Terms of Service


Article 1 (Purpose)
The terms of service, in connection with the use of the TopG service provided by UBIGWORLD (hereinafter called “the Company”), aim to stipulate the Company and the member’s rights, obligations, responsibilities and other issues.

Article 2 (Definition)
The terms used in the terms of service are defined as follows.
① “Service” refers to the TopG messenger service that a “member” is allowed to use through devices (such as PC, TV, mobile communication, portable device and other wired and wireless gadgets).
② "Member" refers to a customer who accesses the Company’s “service,” signs the agreement on service use with the “Company” in accordance with the terms of service and uses the “service” provided by the “Company.”
③ "Paid service" refers to the service in general that the Company is paid to provide, which includes a variety of online digital content (various information content, VOD, item and other paid content) and/or services.
④ “Posting” refers to information in the form of writing, photos and videos, files and links delivered in the form of signs, letters, sound, screen and video that a “member” posts on the “service” while using the “service.”

Article 3 (Announcement of the terms of service and revision)
① The Company shall post the terms of service on the introduction page of http://topg.ubigworld.com (hereinafter called “the website”) so that all members may easily be informed of the terms of service.
② The Company is allowed to revise the terms of service, but shall not violate any laws related to the terms of service such as the Regulation of Standardized Contracts Act and the Act on the Promotion of Information and Communications Network Utilization and Information Protection (hereinafter called “Information and Communication Network Law”).
③ In the event that the Company revises the terms of service, the Company shall announce when the revision takes effect and the reason why the revision has to be introduced, together with the existing terms of service for comparison, in accordance with Paragraph 1, for 14 straight days until the day immediately prior to the first effective date. If the revised terms are found to be disadvantageous to the members, however, the announcement shall be posted for 30 consecutive days until the first effective date. In addition, e-tools such as email, messages and pop-up windows at the point of log-in shall be used to notify members of the revision.
④ If a member does not express opposition to the revision, despite having received the announcement or notification from the Company that any failure to express opposition to the revision from the notification day to the first effective day indicates the member’s consent to the revision, this shall be regarded as indicating the member’s agreement with the revised terms.
⑤ If a member refuses to accept the application of the revised terms, the Company shall not apply the revised terms. In such a case, the member will be allowed to cancel the agreement on service use. If any particular situation exists that does not allow the application of the existing terms, the Company shall be allowed to cancel the agreement on service use.

Article 4 (Interpretation of the terms of service)
① For paid service and individual service, the Company is allowed to prepare a separate terms of service and policy (hereinafter called “terms of paid service”). If the terms of paid service are inconsistent with the terms of service, the terms of paid service shall take precedence.
② For issues and interpretations not stipulated by the terms of service, the terms of paid service and other relevant laws or commercial practices shall serve as the basis.

Article 5 (Establishment of agreement on service use)
① The agreement on service use shall be established only after the potential member (hereinafter “applicant”) agrees with the terms of service in starting the service client, enters a user birth and local(city), asks for membership and obtains approval for the requested membership from the “Company.”
② In principle, the Company approves of all applications for service use. In any of the following circumstances, however, the Company may refuse to give approval or may cancel the agreement.
1. If the applicant has ever lost membership in accordance with the terms of service (exception: if the applicant gains approval from the Company for renewal of his/her membership)
2. If the applicant is found to use another person’s name
3. If the applicant is found to have falsified information, or has failed to provide information that the “Company” asks him or her to submit
4. If a child under 14 has failed to obtain approval of his or her legal proxy (parents)
5. If the Company finds it impossible to give approval due to conditions for which the applicant is held responsible, or if the applicant seeks approval despite having violated relevant stipulations
③ If the application is made according to Paragraph 1, the Company is allowed to ask for confirmation of real name or ID certification through a specialist institution. This depends on the status of the member.
④ When the Company is lacking service facilities or finds some problem with technology or business, it may suspend the approval of new memberships.
⑤ If the Company refuses to give approval or has suspended approvals based on Paragraphs 2 and 4, the Company shall notify the applicant of such fact, in principle.
⑥ The Company is allowed to rank members based on the policy by classifying time, frequency and service menu.
⑦ The Company is allowed to restrict the service use based on grade and age in accordance with the Promotion of the Motion Pictures and Video Products Act and the Juvenile Protection Act.

Article 6 (Provision of “service”)
① The Company provides services, which are described as follows.
1. Internet mobile messenger service
2. Social network service (SNS)
3. All of kinds of additional services developed by other companies or provided to members through alliances with other companies
② The Company is allowed to categorize the services and separately assign available time by category. In that case, the Company shall announce the specifics of such in advance.
③ When the Company justifiably cannot afford to provide service due to regular maintenance of computers and other IT facilities, replacement or malfunction, disruption or any other problems, the Company may decide to halt the provision of “service.” In such case, the Company shall notify members in accordance with the procedure stipulated in Article 9 “Notification to Members.” When it is not feasible for the “Company” to give prior notification, however, the Company is allowed to do it after the fact.
④ The Company may carry out regular inspections if it is deemed necessary for the smooth provision of service.

Article 7 (Change in member information)
① Members may read and change their information at any time through “My Profile,” with the exception of the device identification number (device ID or IMEI) necessary for service management, telephone number and ID that are not allowed to be changed.
② If there is any change in the information a member provides at the time of membership application, the member shall change the details online or notify the Company of the change by e-mail or by other means.
③ If a member is disadvantaged due to his or her failure to notify the company of a change in personal information as cited in paragraph 2, the Company shall not be held accountable.

Article 8 (Member’s obligation to take care of ID)
① A “member” must responsibly take care of his or her ID, and shall not allow it to be misused by a 3rd party.
② If there are concerns that a member’s ID may be used to leak personal information, is inconsistent with social norms or customary practices or may be mistaken for the Company or the Company’s management, the Company is allowed to restrict the use of the ID.
③ If a member finds that his or her ID has been misused or stolen by a 3rd party, the member shall immediately report the fact to the Company, and then comply with the Company’s related requests.
④ Company shall not be held responsible for any inconvenience occurring as a result of the member’s neglect to report the ID theft mentioned in paragraph 3 to the Company, or the member’s failure to comply with the Company’s request following the report of ID theft.

Article 9 (Notifications to members)
① If the Company needs to give notifications to members, the Company may choose to use e-mail and push within the range of service unless a stipulation otherwise is found.
② For notifications given to all members, the Company is allowed to post the notification on the Company’s website or megaphone PM(Private Message) within the range of service for more than seven days.

Article 10 (The Company’s obligation)
① The Company shall not engage in any activity that is banned by the terms of service and relevant laws, nor shall it violate any general business practices. The Company shall strive to stably provide the service on a steady basis.
② The Company shall implement a privacy (credit information) policy, in order to help members to safely use the service. To this end, the Company shall announce and comply with the privacy policy.

Article 11 (Member’s obligations)
① Members shall not engage in any of the following activities.
1. Registering false information during application or change of membership profile information
2. Theft of another person’s information
3. Altering information posted by the Company
4. Collecting another member’s personal information or account information
5. Posting advertising information for profit without the prior consent of the Company
6. Replicating, dismantling, imitating or disfiguring the service through such processes as reverse engineering, decompiling and disassembling
7. Disrupting the Company’s service through the improper use of the service involving an automatic access program, to overload the Company’s server
8. Granting the access right to a 3rd party
9. Infringing the copyright and intellectual property right of the Company and/or a 3rd party
10. Tarnishing the Company and/or a 3rd Party’s reputation, or interrupting the Company’s business activity
11. Publicizing or posting irrelevant information such as obscene language or violent messages, video or sound
12. Using the service for profit without the consent of the Company
13. Other illegal or unjustifiable behavior
② Members shall comply with the publicized precautions and notifications in relation to the relevant law, terms of service, guideline and service, and shall not interrupt the Company’s business.

Article 12 (Change in service)
① If the Company finds it difficult to smoothly provide the service because of a significant decrease in the number of hits, worsening profitability, a rising demand for a shift to a next-generation service following a technological advance, change in corporate policy or location information business related to the provision of the service, problems with overall and legal conditions of the Company and others, the Company is allowed to change, stop or terminate some or all of the service that has been sustained due to operational and technological needs.
② The Company is allowed to change, stop and change some or all of the service that has been provided free of charge when required by policy and operational needs. In such a case, the Company is not required to pay compensation to the members unless stipulated otherwise in the relevant terms.

Article 13 (Provision of information and posting of ads)
① The Company may post ads promoting the service through the TopG service screen, TopG messages and the website.

Article 14 (Copyright of posted writings)
① For postings uploaded by the Company, the Company shall hold copyright and intellectual property rights.
② Members shall allow the Company to use their postings on the service domestically and abroad for the purposes described below.
1. When the Company decides to change postings in size or to a more simplified form to put them to use on the service (including when service is provided after the Company enters the 3rd party’s website or certain areas of the media)
2. When the Company decides to replicate, transmit and display the postings in its other websites.
3. When the Company decides to broadcast and air postings in order to promote the Company’s service through media or communicators.
③ If a member uploads a posting to the service, this shall mean that other members are allowed to use the posting on the service or that the Company is allowed to use it as the result of search.
④ If a member cancels the agreement on the service use or the agreement is canceled under Article 27, the postings that the member posted on the service shall be deleted. Postings uploaded to the public service or available for the use of service by other members may not be deleted. As such, members are recommended to delete these postings before canceling the membership.

Article 15 (Management of postings)
① When a member’s postings contain material infringing the Information Communication Network Act and the Copyright Law, the party concerned is allowed to request the suspension or deletion of the postings in accordance with the procedure stipulated in the relevant law. The Company, meanwhile, shall take actions in accordance with the relevant law.
② Even when the party concerned makes no request based on the previous paragraph, tentative actions shall be taken when any act of rights infringement is found or when corporate policy or relevant law is breached.

Article 16 (Assignment of rights)
① The copyright and intellectual property rights to the service shall be held by the Company, except for members’ postings and writings provided in accordance with the partnership contract.
② The copyright and intellectual property right to the design of the service provided by the Company, text developed by the Company, script, graphic and transmission feature shared among members, all kinds of trademarks of the service provided by the Company, service marks and logo shall belong to, be used and possessed by the Company based on the laws of the ROK and other countries.
③ The terms of service do not entitle the members to ownership of the service and copyright of the writings. Thus, the members shall seek approval from the Company for the service use. Members are allowed to use the service only for the purpose of obtaining information or personal purposes.
④ Members are not allowed to use, replicate and distribute member information gained through the use of service for commercial purposes other than the purposes explicitly stipulated. In addition, members are not allowed to replicate and distribute texts, scripts and graphics using a transmission feature shared among the members.
⑤ The Company, in relation to the service, grants members a user account, ID and content based on specified conditions. Members shall not transfer, sell or mortgage these.

Article 17 (Termination and cancellation of the agreement)
① in case of the uninstallation of TopG application, it is considered a withdrawal from TopG (the cancellation of the agreement with TopG)
② in case that a member cancels the agreement with TopG, the personal information of him will be deleted after some hours. However the private messages exchanging with a partner will never be deleted. If you delete them all, you have to request the partner to do first.
③ after canceling the agreement with TopG, the existing basic information is impossible to revive.
④ TopG is able to hold the personal information of the very member for the days stated in the privacy policy.

Article 18 (Restricted use)
② When a member breaches the obligations stipulated in the terms of service or interrupts the operation of the service, the Company is allowed to progressively restrict the member’s service use by imposing a warning, suspension and a permanent suspension order.
② If a member is found to commit ID, payment and telephone number theft in violation of the Citizen Registration Act, to provide illegal program and interrupt business operation in breach of the Computer Program Protection Act and the Copyright Act, to perpetrate illegal communication and hacking in infringement of the Information and Communication Network Act, to distribute malicious software and to exceed the given access right, the Company is allowed to impose a permanent suspension order without taking any of the steps described above. Once the permanent suspension order is placed, every benefit that followed the service use will be void. The Company shall not be held responsible for any resulting damages.
③ If a member does not log on for more than three months in a row, the Company is allowed to restrict the member’s service use to protect member information and promote operational efficiency.
④ The details and conditions of the restriction shall be based on the Company’s service use restriction policy.
⑤ If the Company decides to restrict service use or cancel the agreement, the Company shall notify the member in compliance with Article 9 regarding notifications given to members.
⑥ A member may appeal the Company’s decision to restrict service use by following the steps specified by the Company in relation to the restriction of the service use. If the Company acknowledges that the appeal raised is justifiable, the Company shall immediately allow the member to restart the service use.

Article 19 (Restriction of accountability)
① If the Company can’t afford to provide service due to natural disaster or other inevitable reasons, the Company shall be exempt from the accountability for the failure to provide the service.
② The Company shall not be held accountable for a disruption of service that is due to a member’s mistake.
③ The Company shall not be held responsible for the reliability and accuracy of information, data and facts posted by members in relation to the service.
④ The Company shall be exempt from responsibility for transactions that occur among members or between members and a 3rd party.
⑤ The Company shall not be held accountable for the use of free-of-charge service unless the relevant law stipulates otherwise.
⑥ The Company has no obligation to monitor the details and quality of products promoted by a 3rd party through the screen or linked website on the service, nor shall it be held accountable for them.
⑦ The Company, the management and the agencies shall not be held responsible for any loss caused by any of the following conditions.
1. Loss caused by falsified or inaccurate member information
2. Loss caused by disrupted access to service and service use, whatever the nature and the background is
3. Loss caused by a 3rd party’s illegal access to service or unauthorized use of the server
4. Loss caused by a 3rd party’s move to interrupt or suspend the transmission to and from the server
5. Loss caused by any kind of virus, spyware and other malicious software that a 3rd party illegally transmits and distributes using the service
6. Loss caused by any error, skip, omission and destruction of transmitted data
7. Loss caused any civil and criminal lawsuits related to libel and other illegal acts committed in the course of registering member information and using the service

Article 20 (Service use in overseas countries)
The Company provides the service through servers installed in the Republic of Korea. The Company is not allowed to guarantee service quality or availability for members who want to use the service outside of the ROK. Thus, members who want to use the service outside of the ROK shall determine whether to use the service based on their own discretion and responsibility. In particular, the members shall be aware that they must use the service in compliance with local laws.

Article 21 (The Company’s contact point)
The Company’s corporate title, Business Registration Number, Email and other contact points are described as follows.
1. title: UBIGWORLD
2. Business Registration Number: 609-23-92188
2. Email: topg.developer@gmail.com

Article 22(Governing law and jurisdiction)
① Any legal dispute between the Company and its members shall be settled based on ROK law.
② Any legal dispute between the Company and a member shall be decided by the court with civil jurisdiction.

Appendix
1. Announcement and effective date are described as follows.
Announcement date: October 29th 2014
Effective date: November 15st 2014

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