- “App” means the application software “Filmory” designed for smartphones and /or tablets which is provided by the Company for the Service.
- “In-App Purchase” refers to payment activities to purchase premium versions and unlimited access provided by Filmory.
2. Acceptance of the Terms
- BY USING THE SERVICES (AS DEFINED BELOW) YOU INDICATE YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU MUST NOT USE THE SERVICES.
- Minors may use the Service only with consent from their legal guardian such as parents.
3. Retention of Rights
- All rights in regard to the App and the Service (including but not limited to the intellectual property rights such as copyrights, trademarks, patents) shall be retained by the Company or licensors of such rights.
4. Provision of the Service
- The Company shall grant Users the right to use the Service insofar as Users use the Service in accordance with the Terms and other conditions described in the Service. Users cannot assign or lease such right to use the Service to third parties.
- Unless otherwise expressly designated by the Company in the Service, the User’s usage history will be cleared and right to use the Service will be terminated when the User has deleted the App from his/her smartphone or tablets. The User cannot have his/her new device take over his/her usage histories.
- The Company reserves the right to modify, cease or terminate, at the Company's own discretion, the whole or part of the Service at any time without any prior notice to the Users.
- The Company places the highest priority on the privacy of Users. The Company promises to exercise the utmost care and attention regarding its security measures for the continued security of any and all User information.
Users shall not engage in the following when using the Service.
- Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
- Activities that may hinder public order or customs.
- Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, portrait and all other rights of the Company and/or a third party granted by the law or contract.
- Activities that post or transmit violent or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.
- Activities that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information.
- Activities that use the Service for the purpose of harassments or libelous attacks against other Users, use the Service for the purpose of meeting a person for sexual encounters, or use the Service for purposes other than the Service's true intent.
- Activities that benefit or collaborate with anti-social groups.
- Activities that illegally or improperly lead to the collection, disclosure, or provision of other’s personal information, registered information, user history, or the like.
- Activities that interfere with the servers and/or network systems of the Service, that abuse the Service by means of BOTs, cheat tools, or other technical measures, and that deliberately use defects of the Service.
- Activities that make unreasonable inquiries to the Company such as repeatedly asking the same question beyond necessity, that make undue claims against the Company, and that interfere with the Company's operation of the Service or Users' use of the Service.
- Activities that aid or encourage any activity stated in Item (1) to (10) above.
- Other activities that are deemed by the Company to be inappropriate.
7. User Responsibility
- Users shall use this Service at his/her own risk, and shall bear all responsibility for actions carried out and their results upon this Service. It is User’s responsibility to store or back-up his/her data of shot photographs or images by the Service. In addition, the Company does not guarantee that the Users can store his/her data of shot photographs or images normally in his/her smartphones or tablet computers.
- The Company may take measures that the Company considers necessary and appropriate such as terminating or suspending the rights to use the Service itself, if the Company acknowledges that a User is using the service in a way which violates the Terms. However, the Company shall not be responsible for correcting or preventing such violation towards Users or others.
- In the case where the Company has suffered loss/damage or has been charged an expense (including but not limited to lawyer's fees) directly or indirectly due to the User using the Service (including but not limited to claims against the Company arisen by third parties), the User shall immediately compensate the Company upon its request.
8. In-App Purchase and Refund
- In-app purchase and refund will follow the Terms of Conditions for Paid Services.
- The Company does not expressly or impliedly guarantee that the Service is free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects.
10. Modification of the Terms
- The Company may modify the Terms and Conditions when the Company deems necessary, without providing prior notice to Users. The modification will become effective once the modified Terms are posted on the Service. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms by continuing to use the Service.
11. Governing Law and Jurisdiction
- Any lawsuit filed between the Company and the Member shall be governed by the laws of Korea.
- Any dispute arising between the Company and the Member shall be settled in the court of competent jurisdiction pursuant to the procedures set forth in relevant laws.
- In the case of a Member who has an address or a residence in a foreign country, notwithstanding the preceding Paragraph, any lawsuit over a dispute arising between the Company and the Member shall be filed before the Seoul Central District Court in Korea as the court of competent jurisdiction.
Terms and Conditions for Paid Services
- These terms and conditions regulate rights, obligations, responsibilities and other necessary matter of The Marshmallow Lab (hereinafter, referred to as “the company”) and “users” in relation to use of paid services (it refers to the services requires fees and is designated by the company) under the services (hereinafter, “services”) provided by “the company”
- These terms and conditions apply to the “users” who are willing to use paid services under the services.
- These terms and conditions are incidental terms and conditions of the “Terms of Conditions of Use”, and any matters not defined in these terms and conditions follow the “Terms of Conditions of User”.
2. Application of Terms and Condition
- These terms and conditions will be applied under separate consent procedures in such services when “users” wish to use paid services under the services.
- Definitions set forth in “Terms of Conditions of Use” are used with the same meanings in these terms and conditions.
- Any definition in these terms and conditions not specified in these terms and conditions follow any relevant laws and general commercial practice.
4. Agreement of Use, etc.
- The agreement of use is established when “users” agree on these terms and conditions and request for using “paid service” through the payment method and the payment means designated by the company. “The company” shall provide usage methods of paid services, usage fees, and usage conditions in order for “members” to easily and accurately understand the matters necessary for agreements and make transactions without mistakes.
5. Refusal and Deferring of Agreement of Use
- “The company” may deny or hold off acceptance of a “user’s” request for using “paid service” in case of any of the following reasons.
- In case payment for the price is not actually made or the payment is likely not made.
- In case when any purchase is considered that it is done in purpose of hindering the “Company’s” service, causing technology error and illegal use.
- In case any “users” are violating or have a history of violating “Terms of Conditions of Use” and other regulations such as infringement of copyrights in the “service”.
- In case facilities for services are not sufficient, or there are any technical or operational issues.
- In case it is determined that it is not possible to approve due to other faults of “users”
- The agreement of use is concluded when users start using the services and purchase in the process of application.
- If “users” wish to use these paid services, they have to consent to these terms and conditions, and pay the usage fees according to the conditions designated by “the company”.
6. Payment Method
- The payment method for using the paid services can be one of the following methods. However, “the company” shall not collect any additional fees for the payment method of “users”.
- Payment by App market.
- Other payment methods additionally designated by “the company” (credit card, discount coupon, etc.)
7. Changes in Paid Service
- “The company” may change the whole or part of paid services according to the operation and technical necessities if there is any significant reason.
- “The company” provides prior services before the change to the “users” who refuse to accept the changes in the services specified in the prior paragraph. Provided, however, if it is not possible to provide such services, the provision of the services may be suspended or the agreement may be terminated. In such cases, refund, etc. shall be processed.
8. Obligations of “The Company”
- “The company” does not take any actions prohibited by relevant laws and these terms and conditions, or commit an offense against traditional custom, and strives to make best efforts to provide the paid services continuously and stably under these terms and conditions.
- “The company” shall address opinions or complaints raised by the “users” regarding the use of paid services, if they are admitted to be reasonable.
9. Obligations of “Users”
- “Users” shall purchase services after accurately checking out the details of paid services provided by “the company” or seller and the conditions of transactions before using the paid services. Users shall be responsible for any damages occurred due to negligence of checking out the details and conditions of the transaction.
- “Users” shall observe these terms and conditions published by “the company” in relation to the paid services. If “users” breach or not implement the terms and conditions and any losses or damages occur, then the “users” shall be responsible for that.
- “Users” shall not conduct following activities when using paid services.
- Any acts to use the paid services pr access to the system in an abnormal manner instead of the paid service usage method provided by “the company”
- Any acts to use the paid services provided by “the company” through illegal usage.
- Any acts to change information posted by “the company” without permission, or transmit or post information (computer program, etc.) not designated by “the company”.
- Any acts to defame the reputation of “the company”.
- Any other illegal activities or wrongdoings.
10. In-app Purchase and Refund
- Optional services provided by “the company” include the “In-App Purchase” function of “open market business” according to the type of devices. “Users” can purchase optional services according to the payment policies of the “open market business”.
- The refund is available according to the refund policies of each “open market business” and by the type of operating system of the devices that use the “services”.
- “In-App Purchase” made through presenting a gift function is not generally allowed for refund and withdrawal of subscription.
11. Limitation of Liability
- If “the company” cannot provide paid services due to force majeure such as changes in relevant laws, natural disaster or similar incidents, the obligation to provide the paid services is exempted.
- “The company” shall not be responsible for the discontinuance of paid service due to the fault of “users”.
- “The company” disclaims any responsibilities on reliability and accuracy of information, material and fact posted in relation to the paid services.
12. Governing Laws and Jurisdiction
- Korean laws govern any matters related to these terms and conditions.
Enacted: May 12, 2021
Enforcement Date: May 12, 2021