Terms of Service

Welcome! 'OGQ Backgrounds' users! Glad to meet you

We are now guiding you with the basic information for the use of ‘service’ which you may need or be curious about when using 'OGQ Backgrounds' by putting it into the terms of use. Through this terms of use, you can easily check the rights, obligations, responsibilities, and other matters of OGQ Corporation(hereinafter referred to as ‘OGQ’) and ‘member’, and ‘OGQ’ will post the contents of the terms at the screen of ‘service’ in order for ‘members’ to verify them with easy. ‘OGQ’ will do the best to constantly provide the stable ‘service’, and through the guided ‘service’ terms, we expect ‘OGQ Backgrounds’ to approach you a little bit closer.

The definitions used in the terms are as follows;

‘Service’ means ‘OGQ Backgrounds’ and the other relevant ‘services’ which a ‘member’ can use regardless of the devices (including a variety of wired/wireless equipment such as PC, TV, mobile devices). ‘Member’ means the customers who access to the ‘service’ of ‘OGQ’, and agree the contract for use with the ‘OGQ’ in accordance with this terms, and use the ‘service’ provided by ‘OGQ’. ‘Content’ means when a ‘member’ uploads or shares a background image, video, sticker, font, music and or sound, review, comment within the ‘service’. ‘Pie’ is a virtual currency unit that a ‘member’ can purchase within the ‘service’. 'OGQ Backgrounds' services include the mobile device wallpaper decorating service and PC web based ‘OGQ Backgrounds’ service developed and operated by ‘OGQ’.

The terms are to be posted for ‘members’ to easily notice and supposed to be amended followed by the prior-notice of them.

The contents of terms are to be posted on ‘service’ or linked screen by ‘OGQ’ in order for ‘members’ to easily notice. And within the scope not in breach of the relevant laws and regulations, these terms may be amended by ‘OGQ’. In case ‘OGQ’ amends these terms, the reasons and the applied date will be clearly posted and it starts posting them on the ‘service’ along with the current terms from 30 days prior to the applied date of such amended terms. However, the unfavorable terms to ‘members’ will be posted in the ‘service’ for a certain period of time and separately through the electronic methods such as the confirmation window on log-in. Although ‘OGQ’ notices the ‘members’ that the terms are amended and unless the ‘members’ express their declaration of denial intention in written within 30 days period of time, it is regarded as their acceptance intention has been expressed, it will be considered the ‘members’ have agreed with the amendment of the terms if the ‘members’ don’t express their declaration of denial intention explicitly. If ‘members’ do not agree with the application of the amended terms, ‘OGQ’ may not apply the amended contents of the terms and in this case, the ‘members’ can terminate the contract of use. However, if there is any specific reason unavailable for the current terms, ‘OGQ’ may be able to terminate the contract of use. Even if part of these terms is determined to be unenforceable, the remainder shall remain valid.

Terms and operational policy are based on the priority stated in order and mutually complementary.

‘OGQ’ may prescribe separate terms of use as well as operational policy (hereinafter referred to as ‘Operational policy, etc’) for individual ‘service’. For the matters or interpretations that are not defined in these terms will be subject to the separate operational policy, relevant laws or commercial practices.

In order to use OGQ Backgrounds ‘service’ as a ‘member’, several steps will be taken.

The contract of use will be agreed in the process that a person who wants to be a ‘member’ (hereinafter referred to as ‘the applicant’) agrees with the contents of the terms and applies for the ‘member’, and ‘OGQ’ approves such application. It is in principle that ‘OGQ’ shall approve the use of ‘service’ for the applicant’s application. ‘Member’ may freely use the ‘OGQ Backgrounds’ service through the approval for use.

We are trying to do our best to protect the privacy of ‘members’.

‘OGQ’ will not collect any personal information without any prior notice and separate permissions from the ‘member’. You can check the detail ways for protecting privacy of ‘members’ at ‘Privacy policy’.

We will make sure there are no inconveniences with purchase and refund progress in our ‘service’.

‘Member’ will be able to use diverse payment methods provided by the ‘service’ and if the payment is abnormally processed and is requested for normal processing, ‘OGQ’ have obligation to payment amount is to be processed normally. Also a ‘member’s payment can be canceled or refunded for amounts charged and paid through fraudulent or goes against company’s given payment methods. The ‘member’ can obtain payment cancellation, refund or compensation from the company from the following reasons :

• If there are no ‘content’ or functions that can be purchased and used within the ‘service’ and the company is entirely responsible. (Except in cases of where it was unavoidable, such as system periodic inspection)
• Duplicate records of payments due to errors in company or billing system
• If the company notifies ‘member’ of termination such as termination of ‘service’.
• For consumer protection
• If a ‘member’ requests a refund of unused ‘content’ within 7 days from the purchased date.

For more details about refunds and cancellations are as follows :

• ‘Member’ who wish to request a refund must register through Customer Service email and apply for a refund after confirming identification.
• The company will determine if the reason for requesting a refund is appropriate and refund to the requested ‘member’ who is found to have a reason for refund and has been properly processed.
• The company will explain the detail amount that is to be refunded to the ‘member’ and proceed with the refund progress.
• ‘Member’ will be entitled to refund within 7 days from the purchased date if the ‘content’ or ‘Pie’ has not been used. After 7 days from the purchased date only refund can be made if the purchase error has occurred do to company’s system failure. Refund will not be available in the following cases :
  • If the ‘member’ used part of the coin(Pie) after purchase
• If a ‘member’ is suspends or forcibly withdraws because of violating the Terms of Use, no refund or compensation will be made.
• If a ‘member’ voluntarily withdraws from the registration or contract, the ‘content’ or item held by the ‘member’ will automatically be destroyed and cannot be recovered or refunded.
• If the ‘member’s registration information proven to be false information or does not comply with the terms of membership during the registration process and withdrawal as a ‘member’ in result no refund or compensation will be made.
• Disputes between the company and the user may be subject to arbitration by the E-Commerce Mediation Committee.

Contents are provided and used as follows :

• Company will display ‘content’ clearly whether the ‘content’ is free or free of charge during usage to the ‘member’.
• In relation of any ’content’ provided in ‘OGQ’, the company grants rights to the ‘member’ only the given licenses. The ‘member’ will not have the copyright of the ‘content’ purchased in ‘service’.
• If you do not have a separate expiration date for the ‘content’ you purchased, ‘content’ may be used until the ‘service’ termination of the company. However if the company can no longer provide ‘content’ to ‘member’ due to termination of the contract between the company and the right holder of the ‘content’ all purchased ‘content’ won’t be available to use.
• Purchased ‘content’ is based on ‘ID’ and can be viewed at any time within the ‘service’.
• If the purchased or downloaded ‘content’ is deleted it will not be recovered. Also if the ‘member’ withdrawals the membership and deletes account the purchased or downloaded ‘content’ will not be recovered.
• The company may change the terms of use of the ‘content’ due to operational and technical need.
• The company will post notification 7 days prior within the ‘service’ for the reason of changing the ‘content’ or already changed ‘content’ and the usage details.

We are making our efforts to deliver the notice well.

When ‘OGQ’ notices a ‘member’, unless the otherwise provided in these terms, it may be processed by the notice in the ‘service’ or in the other way that ‘OGQ’ considers appropriate. In case ‘OGQ’ notices the entire ‘members’, it can substitute such notice by posting it on the initial window of the ’service’ or through the bulletin more than 7 days.

Opinions of ‘members' are also actively accepted.

‘OGQ’ will not perform any activities that the relevant laws, regulations and these terms prohibit or that violate any public order and standards of decency, and it strives to do its best to provide the constant and stable ‘service’. In addition, ‘OGQ’ seeks for being equipped with the safety system to protect the privacy (including the credit information) in order for ‘members’ to safely use the ‘service’ and it posts and complies with the privacy policies. ‘OGQ’ tries to deal with the opinions or complaints when they are considered reasonable. Regarding the opinions or complaints claimed by ‘members’, the handling process and result will be delivered to the ‘members’ via using the E-mail or through the other methods considered appropriate by ‘OGQ’.

‘Member’ is allowed to use the whole contents of ‘service’ such as the background images, widgets ‘service’ as well as the other overall ‘services’ that ‘OGQ’ will develop additionally or that will be provided through the joint contracts with ‘OGQ’ through ‘OGQ Backgrounds’ service. Also, through the account signed up in ‘OGQ Backgrounds’, the ‘contents’ uploaded by ‘members’ are to be served to the users by posting them on the ‘OGQ Backgrounds’ service in accordance with these terms and under the same conditions provided by ‘OGQ Backgrounds’ service. These ‘contents’ will be referred as ‘the user contents’ hereunder.

With regard to the ‘user contents’ created by the ‘member’ through ‘OGQ Backgrounds’, they are subject to the following rules.

‘Member’ uploads his/her own or someone else’s creation through ‘OGQ Backgrounds’, and is to allow ‘OGQ Backgrounds’ to provide them as the ‘service’. In case the ‘user contents’ are the member’s own creation, the ‘member’ shall justly hold the rights of the contents posted as the owner of copyrights and be responsible for it in person. If the ‘user contents’ are the creations of someone else’s, the ‘member’ shall upload them to ’OGQ Backgrounds’ with the source information notified, by acquiring the righteous rights from the original author with regard to their posting, and being ‘served’ through collecting them. In this case, all the rights of the contents will justly belong to the original author. The ‘member’ confirms that he understands the service properties of ‘OGQ Backgrounds’ as well as the responsibilities and rights occurring in use and authorizes its use, and also owns or secures the necessary license, rights, consent and permission, etc.

‘OGQ’ serves the ‘user contents’ of the ‘member’ only for the purpose of use specified in these terms and service operational rules. ‘Member’ is allowed to withdraw the ‘service’ of ‘user contents’ that he has uploaded to ‘OGQ Backgrounds’ at any time. The withdrawal procedures will be followed in accordance with the contents prescribed by the operational policy of the concerned service. However, for the ‘user contents’ that a ‘OGQ Backgrounds’ user has already downloaded, despite of such withdrawal it is regarded that the ‘member’ acknowledged and agreed that they could be used in the same manner as the existing ‘service’ purpose in the individual devices.

Regarding the ‘user contents’, ‘OGQ’ reserves the rights to take actions such as to withdraw or remove them from the ‘service’ without prior notice once they are confirmed to be in breach of laws and regulations including the someone else’s intellectual property rights and to infringe the rights of third party etc.

‘OGQ’ may be able to impose sanctions on the use such as the warning, temporary blackout, and permanent blackout, etc against the account of the ‘member’ at its sole discretion without prior notice at any time by the reasons of service interruptions such as the breach of service terms of ‘member’, frequent inappropriate contents upload attempts and removal of the exposed contents, and the infringement of the others etc. For more details of procedures and information, it will follow the blackout policy and individual ‘service’ operational policies.

‘OGQ’ reserves the rights to take all the appropriate legal actions against the illegal or unauthorized use of the ‘service’.

With regard to the use of ‘service’, a few precautions are required.

The user of ‘service’ is prohibited from the actions to use the ‘service’ for the commercial purpose without the alteration of the posted information in the ‘service’ or without permission of ‘OGQ’ in ‘OGQ’ to ensure the justified utilization of the ‘service’, and also from the actions to cause the infringement of intellectual property rights(like copyrights), reputation damages, and business interruptions, etc such as the impersonation of ‘OGQ’ or the third party, or identity theft, etc. ‘Member’ shall comply with the precautions noticed in relation to the relevant laws and regulations, the provisions of these terms, the introduction for use as well as the ‘service’-related matters informed by ‘OGQ’, and should not take actions to interfere with the other business activities of ‘OGQ’.

We strive to provide the stable ‘services’.

‘OGQ’ will provide the ‘OGQ Backgrounds’ service for decorating the wallpaper of the mobile device and the overall ‘services’ of additional developments by ‘OGQ’ or others obtained through the joint contracts with ‘OGQ’ etc. If there are the maintenance or inspection of the communication equipment like computers etc, replacement and malfunction, communication interruption or significant operational reasons, ‘OGQ’ may be able to suspend the supply of ‘services’ temporarily. In this case, ‘OGQ’ is supposed to notify to the ‘members’ by the designated notification methods. However, if there is an inevitable reason that ‘OGQ’ fails in notifying in advance, it can be made afterward. In addition, ‘OGQ’ can perform the periodic inspections if necessary for the supply of ‘services’, and the periodic inspection time is subject to a notification posted on the ‘service’ screen.

‘Services' may change sometimes.

If there are any significant reasons, ‘OGQ’ may change a whole or a part of ‘services’ provided in accordance with the operational, technical needs. If there are changes on the content of ‘services’, methods of use, and time to use, the reasons of change and the content and the supplying date etc of ‘services’ to be changed will be posted on the bulletin screen in the concerned ‘services’ in the manner that ‘members’ may fully acknowledge prior to such changes. ‘OGQ’ may correct, suspend, change part or total of ‘services’ being provided free of charge in the needs of policies and operations of ‘OGQ’, and will not compensate for it separately to ‘members’ unless otherwise there is any specific regulation for it.

A wealth of information can be provided.

‘OGQ’ may provide the ‘members’ a variety of data recognized necessary in the use of ‘services’ in the forms of the bulletin or the notice in the ‘service’, push notification etc, and the ‘member’ can reject the receipt of them except the information related to the transactions in accordance with the relevant laws and regulations and the answers to the inquiries requested by themselves etc at any time. However, if the advertising information for the commercial purpose is attempted to be transferred to the ‘member’ through the electronic transmission media, it should be transferred with the prior consent with the ‘member’ separately. The ‘member’ shall not take any actions to modify, correct, and limit the posts or the other information related to ‘services’ provided by ‘OGQ’.

Please respect the rights for ‘services’.

OGQ may provide the functionalities for the ‘member’ to create, post, and share the ‘posts’ such as wallpapers in the ‘services’. Thus, all the ‘posts’ in the ‘services’ posted by ‘member’ will be attributed to the ‘member’ in its rights and responsibilities, and if there occurs the breach of laws, the infringement of the third party's rights and appeals etc as well as there is the request of the owner of such rights, ‘OGQ’ may immediately notify it to the ‘member’ and change the status of the concerned ‘post’ as the unexposed status and take actions in accordance with the relevant laws and regulations. In this case, the ‘member’ may appeal the right of the concerned ‘post’ and request the re-posting. More detailed procedures will be introduced in the individual service operation policy. The copyright and intellectual property right for ‘services’ will be attributed to ‘OGQ’ and in this case the posts of the ‘members’ and works provided under partnership contracts will be exempted. All copyright and other intellectual property right, trademarks, ‘service’ mark, logos in related to the ‘services’ provided by ‘OGQ’ such as the design of ‘services’ provided by ‘OGQ’, the text generated by ‘OGQ’, Scripts, Graphics, the transmission functions among the ‘members’ are to be vested with ‘OGQ’ in accordance with the relevant laws and regulations or ‘OGQ’ holds the ownership or license. With regard to the ‘services’, ‘OGQ’ will provide the ‘members’ only the rights to use etc which allows them to use the ‘services’ etc in accordance with the conditions of utilization defined by ‘OGQ’, and the ‘members’ are not allowed to do some behaviors that can terminate the rights to use such as transferring, selling, offering collateral etc. Owing to these terms of use, the ‘members’ shall not own the ‘services’ or hold the copyright of the ‘services’, but be allowed to use the ‘services’ offered by ‘OGQ’, of which ‘services’ are provided only for the forms of information acquirement or personal use that can be used by the ‘members’. Except for the explicitly permitted content, the ‘member’ shall not use, copy or distribute, for the commercial purpose, the information on ‘members’ status obtained through the ‘services’ and also shall not be allowed to duplicate or distribute functions transmitting of text, scripts, graphics created by ‘OGQ’ among members. With the exception of the case when the ‘member’ receives a clear permission from ‘OGQ’ in written form, ‘member’ should not attempt production of sub-material, inverted files, and extraction of source codes etc related to the ‘services’ or the software which is included in the services.

‘OGQ’ may gradually limit the use of ‘services’ by warning, temporary suspension, permanent stop etc, if the ‘member’ is in breach of the responsibility of these terms or interferes with the normal operation of ‘services’. However, if the ‘member’ violates the relevant laws and regulations such as the supply of illegal programs and operational interference, illegal communication and hacking, distribution of malware, excessive use of access right etc, ‘OGQ’ may immediately black out the use of the ‘services’ permanently. When the blackout of use is made, all the benefits obtained through the use of ‘services’ will be erased, and ‘OGQ’ will not compensate for it separately. More details of the related limit conditions follow the blackout policy and individual ‘services’ operational policies. If ‘OGQ’ prevents the ‘member’ from using the ‘services’ or terminates the contract, ‘OGQ’ will notify it in accordance with the notification method. In this case, ‘member’ may raise objection to the decision in accordance with the procedures set by ‘OGQ’. If ‘OGQ’ considers such appeal justified, ‘OGQ’ will resume the use of ‘services’ immediately.

There are a few exceptions on the responsibilities for the 'service' operations.

If ‘OGQ’ is unable to provide the ‘service’ due to a natural disaster or an equivalent force majeure, the responsibility to provide the ‘service’ will be exempted, and the interruption of use of the ‘service’ attributed to the ‘member’ such as the interruption of use of ‘service’ due to the loss of accessible media such as terminal etc as well as the communication interference etc will not be accounted to ‘OGQ’. In addition, ‘OGQ’ is exempted from liability for the contents of information, material, trustfulness of facts, accuracy etc posted with regard to ‘service’ by ‘member’ as well as the transactions between ‘members’ or between ‘member’ and the third party using ‘service’ as the mediator. Other than these, with regard to the ‘service’ provided for free of charge, ‘OGQ’ will not be responsible for it unless otherwise specified in the relevant laws. For the ‘posts’ of ‘member’, which are ‘served’, ‘OGQ’ will not account for any infringement of rights occurring due to ‘member’s intentional or negligent failure in the implementation of guarantee or responsibility agreed by ‘member’ in these terms.

However, with regard to the activities to collect the personal information by the other services which are linked in the ‘OGQ Backgrounds’ ‘service’, please be noted that these ‘OGQ Backgrounds’ terms and privacy policy will not be applicable.

With regard to these terms, the litigation filed between ‘OGQ’ and ‘member’ will be governed by the laws of Republic of Korea, and the disputed lawsuit will follow the procedures prescribed by the Code of Civil Procedure.

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