Access terms
Article 1 (Purpose)
The purpose of this User Agreement (herein “Agreement”) is to set forth the terms of the conditions and procedures of the use of all services (herein “Services”) provided by Trans-Artist (www.shinsewon.com) (herein "Site"), the rights, obligations, and responsibilities of the Site and the users thereof, and other relevant matters.
Article 2 (Effectiveness and Modification)
2.1 Once you consent to this Agreement, this Agreement shall preferentially apply to the provision of Services by the Site and any action related to your use thereof.
2.2 The Site may amend this Agreement without prior notice, and the amended Agreement shall either be posted publicly on the Site or sent through email to members thereof, and will come into effect at the same time of such notification. If any user does not consent to the amended Agreement, such user may cancel (withdraw from) his membership. If however, the user checks the checkbox on the amended Agreement, such a user shall be deemed to have consented thereto.
Article 3 (Other Regulations)
Any matter which is not set forth herein shall be determined by the Privacy Protection Act, Framework Act on Telecommunications Act, Telecommunications Business Act, and other applicable laws and regulations.
Article 4 (Definition of Terms)
The terms used in this agreement shall be defined as follows:
4.1 “User” means a person provided with Services from the Site hereunder.
4.2 “Membership” means the action of filling out the application form provided by the Site, consenting to this Agreement, and completing the service use agreement.
4.3 “Member” means a person who registers as a member by providing member information to the Site and thus may use the Services provided by the Site. Any member purchasing the art works of Trans-Artist [Original Copy] shall be classified as a 'General Purchaser’, and one who purchases the Trans Patron’s Master-piece of Trans-Artist shall be classified as a 'Master Trans Patron’.
4.4 “Password” means a combination of characters and numbers which a Member selects to confirm whether the user and user ID match, and to protect his confidential information through telecommunication.
4.5 “Withdrawal” means a member’s act to terminate this Agreement.
Chapter 2. Provision and Use of Services
Article 5 (Establishment of Service Use Agreement)
5.1. A service use agreement is formed when the User becomes a member by filling out the required form provided by the Site online.
5.2 The Site may cancel the membership falling under any of the following conditions:
5.2.1 When the User files an application using another person’s identity;
5.2.2. When the User enters false information in the application form for service use;
5.2.3 When the User either obstructs another person’s use of the Service of the Site or steals the information thereof;
5.2.4 When the User commits actions prohibited by law and this Agreement in the use of the Site; or
5.2.5 When the User fails to satisfy the requirements for application for use of the Service as designated by the Site.
5.3 The Site may suspend the establishment of the service use agreement in any of the following cases, until the cause thereof has been eliminated:
5.3.1 When the capacity related to the Service is insufficient; or
5.3.2 When any technical obstacle exist.
Article 6 (Consent to the Use of Member Information)
6.1 The personal information of the members is protected under the Privacy Protection Act.
6.2 The member information of the Site is used, managed and protected as follows:
6.2.1 Use of personal information: The Site does not leak or distribute any collected personal information of the members related to the provision of Services to a third party without the consent of such members. However, the foregoing Subparagraph shall not apply to cases when the information is required by national agencies under the law including the Framework Act of Telecommunication, for the purpose of criminal investigation, or requested under the procedures as prescribed in applicable laws and regulations.
6.2.2 Management of personal information: In order to protect and manage personal information, members may modify and/or delete their own personal information.
6.2.3 Protection of personal information: Only a member may access, modify or delete his personal information, and such information is fully managed through the ID and password of the member. Accordingly, a member should not disclose his ID and password to others, and upon completion of the use of the Site, should log-out and close the web browser window.
6.3 Once a member files an application for the use of the Service hereunder, the member shall be deemed to consent to the collection and use of member information entered into this application form by the Site.
Article 7 (Security of User’s Information)
7.1 The User shall be responsible in maintaining the confidentiality of the information filed from the moment the User completes the Site’s membership procedure. The member shall be responsible for any results arising from the use of the member’s ID and password.
7.2 The member shall be responsible for all management related to the ID and password and, if any wrongful use of member ID or password is discovered, the member must immediately report this to the Site. The member shall be responsible for results arising from not reporting such discovery.
7.3 The User must accurately end their usage of the Service of the Site. The Site shall not be liable for any damage or loss incurred as a result of inaccurate end of the use of the Service such as a third party’s use of the user’s information.
Article 8. (Use of Service)
8.1 Unless due to technical or managerial interruptions of the Site, the use of Service shall be provided 24 hours a day, all throughout the year in principle.
8.2 The provisions of the foregoing Paragraph shall not apply to the dates or hours as designated by the Site as needed, such as for regular inspections.
Article 9 (Posts of Members)
The Site may delete any posts or registrations by the member without any prior notice if considered falling under the following cases:
9.1 When such content slanders or damages the reputation of other members or a third party;
9.2 When such content violates public order and public morals;
9.3 When such content infringes copyright and other rights of the third party;
9.4 When such content is posted after the lapse of the deadline regulated by the Site;
9.5 When such content is posted for fraudulent commercial profit;
9.6 When such content is posted repeatedly with the same details; or
9.7 When such content is considered as a violation of applicable laws and regulations.
Article 10 (Notice to Members)
10.1 Any notice to members may be given through e-mails or letters submitted by the Site.
10.2 When giving notice to unspecified masses, the Site may substitute individual notification by posting such notice on its bulletin board for more than one week.
Chapter 3. Withdrawal and Disqualification of Membership
Article 11 (Withdrawal)
11.1 Member may file an application at any time to terminate service use agreement (membership withdrawal) with the webmaster and, in such event, the Site will immediately process the application in accordance with applicable laws.
11.2 Upon termination of service use agreement by the member, any and all posts registered to the account of member shall be deleted and the Services requiring log-in shall not be available for use.
11.3 However, messages posted through e-mails shall not be deleted.
Article 12 (Disqualification of Membership)
The Site may restrict or suspend qualification of membership if the member falls into any of the following categories:
12.1 When any fraudulent content is registered while filing an application for membership;
12.2 When the member commits a crime;
12.3 When the member steals another person’s ID and password;
12.4 When the member obstructs the operation of the Service willfully;
12.5 When the member willfully spreads content which violates public order and public morals; or
12.6 When the member damages the reputation of or cause disadvantages to others.
Chapter 4. Miscellaneous Provisions
Article 13 (Ownership and Copyright)
13.1 Any intellectual property right and other rights provided by the Site related to artworks, Services provided, S/W needed thereof, images, marks, logos, designs, service titles, information and trade mark necessary thereto shall be owned and reverted to Transartist Sewon Shin.
13.2 The User shall not reproduce, transmit, publish, distribute, broadcast or use through other methods, the information (art works information or ideas) acquired by using the Services for profit-making purposes without prior consent. Further, the user shall not cause the materialization and commercialization, or spread information for others to use.
13.3 The Site shall transfer to the Trans Patron purchasing the master pieces the rights and the source of the final finished version which will allow for digital printing manufacture, along with the legal deed, however, such rights shall be limited to the art works purchased, and detailed rules related thereto are to be determined by the terms and conditions set forth in the agreement prepared upon purchase of the master piece.
13.4 Unless the User is transferred of legal rights by Transartist Sewon Shin through official documents approved by the Site, the User shall not allow a third party to change, lease, loan, sell, manufacture, transfer, sublicense, establish security or make any commercial use of the entire or parts of each property as set forth in the foregoing Paragraph.
13.5 If any incident of infringement on the copyright of the Site arises out of willful misconduct of the User, the User may be civilly and/or criminally responsible.
Article 14 (Prohibition of Assignment)
Members shall not assign, transfer or provide as security any right to use the Services.
Article 15 (Damages)
The Site shall not be liable for any damage caused to the members related to the Services provided by the Site free of charge, except for damages arising out of crimes committed willfully
Article 16 (Indemnification)
16.1 The Site shall not have any obligation to guarantee or represent any opinion or information expressed in the Services, and shall not approve, oppose or amend any opinion expressed by the members or a third party. The Site, in any case, shall not be responsible for any gain or harm generated from the member’s reliance of the information contained in the Services.
16.2 The Site shall not be responsible for any financial or product trade between members or third parties made through the Services, and shall not be responsible for any expected profit gains related to the use of Services by the members.
Article 17 (Dispute Resolution)
Any litigations raised from the dispute related to the Services shall be settled by the court having jurisdiction over the place where the Site is located.
[Addenda]
1. This Agreement shall come into effect from Apr. 1, 2016
2. This Agreement shall come into effect immediately when the User becomes a member.
