Article 1 (Objective)
The purposes of these terms and conditions are to regulate rights, obligations, responsibilities and other necessary matters in relation to the usage of Lysn services provided by Dear U Co., Ltd. (hereinafter, referred to as 'the company').
Article 2 (Definition)
① Definitions of terminologies used in these terms and conditions are as follows.
1. 'Services' refers to the Lysn services (hereinafter, referred to as 'Services') to be used by 'members' through any devices (including wired and wireless devices such as PC, TV or mobile devices, etc.).
2. ‘Members’ refers to users who access the ‘Services’ of the Company, enter into a contract with the Company in accordance with these Terms, or use the Services provided by the Company. 'Members' are divided into 'Regular Members' and 'Minor Members' as specified in the following section, and 'Regular Members' and 'Minor Members' are collectively called 'Members':
A. 'Regular Members': 'Members' who are 14 years of age or older and able to use the 'Services’
B. ‘Minor members': ‘Members’ who are under 14 years of age and who have the consent of a legal representative (or guardian)"
3. 'Lysn account' refers to a login account necessary for using the 'services' based on email address and password. Lysn account may be required for some 'services'.
4. 'Paid service' refers to various 'contents” and other services ('coins', tickets, items, etc.) provided by the 'company” for a fee. 'Paid service” includes a subscription product that allows using certain 'content” on a regular monthly basis, a fixed-term product that allows using a certain 'content' for the desired period, items that can be used in a certain 'content,” and certain features that are activated within the 'service.” Details on the 'paid service' are elaborated on the description page, and the 'service” can be used according to the information on the corresponding page.
5. 'In-App Purchase' refers to payment activities to purchase digital contents in the services.
6. 'Open market business' refers to companies to provide e-commerce service providers (including providers for in-service payment service) that provide installation and payment of our services. (e.g. Google Play. Apple App Store, etc.)
7. 'Post' refers to texts, photos, videos, files and links in the form of signs, texts, voices, sounds, images and videos posted on 'Services' by 'members'.
8. 'Contents' refers to texts, photos, videos, files and links in the form of signs, texts, voices, sounds, images and videos provided to members by the company through these services.
② The definitions of terminologies used in these terms and conditions follow relevant laws and regulations and other general commercial practices except the definitions specified in Paragraph 1.
Article 3 (Posting and amendment of terms and conditions)
① 'The company' posts the contents of these terms and conditions, company name, location of business places, name of representative, business registration number, contact information (telephone, fax, email address, etc.) in the Lysn service in order for 'members' to notice. Provided, however, the details of these terms and conditions only can viewed to 'members' through connected pages.
② 'The company' may amend these terms and conditions within the range that does not violate relevant laws such as 'Regulation of Standardized Contracts Act', 'Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter referred to as 'Act on Information and Communications Network')', 'Act on the Protection, ‘Content Industry Promotion Act’, Use, etc.
③ In case when 'the company' amends these terms and conditions, it shall state the date of application and the reason of amendment, together with the existing terms and conditions, and publish them in the form of Paragraph 1 from 15days prior to the day before application of amendment. Provided, however, if any amendments are unfavorable to members, then it will be published 30 days before the effective date, and it will also be clearly notified again through electronic methods including email, electronic message in 'services' or consent screen when using paid services, etc. for certain period of time.
④ If 'members' use the 'services' of 'the company' continuously after the published effective date in the previous paragraph, it will be considered that the members agree to the amended terms and conditions. If any 'members' do not agree to the amended terms and conditions, the 'members' may freely terminate the 'services' agreement anytime. If 'member' using 'paid service' do not agree to the amended terms and conditions and terminate the service agreement, then the refund policy related of 'the company' in relation to fees that already has paid will apply.
Article 4 (Interpretation of terms and conditions)
① 'The company' may have separate Terms of Conditions of Use and Policies (hereinafter 'Terms of Service for Paid Service, etc.') for paid service and individual service. If the contents conflict with these terms and conditions, then the 'Terms of Service for Paid Service, etc.' will prevail.
② Any matters and interpretations not specified in these terms and conditions shall follow relevant laws or commercial practice.
④ These terms and conditions may be provided in Korean, English and some other languages for convenience of users. If any translated terms and conditions are different from the Korean version of these terms and conditions, then Korean version of terms and conditions will be preferably interpreted and applied.
Article 5 (Sign-up)
① For sign-up process, a person who wishes to become a 'member' (hereinafter, 'applicant for membership') shall enter member information in the form designated by 'the company', and consent to the terms and conditions and complete the authentication process with telephone number in order to apply membership. And when the company approves the application, the sign-up for membership is completed.
② 'The company' will generally accept the application of the 'applicant for membership' and approve the use of 'service'. Provided, however, 'the company' may not accept the application or terminate the service agreement later in the following cases.
1. In case any applicant's membership was permanently suspended before under these terms and conditions, Provided, however, if the members obtain approval of 'the company' for rejoining, it will be exceptional.
2. In case any applicants use the name of other people
3. In case any applicants enter false information, or not enter information required by 'the company'
4. In case any children under 14 do not obtain approval of legal representative (parents, etc.)
5. In case it is impossible to approve due to any faults of users or the application violates any regulations
6. In case the 'services' are used wrongfully or used to pursue profits in the ways other than purposes or methods specified by 'the company'
7. In case the application violates related laws and regulations or commits offenses against public morals or fine customs
8. In case the application violates these terms and conditions or it is confirmed that the application is illegal or wrongdoing, and 'the company' reasonably determines that it is necessary
③ 'The company' may request to verify real name and identification through institutions by the types of 'members' in the application specified in Paragraph 1, 2 and 3.
④ 'The company' may hold off the approval when facilities related to services are not sufficient or there is any technical or operational issues.
⑤ If the application for membership is not allowed or held off according to the prior paragraph, 'the company' shall generally notify it to the applicant for membership.
⑥ 'The company' may apply differentials on usage hours, number of usage and service menu for 'members' by grades of membership under the company’s policies.
⑦ 'The company' may put a limit on use or restriction for 'members' by grades and age pursuant to the 'Promotion of the Motion Pictures and Video Products Act' and 'Juvenile Protection Act', etc.
Article 6 (Special Rules Regarding Use Agreement for Minor Members)
① Minor Members shall cooperate with the Company for the Company to obtain consent from Minor Members’ legal representative (or guardian) prior to using the ‘Services’. If the Company does not receive a consent of the legal representative in accordance with the procedure set by the Company, Minor Members shall not be able to use the 'Services'.
② In order to express consent to the use of the ‘Services’ of ‘Minor Members’ described in the preceding clause, the legal representative (or guardian) shall deliver the consent by means of a text message on a cell phone or the like as instructed by the Company. When the agreement is concluded, the Company shall notify the legal representative of the records and details of the agreement.
③ A legal representative (or guardian) may withdraw his / her consent at any time by contacting the Service Center of the Company.
Article 7 (Changes in Member Information)
① 'Members' can read and amend their personal information anytime through 'My profile' in 'Services'. However, email account cannot be amended, and terminal ID No. (device ID or IMEI) and telephone numbers used for 'service' management only can be amended upon the procedures determined by 'the company' such as device change and re-authentication after changing telephone number.
② If any information entered when applying membership are changed, 'members' may amend within the 'service' or notify 'the company' of the changes through email, etc.
③ If any disadvantages occur since members do not notify the changes specified in Paragraph 2, 'the company' is not responsible for that.
Article 8 (Obligations to protect personal information)
Article 9 (Obligations on the management of member accounts)
① 'Members' are responsible for the management of the 'account' of 'members', and they shall not allow any third parties to use it.
② If there is any concern/event of leakage of information for certain 'account', then 'the company' may restrict usage of such 'account'.
③ If 'account' is hacked or 'members' acknowledge that any third parties use their account, then it shall be immediately notified to 'the company' and the 'members' shall follow the instructions of 'the company'.
④ In case of the Paragraph 3, if 'members' do not notify the 'the company' of the fact, or even though it is notified to 'the company', any disadvantages occur since the members do not follow the instructions of 'the company', then 'the company' is not responsible for that.
Article 10 (Notification to 'members')
① In case 'the company' notifies 'members', it may be notified to email address or official message in the services unless otherwise specified in these terms and conditions.
② In case of notification for all 'members', 'the company' can post it in the 'Notice' on 'services' for more than seven days and it can replace the notification specified in Paragraph 1. However, any matters that significantly affect to the transaction of any members will be notified individually.
Article 11 (Obligations of the company)
① 'The company' do not conduct any action prohibitied by these terms and conditions or an offense against traditional custom, and makes best efforts to provide 'services' continuously and stably.
③ If 'the company' admits that any opinions or complaints from 'members' related to the 'services' are reasonable, then it shall address the issues. The process and result of addressing opinions or complaints raised by members shall be delivered to 'members' through bulletin board or email.
④ If any damages occurred to users due to wrongful presentation or advertisement specified in Article 3 of 「Act on Fair Labeling and Advertising」 for products or services, then 'the company' shall compensate this.
⑤ 'The company' does not send any advertisement email for profits if users do not want to receive them.
Article 12 (Member’s obligations)
① 'Members' are not allowed to do followings.
1. Registration of false information when applying or changing
2. Illegal use of others’ information
3. Changing information posted by 'the company'
4. Collecting personal information and account information of other 'members'
5. Any acts to use the services to transmit advertisement for profits without prior consent of 'the company'
6. Any acts to copy, disassemble or emulate the 'services' through reverse engineering, decompiling, disassembling and other processing activities
7. Any acts to interrupt normal 'services' of the company by creating heavy load on the server of 'the company' by using the 'services' in a different from normal usage method (e.g. Automatic connection program, etc.).
8. Any acts to grant access authority to any other third parties
9. Infringement of intellectual property rights of the third party including copyrights of actors, artists and influencer (hereinafter referred to as ‘ARTIST’) in 'the company' and services
10. Any acts to defame the reputation of 'the company' or any third party or interrupt businesses
11. Any acts to disclose or post obscene or violent messages, video, audio or other information that are offensive against public order and good morals
12. Any acts to use the 'services' for profits without consent of 'the company'
13. Any other illegal activities or wrongdoings
② 'Members' shall observe related laws, regulations of these terms and conditions, instruction for use and cautions notified in related to 'services', and notifications of 'the company', and shall not conduct any acts interrupting the business of 'the company'.
Article 13 (Provision of 'Service', etc.)
① The company currently provides following services to 'members'.
1. Messenger service (general chatting, open chatting and etc.)
2. Services (chatting with ARTIST, etc.) engaged with ARTIST (‘The definition of 'ARTIST' shall be in accordance with Article 11-9.)
3. Any other services additionally developed by 'the company', or provided to 'members' through affiliate agreements with other companies
② The company may request authentication through mobile phone, sign-up process in order to provide the 'services'.
③ The company may divide the 'services' by certain ranges, and designate available time by each range separately. Provided, however, the details are noticed in advance in such case.
④ 'The company' may temporarily suspend provision of 'services' if there is maintenance, replacement, breakdown or communication interruption, etc. of information and communication facilities like computers etc., or in case of other reasonable cause regarding the operation. In this case, 'the company' shall notify 'members' in the method specified in Article 9 [Notifications to members]. Provided, however, if there is any reason that 'the company' cannot notify it in advance, it may be notified later.
⑤ 'The company' may conduct regular checkup if necessary for the provision of the 'services', and such regular checkup hours shall be notified on the 'services' screen.
Article 14 (Change in 'Service')
① 'The company' may change or suspend the whole or part of 'services' provided for the operational and technical necessities, if there are significant reasons such as difficulties in providing 'services' and decrease of profitability due to decreased usage, deteriorated profitability, necessity for transformation to next generation 'service' because of technical advance, changes in company's policies in relation to provision of 'services'
② 'The company' may amend, suspend or change the whole or part of 'services' provided for free when it is necessary for the policies and operation of the company, and it does not compensate the 'members' separately unless otherwise there is any special rules in any relevant laws. This also applies to paid service and contents, etc. provided for free.
③ If any contents, use method and hours of 'services' have been changed or 'services' are suspended, The contents, reason and date of the 'services' to be amended or suspended will be notified for a certain period in a manner that 'members' can fully acknowledge such as 'Notification' screen in the 'services' or other official message, etc. before the change or suspension.
Article 15 (Provision of information and advertisement)
① 'The company' may post information related to the 'services' on the Lysn services screen, Lysn message and its homepage, etc.
② 'The company' may publish advertisement of the company or any third parties in these 'services'.
③ These services may include 'services' or 'contents' provided by other businesses affiliated with the company. The businesses providing these 'services' or 'contents' have responsibilities on the services or contents, and the Terms of Conditions of Use prepared by the businesses may be applied.
Article 16 (In-App payment and refund)
In-App payment and refund will follow the Terms of Conditions for Paid Services.
Article 17 (Copyrights of members’ 'posts')
① The copyrights of 'posts' posted by 'members' in the 'services' will be protected by the Copyright Act. Members' shall provide worldwide, permanent, non-exclusive and free licenses to 'the company' to use the 'posts' as follows. The scope of use and allowance of the licenses above is as follows.
1. Using, editing, saving, copying, revising, transferring, exhibiting, publicly demonstrating, publishing and distributing 'posts' by the company and subcontractors in order to operate, improve and enhance 'services', and develop new services
2. Creating and distributing edited works, secondary works of 'posts'
3. Providing it to report or broadcast the contents of the 'posts' to mass media or communication companies upon consent of the members for the purposes of promotion for the company or 'services'
4. The company uses 'posts' as search result in the 'services'
5. Using it for promotion materials such as IR
② Despite of the preceding Paragraph, if the company uses the posts of 'members' for commercial purposes (e.g. Providing posts to third parties and receiving monetary consideration) other than the purposes specified in the preceding Paragraph, then it has to obtain consent of the user in advance
③ 'Posts' in these 'services' may have editing function for various 'members' to transfer, revise or delete it. At this time, 'members' allow other 'members' to use and edit their 'posts'.
④ Even though 'members' terminate the agreement of use or the agreement is terminated by Article 19, the licenses shall survive within the range to operate, enhance, improve and promote 'services', and develop new services.
⑤ If 'the company' integrates services operated by the company based on 'service' operating policies, changing the location of posting 'posts' or sharing between services can be elected to provide services without of changing the contents of 'posts', and this shall be notified in advance.
Article 18 (Management for 'posts' of members)
① 'Posts' of 'members' shall not infringe rights such as the copyrights of the third party without prior consent. The company shall not be responsible for any infringement of copyrights and damages occurred to third parties due to this. If the 'posts' of members include any contents violating relevant laws including 'Act on Information and Communications Network' and 'Copyright Act', etc., Right holders may request to suspend posting of the 'posts' and delete it according to procedures specified in any relevant laws, and 'the company' shall take actions pursuant to any relevant laws.
② Detailed procedures according to this Article shall follow the 'Request to suspend posting service' prepared by 'the company' within the range specified in the 'Act on Information and Communications Network', 'Copyright Act', etc.
③ 'The company' may refuse or delete some 'posts' pursuant to relevant laws, if there are some factors to be acknowledged as infringement of rights or the posts violates any policies of the company and relevant laws, Even though there is no request of the right holders specified in preceding Paragraph for that, the company can take the actions. However, 'the company' has no obligation to review all the 'posts'.
1. In case the posts put an offense against public order and good morals, or laws. (e.g. Obscene or violent contents)
2. In case of damaging others’ reputation
3. In case the posts maliciously slander and defame the 'services' or 'stars' repeatedly
4. In case portrait rights and intellectual property rigts are infringed
Article 19 ('Services' Ownership of Rights)
① All rights such as copyrights and intellectual property rights for the 'services' belongs to 'the company'. However, the 'posts' of 'members' and creative works of the third party provided according to affiliate agreement will be excluded.
② All copyrights and other intellectual property rights for all trademarks, 'service' mark, logo, etc. related to the 'services' provided by 'the company' such as design of 'services' provided by 'the company', texts made be 'the company', script, graphic, transmission between 'members' shall be owned by 'the company' or 'the company' has ownership or use right pursuant to the laws in Korea and other foreign countries.
③ 'The company' is non-exclusive and not possible to grant and re-permit regarding the 'contents' provided by the company, and provides users right of use limited to purpose using this 'Service'. If customers use any contents with separate service condition, such as usage fees and usage period, the customers shall follow the Terms of Conditions of Use. Even though the services indicate ‘Purchase’, ‘Sales’ on the screen, Intellectual property right and other rights regarding these contents provided to customers are not transferred(yielding, etc.) to customers, and only use right is granted to the customers.
④ 'Members' cannot copy, transfer or distribute texts, script or graphic created by 'the company' between members or to non-members in the matter not allowed in the service except the contents clearly allowed to do so. This also applies to using, copying, transmitting or distributing information about 'members' obtained from the services for profits
Article 20 (Termination of membership, etc.)
① Termination by 'members'
1. 'Members' can terminate the agreement of use any time through settings screen in the 'services'.
2. The 'members' who have terminated the agreement, may sign up again as 'members' pursuant to the regulations specified by 'the company'.
② Termination by the company
1. 'The company' may terminate the agreement of use in case any of the following reasons occurred to 'members'.
A. In case members infringe any rights, honors, credits or legitimate profit of 'the company', other 'members' or third parties, or commit an offense against Korean laws or public order and good morals
B. In case members conduct any actions to promote distrust with any unconfirmed facts for 'goods, etc.' sold by 'the company'
C. In case members conduct actions or try to interrupt smooth operation of 'services' provided by the company
D. In case it is determined that refusal of providing 'services' is necessary based on reasonable judgment of 'the company'
2. The agreement of use will be terminated when 'the company' notifies the 'member' of the intention of termination. In this case, 'the company' notifies the intention of termination to the 'member' through email, telephone or other methods registered by the 'member'.
③ If the agreement of use is terminated/canceled, following information will be deleted, and not restored when signing up again.
1. My profile information: Phone number, profile picture, name, message and etc.
2. Account: Lysn account (email address), subaccount
3. List of friends: Entire list of friends (blocked, hidden or added friends), recommended friends, etc.
4. Purchases: Purchased items/products, etc.
5. Gift box: Purchased gifts, received gifts
6. Message: Conversations, contents given to/received from friends
7. Contents related to Optional Service: Conversations, contents, etc. provided by the Optional Service.
8. All other information saved in devices by users
④ If the agreement of use is terminated for the responsibility of any party, the party in responsibility must compensate for the damage proved by the other party.
Article 21 (Restriction on use, etc.)
① If any 'members' do not use 'services' for more than one year, the company' shall separately store the information of the members and converts the accounts into inactive accounts to restrict use, or withdraw the users who do not use 'Lysn account' pursuant to the Act on Promotion of Information and Communications Network Utilization
② 'The company' may restrict usage of 'service' by steps such as warning, temporary suspension and permanent suspension if 'members' fall under any of the following cases.
1. In case false information is registered when applying membership
2. In case a member undermines the order of electronic commerce by interrupting others to use the 'services' or illegally using information, etc.
3. In case a member uses 'the company' to conduct actions prohibited by these terms and conditions or commits an offense against public order and good morals
4. In case 'members' pay the amount less than normal price by fabricating payment information when purchasing 'paid service'
5. In case 'members' indiscriminately repeat purchases and refunds
③ Despite of the preceding paragraph, 'the company' may suspend accounts permanently if the company founds illegal use of other's name and payment information that violates Resident Registration Act, or illegal communication, hacking or distribution of malicious programs that violate the Copyright Act and the Act on Promotion of Information and Communications Network Utilization. If any accounts are permanently suspended according to this Paragraph, all kinds of benefits also disappear, and 'the company' will not compensate this separately.
④ If names used in the 'services' by 'members' cause an offense against public moral or traditional custom or it may be confused with 'the company' or any operator of 'the company', using such name may be restricted.
⑤ If using the 'services' are permanently suspended according to this Article, the registration of membership will be erased after retaining information necessary to identify members for certain retention period. In this case, 'members' will be notified according to Article 9, and given an opportunity to explain before erasing the registration of membership. At this time, if 'the company' accepts that such objections raised by the 'members' are reasonable, 'the company' shall resume the 'members' to use the 'services' again.
Article 22 (Limitation of Liability)
① If 'the company' cannot provide the 'services' due to any force majeure such as war, incident, emergency or any technical defect not soluble by current technology, it is exempted from liability.
② 'The company' disclaims any responsibilities on reliability and accuracy of information, material and fact posted in relation to the 'services'.
③ 'The company' is exempted from liability on the transactions between 'members' or between 'members' and any third parties through the 'services'.
④ 'The company' disclaims responsibility for the usage of free 'services' unless otherwise related laws specify special regulations.
⑤ 'The company' has no obligation to monitor the contents and quality of products or goods advertised through service screen or linked websites by third parties.
⑥ 'The company' and the officers and employees, and agents of 'the company' disclaims any responsibilities for the following damages.
1. Damages from false or inaccurate information about 'members'
2. Personal damage occurred from the connection to 'services' and usage of the 'services' regardless of the nature or details
3. Damages occurred from any kinds of illegal connection or usage of server by any third parties
4. Damages occurred from all kinds of illegal interruption or discontinuing activities by third parties against transmission to or from the server
5. Damages occurred from all kinds of viruses, spywares and other malicious programs illegally transmitted, distributed(regardless of whether it is direct/undirect) through the 'services' by third parties
6. Damages occurred from error, omission, missing or destruction of transferred data
7. Various civil/criminal liabilities incurred from defamation of character or other illegal activities between 'members' in the course of registering or using the 'services'
Article 23 (Overseas usage)
The company' does not guarantee the quality or availability of 'services' if any members try to use the 'services' out of the territory of Korea. Therefore, if any 'members' wish to use the 'services' out of the territory of Korea, they shall determine whether to use the services or not upon their judgment and responsibilities. In particular, the 'members' shall be responsible for observing local laws and regulations in the course of using the 'services'.
Article 24 (Governing Laws and Jurisdiction)
These terms and conditions are regulated and interpreted by Korean laws, and if any disputes regarding these 'services' occur between 'the company' and 'members' and it turns into lawsuit, the court designated in the procedure pursuant to related laws will take jurisdiction.
Effective date: August. 22, 2022