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Terms of Service

Last update: February 28, 2022
The terms and conditions of use shown here (hereinafter referred to as the "Terms of Service") set forth the terms between WAVE Corporation, Inc. (collectively, ‚ÄúWAVE,‚ÄĚ ‚ÄúCompany,‚ÄĚ ‚Äúus,‚ÄĚ ‚Äúwe,‚ÄĚ or ‚Äúour‚ÄĚ) and users (hereinafter referred to as the "User" or "Users" depending upon context)of any services or features of WAVE (hereinafter referred to as the "Service"), which is provided by the Company.

1. Definitions

The following terms shall have the meanings herein as set forth below.
a.
‚ÄėContent(s)‚Äô¬†means information such as text, audio files, music, images, videos, software, programs, computer code, and the like.
b.
‚ÄėSpecified Content(s)‚Äô¬†means Content(s) that may be accessed through the Service.
c.
‚ÄėUser Content(s)‚Äô¬†means Content(s) that Users have submitted, transmitted, or uploaded.
d.
‚ÄėSeparate Terms of Service‚Äô¬†means documents released or uploaded by the Company that pertains to the Service, under the title "terms," "guideline," "policy," and the like.
e.
This Terms of Service was first released on July 30, 2017, and was last updated on August 29, 2020.

Previous versions

Previous version of Privacy Policy can be found below: No releases before this version yet.

2. Agreement to Terms of Service

a.
All Users shall use the Service in accordance with the terms stated in the Terms of Service. Users may not use the Service unless they agree to the Terms of Service. Such agreement is valid and irrevocable.
b.
Minors may use the Service only with consent from their parents or legal guardian. Furthermore, if Users use the Service on behalf of, or for the purposes of a business enterprise, then that business enterprise shall also be deemed to have agreed to the Terms of Service. Such agreement is valid and irrevocable.
c.
By actually using the Service, Users are deemed to have agreed to the Terms of Service. Such agreement is valid and irrevocable.
d.
If there are Separate Terms of Service for the Service, Users also shall comply with such Separate Terms of Service as well as the Terms of Service. These Terms of Service and Separate Terms of Service work in a complementary way. However, in the event of any conflict or inconsistency between the Terms of Service and any terms set for in Separate Terms of Service, the terms and conditions set forth in Separate Terms of Service shall prevail.
e.
The use of the Service under another person’s account is not allowed, and in case of using the Service under others’ accounts, User may be punished by imprisonment with labor for up to 5 years or by a fine not exceeding 50 million won under Article 49 and 71 of Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. Notwithstanding the other provisions of this Terms of Service, the Company shall not bear any liability for customers who use this service under any other person's account

3. Modification of the Terms of Service

a.
The Company may modify the Terms of Service or Separate Terms of Service when the Company deems necessary. When the Company modifies Terms of Service, the Company shall provide notification 7 days before, along with reasons for modification and the application date within the Service with the current Terms of Service.
b.
Users shall be deemed to have granted valid and irrevocable consent to the modified Terms of Service or Separate Terms of Service by continuing to use the Service. Users shall refer to the Terms of Service on a regular basis when using the Service, since a separate notification regarding the modification to Terms of Service may not be provided.

4. Account

a.
Users, when providing information about him/herself to the Company, shall provide genuine, accurate, and complete information while using the Service, and keep such information up-to-date at all times.
b.
If Users register account information while using the Service, Users shall exercise due care and responsibility in order for the information not to be used in an unlawful manner. The Company may treat all activities conducted through a User's account as activities that have been conducted by the holder of the account him/herself.
c.
Users may delete the account and opt out of the service at any time after registration.
d.
If the company deems an account is in violation or may be capable of violating the policy, we reserve the right to terminate, delete or change username or user’s account without notification.
e.
The Company reserves the right to delete any account that has been inactive for a period of a year or more since its last activation, without any prior notice to the User.
f.
Any and all rights as a user will cease upon deletion of the account regardless of its reason. Please be aware that your account cannot be reinstated even if it is deleted by accident.
g.
Each account in the Service is for the exclusive use and belongs solely to the owner of the account. Users may not transfer or lend their accounts to any third party nor may their accounts be inherited by any third party.

5. Privacy

a.
The Company places their highest priority on the privacy of their Users.
b.
The Company promises to protect the privacy and personal information of their users in accordance with the Privacy Policy.
c.
The Company promises to exercise the utmost care and attention regarding their security measures for the continued security of any and all User Information.

6. Provision of the Service

a.
Users shall supply the necessary mobile phone device, communication device such as PC, operating system, and data connection necessary for using the Service under Users' own responsibility and at Users' own expense.
b.
The Company reserves the right to limit access to the whole or part of the Service depending upon conditions that the Company considers necessary, such as age, identification, current membership status, and the like.
c.
The Company reserves the right to modify or cease, at the Company’s own discretion, the whole or part of the Service at anytime without any prior notice to the Users.

7. New Versions of the Software

WAVE, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Software or Services. WAVE has no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the Software or any of the Services. You may have to agree to a renewed version of Terms of Service in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of the Software. You acknowledge that WAVE may automatically issue any additional features or functions or modifications, updates or upgraded versions of the Software and, accordingly, may modify, update or upgrade the version of the Software that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.

8. Incapability of Emergency Calls

The Service cannot be depended upon for emergency calls, such as ones made to law enforcement agencies, maritime safety authorities, fire brigade, or other emergency services.

9. Advertisements

The Company reserves the right to provide Users with advertisements for the Company or a third party, through the Service.

10. Business Partner’s Services

Content(s) or other services offered by other business partners cooperating with the Company may be included within the Service. The business partners bear all responsibility regarding such Content(s) and/or services offered. Furthermore, such Content(s) and services may be governed by the explicit terms and conditions etc., which are set accordingly by the business partners.

11. Contents

a.
The Company grants Users the non-transferable, non-re-licensable, non-exclusive license to use the Content(s) provided by the Company, only for the purpose of using the Service.
b.
Users shall abide by the appropriate conditions when using the Specified Content(s) which are subject to additional fees and periods of use. Notwithstanding situations where phrases such as "Purchase", "Sales," and the like appear on the Service screens, the Company shall remain the holder of all intellectual property rights as well as all other rights in the Content(s) offered to Users by the Company, and such rights shall not be transferred to Users, but only the right to use the Content(s) will be granted to Users.
c.
Users shall not use the Specified Content(s) beyond the scope of the intended use of the Content(s) in the Service (including but not limited to copying, transmission, reproduction, modification).
d.
If Users wish to back-up the whole or part of the User Content(s), they will need to do so themselves. The Company will not undertake the obligation of backing up any of the User Content(s).
The Service may include functions where multiple users may post, correct, edit, and delete items. In such cases, the User who posted his/her User Contents has to allow other Users to perform any editing in relation to the User Contents.
e.
The Service may include functions where multiple users may post, correct, edit, and delete items. In such cases, the User who posted his/her User Content(s) has to allow other Users to perform any editing in relation to the User Content(s). However, Users can not capture or record profile pictures of video call screens of other users without consent, and it is not allowed to illegally steal or violate other Users’ ownership, copyright, trademark or any other content with rights.
f.
Users shall maintain the rights regarding their User Content(s) just as before, and the Company shall not acquire any rights to such Content(s). However, if the User Content(s) are visible, not just to the User's "friends" but to all the other Users, the User who posts the User Content(s) shall grant the Company a worldwide, non-exclusive, royalty-free license (with the right to sublicense such Content(s) to other third parties working together with the Company), for an indefinite period, to use (after modifying such Content(s), if the Company believes it necessary and proper) such Content(s) for services and/or promotional purposes.
g.
The Company may check the details of the User Content(s), when the Company believes that the User Content(s) may violate related laws or provisions set out in the Terms of Service. However, the Company is not obligated to conduct such investigations.If the Company believes that the User has violated or may violate applicable laws or provisions in the Terms of Service related to the User Contents(s), then the Company reserves the right to preclude the User's use of the User Content(s) in certain manners, such as deleting the User Content(s) without providing the User with prior notice.

12. Restrictions

Users shall not engage in the following when using the Service.
a.
Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
b.
Activities that may hinder public order or customs.
c.
Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract.
d.
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(s) and lead to the discomfort of others.
e.
Activities that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information.
f.
Activities such as sending messages indiscriminately to numerous Users (except for those approved by the Company), or any other activities deemed to be spamming by the Company.
g.
Activities that exchange the right to use the Specified Content(s) into cash, property or other economic benefits without Company’s authorization.
h.
Activities that use the Service for sales, marketing, advertisement, soliciting or other commercial purposes (except for those approved by the Company); use the Service for the purpose of sexual conducts or obscene acts; use the Service for the purpose of meeting a person for sexual encounters; use the Service for the purpose of harassments or libelous attacks against other Users; or use the Service for purposes other than the Service's true intent.
i.
Activities that benefit or collaborate with anti-social groups.
j.
Activities that are related to religious activities or invitations to certain religious groups.
k.
Activities that illegally or improperly lead to the collection, disclosure, or provision of other's personal information, registered information, user history, or the like.
l.
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; that deliberately use defects of the Service; that access to the Service through the communication devices to which an alteration has been made by looting, jailbreaking, or the like, that make reasonable inquiries and/or undue claims such as repeatedly asking the same question beyond the necessity, and that interfere with the Company’s operation of the Service or Users' use of the Service.
m.
Activities that aid or encourage any activity stated in Clauses 1 to 12 above.
n.
Other activities that are deemed by the Company to be inappropriate.

13. Prohibition of Distributing Sexually Explicit Content of Children/Adolescents

a.
In the case of sexually explicit content concerning children/teenagers, threats to share pornography, including general pornography, or offers of sexual services or activities are also prohibited. Also, even if shared for the purpose of alerting children and adolescents sex crimes, if any sexually explicit materials are included, they may be treated in the same way.
b.
The Company shall take action immediately upon confirmation of any act or distribution of sexually explicit content that may cause sexual insults to Users who may be recognized as minors. Also, for the Users who shared it, not only the highest level of disciplinary action are given within WAVE, but also the relevant information may be provided to investigative agency, which is linked with the law enforcement authorities.

14. User Responsibility

a.
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.
b.
The Company may take measures that the Company considers necessary and appropriate, if the Company acknowledges that a User is using the service in a way which violates the Terms of Service. However, the Company shall not be responsible for correcting or preventing such violation towards Users or others.
c.
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(including but not limited to cases where the Company has been sued for damages by a third party)due to the User violating applicable laws or the Terms and Conditions while using the Service, the User shall immediately compensate the Company upon its request.

15. The Company’s Exemption of Liability

a.
The Company does not expressly or impliedly guarantee that the Service (including the Specified Content(s)) are free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for a particular purpose, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects.
b.
The Company shall not be responsible for any damages inflicted upon Users in relation to the use of the Service. However, if the agreement (including but not limited to the Terms of Service) between the Company and Users regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Korea, then this exemption clause shall not be applied.
c.
Users understand and agree that they send, display, or receive content through Services and risks at their discretion and are solely responsible for the loss of User’s property (including device and computer systems) or loss of data due to the loss of property,
d.
Notwithstanding the condition stated in clause 14.2 above, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or Users predicted or could have predicted) with respect to the Company’s contractual default or act of tort due to the Company’s negligence (except for gross negligence). The compensation for ordinary damages in respect to the Company’s contractual default or act of tort due to the Company’s negligence (except for gross negligence) shall be limited to the total amount of received fees from the User in the particular calendar month in which such damages occurred.

16. Notification and Contact

a.
When the Company notifies or contacts Users regarding the Service, the Company may use a method that the Company considers appropriate, such as posting on the website/application operated by the Company.
b.
When Users notifies or contacts the Company in regard to the Service, Users shall use the customer inquiry form available on the website/application operated by the company or other means designated by the Company.

17. Governing Law and Jurisdiction

a.
Where the Company has provided Users with a translation of the Korean language version of the Terms and Conditions(hereinafter referred to as "Korean Version"), the Korean Version will govern the relationship between Users and the Company. In the event of a contradiction between the Korean Version and a translation, the provisions in the Korean Version shall take precedence over any other translation
b.
These Terms of Service will be governed by the laws of Korea.
c.
Conflicts that arise from the Service or conflicts between Users and the Company related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Seoul.
If you have any questions, comments, or concerns about this Terms of Service, please contact us via the Contact Form or by writing to:
WAVE Corp. Email: support@wavetogether.com