This terms & conditions is managed by eMUSICMARKET (hereinafter ‘company’) in purpose of prescribing detailed information rights, duties, responsibilities of sound source traders, companies, information on use of services for members and other requirements for using e-commerce related services (hereinafter ‘service’) provided by http://www.eMUSICMARKET.com
Term Definition
The definitions of terms our company uses are as follows.
1) eMUSICMARKET: a website which provides e-commerce system for selling and buying sound source (hereinafter ‘product’) freely.
2) Sound Source: every digitalized music audio files which are registered to be bought and sold through eMUSICMARKET.
3) User: both member and non-member those who use services provided by the company as they have agreed to terms and conditions and 4) their application for registration have been accepted by the company.
5) Member: a person or business who are able to use services provided by the company as they are registered in the company which 6) Provides them with information and services continuously. Members are classified into two categories: purchaser and seller.
7) Purchaser: member who are able to purchase sound source use purchasing-related services from eMUSICMARKET.
8) Seller: members who are able to register sound source to eMUSICMARKET and sell them as well as to use the related services.
9) Non-Member: the ones who use services provided by the company without registration.
10) Register: a person’s subscription for service contract by agreeing to terms & conditions and entering required information for 11) Application to be accepted by the company.
12) ID: e-mail address, which consists of combination of digits and English letters, set and registered by the member for their identification and use of services.
13) Password: combination of English letter and digits set by members on their own for confirmation of identification of the member and for protecting personal information.
14) Member Level: the level assigned by the company to members according to certain criteria based on the members’use of services provided by the company.
15) E-Mail Verification: the method for verifying the members’ identification through verification code which is sent to the e-mail address which the member hands in for registration.
16) Working Days: the days in which the company provides services normally apart from Sat, Sun and legal holidays.
17) Customer Support Center: the center for receiving and sorting out requirements from customers as to services.
The definitions of terms, which have not been defined in the section 1, are used according to general transaction practices.
Specification, Validity and Alteration of Terms & Conditions
1) The company post the contents of this terms & conditions, names representative, address, contact number, document facsimile number, the name of personal information manager, e-mail address, permit number, online business registration number of the company so the customers can be aware of them.
2) The company can change this terms & conditions if according to valid reasons within the range in which the laws related to regulations specified by this terms & conditions, e-commerce act, electronic signature act, laws related to promoting information network, information protection and customer protection are not violated. If so, the company is supposed to post the changes in terms & conditions and on the website 7 days before the day in which changes begin to be applied. However, if the changes can be unfavorable for the customers, the information should be posted and notified to each customer via e-mail and other methods 30 days before the day in which the changes are to be applied (If it is hard to notify the change to each customer as he/she did not provide contacts or the existing contacts have been changed, the notification posted on the website shall replace the process).
3) Agreement to this terms & conditions means that the user will visit the website and check the changes in terms & conditions on regular basis. The company does not take responsibility for disadvantage of members or users if they are not acquainted with the changed terms & conditions.
4) The members who do not agree with changed terms & conditions and require withdrawal of their membership (termination of contract). If the user does not express intention for denial to changes in terms & conditions although the company, according to the 2nd section, posted informed changed information that “if the user does not express denial to changed term & conditions until it is applied, the user shall be assumed that he/she agreed with the changed terms& conditions,” on the website or sent it to the user, the company shall assume that the user agreed with the changed terms & conditions.
5) Amendment of terms & conditions is to be validated after the day in which the changes are to be applied; the previous services are applied to the previous services.
Regulations Apart from Terms & Conditions
1) The items are not stated in this terms & conditions are based on related regulations such as consumer protection law for e-commerce and general commercial practice.
2) The company can set item which is to be applied separately to particular service (hereinafter “separate provision”) and notify it through eMUSICMARKET if needed. If the member agrees with separate provision, it becomes part of entire contract and is to be applied preferentially if this provision is violated.
3) The company can set detailed items related to use of services (hereinafter “service policy”) and notify it through eMUSICMARKET if needed.
4) If there are changes in individual provision and service policy, the company needs to notify it 7days before the changed policy is to be activated. If the member does not agree with the changed terms & conditions, service policy and individual provision, he/she can require withdrawal (termination of contract). If the member does not express denial to the changed matters, the company can assume that he/she agreed with the changes in terms & conditions, service policy, individual provision.
5) All members should pay attention if there are changes in individual provision and the contents of service policy always. They should check if there is any of notification on changes in the provision.
Contract for Using Services
1) The service contract (hereinafter “service contract”) regarding the services provided by the company is made by acceptance of the company on application of the one who wants to use the services. The one who wants to use the services can apply for it through agreeing with terms & conditions after filling in each item of application form for registration.
2) Registration is activated by the company’s notification for acceptance on the related webpage or sending e-mail or the other ways, which the company decides, to the user.
3) The one who are eighteen years old or over are eligible to apply for registration. Minors are not allowed to be registered.
4) The person or business can have one ID only.
5) The member cannot use the previous ID he/she used before termination of service contract (including cancellation) but new ID.
Change and Protection of Personal Information
1) If there is any of changes in mentioned items for registration, the member should modify it promptly. However, the ones, of which modification is not available, including name and e-mail address cannot be modified.
2) The member is in charge of disadvantage occurs as he/she did not change information and the company does not take any responsibility.
3) The company shall not use personal information of its members in other purpose other than to provide services or not provide the information to the others without agreement from the users. The case below, however, can be exception
- If the law allows using personal information of members or provide it to third party.
- If such information is required for purchasing, needed for sorting out conflicts related to faulty sound source, copyright and for cancellation of transaction. In this case, the company provides contact details of purchaser and seller only to each other.
The company establishes policy for protecting members’ personal information, select the staffs who are in charge of doing so and notify it on the website.
Subscription for Using Services
1) The one who wants to register in the company and use services needs to fill in required items according to application form provided by the company. The application form for registration is classified into compulsory and optional ones. The user should fill in compulsory ones. Each required item for registration application form is to be applied differently depends on whether the user a person or business.
2) Compulsory items for seller: ID, password, e-mail address, name, nationality, intention to receive advertisement e-mail, agreement for using services.
3) Compulsory items for purchaser: ID, password, contact details, e-mail address, name, nationality, intention to receive, agreement for using services.
4) The company can require extra information (ex: birthday, marriage state, occupation, hobby, interested area) apart from the compulsory items mentioned in the 2nd and 3rd sections, the user can reject to provide such extra information. The extra information shall be used only for providing the members with various and beneficial information but for the other purposes.
Acceptance, Resistance, Pending of Application for Registration
1) The company shall accept the ones who fill in the items mentioned in clause 7 (subscription for using services) exactly and agree with this terms & conditions through verification via e-mail only.
2) The company can reject subscription for registration for the reasons below.
1. If the applicant is under 18 years old.
2. If the applicant’s e-mail address is the same as that of an existing member.
3. If there are false, omission and error on the information in the application form.
4. If the reapplication is requested within one month after termination of contract.
5. If the member, whose membership has been suspended, terminates service contract(임의로 누락) arbitrarily and request reapplication.
6. If the request for registration violates this terms & conditions, law and is judged as unreasonable
7. If the one who agreed with eMUSICMARKET terms & conditions violates the related item.
3) The company defer permission on registration for the reasons sated below. In this case, the company needs to notify the reasons for deferring permission, when the application will be activated, extra information required for permission and other matters or data related to the permission on the related webpage or through e-mail.
1. If there is lack of facilities.
2. If there is technical inconvenience.
3. If the member is not verified through e-mail verification
4. If it is needed by the company based on reasonable judgment
Termination of Contract
1) Members can terminate service contract according to each statement below.
1. The member can terminate contract through notifying to the company at any time. However, every transaction on sound source currently should be withdrawn and cancelled before the notification and the member should be in charge of disadvantage caused by the termination. Further, if the member did not refund dept related to use of services, the company can postpone termination of contract until all dept is refunded and the user can penalized according to relate acts.
2. The member who terminate contract should take responsibility for disadvantage cause by termination and the company can withdraw every benefits provided to the user after termination of contract.
3. The member who terminates contract arbitrarily will become able to re-register to the company from one month after the termination after the user notifies intention for re-registration to the company and the company’s accepts based on clauses related to registration process. This because he/she can illegally receive monetary benefit including registration-benefit, event through repetitive re-registration and cancellation and there are risks of illegal action such as illegal use of other’s name during this process.
4. As the member who terminates his/her contract with the company can receive monetary benefit from registration and event provided by the company through repetitive re-registration and cancellation and there is risk of use of other’s name during this process, the terminated member’s ID, name, e-mail address, date and reason of withdrawal are to be kept by the company for 1 month after the withdrawal.
2) The company can terminate service contract according to each item below.
1. The company can terminate contract if any incident related to one of the following items occurs and this is confirmed.
A. If the member infringes rights, honors, credibility and other benefits of the other member and the company (including staff and receptionist) and violates laws legislations related to the server and public orders and customs
B. If the member takes one of the following actions which can impede service process or in other related cases
- Frequent and poisonous claiming without suitable reasons
-Frequent returning and cancellation of purchase product or service which do not show particular defects
-Confusing purchasers and causing their dissatisfaction as the seller enters important information on sound source wrongly or miss part of the information
-If the member causes damage to seller and purchaser unreasonably by repetitive cancelling of selling and purchasing
- If the member violates the other regulations set by the company
C. Hindering operations of the company on purpose, uploading unsuitable sound source (according to the 1st section of 20th clause) and benefiting from uploading same sound source repeatedly.
D. If the selling and purchasing activity are judged as improper to be continued due to continuous cancellation of transaction.
E. If the member takes action which violates this terms & conditions or reason for termination of contract occurs.
F. If the member is judged to show conditions for rejecting acceptance which is stated in the 8th clause (pending of application for registration).
G. Apart from these, if the company perceives the needs of rejection for providing services based on reasonable judgment.
2. The company should notify termination of contract to the member through e-mail, phone, fax and other methods with the reason for termination. Termination of service contract is to be activated after the member is notified with it.
3. Although the company terminates contract according to this clause, this terms & conditions is applied to transactions which have been completed before termination of the contract.
4. If the contract is terminated according to the items stated in this clause, the company can cancel transactions with the member without notification. Further, if the member purchased sound source by credit card, the company can cancel it and withdraw the additional benefits which are to be provided to the member.
5. If the contract is terminated according to this clause, the company can reject the member’s subscription for re-registration.
6. If the contract is terminated according to this clause, the member’s ID, name, e-mail address, the date and reason of withdrawal are to be stored by the company for 12monthes to prevent illegal and expedient action.
3) The member is to be in charge of disadvantage caused by termination of contract if his/her service contract is terminated according to the 2nd section of this clause.
Member Level
1) The company can offer functional limitation and different benefit to the member according to his/her level. The different function and benefits are provided according to certain criteria set by the company and its detail is to be posted on application webpage which is shown to the customer as he/she apply for use of services.
2) The company can require performance and business data from the member when he/she apply for use of services according to the member level to verify his/her credibility, suitability as purchaser and seller.
3) The member should apply for member level change after reviewing different benefits and functional limitation according to each level enough. After the member level is changed, the member cannot require refund for changes in service inclusive, benefit and functional limitation.
Member Management
1) The company can take the following actions on members who violates this terms & conditions, related legal actions and general principles of commercial transaction.
1. Withdrawing entire or part of additional benefit provided by the company.
2. Restrict use of particular service
3. Termination of service contract
4. Charging compensation for damages
2) If the company takes one of actions stated in the 1st item, the company need to notify to the member through phone or e-mail in advance. If the contact is unavailable or the matter is urgent, the company can take action first then notify it to the member afterwards.
3) If the member perceives the action taken by the company is unreasonable, he/she can protest for it.
4) The company can regard the account which has not been logged in for more than 12 months as dormant account and can restrict services provided by the company. To revive the dormant account, the member needs to confirm his/her identity.
5) The company can perform notification through the following methods
1. The company can send notification through the e-mail address which the member has provided when contract has been made.
2. For notification to unspecified whole members, the company can post changed on the website for more than a week instead of individual notification. However, notification should be performed individually if the matter is important regarding individual transaction.
Inclusive and Its Termination
1) The services last from when the member apply for registration and eMUSICMARKET accept it until the service contract is terminated.
2) The company can suspend offering services temperately for repairing, checking, replacing IT facility such as computer, sorting out trouble with the facility and loss of communication. In this case, the company needs to notify the reason on the start-up website and through e-mail to each member.
3) The company can restrict or suspend offering services when it is unavailable to provide services due to natural disaster or other uncontrollable incidents.
4) If the company cannot offer services due to changing the business line, withdrawing business, merger with other company, the company needs to notify the schedule and ways of compensation through the methods stated in the 5th item of 11th clause.
Fee for Using Services
1) The company can charge subscription fee for offering particular service or function provided by eMUSICMARKET.
2) The company can charge subscription fee differently and apply services and functional limitation differently according to the member’s level
3)The company can charge commission by the rate set by the company according to the size of transaction for transaction between members.
The subscription fee, according to this clause, is set based on individual terms & conditions stated on the webpage or application form.
Copy Right Policy
1) The company should establish policy for protecting copyright of its holder for using services and the member should comply with it.
2)The copyright of files is of the member who uploaded them while using purchasing and selling services. The member shall take responsibilities on civil and criminal cases related to the copyright of the works which has been produced by the member.
3)The company can expose the works made by its members to be available for searching on the other website and use them for promotion, advertizing and for other purposes freely. Further the company can copy, exhibit, transfer and distribute the uploaded files and can utilize them for making secondary and editorial works. However, the company should suspend using the file promptly if the member, who has copyright on the works, request not to do so and to delete them.
4)The member shall agrees with that the copyright mentioned in the 3rd section of this clause will be valid during the service provided by eMUSICMARKET is operated and after the member withdraws from the contract.
5)The company should obtain consent from the member through phone, fax, e-mail and other methods for using the works produced by the member through the other ways apart from those mentioned in the 3rd section of this clause. However, the company can obtain ex-post facto approval if the contact detail of the member is not valid or the member does not respond to the company’s request. The company can apply special reward system for commercial use of the member’s files according to this clause.
6)The copyright and the other intellectual property right on the works made by the company belong to this company. However, intellectual property right of the member can be approved in the case that if the work is a project one deals with technical information and learning material produced under cooperation with particular member.
7)The member should take responsibility for copying, transferring, publishing, distributing, broadcasting and using the information obtained by using services provide by eMUSICMARKET for third party without permission from the company .
8)If the member’s copyright on his/her works is violated, the right can be protected by using customer support center operated by the company.
9)The company can delete the uploaded works, restrict or suspend use of particular service or terminate service contract without notification in the following cases.
1. If the uploaded work violates laws of the nation (Korea) in which the server is located.
2. If the uploaded work violates right, honor, credibility and other benefits of the others including the company.
3. If the uploaded work contains malicious code or data which can cause malfunction of IT facilities.
4. If the uploaded work violates public order or customs.
5. If the uploaded work impedes operation of services provided by eMUSICMARKET.
Member’s Personal Information Protection
1) The company shall put efforts to protect personal information of its members including their registration data according to the related acts. The protection of personal information of the members is to be performed according to related acts and “personal information protection policy” set by the company. The agreement to this terms & conditions and personal information handling policy means that the member agrees with collection, use, offering, consignment of personal information and its protection policy.
2) For transaction accomplished through services provided by eMUSIMARKET, the company shall provide personal information of seller and purchasers related to downloading, transaction of sound source and their cancellation to each other within required range.
Services
The services which the company provide to its members are as follows
1) E-Commerce Service: the service and related additional service which the company provides to its members through the company’s website (http://www.eMUSICMARKET.com) to offer a place for online transaction in which transaction of sound source can be performed.
1. Sales related support service
2. Purchasing related support service
3. Provide services for making contract, payment and protection of payments
4. Sound source searching services
5. Other e-commerce related services
6. eMUSICMARKET advertizing and promotion services
2) Other Services: Video tutorial, review from professional, etc.
Denial of Representation and Surety
1) The company only provides, operate and manage system for free transaction of sound source between members. Therefore, the company does not represent purchaser or seller hence the responsibility for completed transaction between members and information provided by the members is of the related members.
2) The company does not guarantee the validity of purchasing decision, authenticity, quality of sound source, its artistic value, legality, noninvasiveness on other’s copyright which are related to transaction between members through eMUSICMARKET. The relevant member is to take responsibility on all the risks and legal obligations.
3) The company does not sell sound source to its members purchase it from them but only develops and provides its members with mechanisms for enhancing safety and reliability in transaction between the purchaser and seller.
Purchasers’ Use of Services
1) Purchaser applies for purchasing sound source through the website of eMUSICMARKET according to the following mechanisms or similar ways and the company provides the information to the purchaser as easy as possible.
1. Searching and selecting sound source
2. Confirming contents of terms & conditions, services in which cooling-off is limited, confirming contents which are related to costs.
3. Agreement with this terms & conditions and intention on consent or rejecting the items state in the 2nd item.
4. Subscription for purchasing and its confirmation or agreement to the confirmation from the company
2) The purchaser cannot express intention for purchasing or suggest price without intention for purchasing. If the purchaser impedes opportunities for selling and purchasing of other members through expressing intention for purchasing, the company can take action such as deprivation of the membership of the member.
3) The purchaser should review the sound source enough regarding its suitability, artistry and check the price before purchasing then he/ she can bid price. The purchaser should take responsibility for disadvantage caused as he/she did not review the sound source enough.
4) The company is not concerned with conflict regarding copyright and process for copyright registration occurs during transaction at all. All these processes should be performed by the purchaser and seller.
5) The purchaser should comply with this terms & conditions and the notification posted on the website by the company. The purchaser shall take responsibility for disadvantage occurs as he/she violates the notification or does not comply with it.
6)The company does not represent or guarantee the suitability, artistry and business terms & conditions. Accordingly, the purchaser should be in charge of all process of purchasing.
7) The purchaser should not make the sound source available to be distributed or downloaded by the others if the transaction has been canceled due to such reason as fault in sound source. The purchaser should take legal responsibility for loss and damage caused by use or distribution of sound source of which transaction has been canceled on his/her own.
8) The purchaser should take part in sorting out conflict with seller regarding transaction of sound source in a proactive manner. The purchase should take responsibility for every loss and damage caused by faithless attitude to sorting out conflict on his/her own.
9) The company can check the validity of payment method of purchaser and the transaction process can be suspended or canceled until the method’s validity is verified. The purchaser should take responsibility for loss and disadvantage of the company, owner of payment and seller caused by using payment method under disguised ownership.
10) The company should manage various facilities and data for providing purchaser with safe services and check if the services are used according to the purpose of providing service. If the services are used for other purpose, the company can request elucidation from the purchaser.
11) The purchaser cannot use brand name and logo of the company commercially without permission from the company.
Sellers’ Use of Services
1) Only sellers can sell sound source. To do so, the seller should fill in the essential information on application form without false including price, genre, selling condition of the sound source. In doing so, the seller can set the price of the sound source according to the service charge, producing costs, artistry of the sound source or the purchaser can bid price. The seller should take responsibility for monetary damage caused by setting the price wrongly.
2) Seller apply for sales on the website of eMUSICMARKET through the following or similar related methods and the company should notify them as easy as possible.
1. Uploading sound source and setting price
2. Confirmation of contents of terms & conditions, services of which cooling-off is limited, items related to costs.
3. Agreement with this terms & conditions and expression of confirmation or denial to the items stated in the 2nd section.
4. Confirmation of application for sales or agreement with the confirmation from the company
3) To sell sound source on the website, the seller should comply with the items on laws related to consumer protection (hereinafter “KECCPA), electronic financial transaction law, specialized credit finance business act, telecommunications business act, value added tax act, laws related to promotion of information and communication network and personal information protection, copyright law required by the legislation of the place (Korea) in which the server is located.
4) The seller cannot use the brand name and logo of the company commercially without permission of the company.
5) The seller shall not sell products to purchaser directly or lead this sort of action. If he/she violates this condition, the company can suspend the seller’s right for using services or terminate service contract.
6) The sound source uploaded by the seller should be one the seller has created. The seller cannot upload sound source produced by the others, same one repetitively and the ones which are in accordance with the items stated in the 20th clause. In addition, the seller take responsibility for disadvantage caused by such behavior
7) If the sound source uploaded by the seller is a co-produced one, there should be agreement from the other co-producer. The seller should take responsibility for trouble occurs as he/she upload it without agreement from the co-producer.
8) Purchaser and the ones who are to purchase the sound source registered by seller can listen to the sound source before purchasing for reasonable transaction. If the seller upload the sound source, it is assumed that he/ she agrees with this terms & conditions.
9) The company can take action for improving service quality including warning or termination of suspending account if the seller takes too much time until setting price and uploading sound source or the frequency (rate) of cancellation due to fault sound source exceeds certain standard.
Unsuitable Sound Source for Sales
1) It is prohibited to sell fault sound source which is included in the following items. The seller should take all responsibilities for troubles caused by selling improper sound source.
1. Sound source which has been produced by the other but not by the seller
2. Sound source which violates other members’right including intellectual property right, copyright.
3. Obscene material which is prohibited to be sold by acts including criminal law, laws related to information & communication network promotion and personal information protection.
4. Sound source which has been registered already or the ones of which name has been changed only.
5. Sound source of which copyright is not of the seller, the one is managed by copyright association of each country and the one which has already been sold through eMUSICMARKET or by the other organization/methods.
6. Sound source which does not match to its classification.
7. Sound source which is copied version of existing one or which can cause dispute of plagiarism.
8. Sound source which has not been produced by the seller or the one of which copyright is not of the seller.
9. Sound source which violates other related laws or the one has been prohibited to be sold by the company for particular reason.
2) The company can delete the sound source of prohibit its sales without notification if it is judged as improper one. If the sound source has already been sold, the company can cancel the transaction. The costs paid by the seller for using service shall not be refunded for the improper sound source.
3) The company can terminate or suspend membership of the member who uploaded improper sound source and charge compensation to the seller for damages on the company caused by sales of the improper sound source.
4) If the seller violates other’s copyright through selling sound source which is included in improper sound source, which has been copied or plagiarized, stated in the 1st item, the purchaser can charge compensation (purchasing costs, purchaser’s emotional damage, monetary damage caused by using the sound source) to the seller directly for the costs fit to the damage caused by purchasing the sound source through agreement between each other. In this case, the company can charge compensation to the seller for the payment commission paid to purchaser, emotional damage (including mechanism which can be transferred to monetary value), monetary damage caused by using the sound source, general costs for sorting out this process.
Receipt Notification and Contract Verification
1) The confirmation of application for purchasing of purchaser is to be notified through the methods stated in the 5th item of the 11th clause.
2) The seller, who has been notified with application for purchasing from purchaser through receipt notification, should express his/her opinion according to the 1st item of the 23rd clause. If there is discordance in opinions between them, both parties can require for modification and cancellation of the order.
3) The seller should cope with subscription for purchasing from purchaser without delay.
4) If the payment has already been performed, both parties should be in accordance with the items stated in the 24th clause.
5) The contract is accomplished as the approval from seller is received by purchase in the form of notification for transaction completion stated in the 1st item of this clause.
6) The seller’s approval shall include information on confirmation on purchaser’s subscription for purchasing, availability of sales, sales price, modification/ cancellation.
Verification of Sales Contract and Payment
1) Sales contract on sound source is verified through purchaser’s expression of agreement with sales condition suggested by the seller and the seller’s following approval to this.
2) The payment method provided by the company includes credit card and pay-pal. The company may provide payment methods for the members such as credit card and pay-pal.
3) The purchaser should take responsibility and disadvantage in regard of purchaser’s personal information which is required for payment. provided by the purchaser him/herself.
4) If the payment is not completed within particular period after the purchaser expressed intention for purchasing, the company can cancel the order without agreement from the purchaser.
5) The company shall enable purchaser to check the state of purchasing process through Purchased menu in Mypage.
6) The company can check the validity of purchaser’s payment method. Further, the company can suspend transaction until this process is completed and if the validity cannot be checked, the company can cancel the transaction.
7) The costs which the purchaser pays include cost for the product, charge for using service and other costs (total purchasing costs). And the documentary evidence (tax invoice, credit card selling slip, etc) is issued as total purchasing costs to seller
Sound Source Download and Completion of Transaction
1) The seller should agree with the price suggested by the purchaser or suggest new price within 72 hours after initial price is suggested. Both purchaser and seller should respond to new price suggestions within 72 hours from each suggestion.
2) If the one of both parties does not response within 72 hours, the company can cancel the transaction or limit sales and/or purchasing of the sound source.
3) As negotiation on price is completed, the seller should upload the sound source in the form which purchaser wants (multi-track or master) within 72 hours. If the sound source is included in the under one of following conditions, the transaction can be cancelled and the seller should take responsibility.
1. Sound source does not satisfy form, sort, the number of tracks which the purchaser wants
2. Sound source which cannot be used in practice due to noise and/or bad sound quality.
3. Sound source of which quality is different from streaming one which the purchaser sets as criteria for purchasing.
4. Any other improper sound source, apart from these stated above, which is included in the 1st item of the 20th clause.
4) The company does not take responsibility for subscription for refund of which reason (changed mind etc.) is not included in the 2nd item of this clause after payment. Both purchasers and seller should take responsibility for every conflict between them after payment.
5) The sound source, which has already been sold, is not exposed to purchaser anymore and the registration of sound source is automatically canceled and it will be prohibited to be re-registered. However, if the transaction is canceled due to changed mind of purchaser, the sound source will be automatically exposed to the other purchasers.
6) As payment is completed, the company can pay the sales profit of sound source excluding the commission set by the company to the seller through payment method used by the company.
7) Transaction is to be completed as the sales profit is transferred to the seller through method stated in this terms & conditions!! 5th item of this clause.
8) If copyright of the sound source is to be traded during transaction, each party’s e-mail address is sent to each other for direct negotiation between them.
Termination of Transaction and Cooling-Off
1) Transaction can be cooled off if the case matches to the 3rd item of the 23th clause. The other cases which are not included in such item cannot be seen as reason for cooling-off or refund.
2) The purchaser will become available to pay for the sound source after the seller uploads it and be able to download the sound source after payment. If any fault in the sound source is detected, the purchaser can require re-upload and or cooling off through the method set by the company.
3) The purchaser cannot use faulted sound source commercially, copy and plagiarize the sound source after cooling- off. and the The purchaser shall be in charge of the responsibility for related civil and crime cases.
4) If the seller avoids procedures for re-providing sound source to the purchaser due to fault in the sound source or does not response respond to it within the given time, the company can cancel the payment or refund it through cooling- off.
5) The company can defer process under request from purchaser for cooling-off if the purchaser does to for other reason apart from the ones stated in the 3rd item of the 23rd clause and the 2nd item of the 24th clause until the request is validated.
6) If the transaction is cooled-off, the company shall take action for refund on purchaser within two working days after the transaction is cancelled.
7) The refund for credit card transactions and the paid money is not to be refunded to cash account in any case.
Balancing Sales Profit
1) If payment is not cancelled within 72 hours after completion of payment, the company shall transfer the sales profit, apart from commission for using service, pending money and other debts, to seller according to the schedule set by the company. However, the company can postpone the transferring process for up to 60 days to check if there seem to be clue of false transaction which has been performed to use payment through credit card only, false or disguised registration.
2) The seller should receive the money through pay-pal account which is owned by the seller.
3) The company can deduct costs for seller’s imputation from sales profits.
4) If the seller is charged with provisional attachment, seizure and aberweisungsbeschluss zur Einziehung of sales by court as the debtor requested, the company can defer balancing sales profits until the decision is cleared because of due to agreement between the seller and debtor or the debt is paid.
5) Apart from these regulation stated in this clause, if there are proper reasons, the company can defer or set off balancing part or entire sales profits after notifying to the seller.
Prohibited Acts
1) Direct transaction between purchaser and seller, not though payment system provided by the company, is prohibited for safety. The related parties shall take responsibility for troubles cause by direct transaction and the company shall not be in charge of it.
2) The purchaser or seller who perform or have attempted to perform transaction directly with the other can lose their membership or their service contract can be terminated. Any member can report these ones to customer support center of the company.
3) It is prohibited to attempt to approach to system or to use services provided by the company not according to the using method stated by the company.
4) If such cheating is detected, the company can withdraw part or entire additional service provided by the company, restrict use of particular services and terminate service contract.
5) It is prohibited to purchase services provided by the company by using the other’s name, credit card information and account. If this case is detected, the member can receive criminal punishment.
6) It is prohibited to pay through such mechanism, which is restricted by act including specialized credit financial business act, as accommodate finances through disguised sales. If the case is detected, the company can stop transaction and report to related organization.
7) Improper transaction by using discount rate and/or transaction without intention for purchasing of sound source are prohibited. If such case is detected, the company can cancel the transaction, restrict use of services and terminate service contraction.
8) The company prohibits uploading sound source which does not match to its category and repetitive registration as they can impede operation of the company. The company can request modification for the mentioned cases and can restrict use of the website for the related account according to the number of violation.
1. Uploading sound source which does not match to its category means uploading sound source with wrong category.
2. Repetitive uploading means that same sound source is uploaded with same sales condition within the same or similar category repetitively.
- The company can restrict searching for the product which has been judged to be uploaded repetitively for effective product searching.
3. If the seller writes popular keywords such as artist’s name, genre which are not related to the sound source to expand disclosure of the sound source more, the company can restrict the product not to be searched.
4. The company, apart from these, prohibits exposition of product through the other improper mechanisms.
Customer Support Center
1) The company operates Customer Support Center to control legal cases associated with transaction safety such as violating other’s right and laws which can occur while the member is using services.
2) The roles of Customer Support Center are as follows.
1. Active convergence of customers’ reasonable opinion and claim and effort to sorting out these matters.
2. Controlling conflicts between members.
3. Receiving reports from members regarding actions which violate transaction safety, other related laws and take actions to sort out it.
3) Members should respond to the controlling performed by Customer Support Center in a proactive manner based on good faith.
Exemption
1) Every procedures regarding registration of copy right and its related conflict occur during transaction of sound source processed between members should be performed by the related purchaser and seller. The company does not take part in such procedure and take any responsibility.
2) The company does not take responsibility for disadvantage of the member or third parties as the services are not provided temporally according to the reasons stated in the 2nd item of the 12th clause (service inclusive and its termination).
3) The company does not take responsibility for termination or restriction in services caused by the reasons stated in the 3rd item of the 12th clause (service inclusive and its termination) as the reasons are force majeure.
4) The company does not take responsibility for service drawback if it is caused by the member’s imputation.
5) The company does not take any responsibility for damage on the member occurs as he/she provide or leak his/her personal information to the others.
6) The company does not intervene transactions between the other companies advertized on banner or link and members and does not take responsibility for problems related to the transaction.
7)The company does not guarantee information on suitability and artistry of sound source, which is shown on the service page, uploaded by the seller or third party. The related member or third party should be in charge of transaction related to this entirely.
8) The company can delete or modify the information on the sound source if requested by the right-holder based on proper reason and the seller cannot claim for the damages to the company.
9) The company does not take responsibility for modification and suspending part or entire services according to the 1st item of the 30th clause.
Governing Law and Competent Court
1) The law of the place (Korea), in which the server is located, is applied to this terms & conditions, services contract between the company and its member and transaction of sound source between members.
2) If litigation is requested for conflict between the company and its user, the court of the nation (Seoul Central District Court), in which the server is located, is to be the court of firts instance
Boilerplate Provisions
1) The company can modify or suspend part or entire parts of particular service and function temporally or abidingly after notifying on the website in advance.
2) Each party cannot transfer right and duty stated in this terms & conditions to third party or withdraw it without each other’s agreement through document.
3) Additional contract, agreement, notification, which are made through agreement between related parties in regard to this terms & conditions, changes in policy amendment of legislation, notification or guideline from public organization which are posted on website of eMUSICMARKET become part of service contract.
4) The company establishes and operates Customer Support Center to converge complaints from its customers and proper claim which can occur while the purchaser and seller are using services, to sort out the problem and controlling conflicts between them. The company shall cope with various complaints and opinions from members promptly if the matters are found to be reasonable. If it is hard to sort out the problem promptly, the company shall notify the members with the reason for pending in the processes and suspense date through e-mail or phone.
Additional Clauses
(the date of activation) this terms & conditions is to be activated from 3rd September, 2012.
