Chapter 1 General Provisions
Article 1 [Purpose]
These Terms and Conditions are intended to set forth the rights, obligations, and responsibilities between UNCLE SAM (www.us114.net) (hereinafter referred to as “Uncle Sam”) and Users in connection with the use of digital content (hereinafter referred to as “Content”) and related services provided online by UNCLE SAM.
Article 2 [Definitions]
The terms used in these Terms and Conditions shall have the following meanings:
1. The term “UNCLE SAM” means a party engaged in economic activities related to the content industry that provides Content and related services.
2. The term “User” means any member or non-member who accesses the website of UNCLE SAM and uses the Content and related services provided by UNCLE SAM in accordance with these Terms and Conditions.
3. The term “Member” means a User who has entered into a use agreement with UNCLE SAM, has been assigned a User ID, and is thereby continuously provided with information from UNCLE SAM and allowed to continuously use the services provided by UNCLE SAM.
4. The term “Non-member” means a person who is not a Member but still uses the services provided by UNCLE SAM.
5. The term “Content” means materials or information expressed in codes, letters, voice, sound, images, video, etc., used in information and communications networks as defined in Article 2(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., which are produced or processed in electronic form in order to increase their utility in preservation and use.
6. The term “ID” means a combination of letters and/or numbers determined by the Member and approved by UNCLE SAM for the purpose of identifying the Member and allowing use of the services.
7. The term “Password” means a combination of letters and/or numbers determined by the Member in order to verify that the Member corresponds to the given ID and to protect the Member’s confidentiality.
Article 3 [Provision of Identity Information, etc.]
UNCLE SAM shall post these Terms and Conditions, its trade name, name of its representative, address of its place of business (including the address where consumer complaints can be handled), telephone number, fax number, e-mail address, business registration number, mail-order business registration number, and the identity of the person in charge of personal information management on the initial online service screen in a manner that Users can easily find. However, the Terms and Conditions may be made available through a separate linked page.
Article 4 [Posting of Terms and Conditions, etc.]
① UNCLE SAM shall take technical measures to allow Members to print the entirety of these Terms and Conditions and to check their contents during the transaction process.
② UNCLE SAM shall install technical means that enable Users to make inquiries and receive answers regarding the contents of these Terms and Conditions and their relationship with UNCLE SAM.
③ Before a User agrees to these Terms and Conditions, UNCLE SAM shall provide a separate linked page or pop-up screen highlighting important matters specified in the Terms and Conditions, such as withdrawal of subscription and refund conditions, in a manner that the User can easily understand, and shall obtain confirmation from the User.
Article 5 [Amendment of Terms and Conditions]
① UNCLE SAM may amend these Terms and Conditions to the extent that it does not violate relevant laws such as the Online Digital Content Industry Development Act, the Act on the Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, and other applicable laws.
② If UNCLE SAM amends these Terms and Conditions, it shall specify the effective date and reason for the amendment and shall post the current Terms and Conditions together with the amended Terms and Conditions on the initial service screen from at least seven (7) days prior to the effective date for a reasonable period thereafter, and shall also notify existing Members by e-mail of the amended Terms and Conditions.
③ Upon amending these Terms and Conditions, UNCLE SAM shall confirm the User’s consent to the application of the amended Terms and Conditions. If the User does not agree to the amended Terms and Conditions, either UNCLE SAM or the User may terminate the Content use agreement. In such case, UNCLE SAM shall compensate the User for any damages arising from such termination.
Article 6 [Interpretation of Terms and Conditions]
Matters not stipulated in these Terms and Conditions and the interpretation thereof shall be governed by the Online Digital Content Industry Development Act, the Act on the Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Digital Content User Protection Guidelines established by the competent ministry, and other relevant laws and commercial practices.
Chapter 2 Membership Registration
Article 7 [Membership Registration]
① Membership registration is completed when a User agrees to the contents of these Terms and Conditions, submits an application for membership, and UNCLE SAM accepts such application.
② The membership application form shall include the following items. Items 1 through 3 are mandatory, and the other items are optional.
1. Member’s name or personal identification number used on the internet
2. ID and Password
3. E-mail address
4. Type of Content to be used
5. Other items deemed necessary by UNCLE SAM
③ In principle, UNCLE SAM shall accept the User’s application for membership. However, UNCLE SAM may refuse to accept applications falling under any of the following.
1. Where the applicant has previously lost membership status under these Terms and Conditions
2. Where the application is not made under the applicant’s real name or is made using another person’s name
3. Where false information is provided or required information indicated by UNCLE SAM is not provided
4. Where approval is impossible due to reasons attributable to the User, or where the application violates other prescribed requirements
④ UNCLE SAM may withhold approval if there is no capacity in the service-related facilities or if there are technical or business issues.
⑤ If UNCLE SAM refuses or withholds approval of a membership application pursuant to Paragraphs ③ and ④, it shall notify the applicant thereof. However, if UNCLE SAM is unable to contact the applicant for reasons not attributable to UNCLE SAM, this shall be an exception.
⑥ The membership agreement is deemed to be established at the time when UNCLE SAM's acceptance reaches the User.
Article 8 [Special Provisions on Membership for Minors]
① Users under the age of 14 must fully understand the purpose of collection and use of personal information and obtain the consent of their parents or legal guardians prior to applying for membership and providing their personal information.
② UNCLE SAM may cancel or reject membership for Users under the age of 14 who have not undergone a confirmation process regarding consent from their parents or legal guardians.
③ Parents or legal guardians of Users under the age of 14 may request access to, correction, or update of the child’s personal information, or withdraw their consent to the child’s membership. In such cases, UNCLE SAM shall promptly take the necessary measures.
Article 9 [Modification of Member Information]
① Members may view and modify their personal information at any time via the personal information management page.
② If there are any changes to the information provided at the time of membership registration, the Member shall update such information online or notify UNCLE SAM of such changes via e-mail or other means.
③ UNCLE SAM shall not be liable for any disadvantages arising from the Member’s failure to notify UNCLE SAM of such changes in accordance with Paragraph ②.
Article 10 [Obligations for Managing Member ID and Password]
① Responsibility for the management of Member IDs and Passwords rests with the Member, and they shall not be used by any third party.
② If a Member becomes aware that their ID or Password has been stolen or is being used by a third party, the Member shall immediately notify UNCLE SAM and follow any guidance provided by UNCLE SAM.
③ In the event the Member fails to notify UNCLE SAM as set forth in Paragraph ②, or fails to follow UNCLE SAM's instructions even after notification, UNCLE SAM shall not be liable for any disadvantages that may occur.
Article 11 [Notice to Members]
① When UNCLE SAM provides notice to a Member, it may do so via the e-mail address designated by the Member.
② For notices to all Members, UNCLE SAM may substitute individual notice by posting such notice on the bulletin board of UNCLE SAM for at least seven (7) days. However, matters that may have a significant impact on the Member’s own transactions shall be notified individually in accordance with Paragraph ①.
Article 12 [Withdrawal and Loss of Membership, etc.]
① Members may request membership withdrawal from UNCLE SAM at any time, and UNCLE SAM shall process such withdrawal without delay.
② UNCLE SAM may restrict or suspend membership status if a Member falls under any of the following.
1. Where false information is provided at the time of application for membership
2. Where the Member fails to pay the service fees or other obligations owed to UNCLE SAM by the due date
3. Where the Member interferes with the use of UNCLE SAM's services by others, or misappropriates their information, thereby disrupting electronic commerce order
4. Where the Member uses UNCLE SAM to engage in acts prohibited by law or these Terms and Conditions, or contrary to public order and morals
③ If, after restricting or suspending membership pursuant to Paragraph ②, the same conduct is repeated twice or more, or the cause is not corrected within thirty (30) days, UNCLE SAM may revoke the Member’s membership.
UNCLE SAM may revoke the Member’s membership in such cases.
④ If UNCLE SAM revokes membership, it shall delete the Member’s registration. In this case, UNCLE SAM shall notify the Member thereof and grant the Member at least thirty (30) days to provide an explanation prior to deletion.
Chapter 3 Content Use Agreement
Article 13 [Posting of Content Information]
① UNCLE SAM shall display the following information in an easily identifiable manner on the initial screen for using the relevant Content or on its packaging:
1. Name or title of the Content
2. Date of production and display of the Content
3. Name of the producer of the Content (or name of the corporation, if applicable), address, and telephone number
4. Details of the Content, method of use, usage fees, and other conditions of use
② UNCLE SAM shall provide information on the devices on which the Content can be used and the minimum technical specifications required for use during the contract formation process.
Article 14 [Formation of the Use Agreement, etc.]
① Users shall apply for use by following procedures similar to the following, as provided by UNCLE SAM. Prior to entering into a contract, UNCLE SAM shall provide information so that Users can accurately understand each of the following items and proceed without mistakes or errors.
1. Browsing and selection of the Content list
2. Entry of name, address, telephone number (or mobile phone number), e-mail address, etc.
3. Confirmation of matters regarding the measures taken by UNCLE SAM in relation to Content for which withdrawal of subscription is not possible, and other relevant contract terms
4. Expression of agreement or refusal to these Terms and Conditions and to the matters under Item 3 (e.g., by mouse click)
5. Confirmation of the application to use the Content or agreement to UNCLE SAM's confirmation
6. Selection of payment method
② UNCLE SAM may refuse or withhold acceptance of a User’s application in any of the following cases.
1. Where the application is not made under the User’s real name or is made using another person’s name
2. Where false information is provided or the information required by UNCLE SAM is not provided
3. Where a minor attempts to use Content that is prohibited under the Juvenile Protection Act
4. Where there is insufficient capacity in the service-related facilities, or there are technical or business obstacles
③ The contract shall be deemed to have been formed at the time the User receives the acknowledgment of receipt as referred to in Article 16(1) from UNCLE SAM.
④ The expression of acceptance by UNCLE SAM shall include confirmation of the User’s application for use, the availability of the service, and information regarding correction or cancellation of the application.
Article 15 [Special Provisions for Use Agreements with Minors]
UNCLE SAM shall, prior to concluding a contract, inform minors under the age of 20 who wish to use paid services that the minor or their legal representative may cancel the contract if the minor fails to obtain prior consent from a parent or other legal representative, or if such approval is not obtained after the contract is concluded.
Article 16 [Acknowledgment of Receipt and Change or Cancellation of Application]
① When UNCLE SAM receives an application for use from a User, it shall send the User an acknowledgment of receipt.
② Upon receiving the acknowledgment of receipt, the User may request a change or cancellation of the application if there is any discrepancy in the User’s expression of intent. UNCLE SAM shall promptly process such request if it is made before the service is provided. However, if payment has already been made, the provisions on withdrawal of subscription under Article 27 shall apply.
Article 17 [Obligations of UNCLE SAM]
① UNCLE SAM shall act in good faith in exercising its rights and performing its obligations as set forth in these Terms and Conditions and relevant laws.
② UNCLE SAM shall establish and maintain a security system to protect personal information (including credit information) so that Users can safely use the Content, and shall disclose and comply with its Privacy Policy.
③ UNCLE SAM shall take measures to ensure that Users can review their Content usage and related payment details at any time.
④ If UNCLE SAM recognizes that a User’s opinion or complaint related to Content use is justified, it shall process it without delay. UNCLE SAM shall inform the User of the processing procedures and results via a bulletin board, e-mail, or other appropriate means.
⑤ UNCLE SAM shall compensate the User for damages incurred due to a breach of its obligations under these Terms and Conditions.
Article 18 [Obligations of Users]
① Users shall not engage in any of the following acts.
1. Providing false information when applying or making changes
2. Misappropriating another person’s information
3. Altering information posted by UNCLE SAM
4. Transmitting or posting information (including computer programs) that UNCLE SAM has prohibited
5. Infringing the copyrights or other intellectual property rights of UNCLE SAM or any third party
6. Damaging the reputation of or interfering with the business of UNCLE SAM or any third party
7. Posting or disclosing on UNCLE SAM's site any obscene or violent language, images, audio, or other information contrary to public order and morals
8. Engaging in any other illegal or improper acts
② Users shall comply with relevant laws, the provisions of these Terms and Conditions, usage guidelines, and notices related to Content as announced by UNCLE SAM, and shall not interfere with the business of UNCLE SAM.
Article 19 [Payment Methods]
Users may pay for the use of Content by any of the following methods, to the extent available. UNCLE SAM shall not impose any additional fees on the User for the use of specific payment methods.
1. Various account transfers such as phone banking, internet banking, and mail banking
2. Various card payments such as prepaid cards, debit cards, and credit cards
3. Online bank deposit without a bankbook
4. Payment using electronic money
5. Payment using mileage or points provided by UNCLE SAM
6. Payment using gift certificates contracted or approved by UNCLE SAM
7. Payment using telephone or mobile phone billing
8. Other electronic payment methods
Article 20 [Provision and Suspension of Content Services]
① In principle, Content services are provided 24 hours a day, 365 days a year.
② UNCLE SAM may temporarily suspend the provision of Content services if there is a need for maintenance, replacement or malfunction of computers or information and communications facilities, interruption of communications, or other significant operational reasons. In this case, UNCLE SAM shall notify Users in accordance with Article 11 [Notice to Members]. However, if prior notice is not possible due to unavoidable circumstances, notice may be given afterwards.
③ If UNCLE SAM temporarily suspends Content services without a justifiable reason and the User incurs damages as a result, UNCLE SAM shall compensate for such damages, unless UNCLE SAM proves that there was no intent or negligence.
④ UNCLE SAM may conduct regular inspections if necessary for the provision of Content services, and the schedule for such inspections shall be announced on the service screen.
⑤ If Content services can no longer be provided due to reasons such as a change in business type, discontinuation of business, or merger with another company, UNCLE SAM shall notify Users in accordance with Article 11 and compensate Users in accordance with the conditions initially presented by UNCLE SAM. If UNCLE SAM fails to announce compensation standards or if the announced standards are deemed inappropriate, Users shall be compensated by payment of mileage or points in kind or in cash.
Article 21 [Changes to Content Services]
① UNCLE SAM may change the Content services it provides when there is a reasonable operational or technical need.
② If UNCLE SAM changes the content, method of use, or usage time of Content services, it shall post, at least seven (7) days prior to the change, the reason for the change, details of the changed Content service, and the effective date on the initial screen of the relevant Content.
③ In the case of Paragraph ②, if the changes are material or unfavorable to the User, UNCLE SAM shall notify the Users receiving such Content services individually in accordance with Article 11 and obtain their consent. In such case, UNCLE SAM shall provide the prior version of the service to Users who do not consent to the changes. However, if the provision of the prior version of the service is impossible, the contract may be terminated.
④ UNCLE SAM shall compensate Users for any damages incurred due to changes in services under Paragraph ① or due to termination of the contract under Paragraph ③.
Article 22 [Provision of Information and Posting of Advertisements]
① UNCLE SAM may provide various information deemed necessary for Content use to Members via public notices or e-mail. Members may, at any time, refuse to receive such e-mails.
② If UNCLE SAM intends to transmit the information referred to in Paragraph ① by telephone or facsimile, it shall obtain the Member’s prior consent.
③ UNCLE SAM may display advertisements on Content screens, the homepage, e-mails, etc., in connection with the provision of Content services. Members who receive such e-mails containing advertisements may refuse to receive them from UNCLE SAM.
Article 23 [Deletion of Postings]
① If any media or material harmful to minors in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., is posted on a bulletin board operated by UNCLE SAM, such content shall be deleted without delay. However, this shall not apply to bulletin boards accessible only to Users who are 19 years of age or older.
② A person whose legal rights have been infringed due to information posted on bulletin boards operated by UNCLE SAM may request deletion of such information or posting of a rebuttal. In such case, UNCLE SAM shall promptly take necessary measures and notify the applicant thereof without delay.
Article 24 [Ownership of Copyrights, etc.]
① Copyrights and other intellectual property rights to works created by UNCLE SAM shall belong to UNCLE SAM.
② Copyrights and other intellectual property rights to works provided pursuant to partnership agreements among the services provided by UNCLE SAM shall belong to the respective providers.
③ Users shall not use or allow any third party to use, for profit, any information obtained through use of services provided by UNCLE SAM that is subject to intellectual property rights belonging to UNCLE SAM or its providers, by means of reproduction, transmission, publication, distribution, broadcasting, or any other method without the prior consent of UNCLE SAM or the relevant provider.
④ Where UNCLE SAM uses a User’s work in accordance with an agreement, UNCLE SAM shall obtain prior permission from the relevant User.
Article 25 [Protection of Personal Information]
① In addition to the information specified in Article 7(2), UNCLE SAM may collect the minimum necessary information required for Content use. In this case, Users shall faithfully provide truthful information to the inquiries made by UNCLE SAM.
② When UNCLE SAM collects personal information that can identify a User, it shall obtain the consent of the User.
③ UNCLE SAM shall not use or provide to any third party the personal information provided by Users in their applications or collected under Paragraph ① for purposes other than the intended purposes without the User’s consent. If UNCLE SAM violates this, UNCLE SAM shall bear all responsibility. However, the following cases shall be exceptions.
1. When the information is provided in a form that cannot identify any specific individual for the purpose of preparing statistics, academic research, or market surveys
2. When necessary for settlement of fees arising from the provision of Content
3. When necessary for identity verification to prevent theft and misuse
4. When unavoidably required by the provisions of the Terms and Conditions or by laws and regulations
④ When UNCLE SAM is required to obtain consent under Paragraphs ② and ③, it shall specify and notify the identity of the person in charge of managing personal information (department, name, telephone number, and other contact information), the purpose of collection and use of information, and matters related to provision of information to third parties (recipient, purpose of provision, and items of information to be provided), in accordance with Article 22(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
⑤ Users may withdraw their consent under Paragraph ③ at any time.
⑥ Users may request access to and correction of their personal information held by UNCLE SAM at any time, and UNCLE SAM shall be obligated to take necessary measures without delay. If a User requests correction of an error, UNCLE SAM shall not use the relevant personal information until such error has been corrected.
⑦ UNCLE SAM shall limit the number of personnel managing personal information to the minimum necessary and shall be responsible for any damages suffered by Users due to loss, theft, leakage, or alteration of personal information, including credit card and bank account information.
⑧ UNCLE SAM or any party that has received personal information from UNCLE SAM may use such personal information only within the scope consented to by the User, and shall promptly destroy such personal information once the purpose has been achieved.
⑨ UNCLE SAM shall endeavor to protect Users’ personal information in accordance with applicable laws such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. The protection and use of personal information shall be governed by relevant laws and UNCLE SAM's Privacy Policy.
Chapter 4 Withdrawal of Subscription, Termination of Contract, and Restrictions on Use
Article 26 [Withdrawal of Subscription and Termination of Contract by User]
① A User who has entered into a contract with UNCLE SAM for the use of Content may withdraw their subscription within seven (7) days from the date of receiving the acknowledgment of receipt. However, UNCLE SAM may restrict the User’s right to withdraw the subscription in any of the following cases.
1. Where it is clearly stated that withdrawal of subscription is not possible for the relevant Content
2. Where trial products have been provided
3. Where temporary or partial use of the Content has been provided
② A User may terminate the Content use agreement within three (3) months from the date of receiving the Content, or within thirty (30) days from becoming aware of or being reasonably able to become aware of any of the following.
1. Where the Content stipulated in the use agreement is not provided
2. Where the provided Content is different from what was indicated or advertised, or is significantly different in quality
3. Where defects in the Content make normal use substantially impossible
③ Withdrawal of subscription under Paragraph ① and termination of the contract under Paragraph ② shall become effective when the User expresses such intent to UNCLE SAM by telephone, e-mail, or facsimile.
④ Upon receiving the User’s expression of intent for withdrawal of subscription or termination of contract under Paragraph ③, UNCLE SAM shall promptly acknowledge receipt of such expression without delay.
⑤ Before expressing intent to terminate the contract under Paragraph ②, the User may request UNCLE SAM to remedy any defects in the Content or service within a reasonable period.
Article 27 [Effect of Withdrawal of Subscription and Termination by User]
① UNCLE SAM shall refund the payment to the User in the same manner as the payment was made within three (3) business days from the date the User expressed intent to withdraw the subscription or from the date UNCLE SAM notified the User of acceptance of the termination. If refund by the same method is not possible, UNCLE SAM shall notify the User in advance. If UNCLE SAM delays a refund, it shall pay delay interest calculated by applying the delay interest rate announced by the Fair Trade Commission for the delay period.
② When refunding under Paragraph ①, UNCLE SAM may deduct the amount corresponding to the benefits obtained by the User from using the service.
③ When the User has paid for Content with a credit card, electronic money, or other payment method, UNCLE SAM shall promptly request the payment service provider to suspend or cancel the charge. However, this may not apply if it is necessary to deduct the amount under Paragraph ②.
④ If UNCLE SAM, the party receiving payment for the Content, and the party that entered into the Content use agreement with the User are not the same party, each such party shall be jointly and severally liable for fulfilling obligations related to refunds arising from withdrawal of subscription or termination of contract.
⑤ UNCLE SAM shall not claim penalties or damages from the User based solely on the User’s withdrawal of subscription. However, termination of the contract by the User shall not preclude claims for damages.
Article 28 [Termination of Contract and Restrictions on Use by UNCLE SAM]
① UNCLE SAM may terminate the contract without prior notice or restrict the User’s use of the service for a specified period if the User commits any of the acts specified in Article 12(2).
② Termination or restriction under Paragraph ① becomes effective when UNCLE SAM notifies the User of its intention using the method designated by UNCLE SAM.
③ The User may file an objection to the termination or restriction of use by UNCLE SAM in accordance with procedures established by UNCLE SAM. If UNCLE SAM deems such objection to be justified, it shall immediately resume service use for the User.
Article 29 [Effect of Termination by UNCLE SAM]
The effect of termination of the use agreement due to reasons attributable to the User shall follow Article 27 mutatis mutandis. However, in such case, UNCLE SAM shall refund the amount paid by the User in the same manner as the payment was made within seven (7) business days from the date UNCLE SAM expressed its intention to terminate the contract.
Chapter 5 Overpayment, Compensation for Damages, etc.
Article 30 [Overpayment]
① If an overpayment occurs, UNCLE SAM shall refund the full amount of the overpayment using the same method as the original payment. If refund by the same method is not possible, UNCLE SAM shall notify the User in advance.
② If an overpayment occurs due to reasons attributable to UNCLE SAM, UNCLE SAM shall refund the full amount of the overpayment regardless of contract costs, fees, etc. However, if the overpayment occurs due to reasons attributable to the User, the User shall bear the reasonable costs incurred in refunding the overpayment.
③ If UNCLE SAM refuses to refund an overpayment claimed by a User, UNCLE SAM shall bear the burden of proving that the charge was legitimate.
④ UNCLE SAM shall handle overpayment refunds in accordance with the Digital Content User Protection Guidelines.
Article 31 [Compensation for Damages Due to Defects in Content]
UNCLE SAM shall handle matters related to the standards, scope, methods, and procedures for compensating Users for damages caused by defects in Content in accordance with the Digital Content User Protection Guidelines.
Article 32 [Disclaimer]
① UNCLE SAM shall not be liable for failure to provide Content due to force majeure events such as natural disasters or events equivalent thereto.
② UNCLE SAM shall not be liable for any obstacles to Content use arising from reasons attributable to the User.
③ UNCLE SAM shall not be liable for reliability, accuracy, or other aspects of information, materials, or facts posted by Members in connection with Content.
④ UNCLE SAM shall not be liable for any disputes arising between Users or between a User and a third party through Content.
Article 33 [Dispute Resolution]
UNCLE SAM shall take appropriate and prompt measures to reflect any legitimate opinions or complaints raised by Users in the event of a dispute. If prompt handling is difficult, UNCLE SAM shall notify the User of the reason and the expected schedule for handling the matter.
