Welcome to Earthtory.com(hereinafter "Earthtory" or "the company") web/mobile services. This service is provided to the users to help them attain and share travel information. This service is provided to the users under the condition that they accept the provisions and terms without revision. “Users” or "You" refer to all people that use the service including members.
Accessing or using the service through any method means that the users agree with these terms and conditions. Please read the following articles thoroughly. If you do not agree with any of articles below, you cannot use this service. Please visit this page regularly and check the latest version of terms and conditions. The company has the right to change or revise the terms and conditions within the boundary of the related laws. If you keep accessing and using this service, that means that you accept the renewed or revised terms and conditions.
The users of Earthtory(web/mobile) do not pay any fee when they use the services. However, Earthtory has links to 3rd party websites that are operated and owned by travel service providers or retailers. Such 3rd parties might charge fees for the contents and services they provide.
Therefore, you need to check before you make deal with the 3rd parties. This service provides information regarding those fees only for the users’ convenience and reference. The company is not responsible for the information, contents and service provided by the 3rd parties in any case.
Article 1 (Objective)
Article 2 (Definition of Terms)
1. Service: refers to all the internet services provided by the company to the users through various wire/wireless devices or programs such as PC, TV, cell phone, etc. The service also includes programs and services developed or constructed by third parties using the API provided by the company and provided to the users or members of the company.
3. ID: refers to the combination of letters and numbers that are provided by members and authorized the company upon joining the website in order to identify them and use the services.
4. Password: refers to the combination of letters and numbers decided by members to protect their information.
5. Domain: refers to a distinct internet address registered by the member and authorized by the company to use the service. The company additionally provides a separate domain address depending on the service.
6. Posts: refer to any file of code (including URL), text, voice, sound, video, and image uploaded by members on the company’s service.
Article 3 (Validity and Change of Terms)
2. The company can change these terms within the boundary of respecting the related laws.
4. Members need to fulfill their duties as specified in the changed terms. The company is not responsible for any damages incurred from the members’ ignorance of the changed terms.
Article 4 (Other Regulations)
2. When the issues not specified in these terms are stipulated in the related law, the company and members follow those regulations.
Article 5 (Concluding Contracts)
2. By principle, the company approves requests in accordance with the order of registration. The company can defer the approval of requests for a specific period of time in case of administrative or technical problems.
3. Earthtory is not for children under the age of 14. To sign up and use Earthtory service, users should be older than the age of 14.
4. The company can disapprove or cancel the requests in following cases:
- When an applicant had lost his/her membership in accordance with these terms in the past;
- When an applicant used a third person’s email account;
- When an applicant put in false information or did not provide the required information;
- When an applicant wishes to use the service for illegal or unjust purposes;
- When an “applicant for membership” cannot be approved due to reasons attributable to the applicant or is breaching the provisions or regulations;
- When it is judged that the applicant is not appropriate for the company’s policies;
- When the applicant might violate the property rights or business rights of the company by using the service;
- When an applicant is creating multiple/mass IDs and domains through using abnormal methods.
- When a child under 14 years old signs up without the consent of his/her legal representative.
5. Members can ask to close their accounts and revoke the contract any time.
6. Members should update their information if there has been a change of it. The company is not responsible for any damage incurred by not updating their information.
Article 6 (Obligation to Protect Personal Information)
2. Once a member stops using services or revokes his/her agreement to provide personal information, the company should promptly destruct the member’s personal information. However, the company can keep specific information as specified by the Consumer Protection Law on Online Business and the related laws.
3. The company can collect additional personal information with the consent of members in order to improve services or introduce services to members within the boundary of the related laws.
4. The company does not expose or provide members’ personal information including their account information to the 3rd party without their consent, unless there are specific regulations for it.
5. The company can provide users with links and other methods to allow them to use their account information so that they can conveniently use new services which are to be provided in the future.
Article 7 (Member’s ID and Password)
1. Members are responsible for managing their own ID and password.
2. Members should not let a third person to use their ID and password.
3. The company is not responsible for any damage incurred from the mismanagement of ID and password, including the false use of 3rd parties.
4. When a member is aware of the fact that his/her “member’s ID” is being used fraudulently or by a third person, the member should immediately report it to the “company” and follow the company’s instruction.
Article 8 (Obligation of the Company)
1. The company forth its best effort into providing continuous and stable services.
2. The company should have a security system appropriate for the current internet security technology and the characteristics of the service the company is providing in order for members to safely use the service.
3. The company should take care of the justifiable opinions or complaints submitted by members regarding services. Regarding the opinions and complaints raised by members, the company notifies members of the procedure and results via bulletin board or email.
4. The company complies with the laws related to the operation and maintenance of the services, such as the law regarding the promotion of information and communication network use and protection of information, Communication Privacy Act, and Telecommunication Business Act.
Article 9 (Obligation of Members)
1. Members should not partake in the following action:
- Providing false information upon applying for membership or changing their information;
- Stealing and using other people’s information;
- Impersonating the operator, staff, or the company;
- Changing the information provided by the company;
- Violating the intellectual property rights (copyright, business secret, patents, etc) of the company and other 3rd parties;
- Insulting, threatening, or damaging the honor of the company, members, and other 3rd parties;
- Posting obscene or violent messages, video clips, voice clips, and other information against public morals;
- Obtaining other users’information through hacking;
- Other illegal or unjust acts.
- Using the company′s contents commercially without its consent; reading, monitoring and copying the company′s contests or information using any means such as robot, spider, scraper and etc.
2. The company can take appropriate measures, such as limiting the services (revoking the contract or stop providing services to the corresponding person) or taking legal actions, upon a member′s violation of any of the above depending on the gravity of the violation.
3. Members cannot transfer, give, or lend their rights to use the service and status as a member to a third person without the consent of the company. They cannot provide them as a security as well.
4. Members must observe the law, this policy, precautions regarding use guidance and service, notices that the company sends, and must not do any actions that disturbs other businesses of the company.
5. Members cannot do any business/advertisement activity on the service against the objective and method of the company without the consent of the company. Also, members should not violate the property rights, business rights, and business model of the company with their service uses.
Article 10 (Provision and Change of Services)
1. The company can temporarily stop the service when there are operational problems such as maintenance and repair, replacement and breakdown, and communication interruption. In such case, the company notifies the members via notice board and email. Under inevitable circumstances, the company can make announcement later.
2. Unless otherwise the company signs a separate written contract with members to grant them with explicit rights to use the service and brand characteristics of earthtory.com (web/mobile), members do not have the rights to use the name, mark, service mark, logo, domain name, and other identifiable brand characteristics of the company or the service.
3. Forms and functions, and designs of the services provided by the company can be changed or stopped whenever needed. In such case, the company does not notify members in advance. However, when judged to be unfair to members, it will be notified via email.
4. In case of change and stoppage in service stated above, compensations are not made for free contents and services.
Article 11 (Publication of Advertisement)
1. The company can publish advertisement using the information put in by members. Members agree with the customized publication of advertisement that appears when using the service.
2. The company is not responsible for loss and damages that are induced as members participate in or make deal with the promotional activities of the advertiser through the service.
Article 12 (Provision of Information through Email)
1. The company can provide diverse information required for using the service to members through the email addresses provided by members.
2. The company can send advertising email using members’information for the operation of the service. Members can reject receiving such emails at any time by visiting the service page or account settings page.
3. The company can send emails without the consent of members for the following cases:
- When sending a verification email to verify the email account upon joining membership;
- When sending a verification email to confirm the change of the member′s information;
- When notifying important information that are crucial for providing services.
Article 13 (Restriction of Services)
1. In case of natural disasters or state of national emergency, difficult technical error, and other inevitable circumstances, the company can stop or restrict parts or all of services without making announcement.
2. The company is not responsible for conflicts among members appeared while using the service.
3. When there is a damage to a member in using service from the leakage of ID and password due to the member’s mismanagement, or when a member violates any of the member’s obligation (such as unjust use by a third party, etc), the corresponding ID and domain might be restricted.
4. While investing the violation of article 9, if a certain ID and domain are directly related to the violation, the company can temporarily stop the use of the corresponding ID and domain to protect other members’ rights and benefits and maintain orders within the service. The corresponding member can file an objection on the website or via email.
Article 14 (Rights and Responsibility for the Posts)
1. The members have the right of and are responsible for the text, image, video clip, link, and other information (hereafter “posts”) they uploaded in the service.
2. The company cannot monitor or manage the contents uploaded by members and is not responsible for those contents. The company does not guarantee the validity, authenticity, and accuracy of the contents uploaded by members.
3. The copyright and intellectual property of the service and contents provided by the company are vested in the company, except for the contents that are provided solely, or jointly by members and by the cooperated party with the company. Copying, sending, duplicating, publishing, posting or distributing any part of contents of the company is prohibited without prior authorization from the company.
4. The posts uploaded on the service by members can be used for search engine results and promotion or operation of the service in media, homepage, and other methods (including those to be developed in the future) and might be partially revised, copied, or edited as necessary. In such case, the company abides by the copyright regulations and members can delete, exclude the posts from search engine results, or make the posts private on the service settings or through customer center.
5. When a member closes his/her account, all the posts recorded in that person’s domain will be deleted, except for officially published posts or the jointly-created posts, which will be remained on Earthtory service and the joint creator’s domain. As for the posts that are kept by 3rd parties or illegal reproduction, the company does not bear any liability for them. In addition, the company can keep the ID and information of the member that violated these terms and related laws even after the member withdrew from the membership within the range of the related laws allow, in order to protect other members and to use them as a proof in case the court, investigation authority, or related agencies require them.
6. When a member’s post violates the copyright or intellectual property rights of the company or any 3rd party, the member undertake the civil and criminal responsibility entirely.
Article 15 (Management of Posts)
1. When a member’s post contains contents that violate Information Communications Network Act and the related laws, a rightful person can ask the member to stop posting or delete the corresponding post in accordance with the procedure stipulated by the related law. The company should take appropriate measures in accordance with the related laws.
2. The company can take temporary measures regarding specific posts without the request of a rightful person, if the posts violate the rights of others and the company’s terms and related laws.
3. The closed posts cannot be viewed by anyone including the company. However, the company and others can access the closed posts upon the request of the court, investigative authority, or other administrative agencies.
4. Posts that include racy contents, causing any damage in other′s asset(e.g. computer virus and etc.), invasion of privacy, discrimination, encouragement of illegal act, false contents, filthy language, smear words, distortion, threats, or obscenity can be revised, deleted, or blocked by the company without a prior notification.
Article 16 (Cancellation and Termination of Contract)
1. Members can always apply for termination of contract and the company should immediately take action as specified in the related laws.
2. A member can request for service stoppage via service page or email if he/she wishes to stop using the service. The company should immediately take action upon the request as specified in the related laws.
3. When a member violates the obligations of users stipulated in article 9 or hampers the operation of the service, the company can limit the member’s member status and terminate the contract, or stop the member’s service for a specific amount of time after making an advance notice.
4. Despite the clause above, when a member violates the related laws (providing illegal programs and interrupting business in violation of copyright law and Computer Program Protection Act; distributing illegal communication, hacking, or malicious programs in violation of information communications network act; unauthorized access above the rights to access, etc), the company can immediately and permanently suspend his/her from the service.
5. When a member does not use the services for more than 3 months, the company can restrict the use of the member on the ground of personal data protection and operational efficiency.
6. Members can follow the procedure regulated by the company and appeal the service restriction. If the company approves that the appeal is justifiable, the company should immediately recover the use of service.
Article 17 (Use of Third Party Sites)
Article 18 (Limit to Liabilities)
2. The company does not guarantee the credibility and accuracy of the information and data posted through the service.
3. When members make deals among members or with 3rd parties with services, the company bears no responsibility.
4. Unless a special regulation exists in the related laws, the company is not responsible for the use of free services and free contents.
5. When the company cannot provide services due to natural disasters, war, the service stoppage by a key telecommunication business provider, verification error in the service provided by a 3rd party, difficult technical problems or unavoidable conditions, the company is exempted from liabilities.
6. When the server is stopped or disabled due to inevitable circumstances such as repair, replacement, regular check-up, and construction that were notified in advance, the company is exempted from liabilities.
7. The company is not responsible for any damage on the computer system or loss of data or information that were induced while a member downloaded or accessed a certain program or information through the company’s service.
8. When a damage is incurred as a telecommunication business provider stops or does not provides the telecommunication service, the company is exempted from liabilities.
9. The company is not responsible for any damage resulted from the member’s computer error, inaccurate personal data and email address, or mismanagement of password.
10. For the security problems that are not within the boundary of the member’s computer environment or company’s management, the company does not bear any liability. The company is not responsible for any problem that is not vested in the company, such as the hacking of network that cannot be prevented with the current security technology.
11. The company does not guarantee and is not responsible for the accuracy, contents, completeness, legitimacy, and authenticity of important information provided by the service. The company is also not responsible for the deletion of a site, failure in saving, false leading or information. Furthermore, the company is not liable for the contents (authenticity, completeness, quality, etc) of the information and data uploaded or transferred by members on the service or website.
12. The company is not obligated to involve in any conflict between members or member(s) and a 3rd party regarding the service. The company also has no liability of compensate for the loss occurred by those conflicts.
13. The company is not responsible if a member did not get the expected utility using the service. The company is exempted from liabilities, as for the damages resulted from choosing or using the service.
14. The company is not obligated to evaluate the posts before members upload them or to confirm or review the contents. The company is not responsible for the results of the contents of the posts.
Article 19 (Applicable Laws and Jurisdiction)
1. Lawsuits made between the company and member(s) will be based on the applicable laws of Republic of Korea.
2. Lawsuits regarding conflict between the company and member(s) will be under the competence of the court of the Civil Proceedings Act.