These Specific Terms set forth the terms and conditions for using LINE VOOM Advertisement Service (hereinafter referred to as the “LINE VOOM Service” or “Service”) between LY Corporation and/or a group company designated by LY Corporation (hereinafter collectively referred to as the “Company”) and a party who has agreed to use and/or use this Service which upon the Company’s acceptance of the application form by Advertiser, the service agreement (hereinafter referred to as the “Agreement”) in relation to the Service shall be deemed to be executed between the Company and the Advertiser. A person to agree to these Specific Terms for or on behalf of the Advertiser represents and warrants that it has been given the authority to agree to these Specific Terms from the Advertiser, and that it is agreeing to these Specific Terms based on such authority. These Specific Terms is applied as additional to Major Terms and General Terms and Conditions of the Services (“General Terms and Conditions”) which also governs the use of Service by Advertiser.
Capitalized terms defined in the General Terms and Conditions shall, unless otherwise defined herein, have the same meanings when used in these Specific Terms, and in addition:
1.1 "Advertiser" means the Partner that has subscribed for and uses the Advertising Services, and where applicable, the advertising agency or Agent appointed to act on behalf of such Partner in connection with the Advertising Services.
1.2 “Advertising Content” means the advertisements and other content submitted by the Advertiser to Company for publication on the LINE VOOM Service.
1.3 “Advertising Services” means the advertising services (including this Service) specified in Insertion Order (s).
1.4 “Agent” means a party who introduces Company to the Advertiser.
1.5 “Users” means any Users of the LINE VOOM Service.
1.6 “LINE VOOM Content” means any titles and related metadata and materials, including, but not limited to, title’s trailers, clips, artwork, extracts, synopses, photographs, actors' photographs, actors' information, caption files, subtitle files, ratings, music video thumbnails, and metadata, made available for the provision of the LINE VOOM Service.
1.7 “LINE VOOM Service” or "Service" means the advertising space provided by Company for the publication of the Advertiser's Advertising Content in accordance with these Specific Terms.
1.8 “Prohibited Content” means any content that:
(1) is harmful, violent, offensive, abusive, harassing, defamatory, vulgar, pornographic, threatening, obscene, or libelous;
(2) is illegal, or intended to promote or commit an illegal act of any kind, including, but not limited to, violations of intellectual property rights, privacy rights, or proprietary rights of Company or a third party;
(3) includes personal data of third parties, or is intended to solicit such personal data;
(4) includes a computer virus, harmful computer code, file, or program, or malicious content such as malware, Trojan horses, or viruses;
(5) involves commercial or purchase activities that are prohibited or unauthorized, such as contests, sweepstakes, or pyramid schemes; or
(6) violates any applicable laws.
2. Interruption of the Advertising Services
In the event of any of the following, Company may temporarily interrupt all or part of the Advertising Services:
(i) Maintenance of systems or equipment used for the Advertising Services;
(ii) Failure of systems or equipment used for the Advertising Services; or
(iii) Incapability to use telecommunication services due to the services provided by telecommunication companies.
3. Suspension of the Services
If any of the following applies to the Advertiser, Company may suspend the use of the Advertising Services by the Advertiser:
(i) The Advertiser fails to pay its fees when they become due;
(ii) The Advertiser assigns, lends or shares its account or administration website for the Advertising Services;
(iii) The Advertiser infringes upon any industrial property right, copyright or other intellectual property rights of a third party;
(iv) The Advertiser violates any applicable law or regulation, including international treaties, national laws and regulations, and local ordinances;
(v) The Advertiser transmits information containing misrepresentation or fabrication;
(vi) The Advertiser transmits information that is contrary to public order and good morals;
(vii) The Advertiser infringes any right of a third party to protect its honor, trust or privacy or to control the use of its likeness, among other third party rights;
(viii) The Advertiser commits an act that is disadvantageous or harmful to Company or Company's customers;
(ix) The Advertiser commits an act that Company deems illegitimate or inappropriate; or
(x) The Advertiser commits an act that is in violation of the General Terms and Conditions or these Specific Terms, and such violation results or may result, as determined by Company, in significant interference with the operation of Company or the Advertising Services.
(xi) The third party who operates and provides the application market for smart phones used by Company (e.g., Apple Inc., Google Inc.) requires Company to suspend providing all or any part of the Advertising Services.
4. Responsibilities of the Advertiser
1.The Advertiser warrants to the Company that the submitted materials and the guided destination (a) do not contain Prohibited Content (as specified in Article 1 above), (b) do not infringe upon any copyrights, industrial property rights, publicity rights, privacy rights or any other rights of a third party, (c) are not in violation of Pharmaceutical and Medical Device Act, the Act against Unjustifiable Premiums and Misleading Representations or any other related applicable laws and regulations (in addition to the laws of the country where the Advertiser is located, including the laws of the country where the advertisement is to be distributed), (d) are accurate and up-to-date, do not confuse the Users, do not contain any computer virus or false information and the submitted materials and the guided destination are not of unrelated subject matter, (e) are not a dead link, and (f) are not contrary to public order and morals, do not slander any third party, or do not contain subject matter that impairs the reputation of any third party.
2.If the Company receives a complaint or a claim from a third party in relation to the submitted materials or the guided destination, the Advertiser shall handle such complaint or claim under its own responsibility and cost burden. Furthermore, if the Company suffers any damage in connection with the submitted materials or the guided destination, the Advertiser shall promptly compensate such damage suffered by the Company (including, but not limited to, lost profits, special damages and reasonable attorney’s fees).
5. Termination of the Advertising Services
(1) Company may terminate all or part of the Advertising Services as deemed appropriate by Company.
(2) If all or part of the Advertising Services is terminated pursuant to Article 5(1) above, the Agreement shall be terminated concurrently as of the date of such termination of the Advertising Services, subject to Article 8 below.
6. Termination of the Agreement
(1) In addition to the General Terms and Conditions, if any of the events in Article 3 applies to the Advertiser, Company may immediately terminate the Agreement with the Advertiser with or without suspending the Advertising Services pursuant to Article 3.
(2) Either Company or the Advertiser may immediately terminate the Agreement, if any officer or employee of the other Party is found to be an antisocial force (such as organized crime group, or member, quasi-member or affiliated company of any organized crime group, or corporate racketeer, political racketeering organization, organized intellectual crime group and any other similar organization or person) or any officer or employee of the other Party is found to be involved with such antisocial force.
7. Rights to Information
(1) Intellectual Property Rights, including copyrights, to information registered, submitted or uploaded for the Advertising Services by the Advertiser shall belong to the Advertiser; provided, however, that Company is not obligated to protect the Intellectual Property Rights of the Advertiser.
(2) Advertiser shall grant to Company the license to use the information registered, submitted or uploaded for the Advertising Services by the Advertiser to the extent necessary for the Advertising Services. Advertiser shall not enforce its author’s moral rights against Company.
(3) Rights to the information of Users that the Advertiser obtains from its use of the Advertising Services (including, but not limited to, names, IDs, icon images, status messages and contents; hereinafter referred to as the “Users’ Information”) shall belong to Company; provided, however, that an exception may apply to any Users' Information collected by Advertiser at websites that are not the websites for the Advertising Services but accessed through the use of the Advertising Services by means, such as links, designated by the Advertiser.
(4) Advertiser may not collect or reuse the Users’ Information for any purpose other than for use of the Advertising Services.
(5) Advertiser agrees that all information registered for the Advertising Services by the Advertiser will be deleted upon the expiration or earlier termination of the Agreement.
(6) Advertiser agrees that information transmitted to Users through the use of the Advertising Services will remain in the Users’ devices even after the expiration or earlier termination of the Agreement and that the Users may continue to use such information.
Subject to the confidentiality provisions in the General Terms and Conditions:
(1) With respect to confidential information or proprietary information of Company or the Advertiser disclosed under the Agreement (hereinafter collectively referred to as the “Confidential Information”), if a disclosing party informs the confidential nature of such information to a receiving party, the receiving party shall treat such information as strictly confidential.
(2) Personal information owned by Company and/or its Affiliate or the Advertiser and disclosed pursuant to the Agreement shall be treated as the Confidential Information. Company and the Advertiser shall use reasonable efforts to prevent any divulgation, falsification or eavesdropping or unauthorized transmission or dissemination of such personal information.
(3) If either Advertiser or Company becomes aware of any divulgation, falsification or eavesdropping or such other unauthorized transmission or dissemination of the Confidential Information, it shall immediately report the same to the other party in writing.
9. Compensation for Damages
(1) If the Company incurs damages due to the Advertiser's violation of the General Terms and Conditions or these Specific Terms, the Advertiser shall immediately compensate all such damages (including, but not limited to, reasonable attorney’s fees).
(2) If the Advertiser receives any claim, allegation, demand, request or motion (hereinafter collectively as the “Claims”) that the Advertiser has infringed upon a right of a third party, including the Users, in relation to the Advertising Services, the Advertiser shall resolve such Claims at its expense and responsibility. If Company incur(s) any damages due to such Claims, the Advertiser shall immediately compensate all such damages. If Company resolve(s) the Claims, the Advertiser shall pay for all expenses incurred by Company in connection with its resolution of the Claims.
(3) Company is not responsible for any damages that Advertiser may incur during any interruption or suspension of the Advertising Services due to Force Majeure, or the event described in Article 3(xi) above.
(4) With respect to the provisions of the General Terms and Conditions and these Specific Terms, only if the Advertiser incurs damages due to the willful conduct or gross negligence of Company, Company will compensate such damages to the extent that such damages are ordinary, actual and direct. The amount of compensation to be paid by Company shall be limited to the fees for the use of the Service in relation to such advertisement which the damages have been incurred.
10. Change of Name and Other Information of the Advertiser
(1) If there is any change to the Advertiser's representative, corporate name or address, the Advertiser shall promptly notify Company of the change in writing.
(2) If Company receives the notice in Article 10 (1) above, Company may request the Advertiser to provide a document evidencing such change, and the Advertiser shall comply with such request.
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