메타씨어터/MetaTheater

Service Terms and Conditions

Article 1 : Purpose
The purpose of the Service Terms and Conditions is to clearly define the legal relationship between MetaTheater Co.Ltd. (“Company”) and users (“Members”) who have entered into an agreement (“User Agreement”) in accordance with the Terms and Conditions to use MetaTheater.live service offered through the online theater operated by the Company (“Service”).

Article 2 : Amendment of the Term and Conditions
1.	The Company shall notify the following information to the users in a manner that is appropriate and on the Service front page to ensure that the Members fully understand the Terms and Conditions of using this Service ; Service Terms and Conditions, the company name, the company address, the name of the company’s Representative Director, the company’s business registration number, the company contact (Phone, Fax, email etc.).
2.	The Company may amend the Terms and Conditions to the extent permitted under relevant laws and regulations. In the event the Company amends the Terms and Conditions in accordance with the preceding paragraph, the Company shall provide advance notice of the effective date of the amendments, the details of the amendments, and the reason for the amendments through the Service. However, if any amendments are disadvantageous to Members, the Company shall provide notice of such amendments through the Service at least 30 days prior to their effective date. Furthermore, the Company shall provide separate notice of such amendments to each Member via email, pop-up screens during logins, or other electronic methods. 
3.	If a Member disagrees with proposed amendments to the Terms and Conditions, such Member shall be permitted to terminate the User Agreement entered into in accordance with the Terms and Conditions and discontinue his/her use of the Service.
4.	Members who do not express their objection to proposed amendments to the Terms and Conditions prior to their effective, despite being notified by the Company in accordance with the preceding paragraph 3, that if they do not express their objection by the effective date of the proposed amendments then they will be deemed to have accepted the proposed amendments, shall be deemed to have agreed to the amendments.

Article 3 : Formation of the User Agreement
1.	The User Agreement is concluded when an individual who wishes to become a Member ('Applicant') applies for membership after agreeing to the contents of the Terms and Conditions, and the Company approves the application. The Applicant shall attain status as a Member when the Company approves his/her application and the User Agreement is concluded. Thereafter, such Member shall be eligible to use the Service in accordance with the Terms and Conditions.
2.	The Company may collect (personal) information such as the e-mail address of the Applicant in the course of concluding the User Agreement, and, in such cases, the Applicant shall provide correct (not false) information. The collection, use and storage of personal information in this paragraph 2 shall be governed by the Company’s Privacy Policy which shall be disclosed separately on the starting page of the Service.
3.	If the Company determines that it may be improper to approve an application for membership submitted by an Applicant due to reasonable suspicions that the application is an attempt to mechanically access the system for the Service, an attempt to fraudulently use an account, involves the provision of false information, or the Applicant is attempting to abuse the Service, etc., the Company may postpone or deny the approval of the application, or terminate the User Agreement following approval. 
4.	The Company shall not provide the Service to children (under the age of 14 in the case of Korean citizens and under the age of 16 in the case of foreign citizens).

Article 4 : Changes to User Agreement
1.	The Member needs to update his/her information online when there is a change from membership application.
2.	The Company shall not be liable for any damages arising from paragraph 1.

Article 5 : Termination of Agreement and Restrictions on Use
1.	The Company may temporarily or permanently restrict the use of the Service by a Member as below.
(1) Provide false information to the Company or steal information from third parties. 
(2) Activities that infringe the copyrights or other intellectual property rights of the Company or third parties. 
(3) Activities that defame or disturb the business of the Company or third parties. 
(4) Use the Service for commercial purposes without the consent of the Company. 
(5) Impersonating the Company or intentionally spreading false information in connection with the Service. 
(6) Other illegal or unlawful activities prohibited by relevant laws such as the Act on Promotion of Information and Communications Network Utilization and Information Protection (hereinafter referred to as the “Network Act”).

Article 6 : Changes to and Termination of the Service, Etc.
1.	The Company may change the contents of the Service if necessary. However, if such changes to the contents of the Service materially affect the rights and obligations of Members, such changes shall be made after providing notice to Members in accordance with the notification procedures set forth in Article 2.
2.	The Company may temporarily suspend the provision of the Service in the event its information and communications facilities and equipment require maintenance/repair or replacement, experience a breakdown or communications failure, or there exists significant operational reasons.
3.	The Company may, if necessary, conduct periodic inspections for the provision of the Service and temporarily suspend the provision of the Service during the periodic inspections.
4.	]The Company may suspend the provision of the Service for managerial reasons.

Article 7 : Rights, Obligations and Indemnities of the Company

1.	The Company reserves all rights to the Service.
2.	The Company shall endeavor to provide the Service in a stable manner, but upon the occurrence of an act of God, war, or any other force majeure event, or if temporary suspension in accordance with Article 6 becomes necessary, the Service may be suspended or discontinued, and in no event shall the Company be responsible or liable for such suspension or discontinuation of the Service.
3.	The Company shall not be liable for any damages arising from the use of the Contents by Members unless any intent or negligence can be attributed to the Company.

Article 8 : Managing Member ID and Passwords
Members shall be responsible for managing their IDs and passwords and shall be solely responsible for any and all damages caused by their intentional or negligent acts or omissions.

Article 9 : Rights and Obligations of Members
1.	Members may personally and non-commercially use contents provided through the Service such as product introductions, artist introductions, Paid Contents(“Contents”), and engage in any activity that the Company permits through the Service (for example, creating reviews)
2.	Members shall refrain from using the Contents as below or in any manner that is beyond the scope of use permitted under this Article. Members shall bear all civil and criminal liability resulting from their unauthorized use of the Contents. 
(1) Creating separate video files of the Contents without the Company’s permission 
(2) Posting the Contents on the internet without the Company’s permission (3) Providing the Contents to third parties without the Company’s permission (4) Any other acts that infringe the copyrights of the Contents 
3.	Members shall not engage in any activity that interferes with the provision of the Service or access servers and network systems used for the Service without authorization.
4.	Members shall not engage in any of the following activities: 
(1) Provide false information to the Company or steal information from third parties 
(2) Activities that infringe the copyrights or other intellectual property rights of the Company or third parties 
(3) Activities that defame or disturb the business of the Company or third parties 
(4) Use the Service for commercial purposes without the consent of the Company 
(5) Impersonating the Company or intentionally spreading false information in connection with the Service 
(6) Other illegal or unlawful activities prohibited by relevant laws such as the Act on Promotion of Information and Communications Network Utilization and Information Protection (hereinafter referred to as the “Network Act”).

Article 10 : Formation of Usage Contract for Paid Products
'Paid Products' mean the 'Service' or contents of the 'Company' that the 'Members' can access after paying a certain price. 'Paid Products' include the rights to watch and/or download specific 'Contents'; certain products that provide access to 'Contents' for a fixed term; specific features that are available on the 'Service'; etc. More information on 'Paid Products' is provided under the product detail page, to which the users can refer to purchase and access the contents.
A contract for purchasing the Paid Products is formed (‘Usage Contract’) when the Member provides consent to the Terms and Conditions and purchases the Paid Contents.

Article 11 : Purchase and Refund of Paid Products
1.	The purchase of Paid Contents is made through a payment method for the Company, such as credit card, mobile phone and bank transfer, made available by mobile application companies. If there is an independent business operator which operates the payment method selected by the Member, the Member must follow and implement the procedure set out by the business operator before using such payment method to proceed with the payment.
2.	The Company may refuse or cancel the Usage Contract for the Paid Contents by refusing to accept the Member’s purchase request or by reserving or revoking the acceptance of the request in the following cases: 
(1) If the Member has failed to use his or her real name or used another person’s name; 
(2) If it is determined that there has been a fraudulent payment by theft, considering the circumstances such as massive purchase of the content by using the same IP, consecutive payments by using similar user ID and any history of ID theft; 
(3) If the Member has provided false information or failed to provide required information in the process of purchasing the Paid Contents; 
(4) If the purchase request has been made by a minor under the age of 19 without the consent of the legal representative; 
(5) If the payment for the purchase has not been made or there is a possibility of such payment not to be made; 
(6) If the Member has breached the Terms of Use, including copyright infringement of the Content (including the Paid Contents); 
(7) If the Member’s use of Service has been restricted pursuant to Article 5
(8) If the Member has ever violated any of paragraph 1 through paragraph 7 above; or 
(9) If the acceptance of the purchase request violates any relevant laws and regulations, or is against social order, public morals and related terms and conditions of the Company.
3.	In the following circumstances, Company may suspend the acceptance of the purchase request until the cause of the event is resolved: 
(1)	If the Service disruption occurs; or 
(2)	If the Company experiences a shortfall in human resources or lack of facilities to conduct a normal operation of the Service.
4.	Once the Member properly purchases the Paid Contents and enters into the Purchase Contract for the Paid Contents, Company shall promptly deliver the Purchase Contract, including the matters described in Clause 3.1 above to the Member.

Article 12 : Contents of, Changes to, Termination of, and etc. in Regards to Paid Products
1.	The Company shall notify, in a manner that is appropriate, the following information in these Terms and Conditions and on the Service page to ensure that the Members fully understand the transaction terms for the purchase of the Paid Contents before purchasing the content so that Members may purchase the Paid Contents without making mistakes or having any misunderstanding. Each of the provisions listed below will be binding upon the Company and the Members as part of the Terms and Conditions. 
(1) The company name of the seller and the name, address and telephone number of the company’s Representative Director, etc.; 
(2) Specific details regarding the Paid Contents such as the type and price of the Paid Contents and the method, period, and conditions for using the Paid Contents; 
(3) Matters such as the period for and method and effect of the withdrawal of the purchase order or termination of the contract; and 
(4) Matters relating to handling of the consumer complaints, compensation for damages, and dispute resolution.
2.	The Company shall notify in advance, in a manner that is appropriate, the Members of the types, prices, and other information. of the Paid Contents; make amendments to the aforementioned information; and terminate specific Paid Contents. If such amendments and termination are unfavorable for the Members, and have an effect of serious importance to the rights and responsibilities of the Members, the aforementioned amendments and termination will become effective by adhering to the procedures for notification and announcement in accordance with the Article 10.
3.	If the Company, in accordance with the previous Paragraph, makes amendments to the types, prices, and other information about the Paid Contents, or terminates the Paid Contents, thus limiting the Members, with no causes attributable to the Members, from using the Paid Contents previously purchased in accordance with the conditions and etc. prearranged upon purchasing, the Company shall provide the appropriate compensation for the Members.

Article 13 : Notification
1.	The Company may individually notify Members by using their e-mail address unless otherwise specified in the Terms and Conditions.
2.	Notwithstanding the preceding paragraph 1, if the Company needs to notify an unspecified number of multiple users, the Company may substitute providing notice individually to Members in accordance with the preceding paragraph 1, by providing notice through the starting page of the Service for a period of at least 7 days.

Article 14 : Withdrawal of Purchase Order
1.	Under the Korean Consumer Protection Act in Electronic Commerce (hereinafter referred to as the “Electronic Commerce Act”), the Member may withdraw the purchase order or terminate the Purchase Contract (hereinafter referred to as the “Withdrawal of the Purchase Order”) for the Paid Contents within 7 days upon receipt of the Purchase Contract or the Paid Contents. However, if the member has already used the purchased content, the Member may not withdraw the purchase order or terminate the Purchase Contract for the part that has been already used. The Company shall clearly notify the reason for such restriction to the Member at the time the Member purchases the Paid Contents.
2.	Notwithstanding Clause 1. above, if the contents of the purchased content are different from those provided in the display or advertisement, or are different from the stipulations set forth in the Purchase Contract, the Member may withdraw the purchase order or terminate the Purchase Contract within 3 months from the date of the receipt of the content or within 30 days from the date the Member discovers or could have discovered such fact.
3.	If the Member withdraws the purchase order or terminates the Purchase Contract under Clause 1 or Clause 2, the Member shall return the purchased content pursuant to the Electronic Commerce Act, and the Company shall proceed with the refund procedure pursuant to the same Act. 
4.	Other matters related to the Withdrawal of the Purchase Order pursuant to this Article shall be governed by the provisions in the Electronic Commerce Act.

Article 15 : Return and Refund for Reasons Other Than Withdrawal of Purchase Order
The Member may request a refund for the Paid Contents that have not been used, and the Company shall issue refunds in accordance with the relevant laws and regulations in response to the Member’s request for a refund. However, such refunds are only available for the Paid Contents that have been purchased for a fee.

Article 16 : Termination of Contract
1.	The Member or the Company may terminate the Usage Contract for the Paid Contents if the other party fails to fulfill its obligations under the contract for a considerable time.
2.	The Company may immediately terminate the Usage Contract for the Paid Contents, if it is confirmed that the Member committed an act described in paragraph 1 of Clause 5.2.

Article 17 : Limited Liability
1.	The Company shall be exempted from liability for its failure to provide the Paid Contents as stipulated in the Purchase Contract due to a natural disaster or any other equivalent force majeure situation.
2.	The Company shall be exempted from liability for its failure to provide the Paid Contents as stipulated in the contract for reasons attributable to the Member, unless there is an international or grossly negligent act done by the Company.
3.	The Company shall not be liable for any dispute arising between the Members or between a Member and a third party in connection with the Paid Contents.

Article 18 : Prohibition of Assignment
The Member shall not assign its contractual status, rights or obligations under these Terms and Conditions to another person, or dispose any of its rights or obligations, including a transfer of the rights or obligations for the purpose of mortgaging, etc.

Article 19 : Processing of Consumer Complaints and Damage Compensation
If the Member suffers any damages such as inability to use the Paid Contents properly due to an intentional or negligent act of the Company, the Company shall make the best efforts to resolve the issue and properly compensate for such damages.

Article 20 : Governing Law and Jurisdiction
1.	The Terms and Conditions shall be governed by the laws of the Republic of Korea, and the courts of the Republic of Korea shall have jurisdiction over any disputes arising from or related to the Terms and Conditions.
2.	Any disputes arising between the Company and the Member shall be submitted to a court having jurisdiction over the Member’s address when the complaint is filed, and in case the Member’s address cannot be ascertained, the district court having jurisdiction over the Member’s residence shall have exclusive jurisdiction. Provided, however, if the Member’s address or residence is not clear when the complaint is filed, the dispute shall be referred to a competent court in accordance with the Civil Procedure Act. If the Member is a foreign resident, the dispute shall be referred to the Seoul Central District Court of the Republic of Korea.

Effective Date: April 1, 2021