Welcome to FASSKER.
These Terms of Use contain information that you may need or want to find out while using FASSKER. In these Terms, you can access information about your rights, obligations, responsibilities, and other matters between the Company and Members, and the Company post these Terms on the login screen for the Services for easier access by Members. The Company will continue to do its best efforts to keep providing the Services in a stable manner. We hope that these Terms will bring FASSKER closer to you.
Article 1. Purpose and Definitions
“Services” means the FASSKER (PC/mobile) websites, mobile applications, and other related services available to Members regardless of the terminal (including various wired and wireless devices such as PC, TV, and handheld devices).
“Member” means a customer who accesses the services of the Company and signs a service use agreement with the Company in accordance with these Terms and uses the services provided by the Company.
“User” includes members and non-members who use the Services provided by the Company without signing a service use agreement with the Company. Non-members may be restricted from accessing some of the services and may not file an objection against such restriction.
“Post” means individual content and collections of content such as writings, tags, photos, videos, chats, comments, etc. posted by a member on FASSKER when using FASSKER services.
“Open Market” means an application marketplace (Google Play Store, or Apple App Store) operated by an open market operator (Apple or Google) that allows users to install and pay for apps on mobile devices.
“Open Market Operator” means an e-commerce entity providing content installation and payment functions.
“Cyber Mall” means a virtual place of business for trading digital content or online services (“Digital Content, etc.”)
“Payment” means an act of making a payment to purchase a paid item within a content.
Article 2. Effectiveness and Modification of these Terms
The Company will post these Terms on the login page of the services so that the member can easily access them and may revise these Terms to the extent that such modification does not violate the applicable laws.
In case of any change to these Terms, the Company will specify the reason for the revision and the date of application within the services and notify the revised Terms along with the date of application 7 days before the date of application up to the day before the date of the application. In case of a change being disadvantageous to Members, the Company will post the revision on the Services website or notify the revision via email (or, for Members without an email address, other electronic means including an electronic message within the services or a notification message within the services) 30 days before the date of application up until the day before said application.
In cases where the Company announces or notifies a member of the revision of these Terms and clearly notifies the member that the member is deemed to have approved the revised Terms unless the Member expressly refuses to give consent from the date of the announcement or notification until the effective date of the revised Terms, and the Member does not expressly refuse to give consent or terminate the membership, the Member is deemed to have agreed to all of the terms set forth in the revised Terms.
You may opt to terminate the service use agreement by refusing to give consent to the revised Terms.
In such cases, the member may terminate the Cyber Mall service use agreement or the service use agreement for Digital Content,among others. In which case, the Company may not impose any penalty etc. on the member.
A member is required to review these Terms on the services screen, and the Company is not responsible for any damage suffered by a Member who agrees to a revision to these Terms on account of the revision or any damage suffered by a member on account of the member’s failure to carefully review the revised Terms.
In cases where a non-member continues to use the services provided by the Company after the effective date of the revised Terms, the non-member will be deemed to have consented to the revised Terms.
Article 3. Rules other than these Terms
The Company may have separate terms and conditions and separate operating policies and rules (which are collectively referred to as “Detailed Guidelines, etc.”) in place in connection with the provision of the services. In case of a conflict with these Terms, the Detailed Guidelines etc. shall prevail.
Article 4. Contract Conclusion
A service use agreement is concluded when a person who wishes to become a member (an “Applicant”) clicks the “SNS” button or the “Join as a Member” button on the screen of the services mobile application; provides the membership information in the registration form prescribed by the Company; agrees to these Terms, the Consent to Collection and Use of Personal Information, and the Location-based Services Terms of Use; and applies for membership, then Company approves the application. A FASSKER applicant may open a FASSKER member account using his/her Facebook, Naver, Apple, or email account, among others, and must provide an email address to FASSKER (However, in case of opening a member account using an email account, an application must provide the email address and provide the authentication number received on the email account on the services screen).
Article 5. Membership Restrictions
The Company will, in principle, accept applications from applicants and allow them to use the services. After such acceptance, a member may freely use FASSKER Services. However, in cases falling under any of the following, the Company may not accept the application, demand additional Member authentication, or terminate a previously signed service use agreement for the Services:
1) The Applicant has a previous record of losing his/her membership.
2) The Applicant failed to accurately provide the information required by the Company, including using a false name or another person’s name.
3) The Member is under 14 years of age.
4) The application is found to be illegitimate, including an application intended for for-profit activities for the applicant or another person.
5) The member is found to have violated these Terms.
6) There is no more room in the facility’s capacity.
7) The company finds such action to be financially or technical necessary.
8) The application violates the applicable laws or the standards established by the Company including the Detailed Guidelines etc.
9) The Company cannot accept the application on account of any other reasonable cause.
If you are found to have subscribed to the services in violation of the above terms, the Company may implement appropriate restrictions, including suspending the Members use of the Services or terminating his/her FASSKER account.
Article 6. Provision of Various Services
Once a service use agreement is concluded, you are free to use the FASSKER services as you wish. You do not need to sign a separate service use agreement for each individual services.
However, within a specific service, some sub-services require your consent to separate terms of use, and you can only use the service by providing additional information or completing the authentication process prescribed by the Company, including authenticating your email address or verifying your text message.
You may terminate your use of an individual service or sub-service at any time, even after subscribing to the service, using the features provided on the screen or menu of the individual service or sub-service comprising the Service, in which case all data, including records of your use of the service and posts that you created, will be deleted immediately except for information that must be retained for a certain period of time as required by the applicable laws.
However, posts you make within the services may be exposed to the services and its content and related promotions, and may be modified, reproduced, edited, and published to the extent necessary for such exposure. If you add comments, likes, etc. to a third party’s posts, those posts and comments will not be deleted; thus, be sure to delete them before you leave. If a separate notice is provided at the time of termination of use of an individual service or sub-service that there may be restrictions on resuming the use of the service for a period of time in the future, please note that you may not be able to resume the use of the Service for a period of time in accordance with the notice.
Termination of use of an individual service or sub-service pursuant to the preceding paragraph only means the termination of use of that individual Service or sub-service and does not terminate use of the other services that comprise the Services. If you wish to terminate your use of the entire services, you should terminate the service use agreement as specified in Article 13 of these Terms.
The Company provides you with a variety of services that you can enjoy on the internet and mobile, including social media, forum services, services that provide online contents (such as worlds, avatars, items, videos, images, games, texts, stories, graphics, music, and phrases), chat services, and location-based services. You may use the Services by, for example, downloading and installing the services from an application store on your smartphone, or accessing a webpage and then using the Services if the Company subsequently makes the services available for you to install and use directly on your PC. As the Company provides different services you want at different times, the Company has no other option but to inform you of the details of each service separately. We ask you to understand these circumstances, and please feel free to check the application store, the Q&A center for each service, and the applicable guides and notices for more information on how to use the individual services.
The Company grants you a personal, worldwide, non-transferable, non-exclusive, royalty-free license that the software requires for your free and full enjoyment of the Services. However, please note that it does not grant you the right to use the Company’s trademarks or logos.
To improve the services, the Company may provide updated versions of the software required for the services The software updates include addition of key features or removal of unnecessary features. Please make sure to update the software on a regular basis for better enjoyment of the services.
In order to provide you with better services, the Company may display various information, including notices, admin messages, and other advertisements related to your use of the services within the services or send them directly to you using the contact and email information listed in your FASSKER account information. However, advertisement information is transferred only with your prior consent.
If you identify any issue while using the services, including system errors, please contact the customer center (cs@fassker.com) at any time.
Please note that, if you use the services by connecting to the wireless internet provided by your mobile carrier without using a Wi-Fi, the carrier may charge you with a separate data communication fee. You should pay any data communication fee that you incur during the use of the services at your own expense and responsibility. Please contact your mobile carrier for more information on data communication fees.
Article 6-2. Vouchers
The Company may issue vouchers which users can use to obtain goods or services provided by the Company for free. The type, rewards, instructions, and terms of validity of each voucher are indicated on the voucher or the service screen. The type and terms, as well as the issuance of vouchers may vary depending on the Company policies.
A member who has been issued a voucher may redeem it by providing the PIN code indicated on the voucher on the service webpage (not available on mobile applications). Only a single voucher PIN code can be used per email account. Once the PIN code provided by the Member is authenticated, the rewards indicated on the voucher are provided to the member’s account or profile. The member can check out the rewards using the mobile application for the services.
A voucher may be used only the member to whom the voucher is issued and may not be sold or assigned to another person. A voucher may not be used for certain products or amounts and may not be used after its validity. If a member obtains or uses a voucher for any illegitimate purpose, the Company may cancel transactions conducted using the voucher or suspend or terminate the member’s membership after notifying the reason for such action. However, if notification is not feasible, the Company may immediately cancel the transaction or suspend or terminate the membership without any notice upon becoming aware of such acquisition or use.
If you terminate your membership, any unredeemed voucher will expire upon termination and will not be restored even if you restore your membership.
Article 7. Modification and Termination of the Services
The Company does its best to provide the Services 24/7 throughout the year without interruption. However, the Company may restrict or suspend all or any part of the services in any of the following cases:
In case of a service interruption under the paragraph above, the Company will notify or announce the interruption in advance in the manner set forth in Article 17, except for cases where a prior notice or announcement is not feasible on account of reasons that are unforeseeable by the Company or beyond its control (such as disk or server failure, system crash, etc. that are not the Company’s fault). However, upon gaining knowledge of such a case, the Company will strive to restore the services as early as possible.
Article 8. Management of Posts
If your post contains content that violates the Act on Promotion of Information and Communications Network Utilization and Information Protection (the "Information and Communications Network Act”), the Copyright Act, or any other applicable laws, the right holder may request the Company to suspend or delete the post in accordance with the procedures set forth in the applicable laws, and the Company will take action in accordance with the relevant laws.
Even when there is no request from the rights holder, the Company may take temporary measures and delete the post in accordance with the applicable laws if the Company has reasons to believe that the content infringes on any right or the content violates the Company’s policies or applicable laws.
The Company does not represent or warrant, explicitly or implicitly, that FASSKER content (including user content) is accurate, complete, or up-to-date. If the services contain a link to another site or other materials provided by a third party, the link is provided for your information only, and the Company is not authorized to control the website or materials. Such link may not be construed as the Company’s authorization to collect the linked website or information. You acknowledge that the Company is not obligated to pre-censor, monitor, review, or edit any content (including user content) posted by you or other users of the services.
The detailed processes regarding the above provisions will be governed by the right infringement reporting procedures prescribed by the Company within the scope specified in the Information and Communications Network Act and the Copyright Act.
Article 9. Attribution of Rights and Use of Works
A member may upload posts within the FASSKER services, and reserves all intellectual property rights, including copyright, to such posts. To encourage active interaction between users, the Company may suggest or recommend content features that may be of interest to a user based on the user’s activities within the services, and the Company may suggest how users can experience FASSKER.
By uploading posts to the services, you are deemed to grant us permission to use, store, modify, reproduce, publicly transmit, display, distribute, and otherwise use such content in any and all media and distribution outlets to the extent necessary to operate, improve, and promote the services and develop new services. In such cases, the Company will comply with the Copyright Act and you can always request the Company to take an action on your post, such as removing it, making it private, etc. through the information account within the Service (cs@fassker.com).
The posts that you upload may be viewed by others, and users can manage access to their content using the reporting and blocking features. An employee of the Company may access the content uploaded by users on the FASSKER services. The Company may remove or refuse to publish your content if the Company determines that it violates any applicable law; is obscene or harmful to adolescents; incites discrimination and conflict; constitutes advertising, promotional, or spamming; involves the transferring or trading of accounts; or impersonates another person. However, the Company is not obligated to review all content. If someone infringed on your right, you can ask for assistance using the information account within the Services (cs@fassker.com).
The services may display some content that is not owned by the Company. The entity providing the content is solely responsible for the content and the Company is not responsible for it in any way. Your use of the services does not give you any rights to the content of other users. To use the content of another user, you are required to obtain a separate permission from the content owner.
Article 10. Use of Paid Services
Most of the individual services comprising the services are available for free. However, some of sub-services within an individual service may be available for a fee.
In case of using a paid service provided by the Company, you are required to pay the service fee before you can use it. Payment methods for paid services provided by the Company include mobile payment, credit card payment, payment using a regular phone, wire transfer, direct deposit, and prepaid electronic payment method, and the specific payment methods may vary depending on the paid service. For services requiring payment on a monthly basis, payments will be made each month unless you stop using the service and request for a cancellation of the monthly payment.
The Company may require additional personal information from you as required to process your payment, and you should provide us with the accurate personal information that the Company requires.
Any matter not covered in this article are set forth in the Paid Service Terms of Use for each sub-service within an individual Service (e.g., FASSKER Paid Service Terms of Use, etc.). In the event of a conflict between the terms of this article and the Paid Service Terms of Use of each sub-service, the provisions of the Paid Service Terms of Use the sub-service prevail.
Article 11. Commercial Transactions via Forums
If you use the services to engage in any mail-order sale or mail-order brokerage business, you should comply with your obligations under the Act on Consumer Protection in Electronic Commerce, etc. (the "E-Commerce Act").
If you are involved in an e-commerce-related dispute with another user in the course of your mail-order sale or mail-order brokerage business, the Company will provide a mechanism for you to file a consumer damage relief request against the other user.
The Company provides a feature to enter your identity information in accordance with the E-Commerce Act to authenticate your identity information and, in case of a dispute between you and another user, cooperates with identity information requests from consumer damage dispute resolution organizations, the Korea Fair Trade Commission, the governor or mayor of Si/Do or Si/Gun/Gu under the E-Commerce Act.
Article 12. Service Use Instructions and Cautions
You may use the services freely. However, you may not:
1) Provide false information when filing or modifying an application to use the services, steal or fraudulently use another person’s FASSKER account and password, use another person’s name, or perform text message (SMS) or email verification without the permission of the person.
2) Reproduce, distribute, or commercially use any information using the service information of the Company, without the Company’s prior approval.
3) Damage the reputation of, or give disadvantageous treatment to, another person.
4) Upload any obscene content on forums, etc. or any link to an obscene website.
5) Infringe on any copyright and other rights of the Company or a third party (including infringement of any copyright and other rights of any third party in and outside of the Republic of Korea, including infringement of any copyright and other right of any third party by accessing the services intentionally or through means and methods that deceive the Company, despite the Company’s measures to prevent infringement of others’ rights through technical measures such as blocking IP access);
6) Posting false information about the Company or any third party within the services.
7) Disseminate any information, sentence, shape, voice, etc. that violates the public order and good morals of the society.
8) Register or distribute any material infected with a computer virus that causes the failure of equipment related to the services or the destruction or confusion of information, etc.
9) Intentionally disrupt the operation of the services or send information that may disrupt its stable operation, or send any advertisement or spam mail over the recipients’ express refusal to receive them.
10) Copy, modify, distribute, sell, assign, rent, lease, pledge, or otherwise permit others to use the services or any portion of the software contained in the services without the Company’s consent, and reverse-engineer, disassemble, imitate, or otherwise modify the services, including an attempt to reverse-engineer the software or extract its source code.
11) Impersonate another person or misrepresent your relationship with another person.
12) Collect, store, or disclose another user’s personal information.
13) Distribute false information for the purpose of obtaining a financial benefit for yourself or another person or causing harm to another person.
14) Gamble for money or engage in any speculative act.
15) Disseminate information for soliciting or brokering sexual services or lewd acts.
16) Disrupt another person’s daily routines by continuing to cause words, images, writings, or videos that cause humiliation, aversion, or fear to reach the other person.
17) Transmit or post any information (including computer programs) of which transmission or posting is prohibited under the applicable laws.
18) Upload any post, send any email, FASSKER message, etc. by impersonating or disguising as an employee or admin staff of the Company or its affiliate, or by stealing another person’s name.
19) Upload any material or send any email or FASSKER message containing any software virus or other computer code, file, or program designed to disrupt or destroy the normal operation of any computer software, hardware, or telecommunications equipment;
20) Harass another user by stalking or abusively filing false or malicious reports.
21) Abuse the Services, for example by subscribing to a Service or a Paid Service, and then unsubscribing more than once within a month; or
22) Violate any other current law, these Terms, or other detailed guidelines related to the services provided by the Company.
You may not transfer or assign, or pledge as security, your right to use the services or your status under the service use agreement.
You may be restricted from using some services depending on your qualifications or age, as specified in the following:
1) A user under 19 (but excluding those who have reached January 1 of the year in which they turn 19; the same applies below this Article) may not access harmful media for adolescents under the Information and Communications Network Act and the Youth Protection Act; and
2) To access harmful media for adolescents, a user must be 19 or older and authenticate his/her identity and age through real name verification in accordance with the Information and Communication Network Act and the Youth Protection Act. Otherwise, the user will be restricted from using the relevant service.
In the event that you do not comply with any applicable law or any of the Company terms or policies, the Company may investigate your violation, remove or temporarily remove the relevant content, or temporarily or continuously suspend you from using all services or some individual services that comprise the services, or restrict your re-subscription to the services or re-use of some individual services.
In principle, restrictions are applied incrementally depending on the cumulative number of violations, from temporary restrictions to permanent restrictions. However, permanent restriction may apply immediately regardless of the cumulative number of violations, if the matter requires urgent prevention of risk or damage, such as acts clearly prohibited by the applicable laws including the posting and dissemination of obscene content and promotion of gambling, or infringement of others’ rights.
Article 13. Termination of the Service Use Agreement
If you terminate your FASSKER account, your service use agreement will be automatically terminated as well. If you wish to terminate the service use agreement, you may request termination at any time using the menu provided in the services, and the termination process will be completed after 90 days from the date of request. You can resume your use of the services by canceling your termination within 90 days from requesting the termination. After 90 days from a termination request, the service use agreement for the relevant FASSKER account will be automatically terminated.
Upon the termination of a service use agreement, all data, including your information and posts you have uploaded, will be deleted. However, the Company may retain certain information about you in accordance with the applicable laws and the FASSKER Privacy Policy. However, the content that the Company edited from your posts and uploaded on the services will not be deleted. In addition, if you add comments, likes, etc. to a third party’s posts, those posts and comments will not be deleted, so be sure to delete them before you leave.
In accordance with the above provisions, any post that you do not delete will remain on the services to the extent necessary for the normal use of the services by other users.
A service use agreement for a paid service is terminated by your request to terminate the agreement and the Company’s acceptance of the request, and, in which case, a refund will be made, if any. However, if the paid service of a sub-service sets forth a different method and effect of contract termination from this agreement, the terms of the Paid Service Terms of Use and the relevant guidelines will apply.
For some of the individual services that make up the services, the Company may destroy or separately store your information if you do not use that individual service for a period of time or restrict your access to some or all of the features of that individual service. Please see the instructions on the individual service for further details.
Even after terminating the service use agreement, you may request to enter into another service use agreement with the Company. However, if you request a service use agreement while your use of the services is suspended due to your failure to comply with the applicable laws, these Terms, or the Detailed Guidelines, etc., you may not be allowed to subscribe to the services for a specific period of time. In addition, for some individual services that comprise the services, the immediate use of such individual services after signing another service use agreement may be subject to certain time limits as set forth in Article 6.
Article 14. Protection of Personal Information
The safe processing of your personal information is one of the Company’s top priorities. The Company uses personal information only for the purpose and scope agreed by the Member in order to facilitate the provision of the FASSKER services and manages it safely in accordance with the applicable personal information protection laws. For more information including the Company’s efforts to safeguard Members personal information, please refer to the FASSKER Privacy Policy.
In case of any change to the information provided when applying for membership, the member should promptly incorporate the change to the latest information on the services, and the member is solely responsible for any damage or violation of law caused by the member’s failure to do so.
The Company is not responsible for any loss or damage caused by any leakage, transfer, or rental of member information that is not the Company’s fault. A member is responsible for managing his/her account, and, in any event, may assign his/her account to another person, allow others to use the account, or use the account for another person’s use of the services. If a member gains knowledge that his/her membership information has been stolen or is being used by a third party, the member should notify the Company without delay and comply with the Company’s instructions, if any. If the member fails to notify the Company without delay, or fails to comply with the Company’s instructions, if any, the Company is not responsible for any loss or damage caused by the theft or unauthorized use by a third party.
Article 15. Damages, etc.
To the extent permitted by the applicable laws, the Company does not make any commitment or warrant with respect to the services except for the ones expressly set forth in these Terms. In addition, the Company does not warrant the reliability, accuracy, etc. of any information, materials, or facts uploaded on the services, whether provided by a content provider (CP) or created by you and is not liable for any damage incurred by you without the Company’s negligence.
The Company will compensate you for your damages caused by the Company’s negligence in accordance with these Terms and the applicable laws. However, the Company is not liable for the damages below incurred without the Company’s negligence. In addition, the Company is not responsible for any indirect, special, consequential, exemplary, or punitive damage to the extent permitted by law:
1) Damage caused by a natural disaster or an equivalent force majeure event.
2) Disruption of use of the Services caused by your fault.
3) Personal damage caused in the course of connecting to or using the services.
4) Damage caused by a third party’s illegal connection to or use of the Company server.
5) Damage caused by a third party’s disruption of transmission to or from the Company server.
6) Damage caused by a third party’s transmission or distribution of malicious programs.
7) Damage caused by a third party in the course of using the services, including defamation and damage caused by any comission, or destruction of transmitted data; or
8) Damage that is not willfully or negligently caused by the Company.
The Company is not responsible for your loss of profits that you expected from using the services, or any other damage caused by the materials obtained through the services.
The Company is not obligated to intervene in a dispute between members or between a member and a third party unless negligently caused by the Company, or unless the Company is responsible for damages caused by such dispute.
Article 16. Protection of Adolescents
The services basically constitute a space that can be freely used by all ages. In order to protect adolescents from harmful information and help them use the internet safely, the Company institutes the Youth Protection Policy set forth in the Information and Communication Network Act. More information can be found on the initial screen of each service that comprises the services.
Article 17. Notice
The Company values communicating with you, and you can always contact the FASSKER Customer Center (cs@fassker.com) to provide your opinion. Notices to all users of the services will be effective when posted in the service Notice Section for 7 days or longer. The Company will inform you of matters that materially affect you individually by sending an email to the email address registered in your FASSKER account (or, if you do not have an email address, by other electronic means including an in-service notification message) or by sending a FASSKER message or text message to the mobile phone number you have registered.
Article 18. Dispute Resolution
These Terms or the Services are governed and performed in accordance with the laws of the Republic of Korea. Notwithstanding the preceding paragraph, for users with an address or residence outside of Korea, the Seoul Central District Court of the Republic of Korea will be the competent court for any dispute between the Company and the user. If a dispute arises between the Company and you in connection with the use of the services, the Company and you will consult in good faith to resolve it. If it is not resolved despite the consultation, you may file a lawsuit with a competent jurisdiction under the Civil Procedure Act.