Effective Date: July 05, 2024
Last Updated Date: June 20, 2024
GENERAL TERMS
1. Purpose
This SOOP Terms of Service (this “Agreement” or the “Terms of Service”) between you, a User and SOOP Co., Ltd. (hereinafter the “Company,” “we,” “us” or “our’), or its affiliates, govern your use of our service (the “SOOP”, “Service(s)”, or “SOOP Service(s)”). “You” or “Your” means you or any other person or entity identified in any service account on whose behalf you are authorized to act.
2. Definition
2.1. In this Agreement, the following terms shall have the meanings specified in this Article 2.
- “Application” or “App” means the PC/Mobile application operated by the Company (www.sooplive.com)) for SOOP.
- User means all visitors, users, and others who access the Service.
- “User Email” or “Email” means user’s registered email during sign up, which is designated by the User and approved by the Company to identify the User for provision of Service.
- A “Password” means a secret code consists of alphabets, special characters, and numeric numbers that a User can choose to protect the User’s access to SOOP.
- “Account” means a login account based on “User Email” and “Password”.
- A “Content” means any letter, sign, symbol, sound, picture, video, words or any link to any of the foregoing that is uploaded or created by a User.
- “Channel” means a personal broadcasting channel of a streamer User
2.2. Any terms or expressions used in this Agreement that are not otherwise defined in Article 2 shall be interpreted in accordance with applicable laws, any instructions using the SOOP provided by the Company or business customs.
3. Applicability and Amendment
3.1. This Agreement applies to all Users of SOOP.
3.2. By creating a User account via the online user interface on the Application, or by otherwise accessing or using any part of the SOOP, you effectively give your consent to be bound by the Terms of Service of this Agreement.
3.3. If you do not agree to the Terms of Service of this Agreement, you cannot create a User account, or access or use any part of the SOOP.
3.4. We reserve the right to change or modify any of the terms and conditions of this Agreement at any time and in our sole discretion. We will provide prior notice to you before making such changes.
3.5. Your continued use of any part of the SOOP of any changes or modification to any of the Terms of Service of this Agreement, or Content of the amended Agreement on the Application will constitute your consent to such changes or modifications. If you do not agree with any of the changes or modifications to this Agreement, you must stop using the SOOP and contact us for cancellation of your membership.
3.6. By agreeing to be bound by the Terms of Service of this Agreement, you also agree to periodically check our Application for any amendment to this Agreement. The Company is not responsible for any damages or losses you may incur due to your failure to check for the updates or changes to this Agreement.
4. Other Applicable Terms of Service
If you, as a User entered into a separate agreement with SOOP concerning any other product or services offered by the Company through SOOP, then the Terms of Service of the separate agreement shall govern the relationship between the parties concerning that other subject matter in addition to this Agreement.
AGREEMENT FOR USING SOOP
5. Sign Up
5.1. A person who intends to use the Service (hereinafter referred to as “Applicant”) shall sign up to the Service by checking the checkbox indicating that the “Applicant” agrees to the Terms of Service. Membership is established by the Company's acceptance of the application of the “Applicant”. In this case, the “Applicant” will be deemed to have agreed to the following.
- The “Applicant” is an individual who is 16 years of age or older.
- Agree to these Terms of Service.
- Agree to creating a personal Channel
- Recognize and agree that sanctions may be taken in violation of these Terms of Service.
5.2. People under 16 years of age cannot use the Service.
5.3. The Company may, if deemed necessary, have the applicant register account via SNS social login
5.4. In the following cases, the Company may or may not withhold the acceptance of user’s application, or may terminate this Agreement afterwards.
- If the User with whom the Company previously terminated this Agreement applies for re-enrollment
- If the User who has withdrawn under these Terms of Service has applied for the same email address again within 30 days
- If false information is entered in the application form or the information requested by the Company is not entered
- Application is not acceptable due to the fault of the “Applicant” or User or application is in violation of other regulations
- On Company’s sole discretion, other cases where the Company clearly acknowledges that it may be harmful to other “Users”, third party companies, or contrary to social order and morals based on relevant laws and regulations.
- “Applicant” or User is under 16 years old
5.5. The Company may withhold approval if there is no room for service-related facilities, or if there is a technical or business problem in providing the service, or if the Company deems it is financially or technically necessary to do so.
5.6. If the acceptance of sign up is withheld in accordance with Paragraph 4, the Company may notify such withholding to the email address entered by the “Applicant” when the Company deems necessary.
5.7. The date of entering into the Agreement shall be the time when the Company marked the completion of the sign up in the application process.
5.8. The Company can give a grade to User according to Company policy, and can differentiate the level of service according to the grade.
6. Change of User Information
6.1. The User can access his/her user information at any time through the settings and Account Management page of the Service, etc., and can modify the information by inputting on the page.
6.2. If the User changes the information specified in the application, he/she shall inform the Company of the change, and the Company shall not be responsible for any disadvantages caused by not notifying the Company of the change.
6.3. The User shall notify the Company without delay or register the change by changing his/her personal information without delay if any matters specified in the application for registration, such as contact means (Email, mobile phone number), are changed. The Company shall not be liable for any damage caused by such omission.
7. Collection and Protection of Personal Information
7.1. The Company collects the personal information necessary from the User to provide the Service.
7.2. The Company shall endeavor to protect the personal information of the User collected under Paragraph 1. Regarding the protection and use of personal information, relevant laws and the Company's privacy policy shall apply.
7.3. Privacy policy of the Company does not apply to linked sites other than the Service of the Company.
8. Responsibility for Managing “User Email” and “Password”
8.1. The User is responsible for the management of “User Email” and “Password” of the User, and the User is responsible for all disadvantages if the third party uses it due to the User's intention or negligence.
8.2. When the User recognizes that the “User Email”, “Password” and additional information are stolen or used by a third party, he/she shall immediately notify the Company and follow the instructions of the Company.
8.3. In the case of Paragraph 2, the Company shall not be responsible for any disadvantages caused by not notifying the Company or not following the instructions of the Company even if notification of the User to the Company exists.
9. Use of Service
9.1. The “Service” provided by the Company is as follows
- Live streaming and storage of such Content created by Users,
- Provision and recommendation of such Content to Users,
- Any other Services provided by the Company to facilitate viewers and streamer interactions
9.2. Service can be used immediately after the Company approval. However, if User do not complete verification procedures, there may be restrictions on the use of some or all of the Services.
9.3. The Service usage time shall be in principle 24 hours a day, 7 days a week (00: 00-24: 00) except when the Company cannot provide the Service for technical or business reasons.
9.4. The Company may temporarily suspend the provision of Services if there are reasons for its operation, such as regular inspection, replacement and failure of service facilities, or loss of communication. If the interruption of service provision exceeds 24 hours, the Company will notify the User in advance according to Article 10. If there is an unavoidable reason that cannot be notified in advance, it will be notified after the event.
9.5. The Company may conduct regular inspection when it is deemed necessary to provide the Service, and the regular inspection time will be announced through the service provision screen.
9.6. The Company may collect and use PC data of the User to provide the Service and related technology suitable for the User’s environment, and not for any other purposes.
9.7. By using Service, the User acknowledges and agrees that the Company may utilize the User’s PC resources and network resources for the limited purpose of facilitating media data exchange between the Users.
9.8. The User's right to use the Service may not be transferred, given or used for a pledge.
9.9. If it is judged that the use of the Service by the User is not in accordance with the normal procedure, the Company may intervene and take actions in place of the User. At this time, the judgment is entirely up to the Company.
10. Notice to the User
10.1. If the Company notifies the User, it can be done by Email of the User registered in the Service or any other contact method that the Company decides at that time, unless otherwise specified in this Agreement.
10.2. In the case of Paragraph 1, the Company shall not be responsible if the User does not receive email authentication or if he/she inputs false Email intentionally or by mistake.
10.3. In case of notification to the whole User, the Company may substitute the notice of Paragraph 1 by issuing news in the Service or Content it on the notice board.
11. Changes in Services
11.1. We reserve the right to change or modify any part of the SOOP (including without limitation, quality and technical specifications) at any time and in its sole discretion.
11.2. We reserve the right to suspend or terminate the Agreement or any part thereof in each of the following cases:
- for maintenance, repair or technical difficulties;
- if a User interferes with our operation;
- for power outage, failure of communication equipment or sever failure due to unusually high traffic;
- for any other internal reasons as determined by us; or
- in the event of force majeure, including without limitation, natural disaster, acts of God or national emergency.
11.3. A User may terminate this Agreement at any time with or without cause by deleting his/her account (hereinafter referred to as “Account Deletion”). Such Termination will become effective upon the Company’s receipt of the Account Deletion request. The Company will not be responsible for any losses or damages you may incur in relation to your Account Deletion. The Company reserves the right to retract any rights and privileges that the Company offered to you prior to your Account Deletion.
11.4. The Company will not be responsible for any losses, damages or problems you may incur in relation to your Account Deletion or suspension of the use of the SOOP.
11.5. The Company reserves the right to immediately terminate a User’s Agreement or suspend such User from accessing SOOP in its sole discretion for any breach by the User of its obligations under Article 13, with or without notice, upon discovery by the Company.
11.6. Any User whose account was permanently suspended by the Company under Paragraph 5 above may appeal the Company’s decision by contacting the Company.
11.7. If the Company finds the appeal has valid ground, the Company may restore the User’s Account.
RIGHTS AND OBLIGATIONS OF THE PARTIES
12. Obligations of the Company
12.1. The Company does not disclose, share or distribute any personal information collected from any User to a third party without the User’s express consent; provided, that we may disclose such information to relevant government agencies, a judicial order or government regulations, to the extent required under applicable laws.
12.2. The Company will promptly process any complaints reported to our customer service department. In the event the Company cannot respond to complaint in timely manner, the Company will communicate reasons for the delay and estimated time of our response through the Application or via email.
13. Obligations of the User
13.1. The User shall not:
- Provide false information when applying for sign up or changing the “user” information
- Theft of others' information
- Change the information posted on the Service of the Company or use the information obtained by using the “Service” for reproduction, publication, broadcasting, etc. for commercial or non-profit purposes or offer to third parties without the prior consent of the Company.
- Transfer the right to use the Services or provide a third party with the opportunity to promote the User or promoting a third party on behalf of a third party using the “Services” provided by the Company.
- Infringe on the rights of the Company or third parties, such as Content false facts about the Company or other third parties or infringing on intellectual property rights.
- Use unfairly the “Service” by stealing the User and “Password” of other “Users”.
- Use the Company's paid services using payment information of others without the permission of others, such as account numbers and credit card numbers of others.
- Post any content that suggests joining a pyramid or terrorist organization or post obscene or violent messages, Content or voices, or disclose or Content information that is against public order or morals.
- Transmit or post information (computer program, etc.) that is prohibited from being transmitted or posted by related laws.
- Disseminate information, sentences, figures, sounds, etc., in violation of public order or morals
- Post or send messages by pretending or impersonating an employee of the Company or a manager of the Services or by using the name of another person.
- Post or email any materials containing software viruses or other computer codes, files or programs designed to disrupt or destroy the normal operation of computer software, hardware or telecommunications equipment.
- Interfere with other Users' use of the Service, such as stalking, abusive language, or plastering.
- Collect, store or disclose the personal information of other “Users” without their consent.
- Collect information from other “Users” to post advertisements or propaganda or send spam mails to an unspecified majority;
- Modify, reverse engineer, decompile, or disassemble software provided by the Company.
- Use the Company's intellectual property without permission, including the Service description or Terms of Service of the Company, without the Company's consent.
- Provide information in the Services to competitors or potential competitors of the Company;
- Access to information that is not open to “Users”, such as server computer of the Company
- Attempt an individual transaction other than the Service which is not agreed with the Company in advance by exposing personal information or exposing personal contacts.
- Violate current laws, Terms of Service set forth in the Services provided by the Company, and other regulations regarding the use of the Services.
- Act other actions that may be harmful to the Company and the Services
13.2. The User should comply with the related laws, the provisions of this Agreement, the precautions noticed related to information of use, and Service, and the notices of the Company, and should not act in any way that interferes with the work of the Company. If the User acts in violation of Paragraph 1 or Paragraph 2, the Company may delete or temporarily delete the Content, may restrict the use of the Service, may terminate this Agreement, may permanently delete the Account, may take legal action such as civil sue or criminal charge. If the damage occurs to the Company, we can claim for damages.
13.3. SOOP Users (including the streamers) must comply with the ‘SOOP Community Guideline’, and for activities that violate the Community Guideline, the Company may issue a warning or suspension to the relevant account and/or channel.
GENERAL PROVISIONS
14. Attribution of Rights
14.1. Copyright and intellectual property rights of the Service belong to the Company. However, copyright for the works created via SOOP Service is granted to the User who is the streamer of such content.
14.2. User grants the Company the right to use Content he/she produced, and the Company can use such Content for service promotion or other commercial activities.
14.3. Company can permanently store Content created by Users, using the SOOP service, however Users can freely request deletion of Content from the Service to which they own copyright.
14.4. Since SOOP respect the content owner rights, it is Company’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998. If you believe that your copyrighted Content has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify the Company as set forth in Company’s DMCA & Copyright Policy., so that the Company can promptly comply with the DMCA.
15. Promotional Materials
15.1. The Company will, from time to time, provide relevant information about SOOP on the Application or via email or postal mail to our Users.
15.2. Company will, with your consent, provide useful information or other advertising materials to you via SMS or email.
16. Removal of Inappropriate Content
16.1. The Company reserves the right to remove any Content made by Users on the Application or the website for any of the following cases without any liability to such User:
- materials that are defamatory or libelous to the Company, any User or third party;
- materials that are against social order or public safety;
- materials that are illegal or distribution of which can be a criminal offense;
- materials that are infringing upon intellectual properties of the Company or any third party;
- materials that are past the pre-determined Content storage period by the Company;
- non-permitted promotional or advertising materials; or
- any other outlawed or non-permitted materials under applicable laws.
16.2. The Company reserves the right to implement a separate policy setting forth detailed Terms of Service covering the Content on the Application and may remove any Content that are in breach of such policy.
17. Liabilities
17.1. The Company agrees to indemnify and hold harmless a User from any damages or losses arising out of or resulting from any intentional misconduct or negligence of the Company in providing the SOOP.
17.2. A User agrees to indemnify and hold harmless the Company, its officers, employees and agents from any claims, lawsuits, damages or losses including court costs and attorney’s fee arising from any breach by the User of this Agreement or any provisions of applicable laws.
17.3. You agree to indemnify, defend and hold the Company, its agents, directors, officers, and employees harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Party, arising out of, related to or which may arise from your breach of any term of this Agreement your failure to comply the applicable laws.
18. WARRANTY DISCLAIMER
18.1 THE SOOP SERVICE AND ANY RELATED SERVICES OR PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE FROM THE USE OF THE SERVICE WHICH IS NOT CAUSED BY WILLFUL OR GORSS NEGLIGENCE OF THE COMPANY.
18.2 WE ARE NOT RESPONSIBLE FOR THE INTERRUPTION OF THE SERVICES CAUSED BY EVENTS BEYOND OUR CONTROL SUCH AS STRIKES, RIOTS, INSURRECTION, FIRES, FLOODS, EXPLOSIONS, WAR, GOVERNMENTAL ACTION, LABOR CONDITIONS, EARTHQUAKES, NATURAL DISASTERS.
18.3 WE ARE NOT RESPONSIBLE FOR THE INTERRUPTION OF THE SERVICES CAUSED BY USER’S FAULT.
18.4 WE ARE NOT RESPONSIBLE FOR LOSS OF PROFIT EXPECTED FROM THE USE OF THE SERVICES; WE ARE NOT RESPONSIBLE FOR LOSS OR DAMAGE CAUSED BY THE MATERIALS OBTAINED FROM THE SERVICE; WE ARE NOT RESPONSIBLE FOR THE RELIABILITY OR THE ACCURACY OF THE CONTENT CONTAINED IN THE POSTS OR POSTONGS UPLOADED BY THE USER.
18.5 WE ARE NOT RESPONSIBLE AND WILL NOT GET INVOLVED OR MEDIATE ANY DISPUTE (A) BETWEEN OR AMONG OUR USERS OR (B) BETWEEN YOU AND A THIRD PARTY WHICH MAY ARISE IN RELATION TO USE OF THE SERVICE.
18.6 WE CLAIM NO RESPONSIBILTIY FOR ANY LOSSES OR DAMAGES INCURRED BY YOU IN CONNECTION WITH YOUR DISCLOSURE OR RELEASE OF ANY PERSONAL INFORMATION ABOUT YOU.
19. No Assignment
You may not assign or transfer this Agreement or any of your rights and obligations hereunder without the prior consent of the Company.
20. Governing Law; Dispute Resolution
California law shall govern this Agreement. Should any and all legal disputes connected with this Agreement arise, resolution will take place in accordance with the laws of California.