Terms of Agreement

Chapter 1 General Provisions

Article 1 (Purpose)

The purpose of this terms of use agreement (the “Agreement”) is to set forth the rights, obligations, responsibilities and procedures related to the use of services (the “Services”) provided on the official website (the “Website”) of the PyeongChang Organizing Committee for the 2018 Olympic and Paralympic Winter Games (the “POCOG”).

Article 2 (Definition)

  1. (1) The definitions of terms used in the Agreement are as follows:
    1. ① “User(s)” means both a member and a non-member who use the Services that the Website of POCOG provides in accordance with the Agreement.
    2. ② “Member(s)” means a user who agrees to the Agreement and uses the Services that the Website of POCOG provides.
    3. ③ “Contract” means any agreements between the members and POCOG in relation to the service use.
    4. ④ “ID” means a unique combination of letters and numbers registered on the Website that was configured by a member and then approved by POCOG for identification of members and use of the Services.
    5. ⑤ “Password” means a combination of letters (including special characters) and numbers registered and configured by members and used to verify user identity and to protect confidentiality.
    6. ⑥ “Withdrawal of membership” means that a member terminates the contract to stop using the Services.
    7. ⑦ Terms that are not included in Article 2 shall be defined in a separate agreement or regulations for each service.

Article 3 (Notification, Effects and Changes of the Agreement)

  1. (1) POCOG shall make the Agreement easily accessible to users by posting it on the Website.
  2. (2) POCOG may amend the Agreement to the extent not contrary to the relevant legislation based on reasonable causes. If a revision is made, POCOG shall post a notification that contains the effective date of the revised version and the reason for changes 15 days prior to the effective date.
    However, if the amendment is unfavorable to users, a notification will be posted 30 days prior to the effective date and personal notification shall be sent to each member through email, text message, etc. (The posted notification shall replace personal notification when it is difficult to send personal notification messages as the member’s contact information was not provided or incorrect.)
  3. (3) Agreeing with this terms of use means that users agree to regularly visit the Website operated by POCOG and check for any changes to the Agreement. POCOG shall not be held liable for any damages to members who did not recognize the changes to the Agreement. Therefore, members shall regularly visit the Website and check for any changes to the Agreement.
  4. (4) Members who do not agree with the changed Agreement can request the withdrawal of membership (termination of the contract). The member will be deemed to have agreed with the revised Agreement if the member does not express any objections to the revised Agreement notified in accordance with Section 2 of this Article.

Article 4 (Additional Terms)

  1. (1) Matters not prescribed by this Agreement shall be governed by the relevant laws and regulations, and general commercial practice.
  2. (2) POCOG may define separate terms or operational regulations for certain Services or individual items of the Services (the “Guidelines of the services”) if necessary. If there is any conflict between the terms in this Agreement and the Guidelines of the Services, the Guidelines of the services shall govern.
  3. (3) If any change is made to the Guidelines of the services, POCOG shall notify the changes on the Website 7 days prior to the effective date.
  4. (4) Members shall always be aware of any changes in the Guidelines of the services and they shall check when there is an announcement of changes.

Chapter 2 Conclusion of the Contract

Article 5 (Formation of the Contract)

  1. (1) The Contract becomes valid when the user agrees to the terms and conditions and POCOG approves the user’s application for service usage. The person who shall use the Service can agree to the terms by checking “Agree” in the Agreement on the membership sign up page.
  2. (2) Membership becomes valid when POCOG’s permission for use of the Services is displayed on the service screen, or announced to the applicants via email or any other means that POCOG decides.

Article 6 (Application for Use of the Services)

  1. (1) Users who are willing to sign up and use the Services shall provide general information that POCOG requests (Email (ID), Password, Nationality, Name, Year of Birth, Place of Residence, Phone Number, etc.).
  2. (2) Users can sign up for the membership and use the Services only after they provide their information. Members who sign up under a false identity or the identity of another person, or do not provide their true and sincere information cannot claim their rights regarding the service use and may get punished by the related laws.
  3. (3) POCOG may take steps of certification or confirmation through means decided by POCOG regarding the information registered by members. Members shall actively cooperate with such actions taken by POCOG. If they do not comply with such actions, the information registered by the member may be considered false and dealt with accordingly.
  4. (4) Members, not POCOG, shall be responsible for any issue resulting from their duplicated sign-in (limited access to services, etc.).

Article 7 (Modification, 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 signup within a reasonable period of time. However, the items that are not changeable such as name, ID, etc. cannot be modified. POCOG is not responsible for any loss caused by a member’s failure to update the changes in his/her information, instead the burden of such responsibility lies on the member.
  2. (2) POCOG endeavors to protect personal information of members according to the related laws. The protection and use of members’ personal information shall be based on the related laws and POCOG’s privacy policy. However, POCOG’s private policy does not apply to other third party websites linked to the POCOG Website. In addition, members should take care of their personal information thoroughly to prevent it from being exposed to others. POCOG shall not be held liable for any issues caused by the information exposed due to a member’s careless management or negligence.
  3. (3) POCOG shall not make use of personal information of members for any other purposes or provide it to a third party without a consent. However, POCOG may provide personal information to third parties without the consent of members within the range permitted by the related laws in the following cases:
    1. ① There is a separate consent from the user
    2. ② There are special provisions in any other act
    3. ③ It is deemed necessary to protect physical safety or property interests of the user or a third person when the user or his/her legal representative cannot express his/her intention or give prior consent since his/her address is unidentified, etc.
    4. ④ Personal information is necessary for the purposes of the statistics, scientific research, etc. and the personal information is provided in a form by which a specific individual cannot be identified.
    5. ⑤ Using personal information for any purposes other than the intended ones or providing a third person with such information is required to perform affairs prescribed in any other act, and this process has undergone deliberation and resolution by the Protection Committee as described in Article 7.1 of the Personal Information Protection Act.
    6. ⑥ It is necessary to provide a foreign government or international organization with the personal information in order to implement a treaty or any other international agreement.
    7. ⑦ It is necessary for investigation and public 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 transfer certain personal information of the members to the International Olympic Committee (the “IOC”) and the International Paralympic Committee (the “IPC”) to promote the Olympic Games as well as the Olympic and Paralympic Movement when POCOG has obtained consent from the member.

Article 8 (Permission and Restriction of Service Usage)

  1. (1) Regarding the applications for use of the Services specified in Article 5 and 6, POCOG accepts the applications in the order of application submission unless there is any business or technical issue.
  2. (2) POCOG may reject or delay approval of the Service use application in the event of any of the following:
    1. ① The user provides false information that is not his/her own (A case when it turns out that the personal information provided was not that of the applicant in the identification process or when there is false, omitted, misspelled information in the application content, etc.)
    2. ② The user applied with the purpose of violating laws or undermining a social welfare, public order and morals.
    3. ③ The user intends to use the Services for illegal purposes
    4. ④ The user intends to use the Services for the purpose of pursuing profit.
    5. ⑤ The application for the use of the Services turns out to be against this Agreement, illegal or inappropriate.
  3. (3) POCOG may delay approval of the Service use until the cause of the delay is removed if:
    1. ① There is a lack of facilities
    2. ② There is a technical constraint
    3. ③ Other policy of POCOG does not allow permission
  4. (4) Access to the Services will be restricted to minors under the age of 14.
  5. (5) POCOG can immediately withdraw the permission for the use of the Services in any case stipulated in Section 2 or the following cases after the membership registration is completed.
    1. ① The member fails to make a payment for the goods and services purchased through the Services on time.
    2. ② The member threatens the public order in e-commerce, including but not limited to, interfering with the service usage of other persons or pirating the information.
    3. ③ The member disturbs the operation of POCOG by habitually and repetitively cancelling the purchase on the Website and returning the purchased product or service without any convincing reasons.

Article 9 (Granting and Modification of the User ID)

  1. (1) POCOG can grant the member ID according to the Agreement.
  2. (2) In principle, ID cannot be modified and one ID is assigned to each member. In case that a member shall modify the ID owing to unavoidable circumstances, he/she must cancel the terms of use and re-sign in the Website, and the cancelled ID cannot be reused. The member shall be responsible for all the problems caused from having multiple IDs, and POCOG shall not take any responsibilities regarding the issue.
  3. (3) POCOG has the authority to stop providing the Services to the members whose IDs apply to any of the following cases:
    1. ① More than 2 IDs are registered.
    2. ② The ID gives others feeling of aversion or disturbs the public morals.
    3. ③ The ID is the same as the name of the Services, ID of the administrator or may lead to misconception.
    4. ④ POCOG decides that the ID needs to be suspended.
  4. (4) Members shall be responsible for managing their user IDs and Passwords. The members shall be responsible for any losses or damages caused by their careless management of ID and password or unlawful use by a third party. POCOG shall not be held responsible for the above.
  5. (5) Other matters regarding personal information management and modification are in accordance with the Guidelines of the services.

Chapter 3 Obligations of the Contracting Parties

Article 10 (Obligation of POCOG)

  1. (1) POCOG shall let a member use the Services in case that the member applies for the use of the Services unless there is a reason specified in Article 8.
  2. (2) In order to provide the Services in a continuous and secure manner, when there is a fault or damage in the equipment, POCOG shall without delay restore or repair it unless there is a reason not to do so.
  3. (3) POCOG shall develop a security system, and notify and comply with the Privacy Policy for the protection of personal information.
  4. (4) POCOG shall process opinions or complaints filed by the users immediately if they are deemed reasonable and objective. However, if the processing takes a long time, POCOG shall notify the member of the reason for the delay and an indication when the member can expect a more detailed reply.

Article 11 (Obligation of a Member)

  1. (1) A member shall provide his/her sincere information based on the fact at the time of membership registration or modification of the membership information. In case of registration of false or others’ information, the member shall not claim any rights regarding this.
  2. (2) A member shall comply with the stipulation of this Agreement, other general regulations defined by POCOG, notifications from POCOG, and related laws. In addition, a member shall not engage in any activity that can disrupt the task of POCOG, damage the honor of the PyeongChang 2018 Olympic and Paralympic Winter Games or POCOG, or cause damages to others.
  3. (3) A member can view and edit their personal information at any time. However, the items that are required for the service management (real name, ID, etc.) cannot be modified.
  4. (4) In the event that there is a change in the registered information, the member shall update the information online or notify POCOG of the change via email, fax, etc.
  5. (5) POCOG shall not be held responsible for any disadvantages that occur due to a member’s failure to update his/her information or notify POCOG of such changes as stipulated in Section 4.
  6. (6) A member shall not engage in business activities using the Services without a prior consent of POCOG, and POCOG shall not be held responsible for the consequences of such business activities. In the event that any losses or damages occur to POCOG as a result of such business activities, POCOG shall ask the member to take legal responsibility.
  7. (7) A member shall not assign or transfer the right to use the Service or any other rights under this Agreement to a third party or offer such rights as security without obtaining prior approval from POCOG.
  8. (8) A member shall not infringe any rights including intellectual property rights of POCOG and other third parties or engage in the activities specified in Article 17.

Chapter 4 Service Usage

Article 12 (Service Usage Period)

  1. (1) In principle, the Services shall be provided 24 hours a day except when service interruption is unavoidable due to business or technical issues of POCOG. POCOG may also temporarily suspend the Services for operational and maintenance reasons such as a regular system checkup, repair, replacement, and construction of the service equipment, malfunction, communication interruption and traffic issues. In such cases, POCOG shall inform the members of the service interruption and the reasons through the notice board.
  2. (2) POCOG may stop the Services entirely or partially without notification in the event of force majeure such as natural disasters, national emergency, power failure, etc.
  3. (3) With the provision of advance notification, service usage may be entirely or partially limited in the event of service upgrades or other relevant events for service maintenance.

Article 13 (Posted Materials)

  1. (1) “Posted Material” is defined as informational text, photos, videos or any other files and site links posted by members including marks, letters, voice, sounds and video images.
  2. (2) Members will hold civil and criminal liability when the materials they posted infringe intellectual property rights of others or cause any damage to themselves or others, and POCOG does not take any responsibility for the above.
  3. (3) POCOG reserves the rights to edit, move, delete or refuse to register materials without notification in advance when members post the following materials:
    1. ① Contents that may be offensive or slanderous to other members or a third party
    2. ② Contents or site links that undermine public morals and order
    3. ③ Contents encouraging illegal copy or hacking activity (Distribution of Malware or other data that can cause malfunction of devices and equipment)
    4. ④ Advertisements made for commercial purposes
    5. ⑤ Contents related to politics which are limited by law
    6. ⑥ Contents which are considered to be associated with criminal activities
    7. ⑦ Contents that infringe third party rights including intellectual property rights
    8. ⑧ Materials including personal political opinions or religious views which are considered unsuitable for the Website by POCOG
    9. ⑨ Contents that violate the rules set by POCOG or are not suitable for the Website.
    10. ⑩ Contents that are considered to violate other relevant laws
  4. (4) If a third party demands POCOG remove the contents for libel or right (e.g. intellectual property rights) violation issues, POCOG may limit the access to the contents temporarily. If there is any lawsuit or settlement between the person who requested removal of the contents and the user who posted the contents, POCOG shall follow the final results of such legal actions once they are submitted to POCOG.
  5. (5) When contents are arbitrarily suspended, the member who posted the suspended material can request for a repost to POCOG. If there is no such request for three months from the suspension, POCOG may delete the material.

Article 14 (Intellectual Property Rights of Posted Materials)

  1. (1) Intellectual property rights and other related copyright of materials posted and revealed by POCOG shall belong to POCOG.
  2. (2) Copyright of the materials posted by members shall be held by the corresponding members. Members will hold civil and criminal liability including when their postings infringe another person’s copyright.
  3. (3) Members agree that POCOG can use the materials posted by the members free of charge as described below. With the exception of the contents that should be retained under the relevant laws, POCOG shall immediately delete or stop using the contents if the member who posted the contents requests.
    1. ① Duplicating, exhibiting, transmitting posted materials or creating a derivative work or a compilation work based upon the posted materials within the Services that POCOG provides.
    2. ② Using posted materials, secondary copyrighted materials (derivative works) or compilation works for sales promotions, advertisements, and other areas.
    3. ③ Allowing consortium partners of POCOG such as press agencies and mobile network operators to use the materials posted by the members (In this case, POCOG does not provide any other personal information of the members except for their IDs to the third parties mentioned above without the agreement of the members.)
  4. (4) POCOG must obtain the members’ prior consent through phone calls, email communication or by other means in order to use members’ postings in the ways that are not mentioned in the second statement of this Article. However, if members do not receive POCOG’s contact or they cannot be reached due to incorrect contact information, POCOG may request for the consent after the usage.
  5. (5) Materials posted by members are not deleted when the corresponding members have cancelled the terms of services.

Article 15 (Provision of Information)

  1. (1) POCOG may disclose user information to a third party when it is deemed necessary for providing services based on a prior consent of members.
  2. (2) POCOG may collect additional information of members for the purpose of service improvement, or service introduction to members with the agreement from members.
  3. (3) Members shall be held responsible if they duplicate, transmit, publish, distribute, broadcast any information obtained by using the Services or the Website or let a third party use such information without a permission of POCOG.

Chapter 5 Membership Withdrawal and Restrictions on Service Use

Article 16 (Changing & Cancelling Membership)

  1. (1) For membership withdrawal, members must cancel the membership by themselves online or by sending email requesting for the cancellation of the terms of services. All product trades in progress must be completed, withdrawn or cancelled before the membership cancellation is notified. Any disadvantages through the withdrawal and cancellation of trade should be covered by the member. If members are in default, POCOG may restrict the Withdrawal of Membership until the execution of the payment. When the Service use is suspended due to violation of the Agreement and the related laws and regulations, POCOG may restrict the Withdrawal of Membership to prevent the recurrence of such action.
  2. (2) POCOG shall delete a member’s registered information based on its Privacy Policy when the member cancels the Agreement and a notification will be sent to the member. If the cancellation is to be processed through POCOG’s authority, members will be given an opportunity of vindication before cancellation.

Article 17 (Restrictions on Service Use)

  1. (1) When members violate Article 11 of the Agreement or in the event of any of the following cases, POCOG may restrict the member’s usage of the Services, cancel the Agreement and take other necessary actions (the “Service Usage Restriction”).
    1. ① Registering wrongful user information, using other members’ ID, owning more than one user ID, plagiarizing other user passwords and user information, trading or providing user ID to others
    2. ② Distributing the information, sentences, figures, audio materials or videos containing obscene contents counter to public morals or the contents that can damage or infringe on other person’s honor and privacy by transferring, posting, emailing or by other means
    3. ③ Making modification to the program of POCOG without being granted special right from POCOG, or hacking the Website server, or changing partial or entire parts of the information that are put up on the Website arbitrarily
    4. ④ Duplicating, transmitting, distributing the information obtained through the Services or using the information for publication and broadcasting, or providing a third party with such information without the prior consent of POCOG for any purpose other than service usage.
    5. ⑤ False personation under the name of the management, staffs, or the officials of POCOG, or any activity that interferes with the normal operation of the Services on purpose
    6. ⑥ When given a correction request from related public institutions such as the central administrative agency
    7. ⑦ When there is a convincing reason for restriction of the Service use according to the rational decision of POCOG
    8. ⑧ Activities that violate the regulations defined by POCOG including this Agreement or the activities that are objectively deemed as being related to crimes based on the relevant laws
  2. (2) When POCOG limits the use of the Services, POCOG shall notify a member of such Service Usage Restriction via email, telephone, fax, etc. The cancellation of the Agreement shall be effective from the point that POCOG gives a member the notification of cancellation.
  3. (3) Even if the service usage is restricted by POCOG as stipulated in this Article, this Agreement shall be applied to the sales contract that was already concluded prior to the Service Usage Restriction until the contract is completed.
  4. (4) When the Services are restricted according to this Article, POCOG can cancel the advertisement and transaction related to the member without further notice. In the case that this member made a payment with a credit card, POCOG can cancel the payment of the credit card, and can withdraw all benefits that were given additionally to the member.
  5. (5) When service usage is restricted as mentioned in this Article, POCOG may reject the member’s re-registration of Service usage.
  6. (6) Members should take full responsibility of the consequences related to the members’ Service Usage Restrictions and POCOG does not take any responsibility of the damage.

Chapter 6 Compensation for Damage and Miscellaneous

Article 18 (Compensation for Damage)

A member shall indemnify POCOG and/or a third party for any damages caused by the member’s willful misconduct and negligence in relation to the use of the Services.

Article 19 (Exemption)

  1. (1) POCOG is not responsible or liable for providing the Services in the case of natural disasters, war, service suspension by the key telecommunications service provider or any other equivalent force majeure.
  2. (2) POCOG is not responsible or liable for any damages resulted by any unavoidable reasons including but not limited to service system recovery, replacement, inspection, and/or construction.
  3. (3) When damages are caused by errors related to a member’s use of computer or incorrectly entered personal information and/or email addresses, POCOG is not responsible or liable for such damages.
  4. (4) A member should indemnify and hold harmless POCOG and its officers, directors, agents, employees and volunteers from and against any and all claims by, or liability to any third party which arises out of a willful misconduct or negligent act of the member.
  5. (5) POCOG accepts no liability for any profit that a member may expect or any damage caused by information that a member may obtain from or in relation to using the Services.
  6. (6) POCOG accepts no liability for any materials posted by a member including but not limited to data and information as well as reliability and/or accuracy of such materials. POCOG is under no obligation to interfere with disputes between the member and a third party during the services transmission and does not have responsibility to compensate for the damages.
  7. (7) POCOG is under no obligation to revise any material in advance before it is posted by a member and POCOG accepts no liability for the results.
  8. (8) POCOG shall not be responsible for any damages that a member suffers in relation to use of the Services with the exception of damages caused by POCOG’s willful misconduct or gross negligence.

Article 20 (Governing Law & Dispute Settlement)

  1. (1) Interpretation of the Agreement will follow the existing laws and regulations of Korea.
  2. (2) POCOG and a member must strive to achieve the harmonious settlement of disputes regarding the use of the Services. If such efforts fail, settlements shall be achieved through arbitration at the Korean Commercial Arbitration Board.

Supplementary Provision

1. The agreement shall be effective from 18th August, 2016.

2. In case of discrepancies between the Korean text version of this Agreement and any translation, the Korean version shall prevail.