Terms of use

Article 1 (Purpose) 
The purpose of this Terms of Use is to provide the terms and conditions for using all products and services (hereinafter, ‘Service’) regarding Albam which is to be provided by Blue Night Co. Ltd. (hereinafter, ‘Company’) and states the rights, obligations and responsibilities of the Company and member using the service (hereinafter, ‘Member’).  

 

Article 2 (Definition) 
The terminology used in this Terms of Use shall have the meanings set forth below. 
1. Contents: Text, images, videos, voice, software, program and other code information 
2. Company Contents: All contents that are accessible through this Service 
3. Member Contents: Contents created by a Member who uses this Service   
4. Individual Terms of Use : Apart from these Terms of Use, documents published or distributed by the Company under the name of ‘Terms and Conditions’, ‘Guidelines’, ‘Policies’ and etc., regarding this Service 
5. Member : Individuals who have established a Service User Agreement with Blue Night by agreeing with the Terms of Use, and who therefore can continue to use the Albam Service provided by Blue Night Co. Ltd. (employees who are in an employment relationship with a Member, and have access to using part of Albam’s Service, are separate entities from the Member, and access for those is limited to only part of the Albam Service which the Member allows their employee to use among those that are stated in the Terms of Use). 
6. ID: This is created by the Member him/herself and is a combination of alphabetic letters, numbers and special characters and authorized by the Company to distinguish the Member and use the Service. 
7. Password: In order to protect the Member’s information the Member him/herself creates a combination of letters and numbers. 
8. Service Suspension: During normal use, due on certain requirements determined by the Company, Service is not provided for a certain amount of time 
9. SMS Verification: A random combination of numbers is sent via SMS to the cell phone and the Member is required to register the corresponding numbers to Service to verify membership 
10. E-mail Verification: A random combination of numbers is sent via E-mail, and the Member is required to register the corresponding numbers to the Service, to verify membership. 
The definition of terms which are not otherwise defined in the Terms of Use shall have the same meanings given thereto under the relevant Acts and Service Guides. 

 

Article 3 (Terms of Use Effect and Amendments) 
1. The Terms of Use apply to all Members using the Albam Service within the Republic of Korea. Also, when the Company enters into a contract with individuals who wish to use the Service in countries other than the Republic of Korea, the Terms of Use shall apply to the other countries as well. 
2. The contents of the Terms of Use will be announced to the Member using methods such as publishing on the Service screen or Connection screen, and other methods, and when the Member who agrees to this registers to use the Service, the Terms of Use shall take effect. Prior to the Member’s agreement, the Company must provide separate connection screens or pop up screens, etc. to obtain confirmation by the Member so that the Member can easily understand the contents of the Terms of Use, and use the Service without any misunderstandings. 
3. When needed, the Company may amend the contents of the Terms of Use as long as it does not infringe the relevant Acts including but not limited to 「Acts on the Regulation of Terms and Conditions」, 「Acts on Promotion of Information and Communications Network」, 「Contents Industry Promotion Act」, 「Act on the Consumer Protection in Electronic Commerce, etc. 」, and when the Company makes amendments to the Terms of Use, the Company must state the date the amendments take effect and the reason for making the amendments and give prior notice on the website, as well as individually notify each Member. However, for reasons where individual notification is impossible due to reasons, including but not limited to, the Member not entering the contact information, or changing it or if the notification sent to the Member using the registered contact information has been sent back, as the notification procedure has taken place in accordance with the Terms of Use procedures, notification will be regarded as having been completed. 
4. If the Member does not agree with the amendments made on the Terms of Use that has been notified in accordance with the third clause of this Article, then the Member has time to express his/her intention of not wishing to consent to the Terms of Use amendments from the day the Member has received the notification of the amendments until the date the amendments take effect, and if the Member does not express any intention of disapproval, then the Company will consider that the Member has consented to the Terms of Use. 
5. Members who have expressed disapproval regarding the amended Terms of Use can choose whether to cancel the contract, or withdraw membership. Regarding the cancellation effect of individual use, the Member shall comply with relevant Articles within the Albam Charged Services and Payment Terms and Conditions. 
6. The Company shall take all technical measures to make sure that the Member can check and print out the whole Terms of Use. 
7. In principle, the Terms of Use shall be effective from the date the Member consents to the Terms of Use to the date the Member withdraws membership. However, in accordance with the contents of the Terms of Use, some parts of the Terms of Use may remain to be effective even after the Member withdraws membership. 

 

Article 4 (Regulations Not Otherwise Stated in the Terms of Use)  
Details not otherwise stated within the Terms of Use shall be in accordance with relevant Acts, including but not limited to, the 「Contents Industry Promotion Act」, the 「Act on the Consumer Protection in Electronic Commerce, etc.」, and the 「Copyright Act」 etc., and general commercial practices. 

 

Article 5 (Establishment of Service Use Agreement) 
1. For the Terms of Use, when a Member who wishes to use the Service presses the agree button while registering, it shall considered that the Member has agreed with the Terms of Use. 
2. Members using the charged Services must be fully aware of the following, including but not limited to, what the corresponding charged Service entails, the price, period of use, method of use, charging policy, termination conditions and method, details related to refunds and changes to the charged Service prior to registering to use the Service, and shall carry out transactions without any errors. 
3. Members using the charged Service must be fully aware of the payment method of the charged Service, and details related to the method for entering in the payment details to carry out transactions without any errors. 

 

Article 6 (Approval of Application to Use the Service) 
1. The Company has accurately stated the regulations in Article 5, and shall approve the application to use the service of Members who have completed the E-mail account or SMS etc., verification process which is determined by the Company. 
2. The Service Use Agreement between the Company and the Member shall be established on the date the Company’s approval has reached the Member (or charged Services, when the Member has received the ‘payment complete’ notice as part of the procedure). 

 

Article 7 (Restrictions on the Approval of Application to Use the Service) 
If any of the following occur, the Company may restrict the Member from joining by immediately restricting or deferring the approval decision for a certain period, and depending on the gravity of the case, may make claims for damages. Also, after the Approval of the Application to Use the Service as stated in Article 6 has been made, if any reasons stated in the following Clauses 2-7 of this Article are discovered, in accordance with the Terms of Use, the Company may solely terminate or discontinue the Service Use Agreement. 
1. When Service cannot be provided due to the Company’s business issues, technical issues or other circumstances. 
2. When approval cannot be made due to reasons attributable to the user, including but not limited to, the user not entering in registration details, or applying to register using incorrect information, or attaching false documents etc. 
3. When it is clear that the Member is applying to register to use the Service to obtain technology, components or business models that belong solely to Company or when the Member is applying to register to use the Service to harm or with the purpose to harm traditional customs or threaten peace and order of the Company, and when it is clear that the reason to register to use the Service is to interfere with the natural flow of the work of the Company. 
4. When after using the Service, the Member for reasons, including but not limited to, the Member intentionally canceling the payment of the registered payment method, suspending payment, not being able to pay, suspending the transfer of money or not paying the Service charges billed by the Company without any justifiable reasons. 
5. If the individual is a resident of or living in a country where the Company has not received authorization of business rights or copyrights for the Service or if connecting to the website in those countries (however, cases where Company has approved the application in accordance with Article 6 are an exception). 
6. Criminal acts, or cases where the individual repeatedly registers and unregisters from the charged membership and it is clear that the individual is using the Service for purposes other than normal purposes, and if the individual has a history of losing (withdrawal) membership status due to interfering with other company’s services. 
7. When not meeting the application requirements established by the Company. 
8. For individuals who have lost membership status in accordance with reasons stated in clauses 2 to 7 of the Article (however, if after more than 1 (one) year has passed since losing membership status, and through reviews and other processes, the Company approves request to rejoin, these individuals are an exception). 

 

Article 8 (Amendments in the Agreement Details) 
If there are any amendments made to the written details that have been entered in when submitting the application to use the Service, the Member must follow the Company’s guidance and comply with the method and form set by the Company to amend the details. 

 

Article 9 (Commencement of the Use of Service and Service Hours) 
1. The Service will commence when the Company approves the Member’s application. However, certain parts of the Service will commence on the date appointed under the Company’s discretion, and charged Services will be accessible only after payment has been made using the method of payment determined by the Company. 
2. If for reasons due to the Company’s business or technical problems the Service cannot commence, notifications will be made through the website or the Member will be notified individually. Also, the Company shall make all efforts to quickly restore the Service. 
3. In principle, the Service will be available 24 hours a day, all year round. However, Service might be temporarily suspended due to routine maintenance or other business and technical issues, and for managing purposes, during the time set by the Company, service may be temporarily suspended. In these cases, in principle, the Company must give notice of the temporary suspension of Service and the period of suspension prior to the event, but in unavoidable or urgent situations, where this cannot be notified in advance, the Company may announce it later. 

 

Article 10 (Changes to the Service and Suspension) 
1. The Company must notify Members of the changes being made to the Service, and when it will be provided, via E-mail or SMS or other methods using the information registered by the Member, and afterwards may provide the amended Services. 
2. The Company may restrict or suspend part of the Service or the whole Service for the following reasons, including but not limited to, unavoidable situations such as repairs being made to the equipment, events where a Member is interfering with the Company’s business, events disrupting normal Services such as power failure, breakdown of various equipment or heavy Internet traffic, events due to the Company’s various circumstances such as termination of contracts between the Service provider, acts of God, etc. 
3. For Service suspension due to Clause 2, the Company will notify the user via E-mail or SMS or other methods using the registered contact information. However, when suspension of Service occurs due to reasons that the Company cannot control, (disk failure or system downtime that is not caused by the system administrator) and prior notification is impossible, inevitably notification will be made afterwards. 
4. The Company shall not be held liable for the clock in/out records, wage calculation and other secondary problems that may occur due to Service changes or suspension. 

 

Article 11 (Disclaimer of Representation and Guarantee) 
With regards to providing Service to the Members, the Company is only responsible for the system’s efficient operation and maintenance, and does not guarantee the success or failures of all details regarding clock in/out records and wage calculation, timing, legality and non-invasiveness of the rights of others, and the Member using the Service shall bear all responsibility and risks that arise through this. Also, with regards to managing the clock in/out records and transaction of wages based on this Service, the Company shall not represent the Member, and the Member who carries out the corresponding work will be directly liable for using the Service, managing the clock in/out records and transaction of wages. 

 

Article 12 (Providing Information and Publishing Advertisements) 
1. With regards to running the Service, the Company may publish various types of information on the Service screen or provide information to the Members via E-mail or by written letters. 
2. The Company may publish advertisements related to operating the Service on the website, Service screen or via E-mail etc. 
3. The Member using the advertisements published on the Service screen, or communicating or making transactions through methods such as getting involved in the sales promotional activities, is to be strictly between the Member and the advertiser. If a dispute arises between the Member and advertiser, the Member and advertiser must settle the dispute between the parties, and the Company is not held responsible for issues relating to this. 

 

Article 13 (Obligations of the Company) 
1. The Company shall not reveal or distribute the Member’s personal details the Company obtained through providing Service to a third party without the consent of the individual. However, for investigation purposes in accordance with the relevant Acts, or in events where requested by the authorities, or requested by the Korea Internet Safety Commission, and in events in accordance with appropriate procedures based on other Acts, we may do so. 
2. Within the scope of Clause 1, the Company may, without prior consent of the Member, create statistical data using personal information of all or part of the Members, and use it, and for this, if needed, may collect various types of information through the cell phone of the Member who is using the Service. 
3. To provide a better flow of Service, the Company may send a medium for communications, and the medium for communications, and its related shipping or return costs shall be included in the costs for the charged Service which the Member pays for, but when necessary, the medium for communications and its related shipping and return costs may be charged to the Member. Also, in order to carry out the functions of the medium for communications, wide area network, metropolitan area network, local area network or personal area network (cellular data or Wi-Fi etc.) might be used. 
4. When complaints from Members using the Service are filed, the Company shall promptly address the issue, and if it is difficult to do so, the Company will post the reason and the process schedule on the Service screen or notify the Member via E-mail etc. 
5. If the Members using the Company’s Service face any harm, only in the event where the loss occurs due to the intent or gross negligence of the Company shall the Company be liable for the damages, and the scope is limited to general damages. 
6. The Company complies with the 「Acts on Promotion of Information and Communications Network」, the 「Protection of Communications Secrets Act」, the 「Telecommunications Business Act」 and other regulations regarding Service management and maintenance. 

 

Article 14 (Obligations of the Member) 
1. The Member shall not do any of the following when using the Service. 
(1) Using fraudulent information when registering or changing details, stealing or using other Member’s ID or password illegally 
(2) Copying or distributing Service information obtained from the Company while using the Service, or using the information for business purposes without prior consent of the Company 
(3) Bringing discredit unto others or causing disadvantages 
(4) Distributing information, sentences, graphics, sounds etc., of information to others that violates traditional customs or public order 
(5) Distributing or registering computer virus data that causes chaos or destruction of information or malfunction of Service-related equipment 
(6) Intentionally interfering with the Service or sending unsolicited commercial information or information that can interrupt our Services 
(7) Impersonating others and expressing false relationships with others 
(8) Using a different cell phone, other than what has been used when registering in the first place, and continuing to use it for ill-gotten purposes 
(9) Collecting, storing, and disclosing other Members’ personal information 
(10) Distributing false information for purposes that can harm others or bring profit of fortune to the Member or to others 
(11) Illegally changing information published on the Service screen 
(12) Transferring or publishing information (including computer programs) that is banned from being published or transferred in accordance with relevant Acts 
(13) Impersonating or misrepresenting the Company’s personnel or administrator or stealing another’s identity to publish a text, or to send E-mails or written letters etc. 
(14) Posting material or sending E-mails of information including software viruses and other computer codes, files, programs developed to interrupt, destroy normal operation of telecommunications equipment, and computer hardware and software 
(15) Harassing other Members through stalking, etc. 
(16) Other illegal or unlawful acts 
2. The Member must comply with the relevant Acts, the regulations in this Terms of Use, user guide, and precautions notified through the Service, and must not carry out any other action that will interrupt the Company’s business. 
3. The Member, unless officially acknowledged by the Company, must not carry out any business activity selling products to others through the Service, and especially shall not illegally distribute commercial software, carry out commercial action through pornographic sites, earn profit through advertisements and by hacking into the network. The Company is not held liable for the outcomes and damages done to the business, and legal action being taken such as being arrested by authorities; and the Member is obligated to compensate the Company for the damages that occur in relation with these actions. 
4. When the Member registers to use the Service, the Member must provide complete information (hereinafter, “Registered Information”) which coincides with the present facts. 
5. The Member must renew any changes that have been made to the Registered Information. If the Registered Information provided by the Member or the renewed Registered Information is incorrect, and if the corresponding Member has carried out any action stated in Clause 1 of this Article, the Company shall restrict or terminate the Member’s ability to access the Service in compliance with the Terms of Use. 

 

Article 15 (Obligations and Responsibility to Manage the Member’s ID and Password) 
1. When applying to use certain parts of the Service on the website, service charges might be imposed by the Company and therefore, the Member must attentively manage the Member’s ID and password. 
2. The Member him/herself is liable for all outcomes that occur due to negligently or illegally using the Member’s ID and password, and the Company shall be responsible for problems that occur due to reasons attributable to the Company. 
3. The Member must not allow a third party to use his/her ID and password, and when the Member has recognized that his/her ID and password has been stolen or is being used by a third party, the Member must immediately inform the Company, and follow the guidance instructions provided by the Company. 
4. The Member’s ID cannot be amended without prior consent from the Company. 

 

Article 16 (Informing Member) 
1. When it is necessary to inform a Member, the Company will send notifications to the Member via E-mail or SMS and etc. 
2. When the Company needs to inform unspecified individuals, the Company may publish it on the Service announcement board, instead of sending individual notifications. 

 

Article 17 (Protection of User’s Personal Information) 
The Company, in accordance with the relevant Acts, shall make all efforts to protect the personal information of members, including the Member’s Registered Information. With regards to the protection of the Member’s personal information, the Company complies with the regulations defined in 「Privacy Statements」. 

 

Article 18 (Entrustment of Personal Information) 
The Company, in principle, carries out all management and processing of gathered personal information (hereinafter, “Privacy Business”) solely, but when necessary, the Company may entrust part or the whole of the Privacy Business to third parties. This type of Privacy Business entrustment may be to simplify the workload of the agency business and the reporting of 4 Major Social Insurances (including electronic reports) and other various taxes that are related to the Member’s business, or to carry out all the aforementioned tax reports or agency business. 

 

Article 19 (Exemption from Liability) 
1. The Company is not held liable for providing Service in events where the Company cannot provide Service due to natural disasters or that which is an act of God. 
2. The Company is not held liable for Service interference due to causes attributable to the Member. 
3. The Company is not held liable for the Member’s loss of expected profit while using the Service as well as other losses due to other data obtained through the Service. The Company is not held liable for the reliability or accuracy etc., of the contents of information, data and facts published on the website by the Member. 
4. The Company is not obligated to intervene in disputes between Members or a Member and a third party through the Service, and the Company shall not be held liable to compensate for the damages that occur through such. 
5. The Company does not implicitly or explicitly guarantee, that there are no legal or actual flaws (including but not limited to violation of rights, error or bugs, defects related to security, whether it coincides with the specific purpose, safety, reliability, accuracy, integrity, validity, etc.) in the Service (including the Company contents). The Company is not held responsible to remove these defects before providing the Service. 
6. The Company is not held liable for any damages that the Member should so incur as a result of using this Service. However, in events where the agreement between the Company and the Member (including these Terms of Use), correspond to the agreements specified in 「Act on the Consumer Protection in Electronic Commerce, etc.」, these exemption regulations do not apply. 
7. The Company is not liable for any events of damages that occur under special circumstances (including cases in which the Company and the Member predicted or could predict the loss) among the damages that occur to the Member due to illegal action or default of obligation of the Company (excluding gross negligence) even if the event is defined above in Clause 6. In addition, when compensating for the damages that occur to the Member due to illegal activity or default of obligation of the Company (excluding gross negligence), the maximum amount shall be the amount that was received for usage fee of the month that the damage occurred. 
8. When the Member has violated the Terms of Use or committed unlawful acts towards the Company, or due to these activities the Company has received claims or charges for lawsuits from third parties other than the Member, the Member must exempt the Company from liability using his/her responsibility and costs, and when the Company has not been exempt from this then the Member shall recompense for all damages that occur to the Company. 

 

Article 20 (Providing and Leasing the Device) 
1. The Company may provide or lease out networks or certain devices for free or for a charge, to the Members to provide this Service to the Member. In the event where breakdown/damages/loss occurs for reasons attributable to the Member, the Company has the right to make a request to the Member for compensation for the damages that have occurred.   
When the Company provides or leases out for free or for a charge, devices or network in relation to this Service, to the Member, the ownership belongs to the Company, and in the event of the Member closing the business/transferring/changing the business type, or any other changes in circumstances of the Member, leading to termination of the Service, these must be returned to the Company.  
3. When the Company provides or leases out specific devices or networks related to the Service for free or for a charge the Company shall be responsible for maintenance and repair of breakdown of the device for causes not attributable to the Member or when the battery runs out completely. However, the Member must provide evidence that the device breakdown or the depletion of battery life is not due to causes attributable to the Member, and for any other reasons that caused the device to breakdown, the Company has the right to claim for compensation of the damages to the Member. 

 

Article 21 (Arbitration)  
1. When a dispute arises between the Company and the Member regarding the Service, the Company and the Member will make all efforts to resolve the dispute. 
2. When disputes are not resolved through the negotiations in accordance with Clause 1 within this Article, then the Company will appoint the court that has jurisdiction over the location of the Company’s main office, as the exclusive competent court. 
(Enforcement Date) These Terms of Use shall take effect from August 1, 2017.