Chapter 1, General Provisions
Article 1 (Purposes)
Article 2 (Definitions)
(1) Definitions of the terms used in this agreement are as follows.
- ① The 'user' means any member or non-member who accesses the website and uses the services provided by the Organizing Committee in accordance with the agreement.
- ② The 'member' means a user who agrees to this agreement and uses the services.
- ④ The 'ID' means the unique combination of letters and numbers set by the member and approved by the Organizing Committee for identification of the member and use of the services.
- ⑤ The 'password' means the combination of letters (including special characters) and numbers set by the member and registered on the website to verify user identity and protect confidentiality.
- ⑥ The 'termination of membership' means that the member terminates the contract of use by withdrawing membership to stop using the services.
- ⑦ Terms that are not included in this paragraph shall be defined in separate agreements or regulations for individual service.
Article 3 (Notification, effect and change of the agreement)
- (1) The Organizing Committee shall notify users of the agreement by posting it on the website.
- (2) The Organizing Committee may amend the agreement to the extent permitted by law if it is reasonably deemed necessary. If some changes are made to the agreement, the Organizing Committee shall post a notice on the website that contains the effective date of the revised version and the reason for the change 15 days prior to the effective date.
However, in the case of making a change that is deemed unfavorable to users, a notice shall be posted 30 days prior to the effective date and each member shall be notified individually by email, text message, etc.
- (3) Consenting to this agreement means that a member agrees to visit the website operated by the Organizing Committee and check for any change to the agreement on a regular basis. The Organizing Committee shall not be responsible for any damage to members arising from their failure to recognize changes in the agreement. Therefore, members should regularly visit the website and check for any changes in the agreement.
- (4) Members who do not agree with the changed agreement may request withdrawal of their membership (termination of the contract of use). Members shall be deemed to have agreed with the revised agreement if they do not expressly object to the modified agreement in response to the notice and individual notifications in accordance with the above paragraph (2).
Article 4 (Additional terms)
- (1) Matters not prescribed in this agreement shall be governed by the applicable laws and regulations and general commercial practices.
- (3) If any change is made to the service guide, the Organizing Committee shall notify of the change on the website seven days prior to the effective date.
- (4) Members shall always be alert to any change in the service guide, and when there is a notice of change to the service guide, they shall check the contents of the change.
Chapter 2, Contract of Use
Article 5 (Establishment of the Contract of Use)
- (1) The contract of use shall be established when a user agrees to the contents of the contract and the Organizing Committee approves the user’s application for use of the services. A person who intends to use the services shall agree to the contents of the contract by checking 'Agree' in the agreement provided online at the time of membership application.
- (2) Membership shall become valid when the Organizing Committee's permission for use of the services is posted on the screen, or reported to the applicants via email or any other means determined by the Organizing Committee.
Article 6 (Application to use services)
- (1) (1) Users who intend to sign up and use the services shall provide general information requested by the Organizing Committee This includes email (ID), password, and name.
- (2) Users may sign up for membership and use the services only after they provide certain information. Members who sign up under a false identity or the identity of another person, or who do not provide their true information cannot claim their rights regarding use of the services and such actions may be punishable by applicable laws and regulations.
- (3) The Organizing Committee may certify or confirm the information registered by members through means determined by the Organizing Committee. Members shall actively cooperate with this process. If they do not comply with the process, the information registered by the members may be considered false and treated accordingly.
- (4) Members shall be responsible for any issues arising from double applications (restrictions on use of the services, etc.), and the Organizing Committee shall not be held responsible.
Article 7 (Change, protection and use of personal information)
- (1) Members should modify and update their personal information whenever there is any change to the information they provided within a reasonable period of time. However, certain items including ID cannot be modified. Members shall be responsible for any loss arising from their failure to update their personal information, and the Organizing Committee shall not be held responsible.
- (3) The Organizing Committee shall not use the personal information of members for any other purpose than the provision of the services, nor provide it to a third party without the member’s consent. Notwithstanding this, where any of the following subparagraphs apply, the Organizing Committee may provide personal information to a third party without the member’s consent, to the extent permitted by applicable laws and regulations in the following cases.
- ① Where additional consent is obtained from the data subject.
- ② Where special provisions exist in other laws.
- ③ Where it is deemed explicitly necessary for the protection, from impending danger, of life, body or economic profits of the data subject or third party in the case that the data subject or his/her legal representative is not in a position to express their intention, or prior consent cannot be obtained owing to unknown addresses.
- ④ Where personal information is provided in a manner keeping a specific individual unidentifiable necessarily for the purposes of statistics and academic research, etc.
- ⑤ Where it is impossible to perform the duties under its jurisdiction as provided for in any Act unless the personal information controller uses personal information for a purpose other than the intended one, or provides it to a third party, and it is subject to the deliberation and resolution of the Personal Information Protection Commission.
- ⑥ Where it is necessary to provide personal information to a foreign government or international organization to perform a treaty or other international convention.
- ⑦ Where it is necessary for the investigation of a crime, indictment and prosecution.
- ⑧ Where it is necessary for the court to proceed with a case.
- ⑨ Where it is necessary for punishment, and enforcement of care and custody.
Article 8 (Approval and restriction of application to use of services)
- (1) Regarding applications for use of the services in line with Articles 5 and 6, the Organizing Committee shall accept the applications and grant permission in the order in which applications are received, unless there is any business or technical issue preventing this.
- (2) The Organizing Committee may reject or delay approval of use of the services in the following cases.
- ① If a user provides false information (when it turns out that the personal information provided is not that of the applicant in the identification process, or when there is false, omitted, or misspelled information in the application contents, etc.).
- ② If a user applies for use of the services with the purpose of violating laws or undermining security and public order, and compromising good traditions.
- ③ If a user intends to use the services for illegal purposes.
- ④ If a user intends to use the services for the purpose of seeking profits.
- ⑤ If the application for use of the services turns out to be against this agreement, illegal, or inappropriate.
- (3) The Organizing Committee may delay approval of use of the services until the cause of the delay is removed in the following cases.
- ① If there is a lack of facilities.
- ② If there is a technical problem.
- ③ If other policies of the Organizing Committee do not allow permission.
- (4) The Organizing Committee may immediately withdraw the permission for use of the services if any of the cases specified in the above paragraph (2) or any of the following cases are found after membership registration is completed.
- ① If a member interferes with other persons’ use of the service.
Article9 (Granting and changing, of user ID, etc)
- (1) The Organizing Committee shall grant each member an ID according to the agreement.
- (2) IDs cannot be modified in principle, and one ID is assigned to each member. If a member intends to change their ID for unavoidable reasons, he or she must terminate the contract of use and join the website again, and the cancelled ID cannot be reused. The member shall be responsible for any problems arising from having multiple IDs, and the Organizing Committee shall not assume any responsibility regarding the issue.
- (3) The Organizing Committee may, at its sole discretion, stop providing the services to members if their ID falls under any of the following subparagraphs.
- ① If more than two IDs are registered.
- ② If an ID gives others a feeling of aversion or compromises civil society.
- ③ If an ID indicates the same name as that of the services or is the ID of the administrator, or may otherwise cause confusion.
- ④ If the Organizing Committee decides that an ID needs to be suspended.
- (4) Members shall be responsible for managing their IDs and passwords. Members shall be held liable for any losses arising from their careless management of their IDs and passwords or unlawful use by a third party. The Organizing Committee shall not be held responsible.
- (5) Other matters regarding management and modification of personal information shall comply with the service guide.
Chapter 3 Obligations of the Contracting Parties.
Article 10 (Obligations of the Organizing Committee)
- (1) If members apply for use of the services, the Organizing Committee shall allow them to use the services unless any reason to refuse use of the services specified in Article 8 applies.
- (2) If there is a facility failure or damage, the Organizing Committee shall restore or repair it without delay in order to ensure seamless and reliable provision of the services, unless there is a justifiable reason not to do so.
- (4) The Organizing Committee shall duly handle opinions or complaints filed by members immediately upon receipt if they are deemed reasonable and objective. If it is difficult to deal with them immediately, the Organizing Committee shall notify the members of the reason for the delay and the expected schedule for resolution.
Article 11 (Obligations of the members)
- (1) Members shall provide true information to the best of their knowledge when applying for membership or when modifying their membership information. If members provide false information or another person’s information, they can not claim any appertaining rights.
- (2) Members shall comply with this agreement, other regulations defined by the Organizing Committee, notifications from the Organizing Committee, and applicable laws and regulations. Members shall not engage in any activity that may interfere with the business of the Organizing Committee, undermine the reputation of the 18th FINA World Championships Gwangju 2019 and the 18th FINA World Masters Championships Gwangju 2019, or cause damage to the others.
- (3) Members may view and edit their personal information at any time. However, the items that are required for service management (ID) cannot be modified.
- (4) If there is a change to the registered information, members shall update their information online or notify the Organizing Committee of the change via email, fax, etc.
- (5) The Organizing Committee shall not be held liable for any disadvantage arising from a member’s failure to update their information or notify the Organizing Committee of such change as stipulated in the above paragraph (4).
- (6) Members shall not engage in business activities using the services without prior approval of the Organizing Committee, and the Organizing Committee shall not be responsible for the consequences of such business activities. If any loss or damage occurs to the Organizing Committee as a result of such business activities, the Organizing Committee may ask the members involved to assume legal liability.
- (7) Members shall not assign or transfer the right to use the services or any other rights under the contract of use to another person or put such rights up as collateral without express approval of the Organizing Committee.
- (8) Members shall not infringe upon any rights including intellectual property rights of the Organizing Committee or third parties or engage in the activities specified in Article 17.
Chapter 4 Use of Services
Article 12 (Service hours)
- (1) The Organizing Committee shall in principle provide the services 24 hours a day, 7 days a week without break unless business or technical issues cause service interruption. However, the Organizing Committee may temporarily suspend the services for operational and maintenance reasons including regular system checkups; repair, installation, replacement, disruption, and malfunction of information communication equipment; communication interruption; and excessive traffic volume. In such cases, the Organizing Committee shall inform the members of the service interruption and the reasons therefor through the notice board.
- (2) In the event of any force majeure, including natural disaster, national emergency, power failure, etc., the Organizing Committee may temporarily suspend provision of the services in whole or in part without advance notice.
- (3) The Organizing Committee may suspend provision of the services in whole or in part after advance notice if it is necessary for provision of the services including service upgrades, etc.
Article 13 (Postings by Members)
- (1) ‘Postings' refer to informational text, photos, videos, and any other files and site links posted by members on the website, including marks, letters, voice, sounds, image, and video.
- (2) If the materials posted by members on the website infringe upon intellectual property rights of others or cause any loss or other issues to themselves or others, the members shall face civil and criminal liability, and the Organizing Committee shall not assume any responsibility therefor.
- (3) The Organizing Committee may stop, edit, delete, move, or refuse to register postings without prior consent of members if they fall under any of the following subparagraphs.
- ① If the contents are offensive, slanderous, or defamatory to other members or a third party.
- ② If the contents or site links undermine public order or civil society.
- ③ If the contents encourage pirating or hacking (i.e. the contents contain malware or other code that may cause malfunctioning of devices and equipment, etc.)
- ④ If the contents are advertisements for commercial purposes.
- ⑤ If the contents are considered political, which are restricted by law.
- ⑥ If the contents are objectively considered to be associated with crime.
- ⑦ If the contents infringe upon the rights and legitimate profits of other users or a third party, including intellectual property rights.
- ⑧ If the Organizing Committee deems that the contents are unsuitable for the website and the services because they include personal political opinions or religious views.
- ⑨ If the contents violate the rules for postings set by the Organizing Committee, or are not suitable for the website.
- ⑩ If the contents are against other applicable laws and regulations.
- (4) If a third party demands that the Organizing Committee remove the contents for libel or violation of rights including intellectual property rights, the Organizing Committee may remove them (suspension of transmission) at its discretion. If there is any lawsuit or settlement between the person who requested removal of the contents and the user who posted the contents, or any other decision by involved agencies, and the final results are submitted to the Organizing Committee, the Organizing Committee shall follow the results.
- (5) In the case that the contents are removed by the Organizing Committee, the member who posted the contents may request the Organizing Committee to repost them. If there is no such request within three months from the removal, the Organizing Committee may delete the contents.
Article 14 (Intellectual Property Rights of the postings)
- (1) Intellectual property rights including copyrights of the materials (including writings) created and posted by the Organizing Committee shall belong to the Organizing Committee.
- (2) Copyrights of the materials created and posted by members in the course of use of the services provided by the Organizing Committee shall be held by the members. The members shall face any civil and criminal liability including infringement of copyright arising from these materials.
- (3) Members shall consent to the Organizing Committee’s use of the materials posted by members free of charge in the following cases. However, if the members who posted the contents request the Organizing Committee to delete or discontinue use of the contents, the Organizing Committee shall immediately delete or stop using the contents except for data that should be retained according to applicable laws.
- ① The Organizing Committee duplicates, displays, transmits, or disseminates the postings within the services provided by the Organizing Committee, or creates secondary copyrighted materials or compilation works based on the postings..
- ② The Organizing Committee uses the postings, secondary copyrighted materials, or compilation works for sales promotions, advertisements, etc.
- ③ The Organizing Committee allows its consortium partners including the media and telecommunications companies to use the materials posted by members for their PR. In this case, however, the Organizing Committee shall not provide any other personal information of members without consent of the members except for their IDs to the third parties mentioned above.
- (4) If the Organizing Committee intends to use members’ postings in other ways than those stated in the above paragraph (2), it shall obtain prior consent from the members by phone, email, etc. However, if the Organizing Committee fails to gain prior consent from members because they do not respond to any phone calls or emails from the Organizing Committee or they cannot be reached due to incorrect contact information, it may request members’ consent after use of the postings.
- (5) Even after members terminate the contract of use, the materials posted by the members shall not be deleted.
Article 15 (Provision of information)
- (1) The Organizing Committee may disclose information deemed necessary for use of the services to a third party with prior consent of members.
- (2) The Organizing Committee may collect additional personal information in accordance with relevant laws and regulations with the consent of members for the purpose of service improvement, or the introduction of new services to members.
- (3) Users who duplicate, transmit, publish, disseminate, or broadcast any information obtained through use of the services or the website, or who let a third party use such information without the approval of the Organizing Committee shall be held responsible therefor.
Chapter 5, Termination of the contract and restrictions in the use of the services.
Article 16 (Change and termination of the contract)
- (1) If members intend to terminate the contract of use, they shall withdraw membership themselves online or send an email requesting the withdrawal.
Article 17 (Restrictions of service by the Organizing Committee)
- (1) If a member violates Article 11 of this agreement or they fall under any of the following cases, the Organizing Committee may restrict the member’s use of the services, cancel the contract of use, and take other necessary actions (hereinafter referred to as the “restrictions on use of the services”).
- ① If a member registers false information, uses another member’s ID, possesses more than two IDs, uses another person’s personal information including passwords, or trades or provides an ID to others.
- ② If a member transmits, posts, or disseminates vulgar, obscene contents violating public order or contents that infringe upon the privacy of another person or defames them to other persons via email or other means.
- ③ If a member modifies the program of the Organizing Committee without obtaining special rights from the Organizing Committee, or hacks the website server, or arbitrarily changes the information posted on the website in whole or in part.
- ④ If a member duplicates, transmits, or disseminates information obtained through the services, or uses it for publication and broadcasting, or provides it to a third party for any purpose other than the use of the services without prior approval of the Organizing Committee.
- ⑤ If a member impersonates the management, staff members, or officials of the Organizing Committee, or intentionally interferes with the normal operation of the services.
- ⑥ If an appropriate public institution including a central administrative agency demands the restrictions on use of the services.
- ⑦ If there is a valid reason by the Organizing Committee for restriction of use of the services.
- ⑧ If a member violates the regulations defined by the Organizing Committee including this agreement, or other laws and regulations by engaging in activities that are objectively deemed as being associated with crime.
- (2) If the Organizing Committee restricts use of the services, it shall notify members of its intention to restrict use of the services via email, telephone, fax, and other means. The termination of the contract of use shall be effective from when the Organizing Committee gives the notification to the members.
- (3) If use of the services is restricted according to this Article, the Organizing Committee may reject the member’s application for re-registration.
- (4) Members shall take full responsibility for any damage arising from the restrictions on use of the services, and the Organizing Committee shall not assume any responsibility therefor.
Chapter 6, Compensation for damage, miscellaneous
Article 18 (Compensation for damage)
Members shall compensate the Organizing Committee and/or any third party for any damage arising from their willful misconduct and negligence in use of the services.
Article 19 (Exemption)
- (1) If it is impossible to provide services due to natural disaster, war, service interruption by a key telecommunications business operator, or any equivalent force majeure, the Organizing Committee shall be exempted from responsibility for providing the services.
- (2) The Organizing Committee shall be exempted from liability for any damage arising from unavoidable reasons including repair, replacement, regular check, and/or construction of facilities, etc.
- (3) The Organizing Committee shall be exempted from liability for the losses caused by a member’s error in use of the computer, or incorrect personal information and/or email addresses entered by a member.
- (4) If their willful misconduct or negligence causes losses to a third party, members shall hold the Organizing Committee harmless from and against any and all claims including any claims for damages by the third party.
- (5) The Organizing Committee accepts no liability for any profit that members expect or any damage caused by the information that they obtain through use of the services.
- (6) The Organizing Committee accepts no liability for any materials posted by members including data and information, and reliability and accuracy of such materials, etc. The Organizing Committee is under no obligation to take part in disputes between a member and a third party during use of the services and does not have responsibility for compensating for damage from the disputes.
- (7) The Organizing Committee is under no obligation to examine the materials in advance before they are posted by a member, nor to always check or review the contents of the postings, and the Organizing Committee accepts no liability for the results.
- (8) The Organizing Committee shall not be responsible for any losses that occur to members regarding use of the service with the exception of losses caused by the Organizing Committee's willful misconduct or gross negligence.
Article 20 (Governing law and resolution of disputes)
- (1) Interpretation of this agreement shall follow the applicable laws and regulations of the Republic of Korea.
- (2) When a dispute arising from use of the services occurs between the Organizing Committee and a member, both shall strive to settle the dispute in principle. If such efforts fail, it shall be resolved through arbitration by the Korean Commercial Arbitration Board.