Labit is an online information society service, hereafter referred to as"the Service"(including this Web site and all its applications), provided by Labit Company(see Contacts for detailed information), hereafter referred to as"the Provider".
These Terms and Conditions are an agreement that is legally binding between the Provider and any natural or legal person who, as a recipient of the service, uses the Service for any purpose, hereafter referred to as"the User".
These General Terms and Conditions can be subject to additions by special terms and conditions. These are:
Individual terms and conditions and individual amendments to all terms and conditions are only binding if concluded in written form. Also, waiving this formal requirement can only be concluded in written form.
Article 2: Disclaimer
The Service is provided"as is" and the Provider disclaims any and all representations and warranties, whether express or implied, including;- but not limited to;- implied warranties of title, merchantability, fitness for any particular purpose or non-infringement. The Provider does not promise any specific results, effects or outcome from the use of the Service.
The Provider does not represent or warrant that the Service and the data and information provided are accurate, up-to-date, complete or reliable. The provider is not responsible or liable for any damage, disadvantage or disprofit, whether material or immaterial, that is caused by the usage or non-usage of the Service. This does not apply to damages, disadvantages and disprofits that are caused by the Provider intentionally, recklessly or negligently.
The Provider reserves the right to change, reduce, interrupt or discontinue the Service or parts of it at any time.
No one has a right to use the Service; the Provider reserves the right to exclude certain Users.
Article 3: Storage of information
The Service consists largely of information stored on the request of Users.
The Provider neither previews nor automatically reviews such information. Therefore, the Provider cannot have current knowledge of; possible infringements caused by information that is stored on the request of Users. The Provider is not liable for such information.
The Provider will, upon obtaining knowledge about or awareness of such infringement, act expeditiously to remove or disable access to such information.
Users may only request storage of such information that they may legally store and publish. Users must not request to store any information that infringes any third party's copyright, trademarks, other intellectual property rights or any other rights.
Users indemnify the Provider from any claims raised by third parties in reference to any information that is stored on request of the respective User. The indemnification covers all adequate expenditures, including court and lawyer fees.
Article 4: Notice and take down
If a user feels that any information provided within the Service infringes his/her or any third party's rights, he or she shall notify the Provider before taking any legal action.
Upon such notification, the Provider will expeditiously check the objectionable information and will, where necessary, remove or disable access to this information("notice and take down" process).
The Provider will respond to any such notification within five business days.
Users shall not take any legal action before the Provider has dismissed the notification or five business days have elapsed without response.
The Provider disclaims liability for expenditures, including court and lawyer fees, if legal action is taken earlier, unless the Provider has caused the infringement intentionally, recklessly or negligently.
Article 5: Misuse of the Service
Users must not misuse the Service. Misuse of the Service includes, without limitation:
insults to other Users;
automated or massive manual retrieval of other Users' profile data("data harvesting");
advertising for commercial products or services of all kinds;
unsolicited job offers and business proposals;
all kinds of technical attacks on the servers.
All aforementioned behaviors in this article are strictly forbidden, unless the User has obtained prior written permission by the Provider.
Article 6: Usage of information
All information provided within the Service by the Provider and by other Users may only be accessed manually by a natural person using ordinary Internet devices.
Users must not publish, share, sell or make available information that is provided within the Service by the Provider or by other Users to/with any third party.
Users must not store or process any other User's personal data for any other purpose than the natural purpose of such data being published within the Service by the respective User.
Article 7: Copyright and other Intellectual Property Rights
The software running the Service, the site design, the logos and other graphics, articles and other texts as well as the database are protected by copyright and property of the Provider.
Article 8: Trademarks and Service Marks
Marks for Goods and Services can possibly be used without any identification, such as the ® or TM symbols. This does not mean that such marks were not registered trademarks or service marks or such marks were not protected by any applicable law. Such trademarks and service marks are property of their respective owners and must not be used by Users in any infringing manner.
Article 9: Applicable Law
These Terms and Conditions, including its additions are an agreement solely under the law of Republic of Korea, insofar as it is directly applicable within Korea. The Provider and the User waive all other law, including the law at the place of residence or usage of the User and any international trade law.
Article 10: Special Terms for Business Users
This article applies for Users that use the Service for business purposes.
Place of jurisdiction for all issues that arise from the usage of the Service, including this Terms and Conditions and all its additions.
Article 11: Salvatorius Clause
If any provision or provisions of this Terms and Conditions and its additions shall be held to be or become invalid, illegal, unenforceable or in conflict with the law of any applicable jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.