Article 1: Purpose

The purpose of these Terms of Use is to set forth all matters regarding the terms and conditions of use and operation of services on “DIVEROID.com” and any associated websites and applications, apps, collectively referred to as “Platforms” Or “DIVEROID”.


Article 2: Definitions

The major terms used herein shall have the following meanings:

  • Members mean users who have registered with the Platforms by agreeing to the terms and conditions of the Platforms and providing their personal information and who have executed the user agreement with the Platforms and use the Platforms.
  • User Agreement means the agreement entered into by and between the Platforms and a Member concerning the use of the Platforms.
  • Member’s ID means a combination of a unique sequence of characters and numbers, which is granted to each Member for the identification of the Member and the use of services by the Member.
  • Password means a combination of characters and numbers, which is selected by a Member to verify that the ID is granted to the same Member and to protect the rights and interests of the Member.
  • Operator means the person/entity that has opened and operated a website that provides services.
  • Termination means that the Members terminate the user agreement.


Article 3: Applicable Rules Other than Standard Terms of Use

The Operator may separately announce and guide operational policies, including those related to image posting, comments, and ratings. If these Terms of Use and operational policies overlap, then the operational policies shall prevail.


Article 4: Execution of User Agreement

  • The user agreement is constituted when a person agrees to these Terms of Use and the Operator accepts the membership application, applicable to both the Website and the App.
  • Any person applying for membership shall indicate their intention to agree to these Terms of Use by reading them and clicking “I agree”, “Agree” or “Accept” as suitable on the platform.


Article 5: Application for the Use of Services

  • Any user who wishes to use the Website and the App as a Member shall provide information requested by both platforms, including User ID, Password, and nickname.
  • Members must provide genuine information, and any false information may result in the loss of Website and App access.


Article 6: Guideline on Personal Information Processing

  • The Platforms and the Operator do not have the Members’ Passwords among their personal information provided in applying for membership. Anything related to the Members’ Passwords shall be handled per the Guideline on Personal Information Processing.
  • The Operator shall make efforts to protect the Members’ personal information, including the Members’ registered information, under relevant statutes.
  • The Members’ personal information shall be protected under relevant statutes and the Guideline on Personal Information Processing that is established by the Platforms. However, the Operator shall have no liability for the information leaked due to a reason attributable to a Member.
  • If a Member registers and distributes illegal postings, including those that disrupt good public order and customs or violate national security, then the Operator may access the Member’s materials and submit such materials to the related institutions, upon request of such institutions.
  • For Members aged 13 years or below, they must declare their age during the registration process and also inform the operator. The Operator, upon identification of a Member falling into this age category, shall promptly delete their personal information to comply with relevant data protection regulations.


Article 7: Operators’ Obligations

  • The Operator shall deal with any opinions offered or complaints raised by the Members as soon as possible if such opinions or complaints are deemed just. However, if the Operator finds it difficult to deal with such opinions or complaints swiftly due to its personal reasons, then it shall do its best by making a post announcement or sending the Members messages or e-mails.
  • If there is any breakdown in equipment or any equipment is lost, then the Operator may request the Website to repair or restore such equipment without any delay for the continuous and stable provision (or operation) of the Website. However, in case of natural disasters or unavoidable reasons on the part of the Website or the Operator, the operation of the Website may be temporarily suspended.


Article 8: Members’ Obligations

  • The Members shall comply with the matters stipulated in these Terms of Use, all regulations established by the Operator, matters including notices and operational policies to which users are notified via the Website, and relevant statutes. The Members shall not commit acts to disrupt other businesses of the Website or to tarnish the reputation of the Website.
  • The Members may neither assign, give away, nor provide as security the right to use services and their contractual status under the user agreement unless the Website gives its express consent.
  • Customers shall take considerable care in managing their IDs and Passwords and may not allow any third party to use their IDs without the consent of the Operator or the Website.
  • The Members shall not infringe on the intellectual property rights of the Operator, the Website, or any third party.


Article 9: Service Use Hours

  • In principle, services shall be available for 24 hours a day, 365 days a year unless there is any special operational or technological delay. However, the Website may temporarily suspend services on the date(s) or hour(s) designated by the Website for system checkups, extensions, and replacements. As the temporary suspension of services due to scheduled work is announced on the homepage of the Website in advance, users are recommended to visit and read the homepage frequently.
  • The Website may temporarily or permanently suspend services without any prior announcement or notice in the following cases:
  • If there is any urgent system checkup, extension, replacement, breakdown, or malfunction
  • If there is any force majeure event, such as national emergencies, blackouts, or natural disasters
  • If common carriers as stipulated in the Telecommunications Business Act suspend telecommunication services
  • If there is any delay in the use of normal services due to an overload of traffic during the use of services
  • In case of the suspension of services under Paragraph 2 above, the Website shall notify the Members of such suspension via prior notice. However, if the Website finds it impossible to make a prior notice of the service suspension caused by an uncontrollable cause, then a later notice or announcement shall be made in place of such prior notice.


Article 10: Termination of Use of Services

  • If the Members wish to terminate the user agreement with the Website, then they shall apply for the termination of their registration online. However, the termination of use of the Website shall be separately made from the termination of the user agreement.
  • As Website-related programs are automatically deleted on the Members Management screen, upon application for termination of the user agreement (or the use of services), the Operator may not be able to look at the information of the applicant for the termination of the user agreement anymore.


Article 11: Limitations on Use of Services

The Members shall not conduct any act that falls under any of the following. If the Members are found to have committed any such act, the Website may place restrictions on the use of services by the Members, take legal measures, terminate the user agreement, or suspend services for a specified period.

  • Registering false information upon signing up for membership or changing information so that it is false after signing up for membership
  • Hindering others from using the Website or stealing others’ information
  • Impersonating the management, staff, or related personnel of the Website
  • Infringing on the moral rights or intellectual property rights of the Website or any other third party or disrupting their businesses or operations
  • Fraudulently using another Member’s ID
  • Collecting, storing, and disclosing another Member’s personal information without its consent
  • Committing any act that is objectively believed to be related to crimes
  • Violating other relevant statutes


Article 12: Management of Postings and Images

  • The Operator shall be responsible for the management and operation of postings, materials, and images on both the Website and the App. The Operator will monitor and may delete faulty postings, issuing warnings to Members. Members are responsible for postings and images adhering to these Terms of Use.
  • If public institutions demand corrections to any posting, the Operator may delete or move such content without Member consent.
  • Criteria for determining faulty content include but are not limited to, insulting language, violation of public order, promotion of illegal activities, and infringement on the rights of others.


Article 13: Custody of Postings and Images

If the Operator suspends the operation of the Website or App due to unavoidable circumstances, then it shall make a prior announcement and make efforts to take all measures to ensure that all postings are easily transferred.


Article 14: Copyrights to Postings and Images

  • Intellectual Property Ownership: Members unequivocally acknowledge and agree that all materials, encompassing text, images, and other content, posted on both the Website and the App become the exclusive intellectual property of DIVEROID. By posting such materials, Members hereby grant DIVEROID an irrevocable, exclusive, worldwide, royalty-free license, with the right to sublicense, use, reproduce, modify, adapt, publish, translate, distribute, perform, and display the materials for extensive commercial purposes.
  • Scope of Commercial Use: Commercial use by DIVEROID includes, but is not limited to, marketing, promotions, advertisements, and any other revenue-generating activities. Members expressly waive all claims to compensation or royalties for the extensive commercial use of their posted materials.
  • Sublicensing Rights: DIVEROID reserves the unequivocal right to sublicense the aforementioned rights to third parties for commercial use. Members explicitly acknowledge and accept that their materials may be featured in various promotional materials, both online and offline, without requiring additional consent.
  • Moral Rights and Attribution: Members retain moral rights to be identified as the author of their materials. However, DIVEROID may use the materials without attributing authorship for commercial purposes, as long as it does not intentionally misrepresent the origin of the materials. DIVEROID shall exercise due diligence in maintaining the integrity of the authorship information when reasonably practicable.
  • Exclusivity and Irrevocability: Members acknowledge that the grant of rights to DIVEROID is exclusive, irrevocable, and extends beyond the duration of their membership. Even after termination, the rights granted for commercial use as outlined in this clause shall persist.
  • Legal Recourse: In the event of any dispute arising from the use of posted materials, Members understand and accept that DIVEROID's rights, as outlined in this clause, shall be upheld and enforceable under applicable intellectual property laws.


Article 15: Damages

  • The Members shall primarily bear all civil and criminal liability that arises within the Website.
  • If a Member suffers from any damage caused by force majeure events, such as natural disasters or its willful misconduct or negligence, then the Website may offer no compensation for damages.
  • If a Member aged 13 years or below suffers from any damage caused by force majeure events, such as natural disasters or its willful misconduct or negligence, then the Website shall promptly delete their information and offer no compensation for damages.


Article 16: Indemnification

  • If Members do not earn any profit from the rendering of services at the Website or if there arises any damage from the optional selection of service materials or use of services, then the Operator shall be fully and irrevocably relieved from all liability arising from the foregoing.
  • The Operator shall be absolutely and unequivocally relieved from any liability caused by any disruption in services at the Website or in telecommunication services offered by other carriers. These Terms of Use shall apply with the utmost force and effect to the damage caused in connection with the service base at the Website.
  • The Operator shall not, under any circumstances, be held liable for materials stored, posted, or transmitted by the Members.
  • The Operator shall not, under any circumstances, be held liable for any disruption in the use of services due to a reason attributable to the Members.
  • The Operator shall not, under any circumstances, be held liable for all activities, including data transmission and other community activities, between the Members, and between the Members and any third parties, regardless of whether such activities occur within the Website or through any outside services.
  • The Operator shall not, under any circumstances, be held liable for the authenticity, trustworthiness, and accuracy of materials posted or transmitted by the Members or all materials provided for the Members via the Website.
  • The Operator shall not, under any circumstances, be held liable for all damage which is caused by goods transactions between the Members, as well as between the Members and any third parties via services.
  • The Operator shall not, under any circumstances, be held liable for any disputes that occur between the Members or between the Members and any third party without a reason attributable to the Operator.
  • The Operator shall not, under any circumstances, be held liable for any damage suffered by the Members if such damage is caused by disruptions in systems that can occur without its willful misconduct or gross negligence. In this case, such misconduct can be considered similar to misconduct in the course of managing, checking, repairing, and replacing equipment, such as servers or operating software. The Operator is also not liable for any damage suffered by the Members if it is caused by any third party’s attack, the distribution of computer viruses for which any anti-virus/vaccines have not been developed by domestic or foreign prestigious research institutions or security-related companies, or force majeure events that cannot be otherwise controlled by the Operator.


Addendum

These modified Terms of Use, encompassing image posting, comments, ratings, and the incorporation of the App, shall take effect on 10th January 2024.