Terms of Service
Effective as of 31st March, 2014
Article 1. Purpose
This Terms of Service is made to set forth regulations and responsibilities between Vennad Loginovid OÜ (“Company”) and Content Provider (“CP”) in terms of the registration and using the Company website operated by Company (www.handmadefont.com, ”Company Site”).
Article 2. Definition
①“Contents” means digital contents, photography, composite contents, font, PowerPoint template, web/mobile template, illustration, video, music, SFX (Sound Effects), AE (After Effects) provided by CP for the sale and marketing on Company’s site.
② “CP” means a person or entity who use Company site as a contents owner and copyright owner.
③“Company” means the entity who can sell, market Contents provided by CP on the site of Vennad Loginovid OÜ (handmadefont.com) operated by Company.
④“Company Site” means a website that provides a service that allows CP to sign a content supply agreement with Company to sell their owned contents on Sites and check details of the sales and royalty related information through the registration of the website.
Article 3. Effect and Amendment of the terms of service
① This Terms of Service shall be effective upon the notice on Company Site and may be amended to the extent that they do not violate relative laws in the reasonable case. The amended term will be effective upon the online notice on Company Site.
② If Company amends Terms of Service, Company shall notify an effective date and the reason of amendment along with the current Terms of Service on Company Site 7 days prior to the effective date (If the amendment contains disadvantageous or important changes, it shall be notified 30 days prior to the effective date)
③ CP shall use Company Site by agreeing to the amendment of Terms of Service. If not agreeing to the amendment, CP may terminate the contract by membership withdrawal of Company Site.
④ Articles not specified in this Terms of Service and the interpretation of this Terms of Service shall be governed by the laws of the Republic of Korea or business practices.
Article 4. Conclusion of Terms of Service
① This Terms of Service is established by applying for Company Site while CP agrees to the Terms of Service and Company accepted the use of Company Site. CP shall express their intention to agree to these terms and conditions by checking “I have read and accepted the terms and conditions” in the menu of the agreement during the membership registration process on the Company Site.
② CP shall submit documentations requested by Company at their earliest convenience, Company may suspend or refuse the approval of the membership registration until the acceptance of the required documentations.
③ CP who wishes to register as a member is required to write the minimum of personal information (name, contact, email address, etc.) accurately for the use of Company Site, and Company may reject the approval of the registration in the cases of following. Even if the approval is completed, the registration may be canceled if following cases are found.
-
- If provided name is not a real name or CP used other’s information (identification No., passport No., Business No., etc.)
- If provided information is found to be false, untrue or CP failed to provide required information.
- If approval of the registration is in difficulty due to the technical issue, the content quality.
- If approval is not possible due to the fault of the person applying for registration or CP fails to submit required documents or documents requested by Company.
Article 5. Acceptance of The use of Content of CP
① CP accepts Company to sell Contents on Subscription Site operated by Company as a non-exclusive distributor until the termination of this Terms of Service. During the term of this Terms of Service, CP grants Company to license Contents for the use of Contents in perpetuity to its users even if this Terms of Service is terminated. If CP didn’t accept such license regulation, CP could expresses an objection in written (including e-mail) at the time of signing this Terms of Service.
② The copyright of Contents shall belong to CP and is not transferred or transferred to the third-party under any circumstances.
③ CP authorizes Company to add, delete and modify the information of Contents for the sale and management of Contents. In addition, CP may permit Company to advertise, promote and display Contents in a variety of ways, including websites, print and online galleries, e-mails, press releases, trade shows, etc. and use for promotional products.
④ CP authorizes Company to use CP’s name, ID, logo, trade name, trademark, service mark, etc. at no additional cost for the promotion and sale of Contents. Company may use the information in print and other online and offline media.
⑤ CP agrees not to raise an issue for any use of Contents purchased or subscribed by users of Company’s Subscription Site during the period of the use of Company Site regardless of the termination of this Terms of Service. However, this is not applied if CP didn’t accept Company’s license regulation indicated in ① of this Article 5.
Article 6. Royalty and Payment
① Company shall pay CP Royalty of 50%.
② Company pays Royalty to CP once a month on the payment through online payment service such as PayPal, Payoneer or wire transfer.
③ CP can view payment details related to the sale of Contents on the Company site “My account”.
④ CP shall keep all confidentiality in regard to the content sales and the payment details such as calculation method, revenue, etc. and do not disclose to third parties about them except lawyers, accountants, auditors and advisors.
⑤ CP shall provide Company with the necessary and minimum documents for the royalty payment. If not provided, Company may withhold the payment.
⑥ CP may waive the receipt of Royalties at their own discretion through the Company Site.
Article 7. Guarantee and duty of CP
① CP shall provide contents in high resolution with related information steadily while CP uses Company site.
② If CP provides the contents using Model, CP shall submit the documents including model’s face and body such as model information or model releases and be responsible for the accuracy and effectiveness of the documents. If the document is counterfeited or inaccurate, the account of CP may be deleted.
③ CP guarantees that contents provided to Company does not infringe any rights of the third Party including but not limited to copyright.
④ CP guarantees that CP is the solely exclusive owner of contents and reserves any legal rights and responsibility about the contribution agreement with the Company and guarantee that provided contents would not infringe any terms of this agreement.
⑤ CP guarantees that provided contents does not contain any viruses, destructive or malicious software, computer code, file, program or equipment disturbing or destroying the regular operation of computer software, hardware, electronical communication equipment, files and Company site.
⑥ CP shall submit keyword information of contents (including the building, local information and explanation about the contents) and guarantee the effectiveness and accuracy of it.
⑦ CP shall be solely responsible for the claims, losses, damages, liability, costs and expenses (including attorney fee) and the Company shall be exempted from liability.
Article 8. The Right and Duty of Company
① The Company shall provide CP account CP to check the sales status and manage the contents.
② The Company reserves the right to approve, reject or delete the contents. The contents infringing the terms may be deleted immediately.
③ The Company reserves the right to cancel the license or change to alternative contents.
④ The Company accept all copyright including trademark, logo and designs is attributed to CP and the Company shall not reserves any rights regarding to copyright of contents and request any of it, provided that the Company may indicate its approved distributor of contents and cease to use of CP’s trademark and licensing the contents once the contract is terminated in accordance with the term.
⑤ The Company shall notice that CP’s contents may not be used in unlawful, obscene, pornographic, offensive or defamatory manner in accordance with terms of service.
⑥ The Company shall not resell or sublicense the contents online or offline EXCEPT FOR authorized use set forth herein.
⑦ The Company shall endeavor to protect contents through commercially proper legal procedure. However the Company may not be liable for the duty of processing legal measures to infringement cases.
⑧ The Company shall be liable for all claims, loss, legal responsibility and costs (including attorney fees) occurred by breach of Company’s duty and guarantee. However the Company shall not be responsible for additional and special loss from the third Party’s sue.
Article 9. Notice and provision of information
① The Company may provide the necessary information for using Company site such as calculation method or use of other service via e-mail address, post, mobile phone number or noticing on bulletin board of Company site to Users in accordance with Article 6-①.
② CP shall update the contact information that actually can receive the notice from the Company and check the notice.
③ CP may not be protected from the disadvantaged occurred by non-performance of duty indicated as above.
Article 10. Termination
① If CP intends to terminate the Terms of service, the account withdrawal shall be requested via Company site. However, in case of Royalty payment is required in accordance with Article 6 or in case of breach of duty in accordance with Article 7, the withdrawal of account may be delayed until the entire procedure is completed.
② The Company may terminate the Terms of service in any of the following cases:
-
- When it is not corrected within 7 days from Company’s request to correct or breach the operation regulation.
- Breach of terms of service due to transaction suspension of banking institution such as provisional attachment, enforcement of rehabilitation and bankruptcy, administrative measures such as business suspension, conservative measure for essential asset or transfer and merger of business
- When the violation of applicable law or any reason occurred by CP damages the Company’s reputation or occur any physical or non-physical loss.
- When the reason of rejection on Article 4-3 is confirmed.
- When the Company confirms the necessity to terminate the terms of service because CP does not have willingness or capacity to perform the purpose of contract such as negligent contribution, poor sales performance or because of any other rational reasons.
③ When Company intends to terminate the terms of service in accordance with above clause, e-mail or written notice shall be sent for the termination.④ If either party send a termination notice for the Terms of Service to the other party, the termination will be effective immediately on the date of notice. Company shall remove CP’s contents from Company’s Site within 30 days from the termination date and all money owed to CP upon termination shall become due within 90days.
⑤ The effect of termination under this Article does not affect to the claim for the indemnification for damage caused by the relationship of rights that already occurred or attributable reasons occurred by either party.
Article 11. Prohibition of right transfer
- CP shall not transfer or provide the right and duty of this contract as purpose of security to the third Party without the Company’s written permission.
Article 12. Confidentiality
① CP shall not disclose or use the information to use Company site without any written permission.
② The duty of above clause shall be remaining after the termination.
Article 13. Indemnities
- CP and the Company shall be indemnified from the liability to counter Party if it is suffered from Force Majeure such as acts of God, and war, provided that, both Party shall notice and shall perform its duty without delay the Force Majeure circumstances is terminated.
Article 14. Dispute Resolution and Competent Court
① If there is separate contract between CP and the Company, conflicted clause shall follow the terms set forth in this Agreement EXCEPT FOR separate terms.
② If both Party does not settle or negotiate the objection to the meaning or any cases that are not set forth herein, it shall be interpreted according to an act of Republic of Estonia and commercial practice. If the deputy is occurred, the Competent Court shall be the court of the Company’s location.
Article 1. Effective Date
This Terms of Service is effective as of 31st Mar 2014.