These terms and conditions ("Terms and Conditions") cover access and use of MINI STUDIO of IPX Corporation ("IPX Corporation" or the "Company") and related programs, software, etc. ("Service(s)" or "MINI STUDIO"), as well as access and use of all information and text, graphics, photographs and other materials uploaded, downloaded or shared on the MINI STUDIO (collectively referred to as the "Content(s)"). If you do not accept these Terms and Conditions, you are prohibited from MINI STUDIO. Please read these Terms and Conditions carefully before you accept.
1. Agreement with the Company
Governing law: By accepting these Terms and Conditions, user of MINI STUDIO (“User(s)”) is in legally binding agreement with the Company (“Agreement”). This Agreement shall be governed by, and construed in accordance with, the laws of the Republic of Korea, regardless of conflicts of laws principles.
2. Display and Notification of Amendments
1) The Company shall display the Terms and Conditions on the start page of MINI STUDIO or a separate linked page, or a pop-up screen, etc., where they are quickly noticeable at the Users.
2) The Company may amend the Terms and Conditions to the extent that they do not violate relevant laws, such as the Act on Promotion of Information and Communications Network Utilization and Information Protection ("Information and Communications Network Act") and the Act on Regulation of the Terms and Conditions.
3) If the Company amends the Terms and Conditions, the date of application and the reason for the amendment shall be specified, and Users shall be notified of the effective date of the amended Terms and Conditions along with the current Terms and Conditions within seven (7) days prior to the effective date in the manner specified in Paragraph 1. However, if the amendment is unfavorable to the Users, Users shall be notified within thirty (30) days prior to the effective date, and the amendment shall be sent directly to the Users via email or other applicable means. All notices shall be deemed to have been given when received.
4) If the Company, when it displays or notifies the amended Terms and Conditions pursuant to the previous paragraphs, clearly displays or notifies that amended Terms and Conditions shall be deemed as accepted if Users do not express refusal within the applicable seven (7) or thirty (30) day period, and no Users have expressed refusal within the applicable period, then amended Terms and Conditions shall be deemed as accepted by the Users.
5) If Users refuse the amended Terms and Conditions, the amended Terms and Conditions of MINI STUDIO shall not apply, in which case, the User may cancel the Agreement. However, the Company may terminate the Agreement if exceptional circumstances are such that the Company shall not continue the use of existing terms and conditions.
3. MINI STUDIO Contents
1) 'MINI STUDIO Contents' mean all copyrighted works produced by the Company directly or through a third-party, or elements of works (characters, character parts, items, videos, images, games, texts, stories, graphics, music, live broadcasts, stationery, etc.), legal rights to which belong to a third-party engaged in the contractual relationship with the Company to configure and operate the MINI STUDIO service (including not only visually confirmable materials but also programs, software, etc. used directly or indirectly in the information processing equipment, such as computers). Copyright, trademark, and trade dress, patent and/or other intellectual property rights (including but not limited to the rights for derivative works) of all materials included in the Services, including the selection and arrangement of MINI STUDIO Contents, are owned by the Company and are protected by governing law. In addition, Company can use MINI STUDIO Contents for any purpose, period, place, etc., without any restrictions on such MINI STUDIO Contents and all works based on such MINI STUDIO Contents (including but not limited to the right to create derivative works).
2) Users may, pursuant to the Terms and Conditions (included but not limited to MINI STUDIO Contents Usage Guidelines), use, copy, share, reproduce, distribute, display and download (store) MINI STUDIO Contents. Notwithstanding the foregoing, without separate agreement with the Company, Users may not commercially use MINI STUDIO Contents. In case of commercial use through B2B transaction, please contact us through the application form.
3) Users are fully liable for the use of MINI STUDIO Contents and any damages caused by the use, and the Company shall not be held liable for such damages. The Company may, at its sole discretion, add, change, or delete MINI STUDIO Contents, either entirely or partially, and Users may not object or demand compensation on such basis.
4) Users shall refrain from sharing MINI STUDIO Contents to those who do not want to receive them and find them offensive.
5) All use of MINI STUDIO Contents shall be legal. Users shall not attempt any illegal activity through MINI STUDIO. In any case, MINI STUDIO Contents shall not be associated with and distributed along the following contents:
- Obscene materials
- Exposure of photos and sensitive content about minors (under 18 years old)
- Content that encourages minors to participate in physically dangerous or harmful acts
- Infringement of privacy
- Bullying and outcast
- Infringement of third-party rights
- Use for political purposes
- Racial, religious and sexual discrimination
- Users must carefully review the above provisions and strictly comply with them. The Company may share its opinions regarding MINI STUDIO Contents Usage Guidelines (“Guidelines”) with the Users, and even change or add the terms. In any case, the Company shall always do its best to enforce the Guidelines fairly and consistently and take the most appropriate actions when necessary in accordance with a reasonable judgment.
Any feedback, suggestions, ideas and other information provided by the Users about the Company or the Services via email or other applicable means ("Feedback") shall not be deemed confidential but shall be considered an exclusive property of the Company. The Company, at its sole discretion, may use and distribute the Feedback for commercial or other purposes without any restriction and without giving any notice or compensation to the User who provided it. Users shall not be entitled to any rights regarding their provided Feedback, including copyrights and moral rights. Although the Company is opened to Users' Feedback, Users shall refrain from posing inquiries, requesting ownership and other rights or monetary compensation for their provided Feedback.
5. Prohibited Acts
Users agree to refrain from the restrictions outlined in the Terms and Conditions. Unless expressly permitted by these Terms and Conditions, any use of MINI STUDIO Contents and Services without the Company's prior written consent is strictly prohibited. All rights and license to use granted under the Terms and Conditions shall be terminated if the following acts occur:
- Any use of the Services for illegal or unintended purposes or in breach of the Terms and Conditions or any third-party terms and conditions for specific service;
- Acts of obstructing, interrupting or restricting other Users' use of the Service, or using the Service in a manner that adversely affects it, or damages, impedes, overloads, or damages the function of the Service;
- Acts of damaging Service security;
- Acts of sending unwanted advertisement, spam, solicitation, or promotional materials without consent;
- Acts of accessing Services or extracting data using a robot, spiders, crawler, scraper, or other automated means or interface not provided by the Company;
- Acts of reverse design of any part of the Services or attempt to discover the source code by circumventing or avoiding devices designed to prevent or restrict access to areas, Contents or code of the Services;
- Acts of attempting to access areas or functions of the Service that Users are not authorized to access;
- Acts of downloading MINI STUDIO Contents, Services, and any information contained therein that are not expressly permitted by the Services (excluding page caching);
- Acts of accessing MINI STUDIO API without permission or with a third-party user;
- Acts of revealing the relationship with the Company or promoting other companies’ products and Services without the Company's express written consent;
- Acts of bullying, intimidating, threatening, stalking, etc.
- Acts of misrepresenting a person, institution or relationship;
- Acts of infringing on another persons' portrait rights, privacy, or information protection rights without their consent;
- Acts of infringing on the patent right, trademark right, trade secret, copyright, other intellectual property rights, or proprietary right of others;
- Acts of commercially appropriating MINI STUDIO Contents without the Company's prior written consent;
- Acts of developing a third-party app that can interact with MINI STUDIO Contents or Services without the Company's prior written consent;
- Acts of encouraging or promoting illegal or unauthorized use of the Services and violating Terms and Conditions.
6. License to Use Services
The Company grants Users personal, worldwide, non-transferable, royalty-free, non-exclusive license to use the software provided as part of the Services. Such license is provided solely to benefit from the Company’s Services to the extent permitted by the Terms and Conditions.
Users may not reproduce, repost, transform, download, transmit, modify, display, reverse design, sell and promote, rent, lend, assign, distribute, license, sublicense and use without authorization of all or part of programs and software related to MINI STUDIO.
7. Company Rights
All ownership rights, rights and interests in the Services are exclusive property to the Company. The Services are protected by copyright, trademark and other relevant laws, and no Terms and Conditions grant any User the right to use the Company's tradename and trade name, logo, domain name and other unique brand features. Feedback, opinions and suggestions regarding the Company and Services are provided voluntarily by the Users. If the Company finds them suitable, such Feedback, opinions and suggestions shall be used freely without notifying the Users that provided them.
8. AD Posting
In connection with the operation of the Company's Services, the Company or affiliated third-parties may post advertisements directly on the Service screen.
Disclaimer: To the fullest extent permitted by relevant law, Users are provided with the Company's Services and website, app, Contents and all other materials "as is" without any explicit, implicit or statutory warranties whatsoever. The Company shall not guarantee that (1) the Services and materials are up to Users’ requirements or are without interruptions, time-related defects, safety concerns, and other errors; (2) results obtained through the use of the website, services, and materials are effective, accurate or reliable; and (3) that all errors and defects found on the website, services and materials can be immediately solved.
10. Limited Liability
Unless prohibited by law, the Company and the Company's vendors and their respective officers, directors, employees and agents ("Company") shall not be liable for (1) the use of, or inability to use the Services; (2) providing Services and materials available through the Services; and (3) any indirect, special, punitive, incidental, exemplary, or consequential damages incurred by the acts of Users.
11. Dispute Resolution with the Company
1) Republic of Korea: Unless otherwise agreed in writing, any dispute between the Company and Users shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the User's address at the time of filing, unless otherwise agreed in writing. However, if the address or residence of the User is not clear at the time of filing, the competent court shall be determined in accordance with the Civil Procedure Act of the Republic of Korea.
2) Countries other than Republic of Korea: notwithstanding the previous paragraph, the Seoul Central District Court of Korea shall be the court of jurisdiction.
3) Disclaimer: The Company and Users disclaim the responsibility and rights of the United Nations Convention on Contracts for the International Sale of Goods and agree not to apply them when using the Services.
1) Users may stop using the Services at any time.
2) The Company may add, modify, or remove features of the Services at any time. In addition, the Company may suspend providing the Services, temporarily or permanently, or add new restrictions.
13. General Provisions
1) Severability: If any provision of the Terms and Conditions is determined by a court to be invalid, illegal or incapable of being enforced, the remaining provisions shall remain valid.
2) No Waiver: The Company’s failure to exercise or enforce any right or provision of the Terms and Conditions shall not be construed as a waiver of such right or provision.
3) Assignment: Unless permitted by the Company in Terms and Conditions, User may not transfer or assign any rights and obligations under these Terms and Conditions to another person without the Company's written consent. However, in the event of a merger, acquisition or sale of services, the Company may transfer its rights and obligations to another party without Users’ consent.
4) Entire Agreement: These Terms and Conditions shall represent an entire and exclusive Agreement between the Company and User with respect to the Services and shall supersede all previous agreements with respect to the Services. The Company may, from time to time, amend these Terms and Conditions and, if the Company, at its sole discretion, determines such amendments are material, the Company shall notify the Users about those amendments using a webpage banner or other appropriate means. If the Users continue to use the Services after the amendment has been applied, the User shall be deemed to have agreed to the amended Terms and Conditions.
These Terms and Conditions shall apply from 28th of July 2023.