Chapter 1 General Provisions
Article 1 (Purpose)
These Terms and Conditions are to stipulate the rights, duties, responsibilities and procedures for using the service between the company and its members in connection with the sale and service of Neighboring Rights and services and other information services (hereinafter referred to as "Service") provided by the website (https://www.wextwon.com, hereinafter referred to as "Website") operated by Levoist Co., Ltd. (hereinafter referred to as the "Company")
Article 2 (Definition of Terms)
1. "Website" refers to a virtual business or Service space that the Company has set up to trade property rights using computers and other information and communication facilities to provide Service to the members, and the above Website (https://www.wextwon.com) where the Service can be provided using the member account (ID and password). It is also used as the meaning of the operator who operates the Website.
2. “Services” refers to all the services provided by the Company that users can use in accordance with this Terms and Conditions through the Website.
3. "User" refers to members and non-members who access the Website and enjoy the Service provided by the Company in accordance with these Terms.
4. “Member” refers to a person who accesses the Website, enters into a contract with the Company in accordance with these terms, and uses the Service on the Website operated by the Company.
5. "Non-member" refers to customers who do not sign up for membership and who use limited services provided by the Company on the Website.
6. "Neighboring Rights" refers to the right of a person (performer, record producer, broadcasting Service provider, etc.) who mediate the work for public enjoyment, and among the Neighboring Rights, the rights of the record producer (hereinafter "Neighboring Rights") shall receive compensation for for those who use copyrighted works in accordance with the copyrights, distribution rights, rental rights, and transmission rights of the record. The Company divides the record producers’ rights of the Neighboring Rights by the Company and sells them to the members on the Website.
7. "Consignor of Neighboring Rights Management" refers to a corporation or organization that is commissioned by the Company for settlement of Neighbor Rights Compensation and brokerage of Neighboring Rights transactions.
8. "Neighboring Rights Compensation" refers to the amount that the distributor should pay to the record producer after deducting the distribution commission of the distributor from the sales of the records producer's works, etc. as fees for the use of the works received by the record producer (hereinafter “Distributor”).
9. "Project" refers to a Service that sells Neighboring Rights by frame, etc. in the space provided by the Website or Company regarding the work to be produced.
10. “Frame” refers to the unit of purchase of the divided Neighboring Rights when the Company divides the Neighboring Rights to the work through the project and sells them to the members.
11. Points" means the Member's sale of the divided Neighboring Rights on a frame-by-frame basis and for the purpose of purchasing goods on the Website or for the distribution of the Neighbor Rights Compensation to Members who have purchased the Frame by the Company. The amount of cash (KRW) deposited with the Company, as defined by the Terms and Conditions, the individual terms and conditions (if applicable) and the User Agreement, is converted into the unit set in the Online Wallet (Function), provided by the Company, where 1 point is equivalent to 1 won. Points can be withdrawn only after more than 20,000 points, and the member shall pay all expenses incurred when making withdrawals.
12. Any terms used in this Terms and Conditions that are not specified in Article 2 shall be governed by the related statutes and by the Service Notice, other than by general practice.
Article 3 (Posting and Amendment of Terms and Conditions)
1. The Company posts the contents of these terms and conditions on the initial screen of the Service so that the members can easily understand them. However, the contents of the terms and conditions can be viewed through the connection screen.
2. The Company can revise these terms and conditions to the extent that they do not violate the relevant laws, such as the Act on Regulation of Terms and Conditions, the Act on Promotion of Information and Communication Network Utilization and Information Protection (hereinafter "Information and Communications Network Act").
3. If the Company revises the terms and conditions, it becomes effective by specifying the application date and reason for the revision and notifying the current terms and conditions seven days prior to the application date according to the method in paragraph 1. However, if the terms and conditions are changed in a disadvantageous manner to the members, the notice shall be made with a grace period of at least 30 days. In such a case, the Company clearly compares the contents before and after the amendment so that the members can understand it.
4. If the Company notifies or notifies the amendment terms in accordance with the previous paragraph and the member does not express his or her intention to reject it, the member shall appear to have agreed to the amendment terms.
5. If the member does not agree to the application of the revised terms, the Company cannot apply the contents of the revised terms and conditions. In this case, the member can cancel the Service contract. However, the Company may terminate the Service contract in the event of special circumstances in which the existing terms and conditions cannot be applied. In such a case, the Company shall notify the members in the manner specified in Article 17 (Notification to Members).
6. These terms and conditions are the basic agreement between the Company and its members. If necessary, the Company can decide what is to be applied to a particular Service (hereinafter "Individual Terms and Conditions") and notify them in advance. When a member agrees to this Individual Terms and Conditions and uses certain services, Individual Terms and Conditions are applied first, and these terms and conditions have supplementary effect.Paragraphs 3 and 4 above are applied unless the Individual Terms and Conditions stipulate otherwise. The agreement (hereinafter "Agreement") requested during the application process when purchasing or selling Neighboring Rights divided by the website shall be regarded as Individual Terms and Conditions.
Article 4 (Relation with Relevant Laws)
1. Matters not specified in this Terms and Conditions or the General Terms and Conditions shall be governed by the provisions of the Telecommunications Business Act, the Electronic Documents and the Electronic Transactions Act, the Information and Communication Network Act, the Consumer Protection Act in Electronic Commerce, Copyright Act, etc.
2. In using and providing this Service, the Company and its members shall comply with the relevant statutes, such as the Act on Consumer Protection in Electronic Commerce, the Basic Act on Electronic Documents and Electronic Trade, the Consumer Self-Basic Act, the Act on the Fairness of Indicators and Advertisements, the Information and Communication Network Act, and the Copyright Act.
Chapter 2 Use of Service
Article 5 (Signing of Use Agreement)
1. The Use Agreement is signed by the person who wants to become a member (hereinafter "Subscriber") who agrees to the terms and conditions, applies for membership, and the Company approves such application.
2. In principle, the Company accepts the Service use for the application of the Subscriber. However, the Company may not accept any of the following applications or cancel the Service contract afterwards.
① Exceptions are made when the Subscriber for membership has previously lost his or her membership under this Terms and Conditions, or if the Subscriber has obtained the approval to re-enroll as a member of the Company.
② In case of non-real name or using another person's name
③ In case false information is recorded or the Company does not provide the information.
④ In case approval is not possible due to the reasons attributable to the member or if the application is applied in violation of all other matters prescribed
⑤ In case the age is less than 14 years old when applying for membership
3. In the application pursuant to paragraph 1, the Company may request real name verification and identification through a specialized agency, depending on the type of member.
4. The Company may withhold approval if there is no room for Service-related facilities, technical or business problems.
5. In the event that a member registration application has not been approved or withheld pursuant to paragraphs 2 and 4, the Company shall inform the Subscriber in principle.
6. The period of the establishment of the Service contract shall be the moment when the Company shows completion of the subscription in the application procedure.
7. The members are classified as individual and corporate members. According to the Company's policy, the members can be classified by class and divided into scope and benefits of Service, or collection of Service fees.
Article 6 (Provision and Suspension of Service and Others)
1. The Company provides the following Service to the members:
① Divided selling rights of record producers (hereinafter “Neighboring Rights”), selling MD products and providing information, and Neighboring Rights transaction Services between members through transaction platform for the Consignor of Neighboring Rights Management (hereinafter “Platform Service”)
i. The Company subdivides the copyright of the works to be produced by the Company at a rate prescribed by the Company, and sells them to the members at a certain purchase unit (“frame”) as provided under these terms and conditions and the Service contract, and collects and distributes the compensation for copyrights that are normally settled by the Distributor or others in connection with the copyrights. However, for compensation for copyrights (unallocated due to legal disputes, absence of settlement information, and delay of confirmation period), which are difficult to predict settlement due to abnormal reasons and irregular distribution cycles, the Company can determine the timing of provision of the industrial, Service, and usage/proactive calculation based on the judgment of the Company based on the timing of compensation for copyrights.
ii. Since the Neighboring Rights acquired by the member are divided and sold to the member at a rate set by the Company, the Neighboring Rights itself (all rights of the Neighboring Rights, such as reproduction, sale, distribution, transmission, broadcasting and loan) is entrusted to the Company or the Consignor of Neighboring Rights designated by the Company, and members can purchase Neighboring Rights as specified in this Terms and Conditions if they agree on settling the Neighboring Rights fee and entrusting other whole rights(all rights of reproduction, sale, distribution, transmission, broadcasting, rental, etc.) to the Company or the Consignor of Neighboring Rights designated by the Company.
iii. In order for a member to obtain a split Neighboring Rights, he/she must apply for purchase through this Website or Platform Service and read and understand in advance the contents, characteristics, procedures and methods of each Neighboring Rights that the Company publishes and publishes to the Website for the sale of Neighboring Rights.
iv. The Company shall collect the Neighboring Rights compensation and settle and distribute it to the members who have obtained the split Neighboring Rights. The member shall entrust all matters concerning the settlement and distribution of money according to the Neighboring Rights to the Company or to the Consignor of Neighboring Rights designated by the Company. The member shall not claim or demand settlement of the Neighboring Rights compensation directly from the Distributor or from those who use the copyright.
v. The Company distributes the Neighboring Rights compensation to the purchasing members by settling it through the Neighboring Rights management delegation, which is incurred until the period during which the right exists under the Copyright Act.
vi. Consignor of Neighboring Rights Management shall settle and distribute the Neighboring Rights compensation to the members at the end of the following month based on Korean time. Compensation shall be paid by 'point' in the Website. The settlement is based on inclusion of the initial date (buy date) and on exclusion of the end date (sale date).
vii. Please be sure to refer to the agreement at the time of purchase for details of settlement and distribution.
viii. Partitioned Neighboring Rights purchased by members from the Company may be transferred to other members through the Company's mediation in the Platform Services of Consignor of Neighboring Rights. However, the transfer of Neighboring Rights is not allowed by other means outside the Platform Service. The Company shall not assume any obligation or responsibility for any problems arising from the transfer.
ix. The Company can set up and import wallet functions in a reasonable and appropriate way for Platform Services. Accordingly, the Company can have the members save (charge) points in the wallet of the member's name, and the split Neighboring Rights can be purchased through various payment methods, such as points, credit cards, and account transfers. However, setting (operating) the function of wallet is the Company's sole discretion. The member shall not ask the Company to set (operate) the function of wallet. Meanwhile, the establishment and operation of the point conversion and wallet storage function of cash (KRW) is designed to enhance the convenience of members' Neighboring Rights transactions and create a smooth transaction ecosystem. The charging and storage of points is of the same nature as the cash (KRW) forecast, and does not constitute electronic money, prepaid electronic payment means or other electronic payment means under the Electronic Financial Transaction Act. The members shall not use the points except for the purpose of using the Website, such as the split Neighboring Rights transaction or the use of the Service on the Website, and shall not transfer the points to others.
② Other Services: In addition to the Company's Platform Services, all other Services, such as PR Services, MD Services, etc., provided through the Company's Website.
2. The members can use the Service provided by the Company through ID and password. Using this Service, they can purchase the split Neighboring Rights.
3. The Member understands that the divided Neighboring Rights corresponding to the other shares of the copyrighted work acquired by the Member are subject to free trade and cannot raise any objection to this.
4. In the event that a member purchases or sells a split Neighboring Rights through the platform of the Platform Service and the Consignor of Neighboring Rights designated by the Company, the transaction must be completed through the exchange Platform Service prepared by the Company. The Company shall not assume any obligation or liability for any damages caused in violation of the law.
5. The Company shall not be responsible for any problems caused by direct transactions between the members without the Company's brokering.
6. The Company may temporarily suspend the Service provision in the event of repair inspection, replacement and failure of information and communication facilities, communication disruptions, or significant operational reasons. In such a case, the Company shall notify the members in the manner specified in Article 17 (Notification to Members). However, in the event that the Company cannot notify the Company in advance, the Company may notify the Company afterwards.
7. Company may conduct regular inspections if necessary for providing the Service. The period of the regular inspection shall follow the notice on the Service page.
Article 7 (Cancel/Refund/Return/Exchange)
1. Neighboring Rights for members to purchase on the Website are online products, and the products are deemed to be delivered completely in case that the condition of a project is fulfilled, and their purchase history is available on the Website.
2. Member shall return gifts or products provided by the Company in the event of cancel, refund, return, and exchange.
3. General matters concerning cancel, refund, return, and exchange shall be in accordance with relevant laws and regulations, including the Act on Consumer Protection in Electronic Commerce.
- However, in each of the following cases, the Member shall not request cancel, refund, return, and exchange.
① In case the packaging of a gift or goods provided by the Company is opened
② In case the contents of gifts or goods provided by the Company are damaged
③ In case the value of gifts or goods provided by the Company decreased significantly;
④ In case it is not possible to return normally the gifts or goods provided by the Company
⑤ In case there are other legitimate reasons
4. Fees, expenses, and procedures for cancellation/refund/return/exchange shall be based on the following criteria:
① Cancellation/Refund Charge
i. Before completing the project: 0%
ii. Within 7 days of completing the project: 30% (PG Fee + Management Fee)
iii. Eight days after completing the project: Nonrefundable
-However, it is possible to sell between Members in the event of trading at the copyright neighboring exchange arranged by the company.
② Refund/ Return / Exchange Process
i. Register in Customer Center or 1 on 1 inquiry
ii. Temporarily suspend rights of online products (i.e. neighboring rights)
iii. Return the gift or the goods provided the company
iv. Exchange or refund in accordance with corporate standards after checking out the condition of the returned gift or goods
③ Shipping Cost for Exchange / Refund
i. The shipping cost shall be charged to the Member in case of change of mind or Member’s negligence.
ii. Company pays for the shipping cost in case of Company's negligence
5. The return payment fee for cancellation / refund will be based on the following criteria.
① For credit card, approval is cancelled basically on the day of request, and its return may be subject to each credit card company.
② For transfer without a bank account, approval is basically cancelled within two days from the day of request.
③ For real-time payment and virtual account, approval is cancelled basically on the day of request.
Article 8 (Change of Service)
1. The Company may change all or some of the Services it is providing in accordance with its operational and technical needs when there is considerable reason.
2. The Company notifies the members of the changed Service in the manner specified in Article 17 (Notification to Members) when the Service is changed.
3. The Company may modify, suspend or change some or all of the Services provided in accordance with the Company's policy and operation needs, and the Company shall not make any separate compensation to the members unless they are intentionally or seriously culpable.
Article 9 (Service Agreement about Cancellation, Termination and Others)
1. The member may apply for cancellation of the Service contract at any time through the information management menu of the Service initialization face, and the Company shall deal with the Service contract immediately as provided under the relevant laws and other laws.
3. If a member who purchases and holds a split Neighboring Rights withdraws from the Website, he understands and agrees that all rights to the Neighboring Rights are still entrusted to the Company or Consignor of Neighboring Rights.
4. Since points within the Website cannot be used after membership withdrawal, members holding Neighboring Rights must request settlement with the Company separately after withdrawal and settlement can be made from 20,000 KRW. However, the member shall pay all other expenses incurred for settlement.
Article 10 (Restriction and Others)
1. In the event that the user violates the obligations of these terms and conditions or interferes with the normal operation of the Service, the Company can gradually restrict the Service use by warning, pause, or permanent suspension.
2. Notwithstanding the previous paragraph, the Company can immediately suspend the use of names in violation of the Resident Registration Act, illegal communication and hacking in violation of the Information and Communication Network Act, distribution of malicious programs, excess of access authority, etc. The Company shall not compensate for any disadvantages under the permanent suspension under this section.
3. In the event that the member continues to fail to log in for more than three months, the Company may restrict the use of the membership information for the protection and efficiency of the operation of the membership information.
4. The Company shall follow the conditions and details of the restriction within the scope of this section in accordance with the usage restriction policy and the operation policy for individual Services.
5. Authorized access rights for members restricted in accordance with paragraphs 1 and 2 of this section may be transferred to the Company at the same price as the original purchase price. The member shall pay the fee (deductible from the payment). The Company shall not take any responsibility for any problems such as settlement and payment of future gold sources and resale of Neighboring Rightsed access rights that may arise as members who are restricted in accordance with paragraphs 1 and 2 of this section hold their Neighboring Rights at the time of restriction.
6. In the event that the Service use is restricted or the contract is terminated in accordance with this section, the Company shall notify the members in the manner specified in Article 17 (Notification to Members).
7. The member may file an objection to the use restriction pursuant to this section in accordance with the procedures set by the Company. If the Company acknowledges that the objection is justifiable, the Company will immediately resume the Service use.
Chapter 3 Protection for Membership Information
Article 11 (Change of Membership Information)
1. he members can access and modify their personal information at any time through the personal information management screen. However, it is not possible to modify the real name and ID (including email) required for Service management.
2. Members shall make corrections online or notify the Company of the changes by e-mail or other method if any changes made in the membership application are changed.
3. The Company shall not be liable for any disadvantages caused by not informing the Company of the changes in paragraph 2.
Article 12 (Obligation to Protect Personal Information)
2. The Company collects minimum personal information to the extent necessary to provide Services when collecting personal information of members.
3. The Company obtains the consent of the member when collecting or using the member's personal information or providing it to a third party. After the Company receives the consent of the member, the member who purchased the Neighboring Rights can smoothly access the Neighboring Rights management trustee designated by the Company for the use of the Neighboring Rights trading Platform Service of the Neighboring Rights management trustee and settlement of the Neighboring Rights compensation. Can provide
4. If the Company obtains the consent of the member in accordance with paragraph 3, the Company shall collect matters related to the collection and use of personal information (the purpose of collection and use, the items of personal information to be collected, the period of retention and use of personal information, etc.); The details of the provision of the third party's provision of the personal information (the recipient, the purpose of use of the recipient, the items of personal information provided, the retention and use period of the recipient), etc. shall be specified or notified in advance.
5. A member may withdraw his consent at any time, even if he or she consents to it under paragraph 3.
6. Members can request to read and correct their personal information at any time, and the Company is obliged to take necessary measures without delay. If the member requests correction of the error, the Company will not use the personal information until the error is corrected.
7. In principle, the Company shall destroy the personal information of the member without delay when the purpose of collecting and using personal information is achieved.
① If the Service use contract is terminated due to the member's withdrawal application, etc., the Company shall use the ID for one year after the termination of the use contract only when it is deemed appropriate for the protection of the buyer and prevention of random termination to intentionally circumvent the limitations set out in this agreement. (Including email), name or trade name, contact details, transaction details, and data on violation of terms and conditions.
② For members whose Service contract has been terminated by the Company or who have received a restriction on Service use, the minimum necessary information, such as ID (including e-mail), name or contact number, address, termination and membership permit, shall be kept for one year after receiving the Service contract termination or restriction measure for the purpose of verifying the reason for refusal to accept the Service contract.
③ If the retention period is specified when receiving the consent for the collection of other information, the membership information will be kept until the retention period.
8. The Company will notify the Website (www.wextown.com) of the personal information processing policy regarding the protection and processing of the member's personal information so that the member and the person who wants to use the Service of the Company can know.
9. Member's personal information shall be retained by the Company after the member's agreement on a biennial basis. In the event that the members do not rejoin or request membership withdrawal, the Company shall immediately destroy the members' personal information if it does not fall under paragraph 7 above.
Article 13 (Requirement for Management of Membership ID (including e-mail) and Password
1. The member shall be responsible for the management of the member's ID and password. This shall not be used by a third party.
2. The Company may restrict the member's use of the ID in the event that the member's ID is feared to be personal information leakage, anti-social or unsophisticated, or may be mistaken for the Company and the Company's operator.
3. If the member recognizes that the ID and password have been stolen or used by a third party, the member shall immediately notify the Company and follow the Company's instructions.
4. In the case of paragraph 3, the Company shall not be held liable for any disadvantages arising out of failure to notify the Company or follow the Company's instructions even if the member does not notify the Company.
Chapter 4 Company and Membership Responsibilities
Article 14 (Obligation of Company)
1. The Company does not prohibit any acts contrary to the related laws and regulations and the customs and morals, and endeavors to provide Services continuously and stably as provided in this Terms and Conditions.
3. The Company shall have the necessary personnel and systems to properly handle the complaints or damages requests of members arising from the use of the Service.
4. The Company shall deal with any opinions or complaints raised by members related to the use of the Service that are justified. For opinions and complaints raised by members, the bulletin board or e-mail will be sent to the members for the process and results.
Article 15 (Obligation of Member)
1. Members shall not do the following acts.
① Registration of false information upon request or change
② Stolen information from others
③ Change of information posted by the Company
④ Sending or posting information (computer programs, etc.) other than the information specified by the Company
⑤ Infringement of intellectual property rights, such as copyright of the company or other third parties
⑥ Impairs the reputation of the company or other third parties or interferes with business
⑦ Disclosure or posting of information against the obscene or violent message, video, voice, or other public or public law on the Website
⑧ Other illegal or unfair acts
2. Members shall abide by related laws, regulations of this agreement, notices related to usage guide and Services, and notices from the Company, and shall not do anything that interferes with the business of the Company.
Chapter 5 Others
Article 16 (About Service Fee)
1. The Company may collect various usage fees to the members in connection with the use of the Service.
2. The Company may, at its discretion, add or abolish the fee and change the fee, and if it is amended, specify the date of application and the reason for the revision and post it on the Website screen from 30 days before the date of application to the date of application. The member will be notified by other means.
Article 17 (Limitation of Responsibility)
1. If the Company cannot provide the Service due to natural disaster or force majeure, the Company shall be exempted from responsibility for providing the Service unless the Company's intention or negligence.
2. The Company shall not be liable for any obstacles to the use of the Service due to the user's fault, unless the Company's intention or gross negligence.
3. The Company shall not be liable for the contents of information, data, facts, reliability, accuracy, etc. posted by users in relation to the Service unless the Company intentionally or grossly negligent.
4. The Company shall not be liable for the use of the Services provided free of charge unless there is intentional or material negligence of the Company.
5. The Company shall not be liable for any loss or damage caused by the member's participation in, or communication with, or trading on the promotions or activities of the affiliates through the Service unless the Company's intention or negligence. When a member transfers to another Website through a link included in the Service, the Company shall not be held liable for the contents of the information provided on the Website and damages caused by the member unless the Company intentionally or grossly negligent.
Article 18 (Notification to Members)
1. If the Company notifies the member, it can be done by e-mail or text message provided when signing up, unless otherwise specified in this agreement.
2. The Company may substitute the notice of Paragraph 1 by posting on the initial screen of the Service for more than 7 days in the case of notice to unspecified members. However, individual notice shall be given of matters that have a significant impact on the member's own transactions.
Article 19 (Dispute Mediation and Jurisdiction)
1. Lawsuits filed between the Company and members shall be governed by the laws of the Republic of Korea.
2. The case concerning disputes arising between the Company and its members shall be the local court responsible for the location of the Company's main branch at the time of the complaint.
1. These Terms will be effective as of August 30, 2019.