Chapter 1: General Provisions
Article 1 [Purpose]
1. The Terms of Use for the Golf VX System Operators (hereinafter referred to as the "Terms") aim to specify the details regarding the use of the online services provided by Golf VX and the Golf VX System (hereinafter referred to as "QMS") between Golf VX (hereinafter referred to as the "Company" or "Golf VX") and the operators of the establishments where Golf VX products are installed (hereinafter referred to as the "Operators").
Article 2 [Definitions]
1. The definitions used in these Terms are as follows:
① "Establishment" refers to the locations approved by the Company for the provision of services where Golf VX products are installed, and "Operator" refers to any individual or entity that purchases Golf VX products from the Company to conduct business for profit or non-profit purposes.
② "Usage Contract" refers to all agreements made between the Company and Operator regarding the use of online services, including these Terms.
③ "QMS" refers to all services utilized by users from the Company (including the latest software, various content, user game records, internet-based venue management tools, event management, etc.).
④ "Content" refers to the software and related services developed and provided by the Company for end users.
⑤ "Online Service" refers to all services related to Golf VX and any other related services provided to members through the Company's internet site, including services currently offered or to be offered in the future.
⑥ "Golf VX Service" refers to the content and QMS provided by the Company.
⑦ "Online Upgrade" refers to software upgrades conducted by the Company for the Golf VX program via the internet.
⑧ "End User" refers to all individuals utilizing Golf VX software and related services at Golf VX establishments.
⑨ "Member" refers to an individual who has registered by providing personal information on the internet site, allowing them to freely access the site using the ID they set during registration and continuously receive information from the site or use the services provided by the establishment.
⑩ "ID" refers to a unique combination of letters and numbers assigned by the Company during their application for the purpose of identifying the member and using the service.
⑪ "Password" refers to a unique combination of letters and numbers initially set by the Company and registered on the "Internet site" to verify their identity, corresponding to the user ID.
⑫ "Service Fees" refers to amounts paid by the Operator to the Company, which allows the Operator to use the online content.
⑬ "Golf VX Tournament" (hereinafter referred to as "Tournament") refers to an online golf tournament held depending on the organizing entity. The Company or Operator can freely host the tournament, and the organizer bears all rights and responsibilities.
⑭ "Kakao CI" refers to the Company's logos or symbols, such as 'Kakao', 'Kakao VX', 'Golf VX', etc., while "Kakao BI" refers to the corporate image distinguished from other products.
⑮ "Service Data" refers to all data generated, collected, or processed through the use of the Golf VX services, including but not limited to operational data, usage data, performance data, and data relating to End Users, but excluding any intellectual property owned by the Company.
⑯ "Company IP" refers to all intellectual property rights owned by or licensed to the Company, including but not limited to software, content, systems, trademarks, service marks, logos, trade names, designs, and all related technology and materials associated with the Golf VX services.
2. Terms used in the agreement that are not defined in Paragraph 1 shall follow applicable laws or general practices.
Article 3 [Effect, Application, and Changes of the Terms]
1. These Terms shall take effect upon being posted on the QMS (Friends Academy Management System) or otherwise made available to Operators. By agreeing to these Terms or using the service, the Operator becomes subject to them.
2. The Company may amend these Terms from time to time to the extent permitted under applicable law, including applicable United States federal and state law and Canadian federal and provincial law.
3. In the event of any changes to these Terms, the Company shall:
a. Specify the content of the revised Terms and the effective date; and
b. Provide notice to Operators at least fifteen (15) days prior to the effective date through the QMS or other reasonable means of communication.
If the changes are materially adverse to the Operator, the Company shall provide at least thirty (30) days' prior notice, unless a shorter period is required by law or necessary for security, legal compliance or fraud prevention.
4. Operators are responsible for reviewing updates to the Terms. The Company shall not be liable for any damages resulting from an Operator's failure to review such updates.
5. If an Operator does not agree to any material changes to these Terms, the Operator must cease use of the service and may terminate the service agreement prior to the effective date of the revised Terms. Continued use of the service after the effective date shall constitute acceptance of the revised Terms to the extent permitted by applicable law.
6. Where required by applicable law, the Company may request explicit acceptance of revised Terms before they become effective.
Article 4 [Rules Regarding Matters Not Specified in the Terms]
1. The Company may establish individual terms and operating principles (hereinafter referred to as "Individual Terms") regarding specific items of the service agreement as necessary. In cases where there is a conflict between the terms and the content of the Individual Terms, the content of the Individual Terms shall take precedence.
Chapter 2: Service Use Agreement
Article 5 [Establishment of the Use Agreement]
1. Any business wishing to use the Golf VX service must:
a. Purchase Golf VX equipment pursuant to an Equipment Sales Agreement and applicable Software License Agreement; and
b. Agree to these Terms.
The use agreement between the Company and the business (the "Operator") shall be deemed established upon completion of equipment installation and activation of the service.
2. Acceptance of these Terms shall be completed through execution of an order form, written agreement, or other legally binding method of assent recognized under applicable law. Such acceptance, whether in electronic or written form, shall have the same legal effect as a handwritten signature to the extent permitted by applicable law.
3. The Operator represents and warrants that all information provided during the application and onboarding process is accurate, complete, and current. The Operator shall promptly update any such information as necessary. Failure to provide accurate information may result in denial or termination of service and limitation of the Operator's rights under these Terms.
4. The Company may refuse to approve an application for, or may suspend or terminate, the use agreement if it determines, in its reasonable discretion, that any of the following conditions apply:
a. The Operator has provided false, misleading, or incomplete information;
b. The Operator's use of the service may violate applicable laws or regulations, or harm public order or morals;
c. The Operator is subject to material credit risk, insolvency, or non-payment concerns;
d. The Operator does not meet the technical, facility, or operational requirements necessary to provide the Golf VX services;
e. The Operator intends to use the service for unlawful purposes, including but not limited to gambling or fraudulent activity;
f. The Operator has previously had its agreement terminated due to violations of law or these Terms;
g. The Operator fails to meet any applicable legal or regulatory requirements for operating its business;
h. The Operator fails to maintain required internet connectivity or otherwise disables core service functionality; or
i. The service is used in a manner inconsistent with its intended commercial purpose (including misuse solely for non-commercial or unauthorized purposes).
5. The Company may delay approval of an application or activation of services where reasonably necessary due to:
a. Insufficient infrastructure or technical capacity to support the Operator;
b. System outages, maintenance, or service disruptions; or
c. Events beyond the Company's reasonable control, including force majeure events such as natural disasters or governmental actions.
6. The Company shall not be liable for any losses incurred by an applicant or Operator resulting from a refusal or delay in approval of the use agreement, except to the extent required by applicable law.
Article 6 [Duration of the Service Agreement]
1. The service agreement shall commence on the date it is established in accordance with Article 5 and shall continue until terminated in accordance with these Terms.
2. Either party may terminate the service agreement at any time upon prior written notice to the other party in accordance with Article 27 [Notifications].
3. Unless otherwise specified in a separate agreement, termination by the Operator shall take effect upon completion of any applicable termination procedures and settlement of all outstanding fees.
4. The Company may suspend or terminate the service agreement immediately, without prior notice, where:
a. the Operator materially breaches these Terms;
b. the Operator engages in unlawful or fraudulent activity; or
c. continued provision of the service would expose the Company to legal, regulatory, or security risks.
5. Termination of the service agreement shall not affect any rights or obligations accrued prior to the effective date of termination, including payment obligations.
Article 7 [Protection and Use of Information Provided by the Operator]
1. The Company shall collect, use, store, and disclose personal information in accordance with applicable data protection and privacy laws, including, where applicable:
a. United States federal and state privacy laws (including the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA)); and
b. Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation.
2. The Company shall implement reasonable administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, disclosure, alteration, or destruction.
3. The Company's privacy practices shall be further described in its Privacy Policy, which is incorporated by reference into these Terms. In the event of any conflict between these Terms and the Privacy Policy, the Privacy Policy shall govern with respect to personal information.
4. The Operator acknowledges that it is independently responsible for complying with all applicable privacy and data protection laws with respect to any personal information it collects, uses, or processes outside the scope of the Company's services.
5. The Operator shall be responsible for maintaining the confidentiality and security of its account credentials, including passwords, and for restricting access to its systems. The Company shall not be liable for any unauthorized access resulting from the Operator's failure to adequately safeguard such information.
6. The Company may disclose personal information to third parties only as permitted by applicable law and as necessary to provide the services, including in the following circumstances:
a. To comply with legal obligations, court orders, or lawful requests from governmental authorities;
b. To service providers or vendors performing functions on behalf of the Company (such as payment processing, hosting, or delivery services), subject to appropriate contractual safeguards;
c. In connection with billing, payment processing, fraud prevention, or identity verification;
d. In connection with a merger, acquisition, financing, or sale of assets, subject to appropriate confidentiality obligations; or
e. Where the information has been aggregated or de-identified such that it does not identify an individual.
7. Personal information may be transferred to, stored in, or processed in jurisdictions outside the Operator's location, including the United States. The Company shall ensure that such cross-border transfers comply with applicable legal requirements.
8. The Company shall retain personal information only for as long as necessary to fulfill the purposes for which it was collected or as required by applicable law.
Article 8 [Changes to Information]
1. The Operator must diligently manage its information for using the Golf VX service and must update any changes to that information.
2. The Operator is responsible for any damages incurred due to delays or omissions in updating its information.
Article 9 [Use of Contract and Rules]
1. The Company may require the Operator to enter into separate service-specific terms in addition to these Terms when providing the Golf VX service.
2. Services that require separate terms may be used once the Operator agrees to the Terms for that service and submits a usage application, which the Company then approves.
Chapter 3: Use of Services
Article 10 [Scope of Use for Kakao BI / CI / Kakao Friends Characters / Golf VX]
1. All intellectual property rights, including copyrights, trademarks, service marks, logos, trade names, software, content, and related materials associated with Golf VX and the services (collectively, the "Company IP"), are owned by the Company or its licensors.
2. Subject to these Terms, the Operator is granted a limited, non-exclusive, non-transferable, and revocable right to use the Company IP solely for the purpose of operating the Golf VX services at approved establishments and in accordance with the Company's guidelines.
3. The Operator shall not, without the prior written consent of the Company:
a. use any Company IP in a manner inconsistent with the Company's brand guidelines or instructions;
b. modify, reproduce, distribute, or create derivative works from the Company IP;
c. use any Company IP for promotional, marketing, or commercial purposes outside the scope expressly permitted by the Company; or
d. use any Company IP in a manner that may damage, dilute, or otherwise adversely affect the Company's brand, reputation, or goodwill.
4. The use of specific brand elements, including but not limited to Kakao, Kakao VX, Golf VX, Kakao Friends, and Niniz characters, shall strictly comply with the Company's branding and usage guidelines. Any use of such elements in signage, interior design, promotional materials, or other business-related applications must be expressly authorized by the Company.
5. The Operator acknowledges that all trademarks, service marks, logos, brand elements, and characters associated with the Company or its licensors are the exclusive property of the Company or its licensors. Any unauthorized use, reproduction, modification, or display of such intellectual property is strictly prohibited. In the event of any violation of this provision, the Operator may be subject to:
a. immediate suspension or termination of the service;
b. claims for damages and injunctive relief; and
c. any civil or criminal liability arising under applicable intellectual property laws.
Article 11 [Commencement of Service Use]
1. Online service will commence upon the completion of the equipment installation. Any new or additional services will commence on a date agreed upon by the Company and the Operator.
2. The Golf VX service is a paid service, and the service fee specified in Article 17 must be paid to use the service.
3. If the service cannot be started due to business or technical issues on the Company's side, the Company will notify the Operator.
Article 12 [Use of Service]
1. The service will be provided immediately upon the completion of the equipment installation at the Operator's establishment.
2. The service will generally operate 24 hours a day, 7 days a week, unless there are specific business or technical circumstances. However, the Company may temporarily suspend online services for regular maintenance, expansions, or replacements. Scheduled maintenance will be announced in advance on the Company's website or by other established means of communication.
3. In the event of urgent system maintenance, expansion, replacement, equipment failure, excessive demand for online services, national emergencies, power outages, or other inevitable reasons, the Company may temporarily suspend the provision of all or part of the paid service without prior notice. In such cases, the reasons and duration will be notified to members on the Company's website, or by other established means of communication, either in advance or afterward.
4. The Company may announce and provide new services and content that incur "online usage fees" on a paid basis after notifying users online.
5. The Company may announce and provide the use of the "Driving Range" in the Golf VX client program on a paid basis after notifying users online.
Article 13 [Classification of Golf VX Service Use]
1. The services provided by the Company include both free and paid services.
2. The types of paid services and their associated fees will be announced separately by the Company through online and written notifications.
3. The services offered by the Company include content accessible to all users and content accessible to members.
4. Content accessible to members will be announced separately through online and written notifications.
5. Content accessible to members can only be used by members who log in to the Golf VX service. General users will be limited to access this content.
Article 14 [Changes and Suspension of Services]
1. The Company may change the services being provided for substantial reasons, such as operational or technical needs. Any changes to the service details and the date of provision will be notified online or in writing to the Operators in advance.
2. In cases of unavoidable circumstances such as critical bugs, server device malfunctions, or urgent security issue resolutions, the Company may notify the Operators after the fact if they cannot notify in advance.
3. Operators can request changes or suspensions of services for specific sensors or simulators, adhering to the following policies:
a. Requests for sensor/simulator service suspension by the Operator are limited to a maximum of two times per year.
b. Suspended sensors/simulators may be kept in a suspended state for a maximum of six months from the date of the request; if this period is exceeded, the service will automatically revert to a billing state.
4. The Company may restrict or suspend all or part of the services in the following cases. While the Company is obligated to provide prior notice, it may notify afterward in situations where prior notice is generally not possible:
a. In cases of force majeure, such as war, military actions, natural disasters, or national emergencies.
b. When normal service usage is hindered due to power outages, equipment malfunctions, or sudden surges in usage.
c. In cases of necessary maintenance or repairs of service equipment and facilities.
d. When the Company is unable to provide services due to various circumstances.
Article 15 [Management of Posts]
1. Operators may register information about their stores through QMS to display on the Golf VX website.
Article 16 [Copyright of Posts]
1. The Company may delete, move, or refuse registration of posts or materials submitted by the Operator without prior notice if the registered information falls into any of the following categories:
a. Content that violates public order and morals.
b. Content that includes information about other brands besides Golf VX without the Company's consent.
c. Content that is unrelated to the operation of Golf VX stores.
d. Content that infringes on copyrights or other rights.
e. Content that violates the posting principles established by the Company or does not align with the nature of the bulletin board.
Chapter 4: Service Fees
Article 17 [Fees for Paid Services]
1. The Company may determine and announce the method of service fees (e.g., pay-per-use, monthly subscription, per-game fee, lifetime fee) based on the products and offerings associated with the Golf VX service, and may charge service fees accordingly.
2. Currently, Operators pay a monthly Technology Fee for their service.
3. The Company may raise or lower service fees as needed, upon reasonable prior notice to the Operator.
4. Paid SMS services, if used, are provided on a prepaid basis, and fees are deducted only when the messages are successfully sent. Failed messages are settled once a day and refunded as a fee.
5. Delivery record and status for the SMS service can be checked through the 'SMS' menu.
6. The validity period for prepaid amounts or credits available for use under the Company's service fee methods (including pay‑per‑use, subscription, per‑game, or lifetime plans) shall be disclosed at the time of purchase or activation and shall comply with applicable local law.
a. For Operators located in the United States, expiration and refundability shall be governed by these Terms and applicable U.S. law.
b. For Operators located in Canada, expiration and refundability shall comply with applicable provincial consumer protection and gift‑card legislation. To the extent required by law, prepaid amounts may not expire.
Article 18 [Refund of Service Fees]
1. Refund eligibility, timing, and method for prepaid or unused service fees shall be governed by these Terms and applicable law in the jurisdiction where the Operator is located.
2. Any unused balance of prepaid fees for paid SMS services shall be refunded upon termination or discontinuation of the applicable service, to the extent permitted by applicable law.
3. Service fees associated with equipment or services that remain active shall not be refundable where the Operator failed to request suspension or termination of such equipment or services, except where otherwise required by applicable law.
4. The Company may offset any outstanding service fees, maintenance charges, or other amounts owed by the Operator against any refundable balance, to the extent permitted by applicable law.
5. Any approved refund shall be processed within thirty (30) days unless otherwise required by applicable law following confirmation of eligibility.
6. For Operators located in Canada, mandatory provincial consumer protection laws, including prepaid purchase regulations, shall prevail in the event of any inconsistency with these Terms.
7. Refunds shall be issued using the original payment method unless otherwise agreed.
Article 19 [A/S (After-Sales Service)]
1. Requests for A/S related to the "online service" and "Golf VX service" (hereinafter collectively referred to as "Service") can be made by phone to Golf VX Customer Support Center (888-465-3891). If there are any outstanding debts between the Company and the Operator related to A/S, requests may not be accepted. In such cases, the request can be processed only after the outstanding amount is paid.
2. The Company must repair the "service" free of charge, except in cases where errors occur due to the negligence of the Operator, within the warranty period (one year from the start of the service).
3. Even if a request is made in accordance with Paragraph 1, A/S will not be processed in the following cases:
a. Errors caused by the Operator's responsibility, such as a desire to change the "service," which the Company cannot resolve.
b. Cases of force majeure due to natural disasters (lightning, fire, earthquake, floods, tsunamis, etc.).
Chapter 5: Obligations of Contracting Parties
Article 20 [Company Obligations]
1. The Company will ensure that the paid service is available on the date requested by the Operator, unless there are circumstances of force majeure such as natural disasters.
2. The Company will address any malfunctions in the Golf VX service without delay, unless there are exceptional reasons.
3. The Company will disclose its privacy policy and make efforts to protect the personal information of the Operator.
4. The Company must recognize any opinions or complaints raised by the Operator and make every effort to improve the situation through appropriate procedures.
Article 21 [Operator Obligations]
1. The Operator must provide all information based on facts and truth for the registration request, for the use agreement and personal information changes.
2. If the Operator registers false information or the information of others, they cannot claim any rights arising from the use agreement or its compliance.
3. The Operator must comply with all applicable laws, terms, individual agreements, and any announcements made by the Company.
4. If the Operator's information changes, they must immediately notify the Company of the change. The Company is not responsible for any damages arising from the Operator's failure to fulfill this informing obligation.
5. The Operator may not steal another Operator's account (ID) or password nor may they interfere with the online service provision of other Operators.
6. The Operator must not use the online service for illegal purposes such as facilitating gambling. If the Operator encourages or aids illegal activities, such as gambling by users on the premises, the Company may immediately suspend the online service, and the Operator will bear all responsibility for any illegal activities on their premises.
7. All issues arising from providing online services to users in the Operator's premises due to reasons not attributable to the Company must be resolved under the responsibility of the Operator.
8. The Operator must make every effort to prevent users from unfairly using the online service for the fair operation of competitions.
9. The Operator must not intentionally interfere with the online service provided by the Company and QMS service operation, send information that could disrupt stable operation, or transmit, post, distribute, or use materials containing software viruses, computer codes, files, or programs designed to disrupt or destroy the normal operation of telecommunications equipment.
10. The Operator may not assign, donate, provide collateral, or engage in any disposal actions regarding their status under the use agreement to a third party without prior written consent from the Company.
11. The Operator must not alter or modify the Company's or third parties' client programs, server programs, firmware, or other copyrighted works.
12. The Operator is fully responsible for the use and management of personal information obtained from users for purposes unrelated to the QMS service. If the Operator collects, infringes, or discloses user personal information without authorization, the Company may suspend the online service, and the Operator will bear all legal responsibilities related to the use and management of personal information.
Chapter 6: Service Use Restrictions and Contract Termination
Article 22 [Service Use Restrictions]
1. False information registration or using someone else's ID, password, or other personal information.
2. Providing customer information acquired in the course of business, or the Company's trade secrets, to others for compensation or free of charge.
3. Unlawfully modifying the Golf VX software, causing harm to the entire Golf VX service through malicious use, or colluding in such actions occurring within the Operator's establishment.
4. Actions violating public order and morals, harming the Golf VX service and brand.
5. Modifying the Company's client program without special rights granted by the Company, hacking Company's server, or arbitrarily changing any part or all of the website or published information.
6. Obtaining information through online services is reproduced for purposes other than using the online services without prior consent from the Company, or used for publishing, broadcasting, or provided to third parties.
7. Impersonating Company executives, employees, or related personnel, or deliberately interfere with normal online service operations.
8. Compliance actions required by applicable laws or lawful requests from competent governmental authorities in the jurisdiction where the Operator is located.
9. Violating any regulations set by the Company and agreed upon by the Operator in relation to relevant laws, the use agreement, or separate terms.
Article 23 [Termination of Use Agreement]
1. If the Operator wishes to terminate the use agreement, they must submit a termination request through the Company's customer service, and the Company is obligated to promptly review and process the request.
2. If the Company intends to terminate the use agreement, it will notify the Operator in advance about the termination and provide an opportunity for explanation before proceeding with the termination process.
3. If the Operator has debts to the Company and the debt situation is unresolved, the termination of the use agreement may be delayed.
Chapter 7: Compensation for Damages and Exemption
Article 24 [Compensation for Damages]
1. Each party shall be liable for damages suffered by the other party to the extent such damages are caused by its breach of these Terms or its negligent or willful misconduct, subject to the limitations set forth in this Article.
2. The Operator shall indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
a. the Operator's breach of these Terms;
b. the Operator's violation of applicable laws or regulations;
c. the Operator's misuse of the service; or
d. any claims brought by third parties arising from the Operator's business operations, including use of the service at its premises.
3. To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, loss of revenue, loss of data, or business interruption, even if the Company has been advised of the possibility of such damages.
4. To the maximum extent permitted by applicable law, the total aggregate liability of the Company arising out of or relating to these Terms or the use of the services shall not exceed the total amount of service fees actually paid by the Operator to the Company during the twelve (12) months immediately preceding the event giving rise to the claim.
5. Nothing in these Terms shall exclude or limit either party's liability for:
a. gross negligence;
b. willful misconduct;
c. fraud or fraudulent misrepresentation; or
d. any liability that cannot be excluded or limited under applicable law.
6. If the Company is held liable to a third party as a result of the Operator's acts or omissions, the Operator shall reimburse the Company for all damages, costs, and expenses incurred, to the extent permitted by applicable law.
Article 25 [Exemption from Liability]
1. To the maximum extent permitted by applicable law, the Company shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay is due to causes beyond its reasonable control, including but not limited to force majeure events such as natural disasters, war, terrorism, civil unrest, labor disputes, governmental actions, power outages, or failures of telecommunications or internet service providers.
2. The Company does not warrant that the service will be uninterrupted, error-free, or free from delays, and shall not be liable for any interruptions or disruptions of the service that are not caused by its gross negligence or willful misconduct.
3. The Company does not guarantee any specific results, revenues, or profits from the use of the service, and shall not be liable for any failure of the Operator to achieve anticipated business outcomes.
4. To the maximum extent permitted by applicable law, the Company shall not be liable for damages arising from:
a. system outages, delays, or performance issues caused by factors outside the Company's reasonable control;
b. the Operator's equipment, systems, or network environment;
c. inaccurate, incomplete, or outdated information provided by the Operator;
d. unauthorized access resulting from the Operator's failure to safeguard credentials or systems; or
e. actions or omissions of third parties not under the Company's control.
5. The Company shall not be responsible for the accuracy, reliability, or legality of any information, content, or materials posted, transmitted, or otherwise made available by the Operator or any third party through the service, and shall have no obligation to monitor or resolve disputes between Operators or between an Operator and any third party.
6. Routine maintenance, updates, repairs, or inspections of the service may result in temporary interruptions, and the Company shall not be liable for any damages resulting from such interruptions, provided that the Company uses reasonable efforts to minimize disruption.
7. This Article shall apply only to the extent permitted by applicable law and shall be subject to the limitations and exclusions set forth in Article 24 [Compensation for Damages].
Chapter 8: Information Provision, Notifications, Advertising, and Other Matters
Article 26 [Provision of Information]
1. The Company may provide various information deemed necessary for the use of paid services to the Operator through methods such as email, letters, postal mail, SMS, and telephone.
2. The Company may collect additional information about the Operator with the Operator's consent, in accordance with relevant laws, for the purpose of improving online services and introducing new services to the Operator.
Article 27 [Notifications]
1. If the Company needs to notify the Operator, it may do so via the email address registered by the Operator.
2. If the Company needs to notify the Operator, it can do so by posting on a bulletin board for more than 7 days, which shall have the same effect as individual notification, and/or email notification.
Article 28 [Advertising and Transactions with Advertisers]
1. In operating the service, the Company may display various information deemed necessary for service usage on the service screen or provide it to users via email, postal mail, SMS, telephone, and other electronic transmission media.
2. The Company may collect additional personal information with the Operator's consent, in accordance with relevant laws, for the purpose of service improvement and service introduction to the Operator.
3. The Operator agrees to the display of advertisements while using the online service and has no rights to any direct or indirect revenue generated from the advertisements.
4. The Company shall not be liable for any damages arising from transactions between the Operator and advertisers that occur as a result of advertisements displayed on the online service or promotional activities conducted through the online service.
Article 29 [Jurisdiction and Governing Law]
1. For Operators located in the United States, these Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict-of-law principles.
2. For Operators located in Canada, these Terms shall be governed by and construed in accordance with the laws of the province or territory in which the Operator is located, together with applicable federal Canadian law.
3. Subject to applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the use of the services shall be brought exclusively in:
a. for U.S. Operators, the state or federal courts located in Cook County, Illinois; and
b. for Canadian Operators, the courts of competent jurisdiction in the applicable province or territory.
4. Each party hereby consents to the personal jurisdiction and venue of such courts and waives any objections based on improper venue or forum non conveniens, to the extent permitted by applicable law.
5. Nothing in this Article shall limit or restrict any rights or remedies available to either party under mandatory laws that cannot be waived by contract.
Article 30 [Data Processing and Ownership]
1. All data generated through the use of the services ("Service Data") shall remain the property of the Operator or the applicable end user, as determined by applicable law.
2. The Operator grants the Company a non-exclusive, worldwide, royalty-free right to collect, use, process, and store Service Data solely for the purpose of:
a. providing and maintaining the services;
b. improving and developing the services; and
c. complying with applicable legal obligations.
3. The Company may use aggregated or de-identified data derived from Service Data for business purposes, provided that such data does not identify any individual or Operator.
4. The Operator represents and warrants that it has obtained all necessary rights and consents from end users to allow the Company to process personal information in accordance with these Terms and applicable law.
5. The Company shall process personal information in accordance with applicable data protection laws and Article 7 [Protection and Use of Information].
Article 31 [General Provisions]
1. These Terms constitute the entire agreement between the Company and the Operator with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, negotiations, or communications, whether written or oral.
2. If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions shall remain in full force and effect.
3. The Operator may not assign or transfer its rights or obligations under these Terms, in whole or in part, without the prior written consent of the Company. The Company may assign or transfer these Terms without restriction, including in connection with a merger, acquisition, or sale of assets, subject to applicable law.
4. Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, governmental actions, power outages, or failures of telecommunications or internet services.
5. The failure of either party to enforce any provision of these Terms at any time shall not be deemed a waiver of such provision or of the right to enforce it at a later time. Any waiver of a breach of these Terms must be in writing and shall not be deemed a waiver of any subsequent breach.
6. The provisions of these Terms which by their nature should survive termination or expiration of the service agreement shall survive, including but not limited to Articles 7 [Protection and Use of Information], 10 [Intellectual Property and Brand Use], 18 [Refund of Service Fees], 24 [Compensation for Damages], 25 [Exemption from Liability], 29 [Governing Law and Jurisdiction], 30 [Data Processing and Ownership], and this Article 31.