing harm and confusion.
•
Any acts that may harm the Company's operations.
1.
If unauthorized users as defined in paragraph 1 are discovered, the Company may take the following actions:
① Upon first discovery, the Company will provide a prior warning of the violation through email or postal notice within the site and may register the ID as restricted, thereby halting service use and suspending the use of content, credits, goods, etc., obtained through unauthorized use. For physical products, the Company may initiate a retrieval procedure or demand compensation.
② Upon second discovery, the Company will announce the violation’s details and may take legal action if necessary. If the member fails to present valid reasons within the stipulated period for clarification, the membership registration may be canceled, and the rights to use purchased content may be forcibly terminated.
③ If participating against the conditions of the event, awards and benefits may be restricted without prior notice.
④ No separate compensation will be provided for actions corresponding to the above items.
2.
If a member has objections to the actions taken by the Company under paragraphs 1 and 2, they may clarify the matter with the Company’s customer service team and receive separate measures concerning their usage accordingly.
Article 23 (Relationship between Connecting Services and Linked Services)
1.
When a higher-level service and a lower-level service are connected through methods such as links (for example, links may include text, images, and video), the former is referred to as the connecting service (app, website), and the latter is referred to as the linked service (app, website).
2.
The connecting site shall not be held liable for transactions with users that arise from goods and services independently provided by the linked site.
Article 24 (Attribution of Copyright and Usage Restrictions)
1.
Copyright and other intellectual property rights for works created by the company belong to the company.
2.
Users are prohibited from using the information obtained through the service for commercial purposes by reproducing, transmitting, publishing, distributing, broadcasting, or using it in any other manner without prior consent from the company, or allowing third parties to use it.
Article 25 (Management of Posts)
The Company may arbitrarily suspend, delete, or relocate posts that fall under any of the following categories without prior consent from the poster, and may also refuse the registration of such posts:
1.
If the content severely insults or defames other users or third parties
2.
If it disseminates or links to content that violates public order and morals
3.
If it promotes illegal copying or hacking
4.
If it is advertising for profit
5.
If it objectively acknowledges content that is linked to criminal activities
6.
If it infringes upon the copyrights or other rights of other users or third parties
7.
If it expresses political opinions or religious views that the Company deems inconsistent with the nature of the service
8.
If it contravenes the posting principles established by the Company or is inconsistent with the nature of the bulletin board
9.
If it is objectively judged to violate other relevant laws and regulations.
Article 26 (Advertising and Company's Exemption from Liability)
1.
The Company shall be exempt from liability for any damages incurred by users due to the interruption, modification, or cessation of service, except in cases where the cause of such interruption, modification, or cessation is due to the Company's intentional misconduct or gross negligence.
2.
The Company shall be exempt from liability for the failure of users to achieve anticipated earnings or rankings as a result of using the service.
3.
The Company shall be exempt from liability for disadvantages and loss of information that users experience due to modifications made to their personal information, including their accounts.
4.
The Company has no obligation to intervene in disputes arising between users or between users and third parties mediated by the service, nor is it liable for any damages resulting from such disputes.
Article 27 (Compensation for Damages)
1.
The Company shall not compensate users for damages arising from free services. However, if damages occur to paid service users due to the Company's intentional misconduct or gross negligence, compensation shall be provided in accordance with relevant laws and regulations.
2.
In the event that a user violates these terms of service or infringes upon the copyright and other intellectual property rights of others, causing damages to the Company or third parties, the responsibility for such damages shall be entirely borne by the user.
Article 28 (Disclaimer)
1.
The Company shall be exempt from liability for its inability to provide services due to natural disasters, wars, or other comparable force majeure events.
2.
The Company shall be exempt from liability for damages incurred by users due to interruptions or abnormal provision of telecommunication services by telecommunications providers.
3.
The Company shall not be liable for any damages incurred by users due to necessary circumstances such as maintenance, replacement, regular inspections, or construction of service facilities.
4.
The Company shall not be liable for damages incurred by users due to errors in the users' computers while using the service.
5.
The Company shall not be liable for any interruptions or damages in service utilization caused by the users' own fault.
Supplementary Provisions
Effective Date: [October 18, 2024]
This document contains the intellectual property rights and trade secrets of PLINGCAST Co., Ltd., and unauthorized disclosure may result in legal penalties.