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Terms of Service
Dated: Jan 20, 2020
Welcome to seemile!
Thank you for using the seemile platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).
The Service allows you to discover, watch and share audios, images, videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small.
Your Service Provider
The entity providing the Service is Langster Inc., a company operating under the laws of Republic of Korea , located at Myoungiro 116, Cheoingu, Yongin-si, Kyoungi-do, 17058
Your use of the Service is subject to these terms which may be updated from time to time (together, this “Agreement”). Your Agreement with us will also include the Advertising on seemile Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your content. Any other links or references provided in these Terms are for informational use only and are not part of the Agreement.
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
Who may use the Service?
You must be at least 14 years old to use the Service.
Permission by Parent or Guardian
If you are considered a minor in your country, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user who is considered a minor in your country, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
Your Use of the Service
Content on the Service
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, seemile or a third-party (collectively, “Content”).
Except where seemile is responsible according to law, Content is the responsibility of the person or entity that provides it to the Service. seemile is under no obligation to host or serve Content. If you see any Content you believe does not comply with these terms or the law, you can report it to us, email@example.com
seemile Accounts and seemile Channels
You need to create an account to use or create content.
Accounts can be created by Gmail Accounts, Facebook Accounts, Email Accounts, and Guest Accounts.
However, if you use seemile as a guest account, deleting the app will result in the loss of all content, information and points. By using seemile you agree to this. Therefore, it is recommended to use it as a non-guest account, Gmail account, Facebook account, or email account.
① “Company” can give “Point” to the “User” in the process of using “Service” such as translation, event(promotion).
② The “User” may use the “Point” alone or with other payment methods when using the “Service” in accordance with the procedures and conditions prescribed by the “Company”.
③ Details of the grant and use of the “Points” shall be in accordance with the policies separately set by the “Company” and the “Company” shall notify the “User” through the website operated by the “Company”.
④ Depending on the “Company”, some “Points” may be limited in scope.
⑤ The “User” may use the “Points” only for his or her use of the “Services”, and may not sell or transfer the “Points” to others under any circumstances.
⑥ If the “User” has acquired “Points” unfairly or illegally, the User cannot use the Points and the “Company” may collect(withdraw) it.
⑦ The “Company” may adjust some or all of the “Points” after the prior notice for efficient use and operation of the “Services”, in case of any fault for the “User” such as Article 14 violation, the “Company” can adjust some or all of the “Points” without prior notice.
⑧ “Points” may be periodically extinguished in accordance with the period set by the Company.
Refund of Points)
① In the event of an over or mistaken paid by the “User”, the “Company” will refund the amount corresponding to the “Point”. In such a case, the fee incurred as a result of the refund procedure shall be borne by the User.
② In case of a refund of “Points” due to the responsibility of the “User”, such as change of mind, the method is as follows.
Refunds of “Points” can only be refunded in the minimum transaction unit of “Points” presented by the Company on the Store. If the balance of the “Points” remaining after use is less than the minimum trading unit, the “Company” shall not be required to refund.
The “User” shall be responsible for any fees incurred due to the refund process.
③ Notwithstanding the provisions of Paragraph 2, the following items will be refunded in full:
If the “User” has not used the “Service” after completing the payment
If the “Service” is not available due to the “Company” fault, such as “Service” failure
In case of refund for reasons 1, the “User” shall be responsible for the fees incurred. In the case of a refund for reasons 2, the “Company” shall bear the fee incurred.
④ If the “User” violates the provisions of Article 14 and the “Company” restricts the use of the “Service” by the “User” or unilaterally terminates this Agreement, the “Company” shall not be responsible to refund the “Points” equivalent to the damages incurred by the “User”.
⑤ When the “User” terminates the use contract or withdraws the “Service”, the “User” must request a refund for the remaining points. If the “User” terminates the use contract or withdraws the service without requesting a refund, the “Company” has no obligation to refund any remaining “Points”.
⑥ If the “Point” of the “User” is mixed with “Points” acquired by purchase and “Points” acquired through activities in the service, the “Points” to be refunded shall be calculated by using the purchased “Points” first.
⑦ Refunds should be made using the payment method used by the “User”, but if this is impossible, the refund shall be made in a separate method determined by the “Company”.
⑧ In principle, the Company shall process the refund process within 7 business days. If a delay occurs due to the delay of processing by a third party such as credit card company, PayPal or the cause of the “User”, the corresponding days are not included in the processing period.
Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law.
The following restrictions apply to your use of the Service. You are not allowed to:
access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from seemile and, if applicable, the respective rights holders;;
circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with seemile’s robots.txt file; or (b) with seemile’s prior written permission;
collect or harvest any information that might identify a person (for example, usernames), unless permitted by that person or allowed under section (3) above;
use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a content’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;
misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
run contests on or through the Service that do not comply with seemile’s contest policies and guidelines;
use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on seemile policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where seemile videos are the main draw for users visiting the webpage).
Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or seemile).
Changes to the Service
seemile is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. We will provide advance notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where (a) it is not reasonably possible to notify (for example, cases where users use Services without log-in) or (b) we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
Your Content and Conduct
If you have a seemile channel, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
Rights you Grant
You retain ownership rights in your Content. However, we do require you to grant certain rights to seemile and other users of the Service, as described below.
License to seemile
By providing Content to the Service, you grant to seemile a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including to reproduce, distribute, modify, display and perform it). seemile may only use that license in order to operate, promote and improve the Service.
You authorize seemile to sell and distribute your Content to third parties. For this, seemile will pay you points for selling content. You fully agree with this.
For clarity, nothing in these Terms is intended to grant seemile a wider scope of license than that permitted by law.
License to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, modify, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
Duration of License
The licences granted by you continue until the Content is removed as described below. Once removed, the licences will terminate, with the only exceptions being where the Service operation, use of Content permitted before your removal, or the law otherwise requires. For example, removal of Content by you does not require seemile to (a) recall promotional materials that include your Content, (b) recall Content that is being used by other users within any limited offline viewing functionality of the Service (for example, as may be made available within a subscription offering), or (c) delete copies we reasonably need to keep for legal purposes.
Removing Your Content
You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.
Removal of Content By seemile
If we reasonably believe that any Content is in breach of this Agreement or may cause harm to seemile, our users, or third parties, we may remove or take down that Content. We will notify you with the reason for our action without delay unless we reasonably believe that to do so: (a) would be prohibited due to legal reasons; or (b) could cause harm to any user, other third party, seemile or our Affiliates (for example, but not limiting to, in cases where this notification would violate the law or a legal enforcement authority’s directive, compromise an investigation, or compromise the security of any Services). You can learn more about reporting and enforcement, including how to appeal on the Troubleshooting page of our Help Center.
We provide information to help copyright holders manage their intellectual property online. If you believe your copyright has been infringed on the Service, please send us (firstname.lastname@example.org) a notice
We respond to notices of alleged copyright infringement according to the process in our seemile Copyright Policy, where you can also find information about how to resolve a copyright strike. seemile’s policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.
Account Suspension & Termination
Terminations by You
You may stop using the Service at any time. Follow these instructions to delete the Service from your seemile Account, which involves closing your seemile channel and removing your data. You also have the option to download a copy of your data first.
Terminations and Suspensions by seemile for Cause
seemile may suspend or terminate your access, your seemile account, or your seemile account’s access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe there has been conduct that creates liability or harm to any user, other third party, seemile or our Affiliates.
Terminations by seemile for Service Changes
seemile may terminate your access, or your seemile account’s access to all or part of the Service if seemile believes that provision of the Service to you is no longer commercially viable.
Notice for Termination or Suspension
We will notify you with the reason for termination or suspension by seemile without delay unless we reasonably believe that to do so: (a) would be prohibited due to legal reasons; or (b) could cause harm to any user, other third party, seemile or our Affiliates (for example, but not limiting to, in cases where this notification would violate the law or a legal enforcement authority’s directive, compromise an investigation, or compromise the security of any Services). Where seemile is terminating your access for Service changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.
Effect of Account Suspension or Termination
If your seemile account is terminated or your seemile account’s access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your seemile account has been terminated in error, you can appeal using this form.
Other Legal Terms
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND seemile DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, TO THE EXTENT PERMITTED BY LAW, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, seemile, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
ANY INTERRUPTION OR CESSATION OF THE SERVICE;
ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
ANY CONTENT WHETHER SUBMITTED BY A USER OR seemile, INCLUDING YOUR USE OF CONTENT; AND/OR
THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, seemile AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT seemile HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO seemile, OF THE CLAIM AND (B) USD $500, WHICHEVER IS HIGHER.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless seemile, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms of Service; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
About this Agreement
Modifying this Agreement
We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. seemile will provide no less than thirty (30) days advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service that are favorable to users or modifications made for legal reasons may be effective immediately, without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.
Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
In these Terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
The courts in some countries will not apply Republic of Korea law to some types of disputes. If you reside in one of those countries, then where Republic of Korea law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of Republic of Korea, excluding Republic of Korea’s choice of law rules, will apply to any disputes arising out of or relating to these terms or the Service. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Republic of Korea, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the Republic of Korea, and you and seemile consent to personal jurisdiction in those courts.