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(Required) Terms of Use

Article 1 (Purpose)
The purpose of this Terms of Service is to protect consumer’s rights and interests by stipulating the rights and obligations of Metagallery LaLuna (hereinafter referred to as “GALLERY”) and USER in using the services (hereinafter referred to as “SERVICE”) related Web SITE (hereinafter referred to as “WEB SITE”) operated by the GALLERY.* This Terms of Service shall apply mutatis to e-commerce transactions via PC communication, smartphone application, affiliated internet banking and etc.

Article 2 (Definitions)
1. The term “WEB SITE” means an online business market where the GALLERY can trade artworks and services with USER by introducing info-communications facilities such as computers. The WEB SITE also means the GALLERY that operates the WEB SITE.
2. The terms “USER” means member and non-member who access the WEB SITE and receive the services provided by the GALLERY in accordance with this Terms of Service.
3. The terms “MEMBER” means a registered USER who signs up to be a member by providing personal information to the GALLERY, who is continuously provided the information of the GALLERY and can use the SERVICE provided by the GALLERY.
4. The terms “NON-MEMBER” means a USER who uses the SERVICE provided by the GALLERY without signing up as a registered user.
5. In addition to the terms aforementioned, the terms used in this Terms of Service shall have the meanings in accordance with the relative legislations and definitions for each SERVICE.

Article 3 (Obligation to Clarify, Explain and Amend the Terms)
1. The GALLERY shall post the contents of this Terms of Service, GALLERY name, business address, representative’s name, business registration number, mail-order business report number, contact information (including telephone, fax, e-mail address, etc.) and the person in charge of personal information management on the initial page of the WEB SITE. However, the contents of this Terms of Service can be viewed through the connection WEB SITE.
2. In order to facilitate USER’s understanding of critical information such as withdrawal contract, delivery policy, refund conditions, etc. before consent to this Terms of Service, the GALLERY shall provide a separate connection WEB SITE or pop-up screen to obtain the USER’s consent.
3. The GALLERY can amend this Terms of Service to the extent that it does not violate the relevant legislations such as Act on the Regulation of Terms and Conditions, Framework Act on Electronic Documents and Transactions, Digital Signature Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Act on Consumer Protection in the Electronic Commerce Transactions, Act on Door-to-Door Sales, Framework Act on Consumers, Act on Promotion of Information and Communications Network Utilization and Information Protection and if any.
4. In case the Terms of Service is amended, the GALLERY shall announce the amendment including the date of application, the reason of the amendment along with the current Terms of Service on the initial page of the WEB SITE from 7 days before the effective date to the day before the effective date. However, if the amended term is disadvantageously to the USER, the announcement shall be given with a grace period of at least 30 days beforehand. In this case, the GALLERY shall precisely compare and specify the term before and after the amendment through a posting on the WEB SITE in order to facilitate USER’s understanding. During a grace period, the amendment shall be posted together on the WEB SITE where the current Terms of Service are posted.
5. In case the Terms of Service is amended, the amended term applies only to contracts concluded after the effective date of amendment, whereas the contracts concluded before amendment is subject to the terms prior to the amendment. However, in case a USER who has already concluded a contract before amendment delivers intention to be subject to the amended terms via the WEB SITE within the announcement period of the amended terms stipulated in Article 3 above and the GALLERY consents the request, the amended terms will be applied.
6. Any matter not stipulated herein and any interpretations in connection with this Terms of Service shall be governed by Act on the Consumer Protection in Electronic Commerce, Act on the Regulation of Terms and Conditions, Guidelines for Consumer Protection in Electronic Commerce established by Korea Fair Trade Commission, Guidelines for Consumer Protection in Electronic established by the Government of the Republic of Korea and its relational statute or commercial practices.

Article 4 (Provision and Chang of Service)
1. The GALLERY’s services are as below:
  ① Providing information regarding artworks and services, and conclusion of purchase contract with USER;
  ② Delivery of artworks for which a purchase contract concluded;
  ③ Distributing News Letter (artworks, artist, exhibition information) to subscribers via e-mail;
  ④ Others determined by the GALLERY; and
  ⑤ Supporting USER to see the artworks offline as per USER’s request.
2. The GALLERY can change the detailed information of artworks and services to be offered under the contract to be concluded in case of sold out of artwork, change in technical specification of artwork and if any.
3. In case of change of SERVICE caused by sold out of artwork, change in technical specification of artwork, the GALLERY shall immediately notify the reason to the USER in any way that can be delivered to the USER, and the GALLERY shall indemnify the USER for damage occurred. However, if the GALLERY can prove that there is no intention or negligence in damage occurred, no indemnification for damage shall be made.

Article 5 (Cessation of Service)
1. The GALLERY may temporarily suspend the provision of the SERVICE in case of maintenance, changing and breakdown in info-communications facilities such as computer and communications interruption.
2. In case of cessation of the SERVICE pursuant to Article 5.1, the GALLERY shall notify the USER in accordance with Article 8.
3. In case of cessation of the SERVICE occurred by conversion of business field, abandonment of business, mergers and acquisitions between other companies and if any, the GALLERY shall notify the USER in accordance with Article 8 and compensate the USER according to the conditions initially stipulated in the WEB SITE. In case the compensation conditions are not stipulated in the WEB SITE, the GALLERY shall pay to USER in kind or cash equivalent to the value of the currency used on the WEB SITE such as mileage or reserve. In case of change of SERVICE caused by sold out of artwork and any changes in artwork before taking over to the USER, the GALLERY shall indemnify the USER for damage occurred. However, if the GALLERY can prove that there is no intention or negligence in damage occurred, no indemnification for damage shall be made.

Article 6 (Sign Up for a Membership)
1. The USER can sign up for a membership of the WEB SITE at no cost. The USER can apply for membership by filling in the registration form provided by the GALLERY with consent to this Terms of Service.
2. The GALLERY approves the USER’s application for membership unless it falls under the followings:
  ① In case an applicant for membership has previously lost membership in accordance with Article 7.3. However, if the GALLERY allows to re-join for membership and at least 3 years have elapsed since the loss of membership according to Article 7.3, an applicant can be re-registered as a member;
  ② any false, omissions or errors in user information filled in the registration form is found;
  ③ when it finds that registering a member strikingly impedes the GALLERY’s technology; or
  ④ in case of a child under the age of 14 who does not obtain the consent of a legal guardians such as parents.

3. The efficacy of membership becomes when the approval of the GALLERY reaches the MEMBER.
4. In case any changes in the registration information pursuant to Article 15.1 is occurred, the MEMBER shall notify the GALLERY of changes through e-mail, member information modification or in other possible methods within a reasonable period. The MEMBER is liable for any damages caused by the failure to notify the changes.

Article 7 (Membership Withdrawal and Forfeiture of Membership Qualification)
1. The MEMBER can request its membership withdrawal to the GALLERY at any time, and the GALLERY shall immediately approve the request for membership withdrawal.
2. The GALLERY can limit and suspend membership qualification of the MEMBER, it falls under the followings:
  ① any false, omissions or errors in user information filled in the registration form is found;
  ② in case the MEMBER defaults on payment of the artwork and SERVICE purchased using the SERVICE of the GALLERY;
  ③ in case of expropriating another member’s ID and password or any other personal information;
  ④ in case of threatening the order of e-commerce such as interfering with other user’s use of the SERVICE of the GALLERY or expropriating the information;
  ⑤ in case of breach of legislation and this Terms of Service, or act against public order and good morals; or
  ⑥ in case intentionally obstructing the operation of the SERVICE.

3. The GALLERY can forfeit the membership qualification, in case the MEMBER repeats a same violation 2 times and more or not rectify a violation within 30 days after limitation or suspending membership qualification.
4. In case of forfeiture of membership qualification approved by the GALLERY, the membership registration details are obliterate. The GALLERY shall notify the MEMBER and allows to justify for at least 30 days before the forfeiture of membership qualification.

Article 8 (Notification to the MEMBER)
1. The GALLERY can send any notifications through e-mail, mobile phone number registered by the MEMBER.
2. The GALLERY substitutes individual notification by posting on the open bulletin at the WEB SITE to an unspecified users. However, the critical issues in regards to trade and commerce of the artwork and SERVICE shall be directly notified to the USER.

Article 9 (Purchasing Requisition)
1. The USER shall request for purchase on the WEB SITE through the followings or similar application methods, and the GALLERY shall provide each of the following information perspicuously.
  ① recipient’s name, address and phone number (log in to use or change the registered information);
  ② search and select artwork or other available services;
  ③ confirmation on Terms of Service, services with limited right to withdraw contract, any expenses occurring of artwork delivery and installation;
  ④ selection of payment method on the WEB SITE; and
  ⑤ Purchasing requisition of artwork and other available services, consent to the GALLERY’s confirmation.
2. The USER shall be liable for the information entered during the purchase requisition process and any responsibilities and disadvantages incurred by the information.
3. In case the GALLERY entrusts the handling with personal information to 3rd party, the GALLERY shall obtain the consent of the USER when receiving an actual purchasing requisition. The GALLERY does not obtain comprehensive consent in advance of the USER and MEMBER when signing up for a membership. The GALLERY shall disclose the information on the WEB SITE including 1) detailed entrusted services and 2) Privacy Policy so that the USER can check the party who is entrusted handling with personal information complying with related legislations.

Article 10 (Conclusion of Purchasing Contract)
1. The GALLERY can reject the purchasing requisition, if it falls under the followings. In addition, the GALLERY shall inform that the minor or his/her legal representative can cancel the contract if the consent of the legal representative is not obtained when the GALLERY concludes a purchasing contract with minor.
  ① any false, omissions or errors in purchasing requisition is found;
  ② when it finds that purchasing requisition strikingly impedes the GALLERY’s technology; or
  ③ in case of violation or breaching of related legislation and government guidelines.
2. The purchasing contract is deemed to be concluded upon arrival of the GALLERY’s approval for purchasing requisition in the form of a receipt confirmation notice in Article 12.1.
3. The GALLERY’s approval for purchasing requisition shall include the confirmation on the request for purchasing, availability of sale and regulation of correction and cancellation of purchasing.

Article 11 (Payment Method)
1. The payment method for artwork or services is the following, and its operation regulation is determined by the GALLERY:
  ① internet banking and account transfer;
  ② card payment by credit, debit and etc.
  ③ payment by mileage, reserve and etc. provided by the GALLERY
2. In case of occurring for legal or technical problems in the payment of the USER, or unforeseen failures such as bank network break down, etc., the GALLERY can request the USER and MEMBER to change the payment method, or temporarily hold or reject the payment.
3. The USER shall be liable for the information entered during the payment process and any responsibilities and disadvantages incurred by the information. In case the payment is not made within 3 business days after completion of purchasing contract, the GALLERY can cancel the order accordingly.
4. The GALLERY can confirm if whether the USER has a legitimate right to use the payment method, and if required, may suspend of the payment and request the USER to submit for explanatory materials.

Article 12 (Receipt Confirmation Notice· Correction and Cancellation of Purchasing)
1. The GALLERY shall notify of receipt confirmation upon completion of purchasing requisition of the USER.
2. In case any discrepancies are found between USER’s purchasing intention and receipt confirmation notice, the USER can immediately request to change or cancel the purchasing requisition.
3. The GALLERY shall accept the USER’s request for change or cancel of purchasing requisition without delay unless the artwork or service delivery is not dispatched. However, if the payment has already completed, Article 15 in this Terms of Service shall be applied.

Article 13 (Shipping and Delivery)
1. The GALLERY shall take all the necessary actions such as custom-made, packaging, etc. so that the USER can receive artwork or service within 1 to 3 weeks from the date of completion of purchasing contract, unless there is no additional conditions of delivery period mutually agreed with the USER. However, in case the GALLERY is paid a total amount or part of the payment for artwork or service, the GALLERY shall take all the necessary actions within 3 business days from the date of receiving the payment. In addition, the GALLERY shall provide the appropriate notice of stock condition, shipment and delivery procedure and status, etc. of the artwork or service.
2. The GALLERY shall discuss on the delivery method, delivery cost by the method, and delivery period for each method with the USER. Nonetheless, general delivery period is stipulated in the Article 13.1, depending of the discussion with the USER, the delivery period may take 3 weeks or more. The shipping and delivery cost is borne by the USER separately. In case the GALLERY intentionally or negligently fails the appointed delivery period, the GALLERY indemnifies the USER for damage. However, if the GALLERY can prove that there is no intention or negligence in damage occurred, no indemnification for damage shall be made. Moreover, a total delivery period is not included force majeure situations such as public holidays, other non-working days or natural disasters.

Article 14 (Refund, Return and Replacement)
1. Despite the completed delivery of the artwork or service, the GALLERY shall immediately refund or return within the business days after receiving the returned artwork or service as per the USER’s request, if it falls under the followings. However, the USER can request refund or return the artwork or service within 7 days from the receiving the delivery.
  ① USER’s simple change in mind without any particular reasons; and
  ② any damages, defilements and taints of the artwork or service (non-refundable due to confirmation through a cross-check on the artwork or service’s condition between the GALLERY and USER before sale).

Article 15(Withdrawal Contract)
1. The USER who completes the purchasing contract of artwork or service can withdraw contract within 7 days from the receipt confirmation notice of purchasing requisition. In case the delivery of artwork or service is made later than appointed dated determined in the receipt confirmation, the USER can withdraw contract within 7 days of receiving the delivery. However, if the specific provision in regards to withdrawal contract is stipulated in ‘Act on the Consumer Protection in Electronic Commerce’, it shall be applied.
2. In case of withdrawal contract including refund, return and replacement caused by the USER’s simple change in mind without any particular reasons, the USER shall bear any fee and expenses incurred in handling the request.
3. After completion of delivery of artwork or service, the USER shall not request for refund, return and replacement, if it falls under the followings.

  ① loss or damage of artwork or service due to the USER’s fault;
  ② impaired value of artwork or service due to the USER’s use or partial consumption;
  ③ impaired value of artwork or service such an extent that resale is not available due to the passage of time;
  ④ in case of the artwork or service can be replicated on a par with the original one, if the packaging of the original one is damaged;
  ⑤ removed non-scratch file on the surface of the limited edition of artwork; or
  ⑥ the other cases stipulated by Presidential Decree for the safety of trade and commerce.4. In case the GALLERY does not perspicuously notify the Article 15.3.2 and 15.3.4, or does not provide detailed information of artwork or service, the USER can withdraw contract.5. Notwithstanding the Article 15.1 and 15.3, the USER can withdraw contract in case the condition of artwork or service has discrepancy with the noticed and advertised detailed, or the contract is not fulfilled in accordance with the stipulated terms and conditions, within 3 months from the date of completion of delivery or within 30 days from the date it was known or could have been known.

Article 16 (Follow-up Measures after Withdraw Contract)
1. The GALLERY shall refund the price paid of artwork or service within 3 business days after receiving the return of artwork or service from the USER.
2. In case the USER pays for artwork or service through means of payment such as credit card or electronic money, the GALLERY shall request operator who provided the payment method to suspend or cancel the payment without delay.
3. The USER shall bear any fee and expenses required for return of artwork or service incurred in withdrawal contract. The GALLERY shall not claim any cancellation charges or indemnification for damages from the USER due to withdrawal contract. However, the GALLERY shall be liable any fee and expenses required for return or replacement of artwork or service, in case the condition of artwork or service has discrepancy with the noticed and advertised detailed, or the contract is not fulfilled in accordance with the stipulated terms and conditions.
4. In case the USER pays the shipping cost of artwork or service, the GALLERY shall perspicuously indicate who will be liable for any fee and expenses required for return incurred in withdrawal contract.

Article 17 (Privacy Protection and Use Policy)
1. The GALLERY shall be severely restricted to collect sensitive personal information that may infringe on privacy of the USER such as ideology and belief, joining and withdrawing from trade unions and political parties, political stance, and health information when collecting USER’s information. The GALLERY can collect the minimum information of the USER required to fulfill the purchase contract, however, the following information shall be mandatorily collected while the others can be optionally collected. The GALLERY shall not collect the information of the USER for the fulfillment of the purchase contract in advance when the USER registers as the MEMBER. However, in case identification is required prior to a conclusion of purchase contract for complying with the obligations under the relevant legislation, the minimum specific personal information can be collected.
  ① name
  ② address
  ③ phone Number
  ④ e-mail address (MEMBER only)
  ⑤ password (MEMBER only)

2. When collecting the USER’s personal information that can identify a specific individual, the GALLERY shall notify the USER of the purpose and obtain consent.
3. The collected personal information shall not be used for purpose other than the notified purpose or provided to 3rd party without the consent of the USER. In case another purpose of use occurs or required to be provided to a 3rd party, the GALLERY shall notify the USER of the purpose and obtain consent at the stage of use and provision the personal information. However, exceptions are made in the following cases.
  ① in case of exceptional provision in the legislation or requiring to comply with the legal obligations;
  ② in case of providing personal information in the way of non-identification a specific individual for statistical preparation, academic research or market research;
  ③ in case of providing the minimum personal information (name, address, phone number) required to delivery to delivery company;
  ④ in case of personal information that is required to be used in order to fulfillment the contract for the provision of information and communication services, and it is deemed to be difficult to obtain ordinary consent due to economic and technical issues;
  ⑤ in case it is required to be collected for the settlement of the payment for the artwork or services;
  ⑥ in case it is required to verify the identity in order to prevent theft the artwork or services;
  ⑦ in case of providing personal information to company that is required to promptly respond to usage inquiries and handle with complaints from the USER; and
  ⑧ in case of providing the minimum personal information (name, phone number, product review, etc.)to affiliated company that is required to perform any cooperative works with the GALLERY.

4. Complying with Article 22 of Act on Promotion of Information and Communications Network Utilization and Information Protection, in case it is required to obtain consent of the USER in accordance with Article 17.2 and 17.3, the GALLERY shall indicate or notify beforehand the identity of the person in charge of personal information management (company, name and phone number, other contact information), the purpose of collection and use of personal information (recipient, purpose and detailed content of information to be provided), and the provision of information to 3rd party. The USER can withdraw its consent at any time.
5. The USER can request to peruse, correct, delete or suspend processing of its personal information at any time, and the GALLERY shall be liable for taking required measures without delay. In case the USER requests to suspend processing of its personal information, the GALLERY shall suspend processing of personal information entirely or partially as per the USER’s request.
6. In order to protect the USER’s personal information, the GALLERY shall assign limited number of persons who handle and manage the USER’s personal information.
7. The GALLERY shall discard the USER’s personal information without delay when the purpose of collection and use of personal information has been achieved.
8. Complying with Act on Promotion of Information and Communications Network Utilization and Information Protection, the GALLERY shall obtain consent of the USER when collecting, using and provision the USER’s personal information.
9. The MEMBER can withdraw its consent to the collection and use of personal information provided to the GALLERY at any time, and withdrawal of consent is deemed withdrawal from membership.

* For more specific details related to personal information, it shall follow the Privacy Policy.

Article 18 (Obligation of the GALLERY)
1. The GALLERY shall not act against the laws and this Terms of Service, or contrary to public order and morals. In addition, the GALLERY does its utmost to continuously and stably provide artwork and service in accordance with this Terms of Service.
2. The GALLERY shall have a security system in order to protect the USER’s personal information including credit information so that the USER can use the SERVICE safely, and officially announce and comply with the Privacy Policy.
3. In case the GALLERY displays or advertises artwork or service unfairly, the GALLERY shall indemnify the USER for damage occurred complying with Article 3 of Act on Fair Labeling and Advertising.
4. The GALLERY shall not dispatch any commercial-purposed e-mails to USER who clarifies its intention to refuse receiving.

Article 19 (Obligation for Membership Account)
1. Except in case of Article 17, the MEMBER shall be liable for managing the membership account and information (ID, Password) that can access the account.
2. All activities such as purchases and posting made through the membership account are deemed activities of the MEMBER who owns the account, thus, the MEMBER shall not rent or transfer its account to others.
3. In case the MEMBER perceives that it ID and password are stolen or used by others, the MEMBER shall immediately notify the GALLERY and comply with the instructions of the GALLERY.
4. The GALLERY shall not be liable for indemnification for any damages incurred to the MEMBER who breaches Article 19.1, 19.2 and 19.3.

Article 20 (Obligation of the USER)
The USER shall comply with the instruction required by the GALLERY such as related legislation, the provisions of this Terms of Service, and user guideline. The USER is prohibited the following in relation to the use of the SERVICE of the GALLERY.
1. providing false information when applying or changing a membership account, or stealing or illegally using the other MEMBER’s ID and password;
2. copying, distributing or commercially using information obtained by the SERVICE of the GALLERY without consent of the GALLERY beforehand;
3. defamation or disadvantage of others;
4. infringing on the rights such as the copyright of the GALERRY and a 3rd party;
5. registering or distributing computer viruses that cause malfunction of service-related facilities or destruction and confusion of information;
6. collecting, storing and disclosing the other MEMBER’s personal information;
7. interfering with the daily life of the GALERRY or the other MEMBER by continuously reaching the GALLERY or the other MEMBER with words, sounds, texts, images or videos that cause shame, aversion or fear;
8. infringing of intellectual property rights such as copyrights of the GALLERY and the other MEMBER;
9. defamation of the GALERRY and the other MEMBER or interfering with business; and
10. any other illegal or unfair acts.

Article 21 (Connecting WEB SITE and Linked WEB SITE)
1. In case the WEB SITE operated by the GALLERY connects to another web site through a hyperlink (including text, image, picture and moving video and etc.), the former WEB SITE is referred to as a ‘Connecting WEB SITE’ and the latter web site is referred to as the ‘Linked WEB SITE’.
2. The Connecting WEB SITE shall specify that the Connecting WEB SITE is not liable for guaranteeing the transaction of artwork and service independently provided the Linked WEB SITE on the initial screen of the Connecting WEB SITE or a pop-up at the instant of connection. In addition, the details of the transaction should be announced on the bulletin board of the SITE, and the Connecting WEB SITE is not liable for any issues arising from the transaction.

Article 22 (Copyright Ownership and Usage Restrictions)
1. All rights including intellectual property rights for the SERVICE provided by the GALLERY to the MEMBER are vested in the GALLERY.
2. All rights including copyrights for videos, photos, posting and hashtags made by the MEMBER in the process of using the SERVICE (hereinafter referred to as “POSTING”) are reserved to each member unless otherwise indicated.
3. The USER shall not use the information obtained by using the SERVICE for commercial purposes by copying, transmitting, publishing, distributing, broadcasting or other methods without the consent of the GALLERY beforehand, and the USER is prohibited from allowing a 3rd party to use.
4. The GALLERY shall notify the USER when using the copyright vested in the USER in accordance with the contract.
5. The POSTING may be exposed through internet WEB SITEs and mobile applications operated by the GALLERY, as well as in search results and related promotions. In addition, in order to expose the POSTING, it may be partially modified, edited and posted. However, the GALLERY shall comply with the provisions of the Copyright Act, and the MEMBER can request to delete or non-disclose of the POSTING at any time through the customer center or the management function of each SERVICE.
6. The MEMBER allows to GALLERY to use the POSTING published on the SERVICE for the following purposes in domestic and oversea.
  ① resizing or simplifying the POSTING without considerable change in order to reproduce, transmit, display and expose positive purchase review on the SERVICE page (including when the GALLERY is involved within a certain area of a WEB SITE or media operated by a 3rd party); and
  ② in order to promote and advertise the SERVICE of the GALLERY, all or part of the POSTING are published or aired on the media, telecommunication companies as well as publicity and sales channels that have cooperative relationship with the GALLERY, including the GALLERY.
7. The GALLERY may change or transfer the POSTING location due to the policy of the SERVICE or integration between services operated by the GALLERY. In which case, the GALLERY shall notify the USER beforehand.
8. in case the MEMBER or GALLERY revokes the use contract for the SERVICE, the POSTING made by the MEMBER may be deleted. However, the POSTING published in public service such as re-posting exposed by the other members or 3rd parties, and required to be used for the SERVICE use of other members may not be deleted.
9. in case the GALLERY intends to use the MEMBER’s POSTING in any other way than the provisions aforementioned, the MEMBER’s consent shall be obtained beforehand.

Article 23 (Management and Use of the POSTING)
1. The right to manage and use of the POSTING and its contents in the SERVICE are vested in the MEMBER or writer who publishes the POSTING and its contents. In case a management function such as deleting or modifying the contents, the MEMBER or writer can directly manage its POSTING through the management function. However, upon the MEMBER’s request or being deemed to require to smoothly operating of the SERVICE, the GALLERY may improve and support a management function of the POSTING.
2. In case the POSTING of the MEMBER is conceded to include any contents violated relevant laws and ordinances or infringe on the rights of a 3rd party such as invasion of privacy or defamation, the GALLERY may take a due action such as suspension or deletion of the POSTING in accordance with the relevant legislation or the request of the legitimate right holder.
3. Even though the MEMBER or a 3rd party does not report, the GALLERY can delete or change the POSTING published in the SERVICE (including transmission between members) without any notices beforehand, if it falls under the followings. Moreover, the GALLERY shall not be liable for indemnification for any damages or effect incurred to the MEMBER or a 3rd party.
① in case of the content that slanders the GALLERY, other members or 3rd parties or defames the reputation;
② in case of the content that violates public order and morals;
③ in case the content is deemed to be related to criminal acts;
④ in case of the content that infringes the right of others such as the copyright of the GALLERY or a 3rd party;
⑤ in case the content is not related to the SERVICE provided by the GALLERY;
⑥ in case of the content unnecessary or unauthorized commercial advertisements or promotional materials;
⑦ in case the content is created by stealing the other MEMBER’s ID or name, or forged or altered information without permission entered by another person included;
⑧ in case of violating the purpose of the POSTING such as multiple duplicated posting of the same content; or
⑨ in case it is deemed to be in violation of relevant legislation and the detailed usage guidelines for the SERVICE of the GALLERY.

4. In accordance with Act on Promotion of Information and Communications Network Utilization and Information Protection, the MEMBER or a 3rd party, whose rights have been infringed such as the POSTING of other members infringing on their privacy or defaming their honor, may request the GALLERY to delete the POSTING. In case the POSTING is not deemed to be infringing on the rights of others, or it is expected to arise any conflict between the parties, the GALLERY shall execute temporarily block access to the POSTING (hereinafter referred to as “TEMPORARY MEASURE”) during the period of temporary measure set by the GALLERY.
5. The MEMBER whose the POSTING is under TEMPORARY MEASURE can request the GALLERY to restore the POSTING (hereinafter referred to as “REPOSTING REQUEST”). In case the parties’ consents, on their behalf, the GALLERY can proceed with a request for deliberation by the Korea Communications Standards Commission to determine whether the POSTING that has been under TEMPORARY MEASURE is defamation, whereas, in case the parties do not consent, the GALLERY may decide on its own whether to restore the POSTING. In case a decision of the Korea Communications Standards Commission or the GALLERY within the TEMPORARY MEASURE period, the decision shall be followed. Whereas, in case any decision is not concluded within the TEMPORARY MEASURE period, the POSTING may be restored after the TEMPORARY MEASURE expiration date. In case REPOSTING REQUEST is not occurred, the POSTING may be deleted after the TEMPORARY MEASURE period.
6. In case the MEMBER or a 3rd party takes civil or criminal legal action against the other members or the GALLERY based of infringement of legal interests due to the MEMBER’s POSTING (including initiation of civil lawsuits such as criminal prosecution, application for injunction, claim for damages), the GALLERY may execute temporarily block access to the POSTING until there is a final judgment in the court as a result of the legal action. The responsibilities for clarification of legal actions related to access restriction on the POSTING and for the final judgment of the court shall be vested in the MEMBER who makes the POSTING or the others who requests the legal action on the POSTING.

Article 24 (Exemption from Liability)
1. The GALLERY shall not be held liable in case the SERVICE cannot be provided due to natural disasters, force majeure and other causes that is out of control range of the GALLERY.
2. The GALLERY shall not be held liable in case the SERVICE cannot be provided due to causes attributable to the USER.
3. The GALLERY shall not be liable for any damages caused by the USER’s failure to obtain the expected profit by using the SERVICE, or by using the data gathered through the SERVICE.
4. The USER shall be liable for the reliability and accuracy of the information, data, facts posted by the USER in the SERVICE, and the GALLERY shall not be liable for any damages caused to the USER or a 3rd party due to the inaccuracy and falsehood of the contents in the POSTING of the USER.
5. The GALLERY shall not be liable for any damages caused to the USER or a 3rd party due to the intention or negligence of the USER in relation to the use of the SERVICE.

Article 25 (Provision of Information and Publication of Advertisement)
1. The GALLERY can post various information on the SERVICE and provide it to the MEMBER by e-mail or letter.
2. The GALLERY can publish various advertisement on the SERVICE and provide it to the MEMBER by text message, e-mail and if any.
3. All communications and transactions by using the advertisement published on the SERVICE or participating in the advertiser’s promotional activities through the SERVICE are entirely the liability of the MEMGER and the advertiser. In case any conflict between the MEMBER and advertiser is occurred, the advertiser shall settle the conflict, whereas the GALLERY shall not hold any liability.

Article 26 (Settlement of Conflict)
1. The GALLERY shall operate a customer center to address legitimate opinions and complaints raised by the USER and indemnify the damages occurring to the USER.
2. The GALLERY shall handle opinions and complaints raised by the USER preferentially. However, in case prompt corresponding is not available, the cause and further schedule shall be immediately notified to the USER.
3. In case the USER applies for damage relief in relation to e-commerce conflict between the GALLERY and the USER, the both parties shall comply with the arbitration result of the Fair Trade Commission or arbitration agency commissioned by the Mayor or governor of the City.

Article 27 (Jurisdiction and Governing Law)
1. For litigation in relation to e-commerce conflicts between the GALLERY and the USER, the court in the jurisdiction of the GALLERY shall be the exclusive court.
2. For litigation in relation to e-commerce between the GALLERY and the USER, the Laws of the Republic of Korea shall be governing.

Additional Clause (Enforcement Date)
1. This Terms of Service shall be effective as of 11 May 2022.

(Required) Collection and use of personal information

"Metagallery LaLuna" (hereinafter referred to as the "Gallery") values the personal information of clients and remains in compliance with the Act on Promotion of Information and Communications Network Utilization and Information Protection. Under the privacy policy, the Gallery informs you of the purpose and method for the use of personal information clients provide, and what measures are being taken to protect the personal information. The Gallery will notify you through the website notice (or individual notice) if the privacy policy is revised.

This Privacy Policy shall be effective as of 11 May 2022.

The procedure of the Private Policy is as follows:

1. Personal Information Items to be Collected

The Gallery collects the following personal information for online inquiries:
- Information to be collected: ID, password, name, contact information, email, address, automatic registration prevention code, cookie
- Collection Method: Sign-up for membership and etc.
2. Purpose of Collection and Use of Personal Information

The Gallery collects personal information for the following list of purposes:
Performance of contracts for service provision and settlement of charges for service provision
Content provision, purchase and payment of charges, delivery of goods or billing, etc., authentication of financial transactions and financial services

Membership Management
Identity verification according to membership service use, personal identification, prevention of illegal use by defective members and prevention of unauthorized use, confirmation of intent to join, age verification, complaint handling, complaint handling, etc., delivery of notices

Use for marketing and advertising
Delivery of advertising information such as events, identification of access frequency, or statistics on member service use
3. Period of Storage and Use of Personal Information

In principle, the Gallery will destroy your personal information without delay after the purpose of personal information collection has been achieved. However, if it is necessary to preserve it in accordance with the provisions of the relevant laws, the Gallery keeps the member information for a certain period as stipulated by the relevant laws and regulations as follows.
- Information to be stored: Payment records
- Reason for Storage: to record contract or contract cancellation
- Storage Period: 3 years
- Records on contract or contract cancellation: 5 years (the Act on Consumer Protection in Electronic Commerce, Etc.)
- Records on payment and provision of goods: 5 years (the Act on Consumer Protection in Electronic Commerce, Etc.)
- Records relating to consumer complaints or dispute resolutions: 3 years (the Act on the Consumer Protection in Electronic Commerce, Etc.)
4. Procedures and Methods of Personal Information Destruction

In principle, the Gallery destroys all applicable information without delay after the purpose of personal information collection has been achieved.
The destruction procedures and methods are as follows
Destruction procedure
The information entered by the member for membership registration, etc. is transferred to a separate DB after the purpose is achieved (separate document box in the case of paper) and it is destroyed after being stored for a certain period of time according to internal policies and other relevant laws. (Refer to Period of Retention and Use of Personal information) Personal information transferred to a separate DB will not be used for any other purpose other than being stored, unless it is required by law.

Destruction method
Personal information stored in an electronic file format is to be deleted by a technological method by which no records can be recovered.
5. Provision of Personal Information

In principle, the Gallery does not provide any personal information to third parties, subject to the limited exceptions listed below.
- In case the user consents beforehand; or
- In case investigative agency requires, in accordance with the provisions of laws and regulations, or procedures and methods stipulated in the laws for the purpose of investigation.
6. Consignment of Collected Personal Information

The Gallery outsources the operation of the service in relation to the personal information to third party company as follows:
- Commissioned third party: Threeway Corp.
- Commissioned service: Server and system management
7. Rights of Users and Their Legal Representatives and Exercise of Rights

Users may have the following rights to exercise related to personal information protection against the Gallery at any time.
Customer Service Department: Customer support
-1. Request access to personal information
-2. Request for correction in case of errors, etc.
-3. Request for deletion
-4. Request to restrict processing
※ For children under the age of 14, the legal representative has the right to inquire or modify the child's personal information, and the right to withdraw consent to collection and use.
8. Matters Regarding Installation and Operation of Automatic Personal Information Collection Tools and Refusal Thereof

The Gallery operates "cookies" that frequently store and retrieve your information. A cookie is a very small text file that the server used to operate the Gallery's website sends to your browser and is stored on your computer's hard disk. The Gallery uses cookies for the following purposes:
▶ What are cookies?
A cookie is a very small text file that the server used to operate the website sends to the user's browser and is stored on the user's computer.

▶ Purpose of Using cookies
Cookies store the user's preferred settings, etc. to support a faster web environment for users, and use them to improve services for convenient use. This will allow users to use the service more easily

▶ What if I want to refuse to collect cookies?
Users have the option to install cookies. Therefore, the user can accept all cookies by setting options in the web browser, check each time a cookie is saved, or refuse to save all cookies. However, if you refuse to install cookies, web use becomes inconvenient and there may be difficulties in using some services that require login.

▶ Example of how to set up
1) For Internet Explorer: Tools menu at the top of your web browser > Internet Options > Privacy > Settings
2) For Chrome: Settings menu on the right side of the web browser > Advanced settings at the bottom of the screen > Setting button for personal information > Cookies
9. Chief Privacy Officer (CPO)

In order to protect customers' personal information and handle complaints related to personal information, the following departments and personnel in charge of personal data protection can be contacted:
Personal Information Protection Department: Customer support
Phone number: 010-8793-7380
Email: info@metagalleryluna.com

Personal Information Protection Officer Name: Kim Jung Eun
Phone number: 010-8793-7380
E-mail: info@metagalleryluna.com
10. Changes in Private Policy

This private policy is effective from the date of enforcement. In case of further additions, deletions or amendments in accordance with laws and policies, the Gallery will post notice for changes and its details at least 7 days prior to the amendment.
11. Measures to Protect Personal Information

<Metagallery Co., Ltd.> (hereinafter referred to as the ‘Gallery’) is taking the following technical/administrative and physical measures to ensure safety in accordance with Article 29 of the Personal Information Protection Act.
1) Conduct regular self-audits
To ensure the stability of personal information processing, we conduct regular (quarterly) self-audits.
2) Minimization and training of personnel handling personal information
We are implementing measures to manage personal information by designating employees who handle personal information and limiting them to the person in charge.
3) Establishment and implementation of internal management plan
We have established and implemented an internal management plan for safe processing of personal information.
4) Technical countermeasures against hacking
<Metagallery Co., Ltd.> (hereinafter referred to as the 'Gallery’) installs a security program to prevent leakage and damage of personal information caused by hacking or computer viruses, periodically updates and inspects, and installs a systems into areas where access is restricted from the outside, technically and physically.
5) Encryption of personal information
The user's personal information is stored and managed with an encrypted password, so only the user can know it, and important data uses separate security functions such as encrypting files and transferred data or using file lock function.
6) Storage of access records and prevention of forgery
The records of access to the personal information processing system are kept and managed for at least 6 months, and security functions are used to prevent forgery, theft, or loss of access records.
7) Restricting access to personal information
We take necessary measures to control access to personal information by granting, changing, and canceling access authority to the database system that processes personal information, and control unauthorized access from outside using the intrusion prevention system.
8) Use of locks for document security
Documents and auxiliary storage media containing personal information are stored in a safe place with a lock.
9) Access control for unauthorized persons
A separate physical storage location for personal information is established and access control procedures are organized and operated.
12. Right Infringement and Remedies

You may report any matters relating to personal information protection arising out of using the Gallery’s services to the privacy officer or the relevant department. The Gallery will seek to respond to the complaints brought by users without undue delay, and sufficiently.
The institutions below are separate from the Gallery, so please contact them if you are not satisfied with the Gallery’s own personal information complaint handling and remedy results, or if you need more detailed help.
1. Personal Information Infringement Report Center (http://privacy.kisa.or.kr/ 118 without area code)
2. E-Privacy i-Safe Committee (http://www.eprivacy.or.kr/02-580-0533~4)
3. Cyber Crime Investigation Division of the Supreme Prosecutors’ Office (http://www.spo.go.kr/02-3480-2000)
4. Cyber Terror Response Centre of the National Police Agency (http://www.ctrc.go.kr/02-392-0330)

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