Article 1 (Purpose)
The purpose of these terms and conditions is to define the rights, duties and responsibilities of the “Company” and its “members” when users (hereinafter “member”) use “services” provided on the “site” operated by Owner Market (hereinafter “Company”).
Article 2 (Definition of Terms) Definitions used in these terms and conditions are as follows.
1. “Site” refers to all types of virtual business sites for “product” transactions using information and communication equipment such as computers operated by the “Company” including the Owner Market PC website (https://ownermarket.net).
2. “Service” refers to all services in the Owner Market, such as create Non-Fungible Token (NFT) and NFT purchase handled on the Owner Market, and can be used by any Owner Market member.
3. “Blockchain” is a technology that stores data in electronic blocks and sequentially connects each block like a chain. It is a distributed data storage method that records transaction details in a ledger that can be viewed by anyone, and replicates and stores them on each computer participating in the blockchain network.
4. “Masker Key” is a unique combination of letters and numbers that is used or required for all operations of smart contracts such as transmission, transaction, and signature of digital assets held by the account address.
5. “Digital asset” refers to all data on the blockchain, including coins, tokens, and NFTs, as means of storing value and a medium of exchange in an electronic way through the service.
6. “NFT” refers to a ‘Non-Fungible Token’ with its own attribute value.
7. “Member” refers to an individual or a corporation who concludes a use contract with the Company in accordance with these terms and conditions and uses the services provided by the company.
8. “Account” is an account created to identify the person in the service, and refers to a service account granted to a member who agrees to these terms and conditions and enters into a use contract with the Company.
Article 3 (Posting and Revision of Terms and Conditions) 1. The Company shall post the contents of these terms and conditions on the service initial screen so that members can easily understand them.
2. The Company may revise these terms and conditions to the extent that it does not violate the relevant laws such as “Act on Regulation of Terms and Conditions”, “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter “Information and Communications Network Act”),” “Personal Information Protection Act,” “Act on Reporting and Use of Specific Financial Transaction Information, etc. (hereinafter “the “Special Financial Act”)”, etc.
3. When revising the terms and conditions, the company shall specify the date of application and the reason for the revision and announce them from 15 days before the effective date to the day before the effective date according to the method of paragraph 1 along with the current terms and conditions.
However, in the case of the revision of terms and conditions that are unfavorable to members, in addition to the notice, it shall be clearly notified through electronic means such as text messages, emails within the service for a certain period, and login pop-up windows.
4. Even though while announcing or notifying the revised terms and conditions in accordance with the preceding paragraph, the Company has clearly announced or notified that if the member does not express his/her intention within the 15 day period, the member is deemed to have expressed his/her intention, if the member does not explicitly express his/her intention to refuse, the member shall be deemed to have agreed to the revised terms and conditions.
5. If the member does not agree to the application of the revised terms and conditions, the Company may not apply the revised terms and conditions. In this case, the member may terminate the use contract.
However, in the event of special circumstances where the existing terms and conditions may not be applied, the Company may terminate the use contract.
Article 5 (Conclusion of Use Contract) 1. A use contract is concluded when the person who wants to become a member (hereafter “applicant for membership”) agrees to the terms and conditions, then applies for membership and the Company approves the application.
2. In principle, the Company shall approve the use of the service in response to the application of the applicant for membership.
However, the Company may not approve the following applications or terminate the use contract even after approval.
① If the applicant for membership has previously lost his/her membership qualifications under these terms and conditions, except when he/she has obtained approval from the Company for re-registration as a member
② If entering false information or using someone else's name
③ If approval is not possible due to reasons attributable to the member or user, or if the application is made in violation of all other stipulated matters
④ If the act of using this service constitutes or is at risk of constituting a violation of the applicable law in accordance with laws other than the Republic of Korea that are in effect at the member's residence
⑤ If it is determined that the service is intended to be used for anti-social or illegal purposes
⑥ If the applicant for membership applies for membership with the same ID within thirty (30) days after the application for withdrawal from the existing service
⑦ If not submitting required data and information or submitting false information
⑧ If it is judged inappropriate to join a partner company for other reasons
3. In the application pursuant to Paragraph 1, the Company may request corporate verification and identity verification through the Company own or a specialized agency.
4. The Company may withhold approval if there is no room for service-related facilities or there is a technical or business problem.
5. In the event that the application for membership is not approved or withheld in accordance with paragraphs 2 and 4, the Company shall, in principle, notify the applicant for membership.
6. The time of establishment of the use contract is the time when the applicant for membership agrees to the terms and conditions, applies for membership, and the Company reviews and approves it.
Article 6 (Qualification for Use) 1. If a “member” is 13 to 18 years old, his/her use of services is not a violation as long as it is confirmed that his/her parent or legal representative can access to the service.
2. If a “member” aged 13-18 uses the service without obtaining the consent of his/her parent or legal representative, the Company may take measures such as canceling his/her membership, restricted or undisclosed the NFT created by the person aged 13-18.
Article 7 (Change of Member Information) 1. When signing a use contract in accordance with Article 5, a member may view the information he/she has entered through the My Profile screen at any time, and may request information change.
2. Changes in member information shall be in accordance with the Company's operating policy.
Article 9 (Obligations to Manage 'Accounts' of 'Members') 1. The method of membership registration shall be in accordance with the Company's operating policy.
2. The member is responsible for managing his/her account and the SGM wallet password and master key linked to the account, which should not be allowed to be used by a third party.
3. The Company is not responsible for any damage to the member due to the loss, theft, or disclosure of access information such as the member's Owner Market account and SGM wallet password. However, this does not apply to the case of intention or negligence of the Company.
Article 10 (Notice to 'Members') 1. When notifying members of service-related information in operating the service, the Company shall notify members individually in a reasonably manner, such as sending an email to the member's email address held by the Company, mobile phone SMS, or pop-up within the service.
2. In the case of notice to all members, the Company may replace the notice in Paragraph 1 by posting the notice in the service for more than 7 days.
Article 11 (Obligations of 'Company') 1. The Company shall not engage in acts prohibited by relevant laws and these terms and conditions or contrary to common sense, and strive to provide continuous and stable services.
3. The Company shall have the necessary manpower and system to properly take care of members’ complaints or request for damage relief arising in relation to the use of the services.
4. If recognizing that the opinions or complaints raised by members in relation to the use of the services are reasonable, the Company shall take care of them. Regarding opinions or complaints raised by members, the Company shall deliver the processing process and results to members through email, etc.
Article 12 (Obligations of 'Members') 1. Members shall not engage in the following acts.
① Registration of false information when applying or changing
② Stealing others’ information
③ Change of information posted by the Company
④ Transmission or posting of information (computer programs, etc.) other than that specified by the Company
⑤ Infringement of intellectual property rights such as copyrights of the Company and other third parties
⑥ Damaging the reputation of the Company or other third parties or interfering with business
⑦ Disclosure or posting of obscene or violent messages, video, audio, or information that violates social order on the service
⑧ Using the service for profit without the consent of the Company
⑨ Creating or exchanging NFTs in an unusual manner
⑩ Exchanging transactions, etc. for speculation other than the normal use of services
⑪ Using NFTs to help motivate and conduct illegal activities
⑫ Illegal acts such as multi-level marketing, similar deposit-taking
⑬ Other illegal or unfair acts
2. Members shall comply with the relevant laws, the provisions of these Terms and Conditions, operating policy, user’s guide and notices in relation to the service, and matters notified by the Company, and shall not engage in any other acts that interfere with the business of the Company.
3. When using the service, members shall not transfer the authority to a third party or receive any consideration for the use of the service (all tangible and intangible considerations such as money and information).
4. Without prior consent of the Company, members shall not copy, store, process, distribute, or provide the result data of the service (including all data such as member information and service contents) to a third party beyond the scope permitted by these Terms and Conditions
Article 13 (Provision of 'Service', etc.) 1. The Company provides the following services to its members.
2. Create/transfer/modification of NFTs
3. All services provided by the Company to members through additional development or partnership agreements with other companies
4. The types of services and the detailed scope of the contents according to the preceding paragraph shall be as determined by the website (https://ownermarket.net).
5. In providing the service, the Company may designate the scope of the service, available time, and number of times available, and members may use the service only in accordance with the service provision conditions set by the company.
6. In the event of maintenance, replacement and breakdown of information and communication equipment such as computers, communication interruption, or significant operational reasons, the Company may temporarily suspend the provision of services. In this case, the Company shall notify its members in the manner stipulated in Article 10 [Notice to “Members”]. However, if there is an unavoidable reason that the Company may not notify in advance, notice may be given afterwards.
7. If necessary for services, the Company may conduct regular inspections, and regular inspection time shall be posted on the service screen. In addition, the use of some or all services may be restricted during regular inspection, and the Company is not responsible for any damage caused by it unless it is the intention or negligence of the Company.
8. A member may create NFTs based on information entered or registered through the service. The member is responsible for the accuracy of the information entered and registered, and the Company is not responsible for any problems caused by the information entered or registered incorrectly by the member.
9. The Company provides technology so that members can easily create and manage NFTs. In principle, members shall directly create and manage NFTs, and the Company shall not operate on behalf of or entrust the creating and management of NFTs by members.
10. The Company shall not be held responsible for any problems in which some functions within the service are restricted due to failure or inspection of third-party services related to the service, unless there is intention or negligence of the Company. In this case, the Company shall announce or notify its members of the fact.
Article 14 (Changes and Suspension of 'Service', etc.) In the following cases or when there is a reasonable reason to suspect that such facts exist, the Company may change all or part of the services it provides according to operational and technical needs.
① In the event of an illegal act through the service
② In the event of reasons such as maintenance and inspection of information and communication equipment such as computers, replacement or breakdown of equipment, or interruption of communication
③ In case of unavoidable circumstances due to maintenance of facilities for service, etc.
④ In case of disruption to the normal use of service due to power outage, equipment failure, or excessive usage
⑤ In the event of network failure across the country or region
⑥ In the event of a member's conduct that goes against the Company's operating policy
⑦ In the event of unavoidable circumstances that the service cannot be provided due to business reasons, etc.
⑧ In the event of force majeure such as other natural disasters, national emergencies, regulations or restrictions under each country's laws/policy
2. If there is a change in the contents, usage method, and usage time of the service, the reason for the change, the contents of the service to be changed and the date of provision, etc. shall be posted on the initial screen of the service before the change, or Article 10 [Notice to “Members”]. However, this is not the case if it is impossible to announce or notify the member due to reasons beyond the Company's control or emergency.
3. The Company may modify, suspend, or change some or all of the services provided for the needs of the Company's policies and operations. If the member does not agree to change the service, he/she may express his/her intention to refuse to the Company and terminate the use contract.
4. The Company is not responsible for any problems arising from the change or suspension of this service unless there is intention or negligence of the company.
Article 15 (Copyright of 'Service', etc.) 1. The copyright of the services and related programs provided by the Company belongs to the Company.
2. When using the service, members shall not infringe the copyright of the Company or a third party.
3. Despite the Company's approval for the use of services, the member does not acquire the copyright or right to use the service result.
Article 16 (Cancellation and Termination, etc. of the Contract) 1. A member may cancel the use contract at any time by notifying the Company of his/her intention to cancel according to the operating policy set by the Company, and the use contract will be terminated when the member's intention to cancel reaches the company.
2. The Company may terminate the use contract for the following reasons. In this case, the Company shall notify its members of the intention to cancel by email, mobile phone, or other means. In this case, the Company shall give the member an opportunity to state his/ her opinion on the reason for termination in advance, and the use contract will be terminated when the Company's intention to cancel reaches the member.
① When it is confirmed that the member has a reason for refusal to accept the application for use as stipulated in Article 6 (2)
② In case the member violates these terms and conditions and operating policy
③ In case of violating related laws, such as providing illegal programs and interfering with service operation, illegal communication and hacking, distribution of malicious programs, exceeding access rights, etc.
④ In the case of interfering with the smooth progress of the service provided by the Company or attempting such an act
⑤ Other cases where the Company recognizes that it is necessary to refuse to provide services based on its reasonable judgment
3. Upon termination of the use contract pursuant to this Article, all information such as NFT templates, NFT management and settings created by the member through the use of services will be destroyed, and the Company will not compensate for this.
5. The Company may modify, suspend, or change some or all of the services provided free of charge for the needs of the Company's policies and operations, and does not provide separate compensation unless there is a special provision in the relevant laws.< br> 6. If the member does not agree to change of the service, he/she may express his/her refusal to the Company and terminate the use contract.
7. The Company is not responsible for any problems arising from the change or suspension of this service unless there is intention or negligence of the Company.
Article 17 (Restrictions on Create and Use of 'NFT', etc.) 1. Detailed regulations such as the number, method, and standard of NFT that can be created in the service are governed by the operating policy.
2. Members do not have the right to change or restrict information about NFTs already created.
3. Members may not use the service normally in an environment where the SGM wallet is not created. The Company is not responsible for any problems caused by the member transmitting NFT to a network which is not the Owner Market Network, unless there is intention or negligence of the company.
4. Members may create and manage NFT templates according to the standards set by the Company through the service. However, if the following information is included, some or all of the NFTs may be restricted or undisclosed without prior notice.
① Profanity, vulgar language, slang, etc., or contents that may cause sexual shame, displeasure, or hatred to others
② Contents that discriminate against or promote prejudice against region, disability, race, country of origin, gender, age, occupation, religion, etc.
③ Contents related to illegal speculation and gambling
④ Contents that promote or suggest illegal products or items prohibited for sale on the Internet
⑤ Contents that infringe others' intellectual property rights (patent rights, trademark rights, copyrights, etc.) or contents that steal others’ trademarks, trade names, etc. widely known at home and abroad
⑥ Contents that infringe on the portrait rights of others
⑦ Contents that are interpreted as an investment product or have nature of securities, including elements of investment product characteristics
⑧ Contents that help to motivate and execute criminal acts
⑨ Contents that impersonate the name of a specific person or service
⑩ Other abnormal contents such as contrary to common sense and social beliefs based on reasonable judgment by the Company
5. Members may create NFTs to individuals or many people through the service. However, if the act of sending the same NFT to the same person in bulk or from time to time is not within the permitted range or if it is not agreed upon in advance, the creating of the NFT may be restricted or part or all of the service may be restricted.
6. If there is a restriction on the use of the service according to each of the following, the member's existing information such as NFT template information and other setting information will be restricted or undisclosed.
① Any case falling under Paragraph 4 requiring restricted or undisclosed
② If the service use contract is restricted or terminated in accordance with Articles 14, 16, and 17
③ In the event of restrictions on the use of the services due to unfair methods or similar acts
7. The member has the obligation to guarantee and perform the contents and purpose of the NFTs created through the service, and the Company does not have any guarantees or responsibility for the NFTs created by the member.
8. Notwithstanding the preceding paragraph, the member is solely responsible for any problems arising from information leakage, defamation, or other violations that may occur due to the member's negligence or whim or failure to fulfill his/her obligations. However, this does not apply to the intention or negligence of the Company.
Article 18 (Restriction on Use, etc.) 1. In case of any of the following, the Company may restrict the use of the service in stages by warning, suspension, permanent suspension of use, termination of use contract, etc.
① In case of Article 17 (4)
② In the event of hacking and fraud
③ If an illegal use of other’s name is suspected
④ If a government agency requests service restriction in accordance with relevant laws
⑤ In case of being involved in, or reasonably suspected of being involved in money laundering, unfair trade, criminal activity, etc.
⑥ If the member violates the obligations of the terms and conditions or interferes with the normal operation of the service
⑦ If a cause corresponding to each subparagraph occurs or measures to prevent the occurrence of such cause are necessary
2. In the event of the restriction on the use of the service according to the preceding paragraph, the restrictions on the use of all NFTs you owned, including the contents of Article 13 [Provision of “Service”] paragraph 1, may be applied.
3. Notwithstanding the preceding paragraph, in cases where the Company recognizes that it is necessary to urgently suspend the use, including cases in violation of related laws such as provision and operation of illegal programs in violation of the 'Copyright Act' and the 'Computer Program Protection Act', illegal communication and hacking in violation of the 'Information and Communications Network Act', distribution of malicious programs, and acts of exceeding access rights, the Company may immediately restrict or permanently suspend the use.
4. In the event of the restriction on use or permanent suspension of use, the restriction on the member's use may be canceled only when the conditions for cancellation set by the Company are met.
5. The Company shall follow the common sense and customs of general online services for the conditions and details of the restriction within the scope of use restrictions in this Article.
6. If restricting the use of the service or terminating the contract according to this Article, the Company shall notify in accordance with Article 10 [Notice to 'Members'].
7. Members may file an objection to the restriction on use under this Article according to the procedures set by the Company.
In this case, if the Company recognizes that the objection is reasonable, the Company shall immediately resume use of the service.
Article 19 (Restriction on Liability 1. In the event of damage to the member due to the following reasons, the Company is not responsible for the damage unless it is the intention or negligence of the Company.
① If the service cannot be provided due to a natural disaster or an equivalent national emergency
② If the use of the service becomes impossible due to the observance of administrative dispositions and orders, etc. under de facto or laws of a government agency
③ In the event of service failure due to a failure of the blockchain platform SGM wallet or a cause attributable to the customer
④ In the event of server failure due to instantaneous increase in service access, etc.
⑤ If the information, data, and facts posted by the member in relation to the service are found to be falsified, false, etc.
⑥ If there are no special provisions in the relevant laws regarding the use of services provided for free
⑦ If transactions are made between members or between a member and a third party through service
⑧ In the event of damage due to contract termination (membership withdrawal), deposit of tokens or NFTs in non-member account address or wrong account address
⑨ In the event of a problem arising outside the scope of the agreement or contract between the company and the member for services, such as create NFTs, in advance
⑩ In the event of damage due to restrictions on use and suspension of use according to these terms and conditions
2. The Company is not responsible for the member's failure to obtain or loss of the expected profit using the service.
3. To the extent permitted by law, the Company does not directly or indirectly promise or guarantee any matters not specified in these terms and conditions related to the service. Also, the Company does not guarantee the value of digital assets such as NFTs created through the service.
4. If the NFT created by the member using the service infringes the rights of a third party, the Company is not responsible for the damages unless it is the intention or negligence of the Company.
Article 20 (Compensation for Damages) 1. In the event of damage to a member due to a cause attributable to the Company, the scope of the Company’s compensation for damages shall include ordinary damages stipulated in the Civil Act, and the Company is responsible for compensating for damages caused by special circumstances only when the Company knew or could have known the circumstances.
2. Notwithstanding Paragraph 1, the member may bear all or part of the responsibilities in any of the following.
① If the member does not immediately notify the Company even if he/she knew the cause of the damage or the fact that the damage occurred
② If the member intentionally or negligently leaks account and transaction information to a third party or causes him/her to use the service arbitrarily
③ In the event of other damages caused by intention or negligence of the member
3. The Company is not responsible for compensation for damages caused to members due to reasons not attributable to the Company.
4. If the information provided by the member to the company is different from the fact, the Company may stop providing the service at any time and terminate the contract in whole or in part according to these terms and conditions. If this causes damage to the Company, the Company may claim compensation for the damage to the member.
5. If a member intentionally or negligently causes damage to the Company through acts that violate the laws, these terms and conditions, social order, etc., such as interfering with the company's service or related system operation, he/she shall indemnify the Company for all damages.
Article 21 (Governing Law and Jurisdiction) 1. Lawsuits filed between the Company and members are governed by the laws of the Republic of Korea.
2. Lawsuits related to disputes between the Company and members shall be based on the address of the member at the time of filing, and if there is no address, the district court having jurisdiction over the place of residence shall be exclusive jurisdiction. However, if the address or residence of the member is not clear at the time of filing, the competent court shall be determined according to the Civil Procedure Act.
3. Notwithstanding the preceding paragraph, in the case of a member who has an address or residence abroad, the Korean court shall be the competent court for lawsuits regarding disputes between the Company and the member.
Supplementary provisions These Terms and Conditions will be effective from 01 October 2022.