Terms of Use

Chapter 1 General Provisions

Article 1 (Purpose)

The purpose of the Terms of Use Agreement (the “Agreement”) is to define the rights, obligations, and responsibilities between the PyeongChang Organizing Committee for the 2018 Olympic and Paralympic Winter Games (POCOG) and the member, and matters pertaining to procedures for use of services (the “Services”) provided on the official website (the “Website”) of POCOG.

Article 2 (Definition)

  1. (1) The definitions of terms used in this Agreement are as follows.
    1. ① A “user” means both a member and a non-member who access the Website and use the Services provided by POCOG in accordance with the Agreement.
    2. ② A “member” means a user who agrees to the Agreement and uses the Services.
    3. ③ The “contract of use” means any and all agreements signed between POCOG and a member regarding use of the Services, including this Agreement.
    4. ④ An “ID” means a unique combination of letters and numbers registered on the Website after being set by a member and then approved by POCOG for identification of the member and use of the Services.
    5. ⑤ A “password” means a combination of letters (including special characters) and numbers registered on the Website after being set by a member to verify user identity and to protect confidentiality.
    6. ⑥ “Withdrawal of membership” means that a member terminates the contract of use by withdrawing membership to stop using the Services.
    7. ⑦ Terms that are not included in this Article 2-(1) shall be defined in separate agreements or regulations for each service.

Article 3 (Notification, Effect, and Change of the Agreement)

  1. (1) POCOG shall notify users of the Agreement by posting it on the Website.
  2. (2) POCOG may amend the Agreement to the extent permitted by law if amendment is reasonably deemed necessary. If some changes are made to the Agreement, POCOG shall post a notice on the Website that contains the effective date of the revised version and the reason for the change 15 days prior to the effective date. However, in case of making a change that is unfavorable to users, a notice shall be posted 30 days prior to the effective date and each member shall be notified individually by email, text message, etc. (If individual notification of members is not possible because the members did not provide a contact number or the notification information was changed, they shall be deemed to have been notified individually by the Website notice.)
  3. (3) Consenting to this Agreement means that a member agrees to visit the Website operated by POCOG and check for any change to the Agreement on a regular basis. POCOG shall not be responsible for any damage to members arising from their failure to recognize changes to the Agreement. Therefore, members shall regularly visit the Website and check for any change to the Agreement.
  4. (4) Members who do not agree with the changed Agreement may request withdrawal of their membership (termination of the contract of use). Members shall be deemed to have agreed with the revised Agreement if they do not expressly object to the modified Agreement in response to the notice and individual notification in accordance with this Article 3-(2).

Article 4 (Additional Terms)

  1. (1) Matters not prescribed herein shall be governed by applicable laws and regulations, and general commercial practices.
  2. (2) POCOG may define separate terms of use or operational regulations for individual service items or specific services (the “Services Guide”) if necessary. If there is any conflict between this Agreement and the Services Guide, the Services Guide shall prevail.
  3. (3) If any change is made to the Services Guide, POCOG shall notify the change on the Website seven (7) days prior to the effective date.
  4. (4) Members shall always be alert to any change in the Services Guide, and when there is a notice of a change to the Services Guide, they shall check the contents of the change.

Chapter 2 Conclusion of the Contract of Use

Article 5 (Establishment of the Contract of Use)

  1. (1) The contract of use shall be established when a user agrees to the contents of the contract and POCOG approves the user’s application for use of the Services. A person who intends to use the Services shall agree to the contents of the contract by checking “Agree” in the Agreement provided online at the time of membership sign-up.
  2. (2) Membership shall become valid when POCOG’s permission for use of the Services is posted on the screen, or reported to the applicants via email or any other means determined by POCOG.

Article 6 (Application for Use of the Services)

  1. (1) Users who intend to sign up and use the Services shall provide general information requested by POCOG (Email (ID), Password, Nationality, Name, Year of Birth, Place of Residence, Phone Number, etc.) at the time of membership sign-up.
  2. (2) Users may sign up for membership and use the Services only after they provide certain information. Members who signed up under a false identity or the identity of another person, or did not provide their true information cannot claim their rights regarding use of the Services and may be punishable by applicable laws and regulations.
  3. (3) POCOG may certify or confirm the information registered by members through means determined by POCOG. Members shall actively cooperate with such process. If they do not comply with the process, the information registered by the members may be considered false and treated accordingly.
  4. (4) Members shall be responsible for any issue arising from their duplicate sign-up (restrictions on use of the Services, etc.), and POCOG shall not assume any responsibility therefor.

Article 7 (Change, Protection, and Use of Personal Information)

  1. (1) Members should modify and update their personal information when there is a change to the information they provided for membership sign-up within a reasonable period of time. However, certain items including name and ID cannot be modified. Members shall be responsible for any loss arising from their failure to update their personal information, and POCOG shall not assume any responsibility therefor.
  2. (2) POCOG shall strive to protect personal information of members in accordance with applicable laws and regulations. Members’ personal information shall be protected and used in line with applicable laws and regulations and POCOG’s privacy policy. However, POCOG’s privacy policy shall not apply to third-party websites linked to the POCOG Website. Members shall duly protect their personal information to prevent passwords, etc. from being exposed to others. POCOG shall not be held liable for any issue arising from information disclosure due to members’ carelessness or negligence.
  3. (3) POCOG shall not use personal information of members for any other purpose than provision of the Services or provide it to a third party without consent of members. However, POCOG may provide personal information to third parties without consent of members to the extent permitted by applicable laws and regulations in the following cases.
    1. ① A separate consent is gained from the member.
    2. ② There are special provisions in any other law.
    3. ③ It is deemed necessary to protect the life, physical safety, or property of a member or a third party when the member or his legal representative cannot express his intention or give prior consent since his address is unknown, etc.
    4. ④ Personal information is necessary for statistics compilation, scientific research, etc., and the information is in a form by which a specific individual cannot be identified.
    5. ⑤ It is impossible to perform affairs prescribed in any other law unless personal information is used for any other purposes than the intended ones or the information is provided to a third person, and the need for such use of personal information has undergone deliberation and resolution by the Protection Committee as defined in Article 7-(1) of the Personal Information Protection Act.
    6. ⑥ It is necessary to provide the personal information to a foreign government or international organization according to a treaty or any other international agreement.
    7. ⑦ It is necessary for criminal investigation, and institution and maintenance of prosecution.
    8. ⑧ It is necessary for a court to perform its judicial affairs.
    9. ⑨ It is necessary for the execution of a punishment, care and custody, or protective disposition.
  4. (4) POCOG may provide personal information of members to the International Olympic Committee (the “IOC”) and the International Paralympic Committee (the “IPC”) with consent of members to expand the Olympic and Paralympic Movement and to promote marketing activities for the Olympic and Paralympic Games.

Article 8 (Approval and Restriction of Use of the Services)

  1. (1) Regarding applications for use of the Services in line with Articles 5 and 6, POCOG shall accept the applications and grant permission in the order in which applications are received unless there is any business or technical issue preventing such.
  2. (2) POCOG may reject or delay approval of use of the Services in the following cases.
    1. ① A user provides false information (when it turns out that the personal information provided is not that of the applicant in the identification process, or when there is false, omitted, or misspelled information in the application contents, etc.).
    2. ② A user applies for use of the Services with the purpose of violating laws or undermining security and public order, and compromising public morals.
    3. ③ A user intends to use the Services for illegal purposes.
    4. ④ A user intends to use the Services for the purpose of seeking profits.
    5. ⑤ The application for use of the Services turns out to be against this Agreement, illegal, or inappropriate.
  3. (3) POCOG may delay approval of use of the Services until the cause of the delay is removed in the following cases.
    1. ① There is a lack of facilities.
    2. ② There is a technical problem.
    3. ③ Other policies of POCOG do not allow permission.
  4. (4) Access to and use of the Services shall be restricted to minors under the age of 14.
  5. (5) POCOG may immediately withdraw the permission for use of the Services if any of the cases specified in this Article 8-(2) or any of the following cases is found after membership registration is completed.
    1. ① A member fails to make a payment for goods purchased through the Services and to make a payment in full regarding other use of the Services on time.
    2. ② A member threatens public order in e-commerce, including interfering with other persons’ use of the Service or using others’ personal information.
    3. ③ A member interferes with business of POCOG by habitually and repeatedly cancelling purchases on the Website and returning the purchased goods without justifiable reasons.

Article 9 (Granting and Change of User ID)

  1. (1) POCOG shall grant a member an ID according to the Agreement.
  2. (2) IDs cannot be modified in principle, and one ID is assigned to each member. If a member intends to change the ID for unavoidable reasons, he must terminate the contract of use and join the Website again, and the cancelled ID cannot be reused. The member shall be responsible for all the problems arising from having multiple IDs, and POCOG shall not assume any responsibility regarding the issue.
  3. (3) POCOG may, at its sole discretion, stop providing the Services to members if their ID falls under any of the following subparagraphs.
    1. ① More than two IDs are registered.
    2. ② An ID gives others a feeling of aversion or compromises public morals.
    3. ③ An ID indicates the same name as that of the Services or ID of the administrator or may cause confusion.
    4. ④ POCOG decides that an ID needs to be suspended.
  4. (4) Members shall be responsible for managing their IDs and passwords. Members shall be held liable for any losses arising from their careless management of their IDs and passwords or unlawful use by a third party. POCOG shall not assume any responsibility therefor.
  5. (5) Other matters regarding management and modification of personal information shall comply with the Services Guide.

Chapter 3 Obligations of the Contracting Parties

Article 10 (Obligations of POCOG)

  1. (1) If members apply for use of the Services, POCOG shall allow them to use the Services unless any reason to refuse use of the Services specified in Article 8 applies.
  2. (2) If there is a facility failure or damage, POCOG shall restore or repair it without delay in order to ensure seamless and reliable provision of the Services, unless there is a justifiable reason not to do so.
  3. (3) POCOG shall implement a security system to protect personal information, and notify and comply with Privacy Policy.
  4. (4) POCOG shall duly handle opinions or complaints filed by members immediately if they are deemed reasonable and objective. If it is difficult to deal with them immediately, POCOG shall notify the members of the reason for the delay and the expected processing schedule.

Article 11 (Obligations of Members)

  1. (1) Members shall provide true information to the best of their knowledge when applying for membership or modifying the membership information. If members provide false or others’ information, they shall not claim any appertaining rights.
  2. (2) Members shall comply with this Agreement, other regulations defined by POCOG, notifications from POCOG, and applicable laws and regulations. Members shall not engage in any activity that may interfere with business of POCOG, undermine the reputation of the PyeongChang 2018 Olympic and Paralympic Winter Games and POCOG, or cause damage to others.
  3. (3) Members may view and edit their personal information at any time. However, the items that are required for service management (real name, ID, etc.) cannot be modified.
  4. (4) If there is a change to the registered information, members shall update the information online or notify POCOG of the change via email, fax, etc.
  5. (5) POCOG shall not be held liable for any disadvantage arising from a member’s failure to update the information or notify POCOG of such change as stipulated in this Article 11-(4).
  6. (6) Members shall not engage in business activities using the Services without prior approval of POCOG, and POCOG shall not be responsible for the consequences of such business activities. If any loss or damage occurs to POCOG as a result of such business activities, POCOG may have the involved members assume legal liability.
  7. (7) Members shall not assign or transfer the right to use the Services or any other rights under the contract of use to a third party or put such rights up as collateral without express approval of POCOG.
  8. (8) Members shall not infringe upon any rights including intellectual property rights of POCOG or third parties or engage in the activities specified in Article 17.

Chapter 4 Use of the Services

Article 12 (Service Hours)

  1. (1) POCOG shall provide the Services 24 hours a day, 7 days a week (24/7) in principle unless business or technical issues cause service interruption. However, POCOG may temporarily suspend the Services for operational and maintenance reasons including a regular system checkup; repair, installation, replacement, disruption, and malfunction of information communication equipment; communication interruption; and excessive traffic volume. In such cases, POCOG shall inform the members of service interruption and the reasons therefor through a notice board.
  2. (2) In the event of force majeure including natural disaster, national emergency, power failure, etc., POCOG may temporarily suspend provision of the Services in whole or in part without advance notice.
  3. (3) POCOG may suspend provision of the Services in whole or in part after advance notice if it is necessary for provision of the Services including service upgrades, etc.

Article 13 (Postings by Members)

  1. (1) “Postings” refer to informational text, photos, videos, and any other files and site links posted by members on the Website, including marks, letters, voice, sounds, image, and video.
  2. (2) If the materials posted by members on the Website infringe upon intellectual property rights of others or cause any loss or other issues to themselves or others, the members shall face civil and criminal liability, and POCOG shall not assume any responsibility therefor.
  3. (3) POCOG may stop, edit, delete, move, or refuse to register postings without prior consent of members if they fall under any of the following subparagraphs.
    1. ① The contents are offensive, slanderous, or defamatory to other members or a third party.
    2. ② The contents or site links undermine public order or morals
    3. ③ The contents encourage pirating or hacking (i.e. the contents contain malware or other code that may cause malfunctioning of devices and equipment, etc.).
    4. ④ The contents are advertisements for commercial purposes.
    5. ⑤ The contents are considered political, which are restricted by law.
    6. ⑥ The contents are objectively considered to be associated with crime.
    7. ⑦ The contents infringe upon the rights and legitimate profits of other users or a third party, including intellectual property rights.
    8. ⑧ POCOG deems that the contents are unsuitable for the Website and the Services because they include personal political opinions or religious views.
    9. ⑨ The contents violate the rules for postings set by POCOG, or are not suitable for the Website.
    10. ⑩ The contents are against other applicable laws and regulations.
  4. (4) If a third party demands that POCOG remove the contents for libel or violation of rights including intellectual property rights, POCOG may remove them (suspension of transmission) at its discretion. If there is any lawsuit or settlement between the person who requested removal of the contents and the user who posted the contents, or any other decision by involved agencies, and the final results are submitted to POCOG, POCOG shall follow the results.
  5. (5) In the case that the contents are removed by POCOG, the member who posted the contents may request POCOG to repost them. If there is no such request within three months from the removal, POCOG may delete the contents.

Article 14 (Intellectual Property Rights of Postings)

  1. (1) Intellectual property rights including copyrights of the materials (including writings) created and posted by POCOG shall belong to POCOG.
  2. (2) Copyrights of the materials created and posted by members in the course of use of the Services provided by POCOG shall be held by the members. The members shall face any civil and criminal liability including infringement of copyrights arising from these materials.
  3. (3) Members shall consent to POCOG’s use of the materials posted by members free of charge in the following cases. However, if the members who posted the contents request POCOG to delete or discontinue use of the contents, POCOG shall immediately delete or stop using the contents except for the data that should be retained according to applicable laws.
    1. ① POCOG duplicates, displays, transmits, or disseminates the postings within the Services provided by POCOG, or creates secondary copyrighted materials or compilation works based on the postings.
    2. ② POCOG uses the postings, secondary copyrighted materials, or compilation works for sales promotions, advertisements, etc.
    3. ③ POCOG allows its consortium partners including the media and telecommunications companies to use the materials posted by members for their PR. In this case, however, POCOG shall not provide any other personal information of members except for their IDs to the third parties mentioned above without consent of the members.
  4. (4) If POCOG intends to use members’ postings in other ways than those stated in this Article 14-(3), it shall obtain prior consent from the members by phone, email, etc. However, if POCOG fails to gain prior consent from members because they do not respond to any phone calls or emails from POCOG or they cannot be reached due to incorrect contact information, it may request members’ consent after use of the postings.
  5. (5) Even after members terminate the contract of use, the materials posted by the members shall not be deleted.

Article 15 (Provision of Information)

  1. (1) POCOG may disclose information deemed necessary for use of the Services to a third party with prior consent of members.
  2. (2) POCOG may collect additional personal information in accordance with applicable laws and regulations with consent of members for the purpose of service improvement, or introduction of new services to members.
  3. (3) Users who duplicate, transmit, publish, disseminate, or broadcast any information obtained through use of the Services or the Website, or who let a third party use such information without approval of POCOG shall be held responsible therefor.

Chapter 5 Termination of the Contract and Restrictions on Use of the Services

Article 16 (Change and Termination of the Contract of Use)

  1. (1) If members intend to terminate the contract of use, they shall withdraw membership by themselves online or by sending an email requesting the withdrawal. However, they shall complete, withdraw, or cancel the trading of goods in progress before they notify POCOG of the membership withdrawal. They shall be responsible for any disadvantage arising from the withdrawal and cancellation of trade. If they are in default, POCOG may restrict their withdrawal of membership until the payment is made in full. If use of the Services is suspended due to violation of the Agreement or applicable laws and regulations, POCOG may restrict the members’ termination of the contract of use to prevent the recurrence of such action.
  2. (2) If members cancel the contract of use, POCOG shall delete their registered information according to its Privacy Policy. In this case, notifications are sent to the members. If POCOG intends to cancel the contract of use at its sole discretion, members shall be given an opportunity to defend themselves before the cancellation.

Article 17 (POCOG’s Restrictions on Use of the Services)

  1. (1) If members violate Article 11 of this Agreement or they fall under any of the following cases, POCOG may restrict the members’ use of the Services, cancel the contract of use, and take other necessary actions (the “restrictions on use of the Services”).
    1. ① Members register false information, use other members’ ID, possess more than two IDs, use other persons’ personal information including passwords, or trade or provide an ID to others.
    2. ② Members transmit, post, or disseminate obscene contents or contents that infringe upon the privacy of other persons or defame them to other persons via email or other means.
    3. ③ Members modify the program of POCOG without obtaining special rights from POCOG, or hack the Website server, or arbitrarily change the information posted on the Website in whole or in part.
    4. ④ Members duplicate, transmit, or disseminate information obtained through the Services, or use it for publication and broadcasting, or provide it to a third party for any purpose other than use of the Services without prior approval of POCOG.
    5. ⑤ Members impersonate the management, staff members, or officials of POCOG, or interfere with normal operation of the Services with intent.
    6. ⑥ An appropriate public institution including a central administrative agency demands the restrictions on use of the Services.
    7. ⑦ There is a valid reason for restriction of use of the Services.
    8. ⑧ Members violate the regulations defined by POCOG including this Agreement, or other laws and regulations by engaging in activities that are objectively deemed as being associated with crime.
  2. (2) If POCOG restricts use of the Services, it shall notify members of its intention to restrict use of the Services via email, telephone, fax, and other means. The cancellation of the contract of use shall be effective from when POCOG gives the notification to the members.
  3. (3) Even if POCOG restricts use of the Services according to this Article, this Agreement shall apply to the sales contract that was already concluded prior to the restriction of use until the sales contract is completed.
  4. (4) If use of the Services is restricted according to this Article, POCOG may cancel the advertisements and transactions related to the members without further notice. In the case that the member made a payment for the purchased goods with a credit card, POCOG may cancel the payment of the credit card and withdraw all benefits that were given additionally to the member.
  5. (5) If use of the Services is restricted according to this Article, POCOG may reject the members’ application for re-registration.
  6. (6) Members shall take full responsibility for any damage arising from the restrictions on use of the Services, and POCOG shall not assume any responsibility therefor.

Chapter 6 Indemnification and Miscellaneous

Article 18 (Indemnification)

Members shall indemnify POCOG and/or a third party for any damage arising from their willful misconduct and negligence in use of the Services.

Article 19 (Exemption)

  1. (1) If it is impossible to provide services due to natural disaster, war, service interruption by a key telecommunications business operator, or any equivalent force majeure, POCOG shall be exempted from responsibility for providing the Services.
  2. (2) POCOG shall be exempted from liability for any damage arising from unavoidable reasons including repair, replacement, regular check, and/or construction of facilities, etc.
  3. (3) POCOG shall be exempted from liability for the losses caused by a member’s error in use of the computer, or incorrect personal information and/or email addresses entered by a member.
  4. (4) If their willful misconduct or negligence causes losses to a third party, members shall indemnify and hold harmless POCOG from and against any and all claims including a claim for damages by the third party.
  5. (5) POCOG accepts no liability for any profit that members expect or any damage caused by the information that they obtain through use of the Services.
  6. (6) POCOG accepts no liability for any materials posted by members including data and information, and reliability and accuracy of such materials, etc. POCOG is under no obligation to interfere in disputes between members and a third party during use of the Services and does not have responsibility for compensating for damage from the disputes.
  7. (7) POCOG is under no obligation to examine the materials in advance before they are posted by a member, or to always check or review the contents of the postings, and POCOG accepts no liability for the results.
  8. (8) POCOG shall not be responsible for the losses that occur to members regarding use of the Service with the exception of losses caused by POCOG’s willful misconduct or gross negligence.

Article 20 (Governing Law and Dispute Resolution)

  1. (1) Interpretation of this Agreement shall follow applicable laws and regulations of the Republic of Korea.
  2. (2) When a dispute arising from use of the Services occurs between POCOG and a member, both shall strive to settle the dispute in principle. If such efforts fail, it shall be resolved through arbitration of the Korean Commercial Arbitration Board.

Addendum

1. This Agreement shall take effect on August 18, 2016.