WaterMelon::The Beat Place To Get Beats

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1. Purpose

The purpose of these Terms of Services is to set forth rights, obligations, and responsibilities of the Company (“Vintage House”, “Watermelon”, “we”, “us”, or “our”) and Users/Members (“User/Member”, “you”, or “your”) in using Watermelon website(www.iamwatermelon.com), including Watermelon mobile applications and other related websites and applications (collectively, “Watermelon Services” or “Service”).

2. Definition
① “Service” refers to all services including relevant additional services provided by the website, mobile applications, and other related websites and applications
② “User” refers to “Members” and “Non-members” who have access to us and are provided with the services and contents by us. Users can use our services and contents under the terms of service.
③ “Audio file” refers to a digital audio file provided by us and “Member” can use it for their music
④ “Content” refers to all the beat, music, audio, artwork, video, picture, and other intellectual property contained on the website.
⑤ “Paid service” refers to the service a member can use under the condition of 1) member pays a certain amount of money to us, or 2) member accepts the terms of business or stipulation with us or the third party. However, a partnership service provided by others does not considered as a paid service, and these terms of service do not apply in this case.
⑥ “Payment” means paying a certain amount of money to us or the third party designated by us through various payment methods in order to use our paid service.
3. Posting and change of the terms and conditions
① We post this terms of service on our website so that members can read it anytime.
② We can make changes to the agreements unless we do not violate relevant laws such as Regulation of terms and conditions, Regulation of encouragement of information network and information protection (hereinafter Regulation of Information Network), Regulation of content industry, Regulation of consumer protection in electronic commerce, etc.
③ When we make changes to the agreements, we will post the revised terms and conditions on the website with the effective date and the reason for the changes. This notice will be posted from 7 days before the effective date to a considerable period after the effective date. Changed agreement becomes effective on the date of application. However, if the changed agreement has disadvantages for you, we will provide you with notice of the modifications by displaying it thirty (30) days before the effective date to a considerable period after the effective date or by sending you an email. 
④ If there is no intention to refuse the changed terms, we consider it as an acceptance of the changed terms since we clearly inform that not to notify your disagreement before the date of the changes considers as an acceptance. If you disagree with the changed terms, you should inform us between notifying date and effective date or you may terminate your account. 

4. Provision and change of the service
① We provide the following services
-	Streaming service and audio file
-	Download service for purchased audio
-	Email customer service center for your convenience

② We may change the content of an audio by the contract when there is a change in production or distribution of the audio.
③ If there is a problem with the service under the contract and any changes are required, we will notify you through email.

5. Scope of Service
The scope of service provided by Watermelon is as follows

① You can make a profit by making music and releasing it online/offline (concert, performance, exhibition, etc.) after purchasing a beat.
* In the case of Exclusive purchase, you can additionally make a profit by releasing an album which can be uploaded to online music stores and also be produced with CD.
② You can make a profit by placing advertisements on SSN (Social Network Service) such as YouTube, Vimeo, Podcast, Facebook, Instagram, Twitter, etc. or on personal broadcasting (Africa TV, YouTube Live, Twitch, etc.).
③ Personal artwork for non-profit purposes (non-profit graduation projects, plays, animations, exhibitions, movies, performances, etc.)
④ If you (an individual or organization) want to use our service for other purposes (applying to content production for commercial purposes such as music release, CD/DVD sales, TV/radio advertisements, movie/drama, posting in public places, etc.) rather than ①②③ above, you can use it only after paying extra fee with a special contract. 
⑤ Some restrictions apply when you use our service.
- You cannot transfer or duplicate any content to others (individuals, organizations, companies, etc.) 
- You cannot provide content to a third party through a network by posting and streaming independently
- You cannot resell any music or album which has duplicated, extracted, or edited content.
* Exclusive purchase is an exception
- You cannot resell any content as a used item in open markets.
- You cannot upload or disclose any content for sharing files to public (P2P sites, portal sites, etc.).
- You cannot sell any content after recording additional musical instruments
- In all cases, you cannot use any content as an embedded sound for hardware (digital devices, toys, smartphones, etc.) 

6. Obligations of the Company

① We make every effort to provide excellent service to all uses.
② We should have a suitable security system to make sure you can use our service safely.
③ We should make efforts to resolve complaints when the opinions are reasonable. In this case, we communicate with you through a bulletin board or other methods about the progress.
④ We comply with relevant laws and regulations such as 『Regulation of encouragement of information network and information protection』, 『Electronic Communications Privacy Act』, 『Telecommunications Business Act』, etc.

7. Obligations of the Members

① Members should not engage in any of the following activities.
- Registration false information when signing up or changing profile.
- Stealing information of others.
- Transferring or giving the right to use the service or the benefits of contract to another person
- Impersonating a company executive, employee, or staff, or steal related information of the company. 
-Change of information posted by the company
- Any infringement of intellectual property rights (copyright, trade secret, patent, etc.) of the company and any third parties
- Any act of threat, harassment, or reputational damage of the company, members, or any other third parties. 
- Posting sexual or violent messages, videos, voices, etc.
- Acquisition and use of information of other users by backing
- Any other illegal acts that violate the laws and regulations
② We can take appropriate actions, such as restriction/suspension of service use, termination of contract, prosecution for investigation, when you are engaged in any of prohibited activities.
③ You cannot transfer, give, lend, or provide as collateral the right to use the service or the benefits of contract to third parties unless there is explicit prior consent from us.
④ You should comply with relevant laws, policies, and regulations, and not engage in any activities that interfere with the business of the company.
⑤ You cannot be engaged in sales or advertising activities which are contrary to the policy of the company without prior permission from us. Also, you cannot infringe on the property rights, goodwill, or business model of the company.
⑥ Age-restricted contents is available for individuals aged 19 years or older (including those who reach 19 years of age in the year after January 1), and age verification is required based on 「Act on Promotion of Information and Communication Network Utilization and Information Protection」 and 「Youth Protection Act」. If you are not able to obtain age verification, you cannot use age-restricted contents.
8. Rights and responsibilities of postings
① You are responsible for all content (text, image, video, link, etc.) you contribute, in any manner, to the services.
② We cannot review all content posted by users and are not responsible for this. We do not guarantee the truthfulness, accuracy, or reliability of content posted, uploaded, or submitted to this site.
③ You allow us to use your content, including but not limited to beats, music, photos, videos, images for promotion purpose.
④ If you infringe any intellectual property rights of the company or a third party, you are fully liable for civil and criminal responsibilities under the copyright law.

9. Membership registration 

① You can apply for membership by completing our membership application form and by agreeing to our terms of services.
② Your membership is effective immediately after we approve your application.
③ If your information has changed, you need to notify us immediately by updating your profile or sending us an email. We are not responsible for any of your damage or loss caused by late update.

10. Notice to Members
 
① When we have a notification, It can be sent to the email address you gave us.
② When we have a notification, we post it on our ‘Community > Notification’ section or make a popup window for more than a week, and this can substitute for individual notice. However, we send a separate notice to the member when it significantly affects his/her transaction.

11. Disclaimer and Limitation of liability

① All the processes of copyright registration/dispute arising from transaction between members must be handled by buyer and seller who are the parties thereto. We are not involved in that process nor be responsible in any manner.
② If the company temporarily suspend the service (based on Article 4 ‘Provision and change of the service’-2), we are not responsible for any of your or a third party’s damage or loss.
③ We are not responsible for any problems caused by your fault while using the service.
④ We are not responsible for any damage or loss caused by you leaking or providing your personal information to others.
⑤ We are not involved in and not responsible for the transaction between you and the other companies that you can connect through our links or banners.
⑥ We do not guarantee the quality or validity of the contents provided by our member or third party, and the relevant member or third party has full responsibility for any transaction related to that content.
⑦ We can delete or modify the information about the content when there is a legitimate request. In this case, you cannot claim any damage or loss to us. 
⑧ We are not responsible for any damage or loss due to service suspension or change (based on Article 4 ‘Provision and change of the service’-2).

12. Miscellaneous

① If necessary, we may temporarily (or permanently) stop, suspend, or modify certain services or functions after notifying it on Watermelon website for a while.
② You may not assign or sell your rights and obligations under these Terms of Service to any third party without written consent.
③ In relation to this agreement, any notification (such as additional contracts, agreements, notifications which are based on consent, policy changes, amendment of laws or regulations, guidelines of government, etc.) we inform you through Watermelon website is also part of our terms of service. 
④ We have a customer center to collect your opinion or complaint about the service, to resolve your issues, and to resolve disputes between members. When your complaint or opinion is reasonable, we will promptly resolve the problem. If we need more time to resolve your request, we will inform you through email or phone with the reason and processing time.

13. Dispute Resolution

① We have a customer center to reflect your opinion and to compensate for damage or loss caused by that problem, and contact is made by email.
② When there is an e-commerce dispute between the Company and the User, and the User apply for aid, we can follow an adjustment suggested by dispute resolution agency.

14. Jurisdiction and governing law

① Any lawsuit regarding e-commerce disputes between the Company and the User is based on the address of the User at the time of filing. If there is no address, it is replaced with the exclusive jurisdiction of a local district court. However, if the address or residence of the User is not clear at the time of filing, or the User is a foreign resident, then he/she should submit the litigation to the competent court under the Civil Procedure Act.
② Any litigation/lawsuit regarding e-commerce disputes between the Company and the User is governed by the laws of Republic of Korea.

Addendum (Effective Date)
This agreement is effective as of November 25, 2019.

I have read and agree to the terms of service

Privacy Policy

VintageHouse (“Company”, “Watermelon”, “us”, “we”, or “our”) takes care of your personal information, and we follow the 「Act on Promotion of Information and Communication Network Utilization and Information Protection」. This privacy policy sets out how we use and protect any personal information that you give to us. We will notify you through the website (or individually) when there is any change in privacy policy.

■ Items of personal information to be collected
We collect your personal information in order to provide membership registration, communication, and service application, etc. Here are the types of personal information we collect:
Ο For General Member: nickname, sign in ID, password, phone number, email address, history of service use, access log, access IP information, payment history
Ο For Musician: name, nickname, date of birth, gender, sign in ID, password, phone number, email address, history of service use, access log, access IP information, payment history
Ο Method of collection: Homepage (Membership registration), written form

■ Purpose of collection and use of personal information
 We use your personal information for the following purposes:
Ο to fulfill contractual obligations for providing service
Ο to offer payment details for providing service
Ο to provide purchase/delivery details and billing address of products or services
Ο to manage membership: Identity verification, age verification, consent of a legal representative of member under age 14, notification
Ο for marketing, promotion, and advertising: frequency of login, usage data

■ Retention and use period of personal information 
Your personal information is destroyed without delay after the purpose of collection is achieved.

■ Destruction of personal information 
We destroy personal information after the purpose of collection is achieved. Data destruction process and method are as follows.
ο Destruction process
Your personal information is transferred to a separate DB (or a separate document box for a written form) after the purpose of collection is achieved and destroyed after being stored for a certain period of time in accordance with internal policy and related laws(Refer to “Retention and use period of personal information”). The personal information transferred to a separate DB is not used for any other purpose except for storage, unless otherwise required by the law.
ο Method of destruction
Personal information stored in the form of electronic files is deleted using technological methods that prevent its restoration.

■ Provision of personal information 
In principle, we do not provide your personal information to third parties. However, the following exceptions apply:
-	When you agree in advance
-	In accordance with the provisions of the law, or when there is a request from an investigative agency according to procedures and methods prescribed by the law

■ Consignment of collected personal information
We do not provide your personal information to third parties without your consent. If such a need arises, we will notify you about the consignee and work to be consigned, and get your consent in advance.

■ Rights of users/their legal representatives and how to exercise them
Users and their legal representatives (for users under the age of 14) can always review or change their registered information, and request membership termination.
In order to review or change personal information, go to ‘Mypage > Profile’ and click ‘Edit’, and to terminate your membership, go to ‘Mypage > Profile’ and click ‘Delete My Account’. You can review, change, or terminate your information after verification process. Also, you can contact the person in charge of personal information management by post, phone, or email, then we will take action without delay.
 When you request correction of errors in your information, we do not use or provide your personal information until the correction is completed. If incorrect information has already been provided to a third party, we will amend it with the correct details immediately and notify it to the third party.
Personal information that has been deleted as your request is process in line with the section referring to the “Retention and use period of personal information” and cannot be accessed or used for any other purpose.

■ Automatic information collection system
When you visit our websites, we may collect information from you automatically through cookies or similar technologies. Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. We use cookies for the following purposes.

▶ Purpose of using cookies
After figuring out your preference, interest, and activity history by analyzing your access frequency or visiting time, we can provide you personalized service and deliver tailored advertising. You can choose to allow cookies or refuse its use. Therefore, you can 1) allow all cookies, 2) check each time a cookie is saved, or 3) refuse to save all cookies, by setting options in your web browser.

▶ How to refuse cookies
[Example] There are 3 ways to manage cookies by setting options in your web browser. 
1) Allow all cookies 
2) Check each time a cookie is saved
3) Refuse to save all cookies
[How to manage]
1) Internet Explorer: tool > internet option > personal information > personal setting
2) Chrome: setting > advanced setting > cookies and other site data
However, if you do not accept cookies, you may not be able to use some portions of our services.

■ Contact us
We have a personal information manager to protect your information and to take care of your complaints related to personal information.
Manager: Jung Jun-Young
Phone number: 010-9068-9035
Email: iamwatermelon@daum.net
You can report any complaint regarding personal information protection while using our service to our personal information manager. We will adequately respond to you without delay.
If you need to report or ask about infringement of personal information, please contact the following institutions.
1. Cyber Crime Investigation Division, Supreme Public Prosecutors' Office (cybercid.spo.go.kr)
2. Cyber Terror Response Center in the National Police Agency (www.ctrc.go.kr/02-392-0330)

I have read and agree to the privacy policy

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