Section 1: General Provisions
Article 1 (Purpose)
These terms and conditions apply to all services (hereinafter referred to as “services”) provided by the digital platform for facilitating overseas expansion of Korean literature (hereinafter “KLWAVE”) operated by the Literature Translation Institute of Korea (hereinafter referred to as “LTI Korea”), as well as rights between users and LTI Korea, and all duties and responsibilities as well as other related matters.
Article 2 (Definitions)
The definitions of terms used in these terms of service are as follows.
- User: User refers to members and non-members who access the service and receive services provided by KLWAVE
- Member: Individuals or institutions using KLWAVE services after submitting their information using a specific KLWAVE registration form.
- Member ID: A combination of English letters and numbers or e-mail address selected by the member and given by KLWAVE for identification purposes when using services.
- Password: A unique combination of letters and numbers set by the user to protect the member information
- Service: Use of KLWAVE
Article 3 (Effectiveness and Modification)
- These terms and conditions are effective when disclosed to users through LTI Korea
- If the terms of service change for any reason, LTI Korea will specify the effective date and reason for change, along with the updated terms of service from at least 7 days in advance of the effective date. However, if the updated terms of service are unfavorable to users, this will be announced with a grace period of at least 30 days in advance of the change. When LTI Korea announces the change to the terms of service, after giving a clear announcement or notice of the change, should the user not express clear intention to refuse the changes within the given period, this will be considered implicit agreement to the changed terms of service.
- If necessary, LTI Korea may set the terms of service and regulations of use according to individual services (hereinafter referred to as ‘guidelines for services’). In cases where the agreements conflict, the guidelines for individual services will take precedent.
- Matters not specified in these Terms of Service are subject to the provisions of the Telecommunications Basic Act, the Telecommunications Business Act, the Information and Communications Network Utilization Promotion and Information Protection Act and other related laws and regulations of the Republic of Korea where LTI Korea is located.
Section 2 Service Use Agreement
Article 4 (Establishing an agreement)
- Users who wish to join as members must agree to the Terms of Service and fill out and submit the member information form that is provided by LTI Korea.
- Users who wish to use the KLWAVE service as an individual (such as translators, editors, and general public) must register as an individual member.
- Users who wish to receive institutional membership services on behalf of publishers and literary organizations must register as institutional members. As a rule, institutional members are limited to one ID per company.
- Institutional members must be approved by LTI Korea and establish a use agreement with KLWAVE. This does not apply to individual members.
Article 5 (Registration Approval or Rejection)
- All registration will be approved by LTI Korea unless there are special circumstances stipulated in Article 1 that might prohibit approval.
- LTI Korea retains the right to restrict or reject registrations for the following cases, until the reason for the restriction or rejection is resolved.
- When a user registers using a false name or information.
- When a user registers for the purpose of undermining law and order or social norms.
- When a user’s registration cannot be approved for reasons attributable to the user.
- When the translator, editor, or institution does not meet the conditions set by LTI Korea.
- If a registration is rejected, LTI Korea must inform the user of this fact.
Article 6 (Changes to Agreement Terms)
When information entered at the time of registration changes, the member must access KLWAVE and make all necessary updates.
Section 3 Provision of Service and Use
Article 7 (Provision of Service)
- In the case of member services, LTI Korea begins to provide services when the membership registration is approved.
- The service is available 24 hours a day, 7 days a week. However, during the periods of service improvement, such as regular system inspection, the service may be temporarily suspended after prior notice.
- Depending on the needs of the service provider, some services may be provided only to specific members, or the scope of service may be limited depending on member status and the available time for each service may be different depending on member status.
- LTI Korea may provide members with various information deemed necessary to performing the service via email, postal mail, social media, messenger applications, or the like. Members have the right to refuse such provision of information.
Article 8 (Changes or Suspension of Service)
- LTI Korea may suspend the provision of services in the following cases.
- In the event that it is unavoidable for purposes of service improvement, such as regular system inspection and maintenance.
- In the event that a telecommunications business operator suspends telecommunications services as stipulated in the Telecommunications Business Act.
- In the event that LTI Korea is unable to provide services
- If there is a change in the contents, provision, and use of the service, it must be announced in advance. LTI Korea is not responsible for failure by members to check the announcement during this period. The aforementioned period may be reduced or omitted if there is a reasonable cause to do so.
- Article 2 applies mutatis mutandis if the service must be permanently suspended due circumstances related to LTI Korea. In such a case, the period of advanced notice is one month.
Section 4 Service Use Restrictions and Cancellation of Agreement
Article 9 (Service Use Restrictions)
- LTI Korea may restrict the use of the service without prior notice if a member engages in any of the following behaviors.
- Entering false member information or using the member ID, password, or other personal information of another person.
- If a member transmits, posts, emails, or distributes vulgar or obscene content not suitable for public consumption or offensive to others.
- Harassment, threats, or causing pain or discomfort to a specific person.
- Stealing, trading, or sharing another person’s ID, password, or personal information.
- Using information obtained through the service for reproduction, publication, broadcasting, etc., or providing information to a third party for purposes other than the use of the service without the prior consent of LTI Korea.
- In the event of violation of other related laws
- Members may file an objection against applied restrictions accordance with these regulations, which will follow the procedures set by LTI Korea. If the objection is deemed justified, LTI Korea will immediately resume access to the service.
Article 10 (Termination of Agreement)
- When a member wishes to terminate this agreement, they must make the request on the website.
- LTI Korea may terminate the use agreement without member consent should the member violate any part of Section 4 Article 1, and does not rectify the situation within 14 days.
- In the case of Section 2, LTI Korea will notify the relevant information in advance through the service or via email.
Section 5 Responsibilities
Article 11 (Member Responsibilities)
- Members must provide accurate information registering for membership or changing member information and cannot claim membership rights in case of registration with false or stolen information.
- Members must comply with related laws, regulations of these terms of service, use guidelines, and previously announced precautions, and notices from LTI Korea, and must not act in a way that interferes with the work of LTI Korea, damages the reputation of LTI Korea, or cause harm to others.
- Members are responsible for all management of the member ID and password.
- Members must prevent leakage or theft of their member ID and password to third parties.
- Members must notify LTI Korea if their member ID or password is used illegally.
- LTI Korea is not responsible for any disadvantages caused by failure of members to give notification of the matters in paragraph 5.
Article 12 (LTI Korea Responsibilities)
- LTI Korea will make the service available on the date of service provision requested by the member, barring special circumstances.
- LTI Korea is obliged to provide services without interruptions or delays as stipulated in these terms of service. However, even in the event of loss of member's personal information, LTI Korea is not responsible insofar as there is no intentional or serious negligence involved.
- LTI Korea will address justifiable opinions or complains raised by members in a timely manner. However, if it is something that cannot be resolved quickly, the member must be notified of the reason and given a processing timeline.
- LTI Korea strives to protect the personal information of members, including member registration information, in accordance with relevant laws and regulations. Regarding the protection of personal information, the relevant laws and regulations and Article 3 shall be observed.
Article 13 (Protection of Personal Information)
- LTI Korea collects member information provided by members through the process of registration. Member personal information is used only for the purpose of fulfilling this use agreement and to provide services.
- LTI Korea cannot disclose or distribute member information acquired in connection with the provision of the service to a third party without consent and cannot use such information for commercial purposes. However, the following cases are exceptions to the above.
- If there is a request to provide information from a related agency for investigation purposes in accordance with relevant laws and regulations.
- If it is necessary for information protection, such as checking for fraud, including violations of laws or terms of service.
- If there is a request in accordance with the procedures stipulated in other related laws.
- If it is determined that there is a problem with operation or security of the service provided by LTI Korea.
Section 6 Compensation for Damages and Indemnity
Article 14 (Compensation for Damages)
LTI Korea will not be liable for any damages in connection with the use of the service, except in cases where such damage is caused by the LTI Korea’s gross negligence or intention.
Article 14 (Compensation for Damages)
- In the event that LTI Korea is unable to provide service due to a natural disaster or force majeure, LTI Korea is exempted from the responsibility of providing the service.
- LTI Korea is exempted from liability for damage caused by unavoidable reasons such as repair, replacement, inspection, and construction of service facilities.
- LTI Korea is not responsible for any difficulty in using the service due to reasons attributable to members.
- LTI Korea is not responsible for profit expected by a member for using the service, or for any damage caused by data obtained through the service.
- LTI Korea is not responsible for content posted by members on the service, including any information, data, and facts, their reliability or accuracy. LTI Korea has no obligation to intervene in disputes between members and/or third parties through the service, and is not responsible for any damages incurred by such disputes.
Section 7 Community Use
Article 16 (Restrictions on Community Use)
- LTI Korea operates services for community use so that users may post materials, share information, and communicate based on common interests.
- The following will result in restrictions on community use.
- Violating, misusing, stealing, threatening, harassing, or otherwise violating the legal rights of others, such as privacy and publicity rights.
- Acts of publishing, mailing, posting, or distributing illegal information stipulated in each subparagraph of Article 44-7 Paragraph 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
- Uploading files containing software or other data protected by the Intellectual Property Rights Act (Patent Act, Utility Model Act, Copyright Act), provided that the user owns or manages the rights or obtains all necessary consent.
- Advertisement or sale of goods or services for commercial purposes.
- Uploading materials that users know or reasonably expect to know as posted by other community users that cannot be distributed legally .
- Acts of forgery or removal of authorship, legal or other appropriate notices, trade names, or the source or origin of the software or other materials included in the uploaded file.
- Acts that restrict or prohibit other users from participating in the community.
- Posting abusive content, such as political or religious propaganda, and slander or other content that causes offense to a specific group, nationality, or people.
- If the member has violated any other related laws
- In case of an act falling under Section 7, Article 1, LTI Korea has the right to restrict access to part or all of the community without notice, as well as delete the posted content.
Article 17 (LTI Korea Responsibilities)
- LTI Korea is under no obligation to censor the community. However, LTI Korea reserves the right to disclose information, or to edit all or part of the content disclosed by a member, or to remove it entirely in order to comply with applicable laws, regulations, legal processes or government requests.
- The community service provided by LTI Korea is for public communication, and LTI Korea does not moderate or approve the content, messages, or information shared within the community.
- LTI Korea has no responsibility for the community and for any event arising from a user's participation in the community.
Article 18 (Copyright Jurisdiction)
- Intellectual property rights and other rights related to KLWAVE services provided by LTI Korea, which include software, images, marks, logos, designs, service names, information, trademarks, works, and the like necessary for the services provided, are owned by LTI Korea. However, the intellectual property rights of any works posted by members will belong to the member.
- Except when expressly approved by LTI Korea, members or third parties may not modify, lend, loan, sell, distribute, produce, transfer, re-license, set up security rights, or use commercial rights in whole or in part for each property set forth in Article.
Section 9 Miscellanea
Article 19 (Modification)
At least 7 days advanced notice is required when this Terms of Service are revised, and if the terms are modified in such a way as to be disadvantageous to the consumer, at least 30 days’ notice is required.
Article 20 (Dispute Resolution)
- If the postings or contents of the service are involved in a legal dispute (including, but not limited to, lawsuits and mediation) related to the intellectual property rights of other entities, LTI Korea may receive an application from the parties and suspend the use of the service after prior notice to both parties.
- LTI Korea and KLWAVE members must make every effort necessary to amicably resolve disputes related to the service.
- If a lawsuit is filed despite all efforts to amicably resolve a dispute arising from the use of the service, jurisdiction will fall under the jurisdiction of the location of LTI Korea, which is the Korean court.
Article 21 (Proper Law)
- Korean law applies to litigation related to disputes between LTI Korea and users of the service.
Article 22 (Prohibition of Transfer)
Members cannot transfer or donate the right to use the service or other status in the use agreement to another person, and cannot provide it as collateral.