SUPPORT

SERVICE AGREEMENT

If you have any question, please contact to   cs@led.art

Enforcement Date: Dec, 2021


The purpose of this general terms and conditions of the LED.ART Service (hereinafter referred to as this “STC”) is to stipulate the rights, obligations and responsibilities, as well as other basic terms such as terms of service and procedures between d’strict holdings Inc. and CJ CGV Co., Ltd. (hereinafter collectively referred as “Service Providers”), and the User in using ‘the media art contents licensing service available in the form of exhibition on a large display’ and ‘internet-related service to introduce and apply for the foregoing licensing service’ provided by the Service Providers as a joint project. Provided, however, that in the event of any conflict between this STC and the License Terms and/or the License Agreement, the terms and conditions of the Licensing Agreement shall prevail.


1. Definitions



1.1“Content(s)” means the public media art contents in a video format that the Service Providers produced and own all copyrights related thereto, exhibited on a large display such as LED or LCD, or otherwise on a media wall through projection mapping.

1.2 “LED.ART Service” means a non-exclusive paid licensing service to use ‘public media art contents in a video format’ that the Service Providers produced and own the full copyrights related thereto, available in the form of exhibition on a large display such as LED or LCD, or otherwise on a media wall through projection mapping.

1.3"License Agreement” means the agreement to be entered into in the future, in an offline setting, by and between the Service Providers and the User, based on this STC and the License Terms that governs, as final, all matters related to the LED.ART Service that the Service Providers agreed to provide upon the User’s choice.

1.4“License Terms” means the terms of service that governs matters related to the use of videos, images, 3D graphics and other works provided by the Service Providers through the LED.ART Service, and are posted on the LED.ART Website. Each User is bound only by the version of the License Terms valid as of the date of entering into their License Agreement.

1.5“License Terms” means the terms of service that governs matters related to the use of videos, images, 3D graphics and other works provided by the Service Providers through the LED.ART Service, and are posted on the LED.ART Website. Each User is bound only by the version of the License Terms valid as of the date of entering into their License Agreement.

1.6“User(s)” means all user that access the LED.ART Website and use the LED.ART Service provided by the Service Providers pursuant to this STC.

1.7“STC“LED.ART Website” means https://led.art and other online webpages officially provided by the Service Providers in connection with the LED.ART Service, and the online business venues (or other similar online spaces) mentioned in the definition of the Service Providers above.


2. Consent to this STC



2.1The User consents to and is bound by this STC, and all other terms and conditions that may be posted on websites related to the Service Providers, including LED.ART Website, for the purposes of amending or adding to this STC (hereinafter collectively referred to as the “OTC”STC). If User does not consent to the terms and conditions of this STC and the OTC, the User’s use and access to the LED.ART Website may be restricted or limited.

2.2The Service Providers shall post this STC, the name of the company and its representative, the address of the business (including the address where customer complaints can be handled), phone number, e-mail address, and business registration number on the default page of the LED.ART Website to provide easy access for the User. Furthermore, each User shall make this STC accessible, at all times, through the URL link provided by the Service Providers.

2.3The Service Providers may amend this STC and the OTC from time to time. If the User accesses or continues to use the LED.ART Website, that User is deemed to have consented to such amendments (Access to and use of LED.ART Website shall be determined under the current version of this STC, and rules and guidelines posted on the LED.ART Website). To access the most current version of this STC and the OTC, please refer to this STC on the LED.ART Website on a regular basisSTC. If the User violates this STC, then their license to access or use the LED.ART Website shall automatically terminate.


3. Providing and Changing LED.ART Service



3.1

The Service Providers carry out the following:

3.1.1    Provide information on Contents and receive applications for licensing services from the User;

3.1.2   Enter into the License Agreement;

3.1.3   Deliver Contents pursuant to the License Agreement; and

3.1.4   Other services specified in the LED.ART Website.


3.2In the event of a sold-out (discontinuation) of Contents or changes in the technical specifications, the Service Providers may change the details of Contents to be provided, pursuant to the agreement to be concluded in the future.

3.3If the Service Providers changes the details of the service contracted with the User for reasons such as a sold-out (discontinuation) of Contents or changes in the technical specifications, the Service Providers shall promptly notify the such reasons to the User’s notifiable address or contact.

3.4In the event specified in Paragraph 3.4, the Service Providers shall compensate the User for damages such reason. Provided, however, that if the Service Providers prove that such damages are not intentionally or negligently caused by the Service Providers, this paragraph shall not apply.


4. Suspension of LED.ART Service



4.1The Service Providers may temporarily suspend the LED.ART Service for reasons such as maintenance, inspection, replacement and failure of ICT equipment, such as computers.

4.2The Service Providers shall compensate the User and third parties for damages caused by the temporary suspension of the LED.ART Service for reasons specified in Paragraph 4.1. Provided, however, that if the Service Providers prove that the Service Providers did not have intent or was negligent in causing the damages, this paragraph shall not apply.

4.3In the event that the Service Providers is unable to provide the LED.ART Service due to change of business area, abandonment of business, or integration between companies, the Service Providers shall notify the User of such reasons notifiable address or contact.


5. Application for License



5.1

The User shall apply for license service in the following manners, or similar manners as the following, and the Service Providers shall provide such details in a comprehensible manner when the User applies for the license service:

5.1.1    Search and selection of the Contents;

5.1.2    Insert user information or agent information such as name, address, phone number, email address (or mobile phone number), or media information;

5.1.3    Examine information related to data collection such as a consent to the collection and use of personal information;

5.1.4    Confirmation or rejection of the items specified in Paragraph 5.1.3 (e.g., mouse click); and

5.1.5    Apply for Contents license service and verification related thereto.. 


6. Receipt of Order and Order Confirmation Notice



6.1

In the event that the User applies for a license service, the Service Providers may verify the following additional details regarding the license application, and license servicing and contracting through the User’s address or phone number:

6.1.1    Verification of Contents to license and, and the licensing plan;

6.1.2    Hardware information including spatial features and resolution of the display;

6.1.3    License service applicant’s information and legal relationship with media companies (e.g., principal/agent/customer, etc.);

6.1.4    Information on business registration certificate and issuance of tax invoice;

6.1.5    Other information necessary to provide service; and

6.1.6    Confirmation of serviceability based on the collected information.


6.2The Service Providers may notify the order confirmation to the User if the additional information provided by the User, necessary to provide the service and enter into a contract, is not false, and upon determination, accordingly, that providing the LED.ART Service is possible.

6.3The order confirmation notice shall be delivered to the email address provided by the User in a form of a contract, containing the order details requested by the User and confirmed by the Service Providers.

6.4

The Service Providers may decide not to accept the User’s application for license service under Article 5 if:

6.4.1    The application details include false information, omission, or error;

6.4.2    For other reasons, accepting the license application is materially difficult due to the technical limitation of the LED.ART Service;

6.4.3    The User applied for the use of LED.ART Service on behalf of a corporation, but it is determined that the User is not an appropriate agent of that corporation; or

6.4.4    A minor requests to enter into a contract.


6.5In absence of discrepancy within the details of the intent expressed in the Service Providers’ order confirmation notice, and when the User consents to the order confirmation, the User must express their intent to consent to that order confirmation. If the User does not express its intent within 3 business days, the order is deemed canceled by the User.

6.6If the order confirmation notice contains discrepancies, the User may immediately request to amend or cancel the license service upon the receipt of the order confirmation notice. If the User makes a request prior to payment of fees, the Service provider shall process the User’s request without delay. However, if such request is made after payment of fees, Article 10 (Order and Cancellation of Order) shall apply.


7. Entering into the License Agreement



7.1The License Agreement is deemed to have been finalized when both parties mutually agree through the User’s expression to consent to the order confirmation and the Service Providers’ acceptance of such expression pursuant to Paragraph 6.5.

7.2The Service Providers shall send the final agreement [document] of the License Agreement to the User, and the User shall approve it within 5 business days upon receipt.

7.3The License Agreement is deemed to have been concluded on the date of delivery of the aforementioned final License Agreement to the Service Providers, after the User’s approval by signing the final License Agreement.


8. Payment Method



8.1Payment for the Contents licensed from the Service Providers may be made by online deposit without a bankbook. However, the Service Providers may not collect any fee in addition to the Content fee related to the User’s method of payment.


9. Supply of Contents



9.1Unless otherwise agreed by the Service Providers and the User, the User shall take all actions (e.g. providing address) necessary for the Service Providers to deliver the Contents within 5 business days after the payment of fees specified in the License Agreement.


10. Order and Cancellation of Order



10.1The User who has consented to this STCSTC and the License Terms may apply for an order by submitting an ‘order entry form’ on the LED.ART Website after selecting the desired Contents. The order is completed when the Service Providers sends an order confirmation notice to the User upon review of the ‘order entry form’.

10.2

10.2    If a User desires to cancel or withdraw an order completed through the process described under Paragraph 10.1, the following rules apply:

-    After receiving an order confirmation notice and before payment: The User may freely withdraw the order without any charges;

-    After payment (See Article 8 above): The User can withdraw the order after paying a fee equivalent to 10% of the contract price as agreed by the parties pursuant to the License Agreement; or

-    After the delivery of the Contents to the User: Order cannot be withdrawn, and the contract price cannot be refunded.


11. Protection of Personal Information



11.1The Service Providers collect the minimum information necessary to fulfill the License Agreement when collecting the User’s information and media information.

11.2The Service Provider always asks for the User’s consent when collecting the User’s personally identifiable information.

11.3

The provided personal information may not be used for any other purpose or be provided to a third party without the User’s consent, and all responsibilities thereto are assumed by the Service Providers. However, exceptions to the foregoing are applicable when the information is necessary for:

11.3.1    Collecting statistical data, academic research, or market research, and the information is provided in a form that cannot identify a specific individual;

11.3.2    Settling expenses incurred from the supply agreement of the Contents;

11.3.3    Identity verification to prevent theft; or

11.3.4    Any unavoidable reason required by laws and regulations;


11.4If the Service Providers need to obtain the User’s consent under Paragraph 11.1 and 11.2, the Service Providers shall specify or notify the information stipulated under Article 22(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection such as the identity of the person in charge of personal information protection (affiliation, name, phone number and other contact information), purposes of collecting and using the information, and matters related to providing information to third parties (recipient, purpose and information to be provided). The User, at any time, may rescind their consent.

11.5The User may, at any time, request access to and correction of errors in their personal information possessed by the Service Providers, and the Service Providers are obliged to take necessary actions without delay. Moreover, if the User requests correction of errors related to their personal information, the Service Providers shall not use that personal information prior to correction of such error.

11.6The Service Providers shall minimize the number of administrators to protect personal information and assume all liabilities for damage caused to the User by loss, theft, leakage and alteration of the User’s personal information, including credit card and bank account information.

11.7The Service Providers or a third-party recipient of personal information from the Service Providers shall destroy the personal information, without delay, when the purposes of collecting or receiving such personal information is achieved.

11.8The Service Providers may collect the User’s personally identifiable information with the User’s consent, and use it for the customized services, e-commerce, community and telemarketing services via call centers to enhance the quantity and quality of services provided to the User.


12. Obligations of the Service Providers



12.1The Service Providers shall not engage in acts prohibited by laws, this STC, or offenses against public morals, and shall make the best efforts to provide the Contents continuously and stably as specified in this STC.

12.2The Service Providers shall maintain a security system to protect personal information (including credit information) of the User so that the User can use its services in a safer manner.

12.3The Service Providers shall not send unwanted advertisement emails to the User for profit .


13. Obligations of the User

The User shall not:


13.1Register false information upon applying or amending;

13.2Use someone else’s personal information;

13.3Change information posted on the LED.ART Webpage;

13.4Transmit or post information related to the Service Providers (e.g., computer programs, etc.) unless designated otherwise by the Service Providers;

13.5Infringe on intellectual property rights such as copyrights of the Service Providers and other related third parties;

13.6Conduct in a way that damages the reputations of the Service Providers and other third parties, or interfere with their business; or

13.7Disclose or post obscene or violent messages, images, voices, or other information against public morals on the LED.ART Webpage.


14. Ownership and Restriction on Use of Copyright



14.1Copyrights and other intellectual property rights of the Service Providers’ literary work shall be vested in the Service Providers.

14.2Without the Service Provider’s prior consent, the User shall not reproduce, transmit, publish, distribute, broadcast, or otherwise use for any for profit purposes or allow a third party to use any information obtained while using the LED.ART Service that has intellectual property rights vested in the Service Providers. If a User infringes on such intellectual property rights, that User may be penalized under related Copyright Act and intellectual property laws.

14.3If certain images or other materials disclosed and posted on the LED.ART Webpage infringes on the copyrights owned or managed by the User, that User may notify the Service Providers’ customer center (cs@led.art).


15. Receipt by Customer Center



15.1If the User has any opinions or complaints to express or raise against the Service Providers in relation to this STC, the User shall first consider notifying the Service Providers’ customer center (cs@led.art). If the User suffers any specific loss or damage, the User shall also first contact the customer center (cs@led.art) to inquire about compensation related thereto.

15.2The Service Providers shall prioritize the resolution of complaints, inquiries about compensation, and other opinions submitted or filed by the User via customer center, and if prompt resolution is not feasible, then the Service Providers must immediately notify the customer of such reasons or circumstances and the expected schedule for the resolution.


16. Dispute Resolution


16.1Seoul Central District Court shall be the court of exclusive jurisdiction over all disputes and claims arising from, related to, or in connection with this STC.

16.2The interpretation, scope, and other related matters of this STC shall be governed by the laws of the Republic of Korea, including the Act on Private International Law if necessary. In the event of any differences in the interpretation of this STC, both party agrees to interpret this STC according to the Korean version of this STC.

16.3This STC shall not be interpreted in a manner favorable or unfavorable to either party, but according to the fair meaning of the language used in this STC. If any provision of this STC becomes invalid or unenforceable, the remainder of this STC remains valid and enforceable.