KPA
Korean Psychological Association
Terms of Use
Chapter 1 General Rules
Article 1 (Objective)
The objective of this Terms of Use (hereinafter referred to as 'Terms') is to specify in detail all the matters related to the terms of admission to and use of the service provided by the Korean Psychological Association (http://www.koreanpsychology.or.kr/, hereinafter referred to as 'Association') (hereinafter referred to as 'Service') to users (hereinafter referred to as 'Members') and other matters required.
Article 2 (Terminologies and Definitions)
- The definitions of the terminologies used in this Terms are as follows:
- A 'Member' means a user who is using the Service after agreeing on the Terms.
- 'Use Contracts' mean all the contracts concluded between the Association and the Members in relation to use of the Service including this Terms.
- A 'User ID' means a combination of unique letters and numbers given by the Association to each Member when applied by the member for identification of the Member and use of the Service.
- A 'Password' means a combination of unique letters and numbers set and registered in the Association by the Member for verification of the identity of the Member identified by the user ID.
- A 'Terminal' means a computing device such as a personal computer, PDA or a mobile phone used by the Member to access to the Service.
- 'Cancellation' means cancelling of the use contract by the Association or the Member.
- As to the terminologies used in this Terms which are not defined in Paragraph (1) above, what is prescribed by the related laws and the guide for each service shall be followed, and otherwise the general practice shall be followed.
Article 3 (Effect of and Change in the Terms)
- This Terms shall be announced on-line through the Web Site of the Association, and shall come into force when it is agreed upon by the Member and accepted by the Association. The Association may revise the Terms within the extent of not violating the related laws, if there is a reasonable cause. The revised Terms shall come into force when it is announced through the Association in accordance with due process.
- Members should check the revisions made for the Terms by periodically visiting the Web Site of the Association. The Association shall take no responsibility for the damage incurred to Members as a result of not having the information about the revised Terms.
- Members may request for withdrawal from (cancellation of) the membership when they do not agree on the revised Terms.
Article 4 (Rules other than the Terms)
The Association may establish separate terms or operation rules for individual items in the Service (hereinafter referred to as 'Guide for Each Service'), when required, and, if the contents of the 'Terms' and the 'Guide for Each Service' conflict with each other, the content of 'Guide for Each Service' shall be preferentially applied.
Chapter 2 Conclusion of a Use Contract
Article 5 (Establishment of a Use Contract)
- A use contract comes into existence when the user agrees on the content of the use contract and the Association accepts the use application.
- The intention to agree on the use contract is expressed by pressing the 'Agree' button on the application at the time the use application is prepared.
Article 6 (Use Application for the Service)
- The user who wants to apply for the membership to use the Service should provide all the information (user ID, password, name, contact information, etc.) requested by the Association.
- All Members can use the Service only after providing the personal information, and the member who has not registered his/her real personal information by stealing and using the personal information of another person or registering false information cannot assert any right in relation to use of the Service and may be punished pursuant to the related laws.
- A new Member shall be admitted only when his/her real personal information is provided, and the Association may take an action to confirm the information registered by the Member. The Member should positively cooperate with the confirmation action of the Association, and, if the Member fails to observe this, the Association may treat the information registered by the Member as being unfaithful.
- The Association may classify the Members into different grades to allow them to use the Service in different conditions in relation to use hours, number of times of use, and Service menu.
Article 7 (Protection and Use of Personal Information)
- The Association shall make efforts to protect personal information of Members as prescribed by the related laws. As to protection and use of personal information, the Personal Information Protection Policy of the related laws and the Association shall be applied. However, the Personal Information Protection Policy of the Association does not apply to the linked sites other than the official site of the Association. Also, every Member has to thoroughly manage his/her password and so on lest it should be exposed to others, and the Association shall not take any responsibility for the information exposed to others due to a reason attributable to the Member.
- The Association may provide the personal information of a Member to a third party within the limit allowed by the law in the following cases:
- When it is requested by an investigation agency or other government agency;
- When it is required for information protection works such as confirmation of an unfaithful act including violation of the law or the Terms by the Member; or
- When it is required by the law otherwise.
Article 8 (Acceptance of Application for Use and Limitation)
- The Association shall accept use of the Service in the order of the application for use submitted pursuant to the provisions in Article 5 and Article 6 in principle unless there is an operational or technical difficulty.
- The Association may reserve its acceptance in one of the following cases:
- When the real personal information of the Member is not provided in the application for use;
- When the application is made for the purpose of violating the law or hindering stability and public order of the society or public morals;
- When the intention is to use this Service for an illegal purpose;
- When the intention is to use this Service for the purpose of seeing profit;
- When the application is made by a user who is in competition with the Service;
- When the application is made by a user whose use contract has once been cancelled due to violation of the law or the Terms; or
- When the application is made in violation of other matters prescribed.
- The Association may reserve its acceptance of the application which falls under one of the following cases until the cause which limits the acceptance is eliminated:
- When the facility of the Association has no room;
- When the Association has a technical difficulty; or
- When it is difficult for the Association to accept the application for use due to a reason attributable to the Association.
- If the customer applying for use of the service is a minor as prescribed in the related law, the Association may reserve its acceptance in accordance with the provisions in the Guide for Each Service.
- If one of the causes in Paragraph (2) is found after the membership admittance procedure is completed, the Association may withdraw its acceptance on use.
Article 9 (User ID Allocation and Change, etc.)
- The Association allocates a user ID to each Member as prescribed by the Terms.
- The user ID cannot be changed in principle, and, if the user wants to change the ID due to an inevitable reason, the relevant ID should be cancelled and a new ID should be obtained through re-admission process.
- A user ID of the Association may be connected to that of the other Web Site operated by the Association or an affiliated association under the consent of the Member.
- In one of the following cases, the user ID may be changed or its use may be stopped on request of the Member or by the authority of the Association:
- When there is a risk for infringement of privacy because a telephone number or a resident registration number is registered as a user ID;
- When it gives a feeling of aversion or goes against public morals;
- When it is same as the name of the Association, the Service of the Association, or the service operator, or there is a risk for misperception; or
- When there is any other reasonable cause.
- The responsibility to manage the user ID and password is with the Member. The responsibility for the damage related to use of the Service or illegal use by a third party caused by careless management of the user ID and password is with the Member, and the Association shall take no responsibility in such a case.
- All other matters related to management and change of personal information of Members shall be as prescribed in the Guide for Each Service.
Chapter 3 Obligations of the Contractual Parties
Article 10 (Obligations of the Association)
- The Association should enable the Member to start using the Service on the desired service provision starting date unless there are any special circumstances.
- When the system is in trouble or has been destroyed, the Association should repair or restore the system without delay for provision of continuous and stable service unless there is an inevitable cause not allowing it to do so.
- The Association shall build a security system to protect personal information, and shall announce and observe Personal Information Protection Policy.
- When an opinion or a complaint raised by a Member is objectively acknowledged to be reasonable, the Association should immediately settle it through proper process. However, if it is difficult to be settled immediately, the cause and the settlement schedule should be notified to the Member.
Article 11 (Obligations of Member)
- Each Member should prepare the application for membership or application for change in the member information using the real information of the Member with every matter based on facts, and, if the registration is made using false information or information of other person, the Member cannot assert any right related to the membership.
- Members should observe the matters specified in the Terms, all other matters prescribed by the Association, announcements made by the Association, and the related laws, and should not conduct any act which interferes with the works of the Association, brings disgrace on the Association, or causes damage to other persons.
- When there is any change in the content of the use contract such as address, contact information, e-mail address, and so on, the Member should immediately notify it to the Association through the relevant procedure.
- Members should not conduct business activities using the Service without prior consent of the Association, and the Association shall take no responsibility for the result of such business activities. Also, if such business activities have caused damage to the Association, the Member shall have the obligation to compensate the damage to the Association, and the Association shall be entitled to limit use of the Service by the relevant Member and to claim for damages through due process.
- Members should not assign or give the right to use the Service, or its other standing under the use contract to a third party, or offer it as a security, unless it is explicitly agreed by the Association.
- Members should not infringe all the rights of the Association or the third parties including the intellectual property rights, or conduct an act which falls under one of the cases in Article 18.
Chapter 4 Use of the Service
Article 12 (Service Use Hours)
- The Service shall be provided 24 hours a day 365 days a year in principle unless the Association has some particular operational or technical difficulty. However, the Association may temporarily stop providing the Service on the day or at the time decided by the Association for regular inspection, extension or replacement of the system, and temporary discontinuation of the Service due to a scheduled work shall be notified in advance through the Web Site of the Association.
- The Association may temporarily stop the Service, in whole or in part, without a prior notice if an inevitable cause such as urgent system inspection, extension, replacement, facility failure, deluge of service use, national emergency, or blackout occurs.
- The Association may stop providing the Service, in whole or in part, after notifying the Members in advance if required for the operation such as Service reorganization.
Article 13 (Posts of Members, etc.)
- Posts mean the writings, photos, various files and links Members post while using the Service.
- If a post registered in the Service by a Member causes damage or other problem to the Member himself/herself or other persons, the Member shall take the responsibility, and the Association shall not take any responsibility unless there are some special circumstances.
- For the post which falls under one of the following cases, the Association may take a related action such as temporary discontinuation of posting, modification, deletion, displacement, or refusal to register without prior consent of the Member:
- When the content puts a serious insult or brings disgrace on another Member or a third party;
- When it circulates or links to the content which harms public order or public morals;
- When the content encourages illegal reproduction or hacking;
- When it is an advertisement of commercial purpose;
- When the content is objectively acknowledged to be associated with a crime;
- When the content infringes the copyright or other right of another user or a third party;
- When the content contains a private political judgment or a religious opinion that the Association judges to be inappropriate to the nature of the Service;
- When it does not conform to the principles of posts specified by the Association or to the nature of the bulletin; or
- When it is presumed to be in violation of the related law.
- If the Association is requested by a third party to stop posting a certain article by reason of defamation, infringement of right such as intellectual property right, etc., the Association may temporarily stop posting (transmitting) the article, and, if result of the lawsuit, or an agreement between the person who has requested to stop posting the article and the person who has registered the post, or an equivalent decision of the related agency is notified to the Association, the Association shall follow it.
- When posting of the relevant article has been temporarily stopped, the Member who has posted it may request the Association for reposting (restarting of transmission), and, if no request is made for reposting within 30 days after the posting has been stopped, the Association may delete it.
Article 14 (Copyright of Posts)
- The copyright and other intellectual property right of the post or work prepared by the Association belong to the Association.
- The copyright of the post registered in the Service by a Member belongs to the Member. However, the Association may use a post registered by a Member free of charge as follows for the purpose of operation, exhibition, transmission, distribution and publicization of the Service without getting a separate permit of the Member within the reasonable limit conforming to the fair practice specified in the Copyright Act:
- Reproduction, modification, remodeling, transmission, and distribution of a Member post within the Service, and edition of the work within the limit of not damaging the nature of the work; and
- rovision of the content of a Member post to a service partner such as media or a communication provider for exhibition or publicization.
However, in such a case, the Association shall not provide any personal information of the Member other than the user ID without getting a separate consent of the Member.
- When the Association wants to use a Member post in any other way than those described in the previous Paragraph, the Association should obtain the consent of the Member in advance via telephone, fax or e-mail.
- When a Member cancels the use contract, all the posts recorded in the account of the relevant Member (ex.: mail, blog, etc.) shall be deleted. However, that will not be the case with the article posted again or reproduced by another person after being stored or taken, the post provided being combined with a post of another person, or the post registered in the public bulletin.
Article 15 (Provision of Information)
- The Association may provide Members with various information recognized to be required for use of the Service by means such as e-mail, letter, mail, SMS, or telephone.
- The Association may collect additional personal information with the consent of the relevant Members for the purpose of improvement of the Service or introduction of the Service for Members pursuant to the related laws.
Article 16 (Insertion of Advertisement and Transaction with Advertiser)
- A part of the foothold for investment in the Service provided to the Members by the Association comes out of the income through insertion of advertisement. The Members agree on insertion of advertisements which appear when using the Service.
- The Association shall not take any responsibility for the loss or damage incurred to the Members as a result of being involved in the communication or transaction promoted by the advertiser through an advertisement inserted in the Service.
Chapter 5 Cancellation of Contract and Limitation on Use
Article 17 (Contract Change and Cancellation)
- When a Member wants to cancel the use contract, the Member in person should cancel the membership using the [Customer Center] menu in the Service.
- When a Member has cancelled the use contract, the Association shall cancel the member registration in accordance with the Personal Information Protection Policy of the Association. In this case, the Association shall notify the Member, and, when the Association intends to cancel a use contract by authority, the Association shall give the Member a chance to explain the situation before cancellation.
Article 18 (Limitation on Use of the Service)
When a Member violates the content of Article 11 of this Terms while using the Service or falls under one of the following cases, the Association may limit use of the Service, initialize the registration, cancel the use contract or take other relevant actions:
- An act of registering unfaithful content in the Member information, stealing and using a user ID, password or other personal information of another person, or selling or providing the user ID to another person;
- An act of distributing information, sentence, figure, sound or video image of which the content is vulgar or lewd in violation of public order or public morals, or may bring disgrace on or infringe privacy of another person by transmitting, or posting it or sending it via e-mail or any other means;
- An act of taunting or threatening another user, or continuously causing pain or inconvenience to a specific user;
- An act of changing the client program of the Association, hacking the server of the Association, or arbitrarily changing the Web Site or the information posted in it, in whole or in part, without being granted a special right from the Association;
- An act of reproducing the information obtained through the Service for anything other than the purpose of using the Service, using it for publication or broadcasting, or providing it to a third party, without obtaining prior consent of the Association;
- An act of interfering with normal operation of the Service by impersonating a member of the operation team, a staff or a related person of the Association, or by intentionally interrupting the Service;
- When a related public agency such as the Korea Internet Safety Commission requests for a corrective action; or
- An act of violating various laws which is objectively presumed to have violated various regulations prescribed by the Association including the Terms, or to be associated with a crime.
Chapter 6 Compensation for Damages and Other Matters
Article 19 (Compensation for Damages)
- If the Association or a user has caused damage to the other party, on purpose or by mistake, in relation to use of the Service, the party that has caused the damage should compensate for the damage.
- The Association shall take no responsibility for any damage related to use of the Service provided free of charge unless it violates the content prescribed in the Personal Information Protection Policy.
Article 20 (Exemption Clause)
- If the Association is unable to provide the Service due a natural disaster, war, discontinuation of the service of a key telecommunication service provider, or an equivalent force majeure, it will be exempted from the obligation to provide the Service.
- The Association shall be exempted from the responsibility for the damage resulting from an inevitable cause such as repair, replacement, regular inspection, or construction of the Service facility.
- The Association shall not take any responsibility for the damage caused by an error of the Member computer, or insufficiency of the personal information or e-mail address entered by the Member.
- The Association shall not take any responsibility for the income a Member has expected but failed to obtain using the Service, and for the damage caused by the data obtained while using the Service.
- The Association shall not take any responsibility for the content of the various information, data and facts posted in the Service by a Member such as reliability and accuracy, and has no obligation to involve in the dispute arising between Members or between a Member or a third party in relation to the Service and shall take no responsibility to compensate the damage caused by such a dispute.
- The Association does not have any obligation to examine posts of Members prior to registration, or to check or review the content of posts continuously, and shall not take any responsibility for the result.
Clause 21 (Notification)
- When the Association has something to notify a Member, the notification can be sent to the e-mail address registered in the Association by the Member.
- When the Association has something to notify unspecified number of Members, the announcement can be posted on the bulletin for 7 days or longer instead of sending a notification to each Member.
Article 22 (Jurisdiction and Governing Law)
- As to the matters not specified in this Terms, the related laws such as the Telecommunications Business Act or commercial practices shall be followed.
- As to the Members who are using the flat-rate service or other charged services of the Association, the Terms and policy separately prescribed by the Association for the relevant services shall be followed.
- If a lawsuit is filed for a dispute which has arisen in relation to use of the Service, the competent court shall be the Seoul Central District Court of Korea.
Supplementary Provision
This Terms shall be applied from Apr. 1, 2010.