This Use Agreement (hereinafter referred to as "Agreement") applies to the Hauterium (hereinafter referred to as "Service" or "Hauterium") and any programs, software, etc. provided in connection therewith by Ecomice Co., Ltd. (hereinafter referred to as "Ecomice" or "Company") and governs your access to and use of all information and text, graphics, photos, audio, and other materials uploaded, downloaded, and shared on the Hauterium app (hereinafter referred collectively to as "Contents").
The term "Service" in this Use Agreement refers to all ancillary / affiliated services provided by Company on the site in connection with their services, such as a service that provides information by categorizing, processing, and aggregating data registered by individuals through the site into a database for each purpose, materials registered by individuals for the purpose of using the service, and a service that provides information by collecting, categorizing, and processing data about companies.
Please read this Use Agreement carefully and read all applicable terms, including the Paid Services Use Agreement, Community Guidelines, Use Guideline on Hauterium Utilized Contents (UGC), and Personal Information Processing Policy.
If you do not agree to this Agreement, you may not use Hauterium, so please read it carefully and consent to it before use.
Hauterium is not available for children. If you are a child under the age of 13 or under the age of consent in your country, your access may be restricted.
1) Purpose: The purpose of this Agreement is to contribute to a mutually beneficial "Service” relationship by establishing the rights, obligations and responsibilities of Company and Users, “Service” use procedures and other related matters, and ultimately to promote the interests of both parties and to promote mutual development.
2) Governing law: By agreeing to this Agreement, you are accepting the following Terms of Use, which constitutes a contract for the use of "Ecomice" and "Service" and is governed by the laws of the Republic of Korea.
3) All information provided to "Ecomice" is subject to Company's Personal Information Processing Policy regarding the collection and use of personal information. By using “Service”, you consent to the collection and use of your personal information in accordance with the Personal Information Protection Policy in accordance with applicable jurisdictional laws (including, but not limited to, the Personal Information Protection Act and related regulations, contract law, and consumer protection law). As part of "Service", we may send you service notifications and informational messages, which you may not refuse to receive as they are part of "Service".
4) To fully utilize all of Hauterium's services (both free and paid), a membership is required. Users can apply for membership, and " Ecomice" reviews and approves the membership application of the applicant (hereinafter referred to as "Member" if a Hauterium user is registered for membership).
5) If the user's membership application is not appropriate to approve, such as mechanical access to the Hauterium service system, account theft, provision of false information, or service abuse history, " Ecomice" may suspend or refuse to approve the membership application, or terminate the use agreement afterwards, and may restrict the use of "Service" for a certain period of time if necessary.
1) " Ecomice" shall post the contents of this Agreement within the initial screen of the Hauterium Service, on a separate connection screen, or provide a pop-up screen, etc., so that users can easily understand the contents of this Agreement.
2) "Ecomice" may amend this Agreement to the extent that it does not violate applicable laws, such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter referred to as the "Information and Communications Network Act"), the Act on Consumer Protection in E-Commerce, and the Regulation of Standardized Contracts Act.
3) When “Ecomice” amends this agreement, the date of application and reason of amendment along with the current agreement, shall be notified in accordance with the method set forth in paragraph 1 hereof during the period from 7 days prior to the application date of amended agreement to one day prior to the application date. Provided that, if the change is legally unfavorable to the user, we will notify the same information through "Service" at least 30 days before the effective date, as well as notify the user individually by email.
4) If "Ecomice" announces or notifies the amended Agreement in accordance with the previous paragraph and clearly informs the user that the user is deemed to have agreed to the amended Agreement if the user does not expressly express his/her refusal within the 7-day or 30-day period, the user shall be deemed to have agreed to the amended Agreement.
5) If the user does not agree to be bound by the amended Agreement, the contents of the Hauterium Amended Agreement shall not apply, in which case, the user may terminate the Use Agreement. In addition, if there are special circumstances that prevent Company from applying the new and existing Agreement to the user, "Ecomice" may terminate the Use Agreement. If the Use Agreement is terminated, the rules for terminating or leaving the Hauterium service will apply.
6) The provisions of this Article shall apply in the Republic of Korea, and other countries may be excluded or exempted from the application of this Article in accordance with the laws of those countries.
1) Hauterium Services
2) "Hauterium IP (Intellectual Property) Content" means all content provided by Company to organize and operate the Hauterium Service (including, but not limited to, audio-visually identifiable materials such as worlds, booths, avatars, realistic avatar creation, B2B services, items, videos, images, text, stories, graphics, music, live broadcasts, and phrases). The copyright, moral rights, trademark rights, design rights, trade dress, patent rights and/or other intellectual property rights in all materials contained in "Service", including "Hauterium IP Content" and the selection and placement thereof, are owned by Company and are protected by applicable law.
3) Users can create photos, videos, text, graphics, items, and other materials using "Hauterium IP Content" (hereinafter referred to as "User Content" or "Hauterium Utilized Content (UGC)") and actively interact with it, including posting, transmitting, and storing it. Provided that, in the case of avatars made with realistic avatars, mutual consultation/portrait rights must be negotiated between Company and the user. To encourage active interaction between users, "Ecomice" may suggest or recommend content and features that may be of interest to users based on their activity in Hauterium, and may suggest ways for users to experience Hauterium. Of course, users can limit who can see their "User Content" based on their personal information settings.
4) "User Content" that is created by users can be viewed by others, and users can manage access to their content through personal information settings. Company may view "User Content" uploaded to Hauterium, and may endeavor to take reasonable steps to keep your personal content secure. Provided that, despite the Company's efforts, there may be situations where a third party attacks the system, compromises security, etc. and gains access to your personal content, which shall not be the responsibility of the Company.
5) Copyright and other intellectual property rights in "User Content" created by users belong to the user, but do not affect the copyright and other intellectual property rights in the original work, including "Hauterium IP Content" contained therein. Company grants the user, who created "User Content", a limited, non-exclusive, revocable license to use the "Hauterium IP Content" contained in "User Content" solely for the purpose of creating and posting "User Content". Users, who create "User Content", do not acquire any other intellectual property rights in "Hauterium IP Content". "User Content" must be created and used in accordance with the guidelines set forth by Company and, in particular, must comply with Company's "Hauterium Utilized Content (UGC) Use Guideline", if it is used outside of the Hauterium platform. Copyright and other intellectual property rights in "Hauterium IP Content" remain with Company, and you may not use "Hauterium IP Content" without Company's prior written consent, except as expressly permitted by this Agreement.
6) Upon creating “User Content” and posting it to Hauterium, the user deems to grant a non-exclusive, unlimited term, fully paid-up, royalty-free, irrevocable, transferable, sublicensable, worldwide license to use for current or future Hauterium-related services (hereinafter referred to as "Hauterium-Related Services") to Company and its affiliates that contains the right to archive, reproduce, store, temporarily store, encode, play, record, sell, sublicense, distribute, publicly transmit, broadcast, sync (or synchronize), edit, modify, disclose, display, publish, promote, create derivative works from, and otherwise use (including to promote "Service", machine learning, and for joint research and development purposes, either by Company alone or with its affiliates) of relevant "User Content", and the user likewise agree to allow others to use, their “User Content” in accordance with the guidelines provided by Company, both inside and outside of the Hauterium Service. In this case, users can limit who can see their "User Content" based on their personal information settings.
7) Users are solely responsible for their "User Content" and any issues or disputes arising therefrom, and "Ecomice" shall not be liable for any of them unless it is due to intentional or gross negligence. If any "User Content" violates any applicable laws, this Agreement, or the Company's guidelines, or infringes any third party's intellectual property or other rights, Company may take restrictive measures, such as deleting the content or temporarily or permanently suspending your account, after prior notice to the user. Provided that, if it requires urgent action, we can notify you after the fact.
8) If you are a copyright holder or the agent of a copyright holder and content on the Hauterium Service infringes your copyright, you may make a takedown request under the Copyright Act, the DMCA, and other applicable laws by contacting our Copyright Agent at [email], [address], [phone number], or by email at haute-rium@hauterium.com.
9) We may block or delete your account if you commit repeated copyright infringement.
To ensure that all users are able to express themselves freely, while still having a safe and enjoyable experience using Hauterium service, Company has established community guidelines. Users are expected to follow community guidelines when they use Hauterium.
1) Users will not force messages to be sent to anyone who does not wish to receive them, or send messages that infringe on the rights of others, are illegal, fraudulent, or otherwise violate the law. Users must carefully consider what they are sending and to whom. In addition, anyone can take a screen capture of a message, but you shouldn't save it or share it with friends unless you're allowed to by law or it's necessary to comply with a law.
2) Users must not attempt to do anything illegal / illegitimate through Hauterium, and must use Hauterium in a lawful manner. Users may not post, view, or send content to or from each other that violates the Community Guidelines, including the content below.
If any content is found to violate the Company's Community Guidelines, including the above, Company may immediately delete the content, take restrictive measures such as temporary or permanent suspension of the account, and notify the user of the relevant contents.
We ask that you carefully consider the original intent of these rules and community guidelines and comply with them strictly. Company may change or add to these Rules and Community Guidelines based on feedback from the Hauterium user community, and we are committed to enforcing them in a fair and consistent manner and taking the most appropriate action in the circumstances based on our reasonable judgment.
Company monitors content (text, audio, images, direct mail conversations, etc.) uploaded, distributed, or transmitted to the Hauterium Services, either directly or through third parties, for the purpose of enforcing community guidelines. Company may send notifications to Hauterium users as necessary as a result of monitoring, and if a violation of the law is found, Company may take action in accordance with the law, including deletion of content, restriction of use, and reporting to law enforcement agencies.
Feedback, suggestions, ideas, and other information provided by users about "Ecomice" or "Service", whether by email or otherwise (hereinafter referred to as "Feedback"), does not qualify as Confidential Material.
Company shall be free to use "Feedback" provided by users for the purpose of improving the Hauterium Service, and users shall not exercise rights such as copyright and moral rights therein. Company is always listening to the opinions of our users. Please note that under these Rules, you will not be able to claim ownership or any other rights or monetary compensation for Feedback.
In addition to the restrictions set forth in this Agreement, users agree to prohibit the following behaviors. Except as expressly permitted by this Agreement, any use of the Hauterium IP Content and Hauterium Services without the prior written consent of "Ecomice" is strictly prohibited.
"Ecomice" grants you a personal, worldwide, non-transferable, royalty-free, non-exclusive license to use the Software provided as part of "Service". This license is provided solely for the purpose of enjoying the benefits of Company's "Service" to the extent permitted by this Agreement.
1) Account information: To use the service, you need to create a Hauterium account. You are responsible for the security of your login credentials and for all actions that occur under your account.
2) Users may not copy, reproduce, republish, modify, download, transmit, modify, display, reverse engineer, sell and promote, lease, rent, transfer, distribute, license, sublicense, or otherwise exploit, in whole or in part, any program or software related to the Hauterium Service.
3) Users may use third party services within Hauterium as permitted by Company. For example, users can watch or share YouTube videos within a Hauterium service. However, in such cases, the use of third-party services is subject to the provisions of the third-party service platform, so please familiarize yourself with the terms, policies, personal information processing policies, etc. of the relevant service platform.
All ownership, intellectual property and other rights and interests in and to "Service" (excluding content provided by users, but including "Hauterium IP Content" contained therein) are the exclusive property of "Ecomice". This "Service" is protected by copyright, trademark, and other laws, and except as expressly permitted by this Agreement, nothing in this Agreement grants you any right to use any of Ecomice's trade names and trademarks, logos, domain names, or other distinctive brand features.
Feedback, comments, and suggestions regarding "Ecomice" and "Service" are provided voluntarily by the user, and Company may use the feedback as it sees fit for the purpose of improving "Service" in accordance with Article 5 of this Agreement.
In connection with the operation of "Service", "Ecomice" may display advertisements on the screen of "Service", directly or through third parties with whom it is in affiliation.
1) "Ecomice" displays the following items on the initial screen of paid services (collectively, products and services provided by Hauterium for a fee) or FAQs in an easy-to-understand manner.
The user's monthly cumulative payment amount and the number of purchases of charged services may be limited according to the policies of "Ecomice" and the standards set by the payment method provider in paragraph 1. If this standard is exceeded, additional use of charged services may not be available.
The use period or expiration date of a charged services shall be as indicated in the contract for such charged services. Charged services that have expired may have their privileges revoked.
Compensation for user damages due to defects in charged services shall be as stipulated in the Content User Protection Guidelines.
1) If the content of another user contains content that violates related laws, such as the Information and Communication Network Act and the Copyright Act, the user may request the suspension or deletion of the post in accordance with the procedures set forth in related laws, and "Ecomice" may take action in accordance with related laws.
2) Even if there is no request from the right holder pursuant to the previous paragraph, if there is a reason to recognize infringement of rights or violation of other related laws and company policies, "Ecomice" may immediately delete the content or take measures to restrict use, such as temporary / permanent suspension of the account, and shall not take any responsibility thereof. If necessary, "Ecomice" may terminate the relevant account of a user, who repeatedly infringes copyright.
1) Users may be exposed to material that they find objectionable, sexually explicit, offensive, or otherwise objectionable in the course of using "Service", and users agree to accept these risks by accessing and using "Service". Content appearing on the Company's websites or "Service" may not necessarily reflect the views of "Ecomice", and "Ecomice" does not endorse or support any content posted by users of "Service".
2) While "Ecomice" takes reasonable steps to keep User's Content safe, we cannot prevent all risks that may arise from the exposure of such Content.
3) Disclaimer: "Service" and website of "Ecomice", apps, content and all other materials are provided to users "as is" without warranty of any kind, either express, implied or statutory, to the fullest extent permissible pursuant to applicable law. "Ecomice" does not warrant that (1) "Service" and materials will meet users' requirements or be available on a continuous, uninterrupted, timely, secure, or error-free basis, (2) the results obtained from the use of the Website, "Service" and materials will be effective, accurate, or reliable, or (3) all errors and defects found in the Website, "Service" and materials will be promptly corrected.
"Ecomice" and its suppliers, and their respective officers, directors, employees and agents, shall not be liable for any indirect, special, punitive, incidental or consequential damages arising out of (1) the use of or inability to use "Service"; (2) materials made available through the provision of "Service" and "Service"; or (3) the conduct of any user of "Service", unless such damages are caused by the Company's willful misconduct.
The User agrees to defend and indemnify and to protect and prevent the damage, at the User's expense and liability, for the directors, officers, shareholders, employees, users and agents of Company and its affiliates from and against any and all claims, demands, damages, liabilities and expenses (including all expenses permitted by applicable law, including attorneys' fees) arising out of or related to any of the following:
(1) Use of “User Content” by Company or third party
(2) Use of Hauterium by users and their activities related to Hauterium
(3) Allegations that you are violating or have violated laws, rules, and regulations in connection with the use of Hauterium or activities related to Hauterium
(4) Any claim that "User Content" infringes, violates, or misappropriates any copyright, trademark, trade secret, design right, trade dress, patent, right of publicity, right of privacy, duty of confidentiality, or other third party rights
(5) Use of products or services provided by third parties in connection with the development and submission of users' "User Content”
(6) Misrepresentation, fraud, etc. by the user
(7) Breach and alleged breach of any representation, warranty, or obligation by User (including allegations that User has violated this Agreement)
Company reserves the right, at Company's expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in this case, User agrees to cooperate with Company in the defense of such claim.
1) Unless otherwise agreed in writing, this Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea and, in the event of any dispute with "Ecomice," such dispute shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the address of the user at the time of filing or, if there is no address, the exclusive jurisdiction of district court having jurisdiction shall be the place of residence. Provided that, if the address or residence of the user is not clear at the time of filing, the competent court shall be determined in accordance with the Civil Procedure Act.
2) In the case of a user with an address or residence abroad, the Seoul Central District Court of the Republic of Korea shall have jurisdiction over any dispute between "Ecomice" and the user, notwithstanding the previous paragraph.
3) Disclaimer: "Ecomice" and the user disclaim any liability and rights under the United Nations Convention on Contracts for the International Sale of Goods and agree not to apply them to the use of "Service".
1) Users may terminate their use of "Service" at any time by leaving "Service". Upon the termination of your service, this is how it will be processed.
2) Company may add, modify, or change all or part of "Service" at any time for the operation or improvement of "Service". In addition, we can also temporarily or permanently stop providing "Service" or add new restrictions. If we modify, change, or terminate all or part of our free services, we will not provide any compensation unless otherwise required by applicable law.
3) If the use of your account is terminated, any payment obligations you incurred prior to the termination will remain in effect. (Example: Payments for charged services paid for prior to the termination, etc.)
4) In the event of a material modification, change, suspension or termination of "Service", Company will use reasonable efforts to provide advance notice if foreseeable and reactive notice if unforeseeable. In the event of an interruption or termination of "Service", Company will cooperate to help you recover content.
1) Severability: If any provision of this Agreement is found by a court to be unenforceable or invalid, the remaining provisions will remain in full force and effect.
2) Non-waiver: If Company fails to enforce or delays enforcement of this Agreement, this will not constitute a waiver of its right to enforce this Agreement.
3) Transfer: Without the written consent of "Ecomice", the user may not transfer the rights and obligations set forth in this Agreement to others. Provided that, in the event of a merger, acquisition, or sale of "Service", "Ecomice" may transfer its rights and obligations to the user without the user's consent in accordance with the procedures set forth in applicable laws.
4) Entire agreement: This Agreement represents the entire and exclusive agreement between "Ecomice" and the user with respect to "Service", and supersedes all prior agreements with respect to "Service". In the event of any conflict or inconsistency between this Agreement and any other Hauterium agreements including the use agreement of charged services, the provisions of the individual use agreement will apply. Company may amend this Agreement from time to time and will notify the user of the amendments using appropriate means as set forth in Article 2 of this Agreement. If you fail to expressly reject the revised agreement within the time period after it becomes effective, you will be deemed to have accepted the revised agreement.
This policy shall be effective as of July 24, 2023.