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Provisions for Use of ASPA Website
PROVISIONS FOR USE Chapter 1. General Provisions Article 1. (Purpose) The purpose of this Provisions for Use (hereinafter referred to as “Provisions”) is to set forth various matters specifically concerning the use of cyber-market service (hereinafter referred to as “Cyber-market” or “Service”) provided by Asian Science Park Association (“ASPA”) and other necessary matters arising between customers (hereinafter referred to as “User”) and ASPA. Article 2. (Definitions of Terms) (1) The following terms have the following meanings when used in this Provisions: - “User” means corporate(s) or person(s) using the Service under giving its consent to this Provisions. - “Agreements for Use” means all agreements executed between ASPA and User concerning the use of the Service, including this Provisions. - “User ID” means an unique combination of letters and numbers granted to each User by ASPA under an application of User for the purpose of identifying User and the use of the Service. - “Password” means an unique combination of letters and numbers created by User and registered on ASPA for the purpose of verifying whether or not an user is User itself as identified by User ID. - “Concerned Agency” means an agency who recommends excellent companies, technologies and/or products for a company's application for cyber-market use and its use. (e.g., Kanagawa Science Park, Shinju Science Park, Peking Technology Interchange Promotion Center, etc.) - “Termination” means a termination of Agreement for Use by ASPA or User. (2) Any terms used in this Provisions which are not defined in Article 1 will have meanings as defined in relevant laws or a guidance of each Service, or otherwise follow general practices. Article 3. (Effectiveness and Amendment of Provisions for Use) (1) This Provisions will be effective upon being announced publicly through Cyber-market, agreed by User and approved by ASPA thereof, and in the event of a reasonable cause, ASPA may amend this Provisions to the extent not breaching relevant laws. Such amended provisions will be effective upon being announced publicly via Cyber-market pursuant to a due process. (2) User will confirm any amendment of this Provisions by visiting Cyber-market regularly. ASPA does not have responsibility for any damages of User arising from User's lack of information on the amended provisions. (3) If User would not agree on the amended provisions, User may request for withdrawal from (termination of) Agreement for Use. Chapter 2. Execution of Agreement for Use Article 4. (Conclusion of Agreement for Use) (1) Agreement for Use is deemed to be concluded upon User's consent of this Provisions and ASPA's and Concerned Agency's approval on User's application for use. Article 5. (Application for Use of Service ) (1) Any user who desires to subscribe for User and use the Service shall provide with various information (such as User ID, password, name, contact point, etc.) as requested by ASPA and Concerned Agency. (2) All Users are allowed to use the Service only when provided with information on Users themselves, and any user who has not registered its true information including fraudulently using other person's information or registering untrue information is not entitled to any right concerning the use of the Service and is subject to a punishment pursuant to relevant laws. (3) User shall provide with its true information, and ASPA and/or Concerned Agency may take an action to verify the information registered by User. User shall cooperate with ASPA's and/or Concerned Agency's verifying mission fully, and if User fails to do so, ASPA may deem the registered information untrue. Article 6. (Protection and Use of Personal Information) (1) ASPA and Concerned Agency will use their efforts to protect User's personal information as regulated by relevant laws. Relevant laws and the personal information handling policy of ASPA will be applicable to the protection and the use of personal information; provided that the personal information handling policy of ASPA will not be applicable to any linked site other than the official site of ASPA. Further, user shall control its password etc. carefully, not to be exposed to other persons, and ASPA will not be held responsible for any exposed information due to a cause attributable to User. (2) ASPA and Concerned Agency may provide third party with personal information of User to the extent allowed by laws in any of the following events: - If provision of information is required by an investigating agency or other government agency - If it is deemed necessary for information protection mission such as verifying User's illicit act, including User's breach of laws or this Provisions - If otherwise required by laws Article 7. (Acceptance and Restriction of Use Application) (1) If with respect to an application for use under provisions of Article 4 and Article 5 there has no trouble in terms of performance of business or technology, ASPA and Concerned Agency will give their acceptances to the use of the Service in the order of receipt thereof in principle. (2) ASPA and Concerned Agency may withhold their acceptances if User falls under any of the following cases: - If User makes an application for use not providing with its true Information - If User makes an application for use for the purpose of violation of laws or obstruct social peace and order, or good morals and manners - If User intends to use the Service for an illicit purpose - If an application for use is made by a user with respect to whom an Agreement for Use has been terminated due to its breach of laws or this Provisions - If an application for use is made breaching any other content of this Provisions (3) If an application for use falls under any of the followings, ASPA and Concerned Agency may withhold their acceptance to such application until causes for restricting their acceptance are dissolved. - If ASPA has no available facility - If there is any trouble in ASPA's technology - If the acceptance of use is otherwise deemed difficult due to a cause attributable to ASPA and/or Concerned Agency (4) ASPA and Concerned Agency may withdraw their acceptances of use if any cause under Section 2 of this Article is found after completion of User subscription process. Article 8. (Grant, Change, etc. of User ID) (1) ASPA grants User ID to User as provided in this Provisions. (2) Change of User ID is impossible in principle, and if User desires to change its ID due to an inevitable cause, User shall cancel such ID and subscribe again. (3) If User ID falls under any of the followings, such ID may be changed or suspended to use by the request of User or in virtue of ASPA's and Concerned Agency' authority as the case may be: - If User ID is registered as User's telephone number or resident registration number etc. and User's privacy is threatened to be violated - If User ID gives a disgusting feeling to others or conflicts with good morals and manners - If User ID is same with or confusingly similar to the name of ASPA, ASPA's service or service operator - If any other reasonable cause exists (5) Responsibility for control of User ID and password lies with User. Any damages to the use of the Service arising from neglect control thereof or third party's illicit use etc. are User's responsibility, and ASPA and Concerned Agencies will not be held responsible therefore. (6) Other matters concerning control or change etc. of User personal information follows as provided in a guidance of each Service. Chapter 3. Obligations of Contracting Parties Article 9. (Obligations of ASPA) (1) ASPA shall make the Service available on the commencement date for providing the Service as desired by User unless any special situation is required. (2) If the facility suffers any failure or is destructed, ASPA shall repair or restore without delay for continuous and stable service-providing unless an inevitable cause exists. (3) ASPA shall construct a security system for the protection of personal information, announce publicly and observe its policy of handling method of personal information. (4) If any opinion or complaint raised by User is deemed to be reasonable objectively, ASPA shall settle it immediately through a due process. Provided that an immediate settlement is difficult, ASPA shall inform User of such reason and its settling schedule. Article 10. (Obligations of User) (1) At the change of User information, User shall prepare all true information based on the fact, and if User registers fraudulent or other's information, User shall not be entitled to any right relating to such information. (2) User shall observe all matters stipulated in this Provisions, other various regulations provided by ASPA, matters announced publicly by ASPA and relevant laws, and User shall not do any act which may otherwise obstruct ASPA's business, defame ASPA's reputation or incur damages to others. (3) If any matters under Agreement for Use such as User's address, contact point, e-mail address, etc. are changed, User shall inform ASPA of such change via a due process immediately. (4) User shall not perform any marketing activities using the Service without ASPA's prior acceptance, and ASPA does not hold any responsibility for the result of such marketing activities. Further, if ASPA and/or Concerned Agency suffer damages due to User's such activities, User shall be obliged to indemnify ASPA and Concerned Agency, and the latter will be entitled to restrict the use of the Service and claim damages etc. via a lawful procedure against User. (5) User shall not assign, give to others, or pledge its right of use or its other status under Agreement for Use without ASPA's evincive approval. (6) User shall not do any act which may infringe various rights including ASPA's or third party's intellectual property rights, or fall under any of events mentioned in Article 16. Chapter 4. Use of Service Article 11. (Service Hours) (1) The use of Service will be operated during 24 hours per day opening throughout the year in principle unless there is any special trouble in ASPA's business or technology; provided that ASPA may discontinue to provide the Service temporarily on the date or at the hour designated by ASPA for regular inspection, increase or replacement of the system, and such temporary discontinuation of the Service due to the scheduled work will be announced publicly in advance via Cyber-market. (2) In the event of inevitable events such as emergent inspection, increase or replacement of the system, obstruction of the facility, congestion of the use of the Service, national emergent events, etc., ASPA may discontinue the Service in all or part temporarily without a prior notice. (3) If deemed necessary for operation of the Service such as reorganization of the Service etc., ASPA may discontinue the Service in all or part temporarily with giving a prior notice to User. Article 12. (Posted Materials etc. of User) (1) Posted materials mean articles, photos, various files and links, etc. posted by User using the Service. (2) Part of information provided by User will be disclosed in English at ASPA's Cyber-market after approval of a concerned authority. (2) If User incurs any damages or problems to itself or other persons due to Posted materials etc. registered at the Service, User is responsible for such event for which ASPA and Concerned Agency are not responsible unless any special situation exists. (3) ASPA and Concerned Agency may take relevant actions such as temporary discontinuation of display, revision, deletion, move or refuse of registration, etc. of Posted materials without prior consent of User, if Posted materials fall under any of the followings: - If their contents give severe insults to other User or third party, or injure reputation of others - If they disseminate or link to any content that may violate public orders and good morals and manners - If their contents may cause further illegal reproduction or hacking - If their contents are objectively deemed to be linked to a crime - If their contents infringe other rights such as copyrights etc. of other User or third party. - If ASPA judges that the contents do not meet the nature of the Service due to User's personal political or religious opinion - If they are inconsistent with a principle of Posted materials prescribed by ASPA - If they violate other relevant laws (4) If ASPA is requested by third party to discontinue the display of Posted materials due to alleged defamation or infringement of rights such as intellectual property rights etc., ASPA may discontinue such display (electrical transmission) temporarily, and if ASPA receives any legal action or agreement between the requesting party for discontinuation of display and the register of Posted materials, or other similar decisions etc. of Concerned Agency, ASPA will follow accordingly. (5) If any Posted materials discontinue temporarily to be displayed, User registering such materials may request ASPA for re-display (retransmission), and if User fails to request for re-display within 30 days from date of the discontinuation of display, ASPA may delete such materials. Article 13. (Copyright of Posted Materials) (1) Copyright and other intellectual property rights of posted materials and literary works prepared by ASPA are vested in ASPA. (2) Copyright of posted materials displayed by User within the Service is vested in User; provided that ASPA may use posted materials registered by User free of charge without User's separate approval to the reasonable extent in accordance with a fair practice under the regulation of the Copyright Act as follows: - Reproduction, revision, display, transmission, distribution, edition or preparation to the extent not harming the nature of posted materials within the Service - Authorizing service cooperating partners such as media, communication companies, etc. to supply, display or promote the content of Posted materials of User, in which case ASPA will not provide any personal information of User other than User ID without User's separate consent. (3) If ASPA desires to use posted materials of User in a manner other than mentioned in the preceding Sections, ASPA shall obtain prior consent of User via telephone, facsimile, e-mail or other means. (4) If User terminates Agreement for Use, posted materials recorded in User's account will be entirely deleted; provided that posted materials re-displayed or reproduced through custody, putting-in, etc. by others, posted materials provided after incorporating with displayed materials of others, or displayed materials registered in a public bulletin board, etc. will be exceptional. Article 14. (Provision of Information) (1) ASPA may provide User with various information which are deemed to be necessary for the use of Service via e-mail, letter, post, SMS, telephone, etc. (2) ASPA may collect additional personal information with the consent of User pursuant to the relevant laws for the purpose of improvement of Service or introduction of Service to User. Chapter 5. Termination of Agreement and Restriction of Use Article 15. (Amendment and Termination of Agreement) (1) If User desires to terminate Agreement for Use, User shall give a notice of its intention of termination to ASPA via e-mail, telephone, facsimile, online or other means; provided that any disadvantage derived from the termination of Agreement for Use will be assumed by User itself. (2) In the event of termination of Agreement for Use, ASPA will cancel the registration of User pursuant to the personal information handling policy of Cyber-market, in case ASPA informs User of such cancellation. If ASPA intends to terminate Agreement for Use by its authority, ASPA shall give an opportunity of clarification to User. (3) If User terminates Agreement for Use, Agreement for Use will be effectively terminated when User's intention of termination arrives at ASPA; provided that transfer of information and technology provided to ASPA or other matters are in progress, Agreement for Use will be effectively terminated when such progress is completed. (4) If User desires to re-use the Service after Agreement for Use has been terminated due to User's intention, such re-use will be allowed only after User informs ASPA of its intention of re-use and obtains ASPA's approval thereon. Article 16. (Restriction of Use of Service) ASAP may effect restriction of the use of the Service, initialization, termination of Agreement for Use, or other proper measures if User breaches the content of Article 10 of this Provisions in using the Service, or falls under any of the followings: - Committing any act such as registering any illicit content in the User information, or fraudulently using User ID, password or other personal information of others, or dealing User ID with or providing to others - Committing any act such as electronically transmitting, display, disseminating to others by e-mail or other means any vulgar or obscene content violating public order or good morals and manners, or information, sentence, graphic, sound, moving scene of the content which may infringe reputation or privacy of others - Committing any act teasing or threatening other Users, or incurring continuous pain or inconvenience to a particular User - Changing ASPA's client program without being authorized a special right to do so from ASPA, or hacking ASPA's server, or arbitrarily changing all or part of website or information displayed - Reproducing any information obtained through the Service for any purpose other than the use of the Service, or using such information for publication, broadcasting, etc., or providing such information to third party, without ASPA's prior consent - Disturbing normal operation of the Service, including representing itself as a management, staff or relevant person of ASPA or Concerned Agency, or intentionally interfering the Service - Receiving a correction demand from a relevant public authority such as Korea Information & Communication Ethics Committee - Breaching various regulations such as breaching regulations provided by ASPA including this Provisions or, in an objective judgment, linking to a crime. Chapter 6. Damages and Miscellaneous Article 17. (Damages) (1) User shall compensate any damages incurred to the other party due to its willfulness or negligence in connection with the use of the Service. (2) ASPA and Concerned Agency are not responsible for damages of any kind in connection with the use of the Service provided free of charge unless they breach the content provided in the personal information handling policy. Article 18. (Indemnification) (1) If ASPA and Concerned Agency fail to provide Service due to natural disaster, war, cease of service by infra-communication companies, or other similar irresistible force, ASPA and Concerned Agency are exempted from their responsibilities for providing the Service. (2) ASPA and Concerned Agency are exempted from their responsibility for any damages incurred inevitable causes such as repair, replacement, regular inspection, work, etc. of the facility for the Service. (3) ASPA and Concerned Agency are not responsible for any damages incurred due to User's computer failure or User's incomplete recording of its personal information or e-mail address. (4) ASPA and Concerned Agency are responsible neither for insufficient or loss of profit as anticipated by User from using the Service, nor for materials obtained during the use of the Service. (5) ASPA and Concerned Agency are not responsible for reliability, correctness, and etc. of the content of various information, materials, and the facts posted by User at Service, and ASPA and Concerned Agency are not obliged to intervene any dispute arising from the Service between Users, or User and third party and are not responsible for any damages from such dispute. (6) ASPA and Concerned Agency are not obliged to examine Posted materials of User prior to registration, or to continuously confirm or examine the content of such materials, and are not responsible for the result thereof. Article 19. (Notice) (1) If ASPA gives a notice to User, ASPA may send such notice to the e-mail address registered by User to ASPA. (2) If ASPA has to give notices to unspecific and many Users, ASPA may replace an individual notice by posting at the bulletin for public announcement for 7 days or more. Article 20. (Jurisdiction and Governing Law) (1) Any matters not specified in this Provisions follow relevant laws of Korea such as Korea Electricity Communication Business Act etc. and commercial practices. (2) If any lawsuit is filed due to a dispute arising from the use of the Service, ASPA designates a court having jurisdiction over the location of ASPA's head office to have an exclusive jurisdiction. <Additional Provision> 1. This Provisions is applicable from January 30, 2008.
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Privacy Policy of ASPA
1. Collection and Use of Personal Information Collected personal information is used lawfully and in fair method within the extent of the business of ASPA by clearly establishing the purpose of the use. Collected personal information is strictly controlled and used to the extent of the specified purpose of the use. 2. Purpose of the Use of Personal Information ASPA and Concerned Agency use the information provided by individuals for constructing cooperative network and interchanging among regions. 3. Prohibition of Supply to Third Party ASPA and Concerned Agency will not provide third party with personal information, except for consent of the corresponding person or a reasonable cause such as legal requirement etc. In the event of subletting, it will be done under proper protection and control. 4. Safety Measure In order to prevent loss, hacking, disclosure, etc. of personal information controlled by ASPA and Concerned Agency, proper measures for protecting information such as measures against unauthorized access, computer virus, etc. are devised. 5. Observation of Laws and Control System ASPA observes laws and regulations of this Association concerning personal information. 6. Continuous Improvement This Association continues to re-examine and improve the measures for protecting personal information.
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