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CANDLE TERMS OF SERVICE

Welcome and thank you for using CANDLE, where users from all around the world connect on our map interface. CANDLE team puts our best efforts to provide an environment for fun and beneficial communication among our users. This page explains the terms by which you may use this service. Please read the whole Terms of Service carefully to ensure that you understand each provision.


1. Definition


The Terms of Service provided here {“Terms” or “Agreement”} creates a binding legal agreement between CANDLE Service and you (also the “User”). The following definitions apply:


1. “CANDLE”, “CANDLE Service”, “Service”, “us”, and “we” mean CherryPickWorks Inc. in legal context.


2. “you” and “user(s)” refer to as the user(s) of CANDLE Service in legal context.


3. "content(s)"means information such as text, audio files, music, images, videos, software, programs, computer code, and the like.


4. “Content(s)” means content(s) that may be accessed through the Service.


5. "Submitted Content(s)"means content(s) that users have submitted, transmitted, or uploaded.

        

2. Effects and Changes of the Terms


2.1 Terms of Service are accessible in CANDLE Service on its mobile app and webpage. By accessing or using the Service you agree to be bound by these Terms. Such agreement is valid and irrevocable.


2.2 We may modify or update this Agreement at any time without providing prior notice to Users. Notices of the changes will be transmitted to you via email you provide upon Account creation and you should review the terms periodically. You may terminate this Agreement if you do not agree with the revisions. Your continued use of the Service after any changes constitutes your acceptance of the new Terms of Service.

        

3. Protection of User Data


3.1 Protection of your privacy and data is important to us. Any information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Service you consent to the transfer of this information to the United States and/or other countries for storage, processing and use by us.


3.2 You own the information you provide under this Agreement, and may delete it at any time, unless you have shared information or Content with others and they have not deleted it, or it was copied or stored by other users. Any information you submit to us is at your own risk of loss.


3.3 By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Service account profile information accurate and updated. Details regarding this matter are available in our Private Policy.

        

4. Service Eligibility and Account Management


4.1 To be an eligible CANDLE user, you must meet the following criteria and warrant that you:


•are 14 years of age or older;


•grant us permission to access and use your information from Facebook as permitted by Facebook when connecting with Facebook account;


•are using your real name and identity in your profile and will not provide any false personal information;


•not a convicted sex offender; and


•will not violate any rights, including intellectual property rights such as copyright or trademark rights.


4.2 By registering, you agree to provide genuine, accurate, and complete information while using the Service. It is your responsibility to keep your ID and password in secure place to prevent password being in an unlawful manner. All activities conducted with the password will be treated as activities that have been conducted by you as the holder of the password.


4.3 Your account in the Service is for the exclusive use and belongs solely to you. You may not transfer, lend, or inherit your account to any third party.


4.4 CANDLE may suspend or delete any account without giving prior notice to the user if we believe that the user is violating or has violated the terms. CANDLE reserves the right to delete any account that has been inactive for a period of a year or more since its last activation, without any prior notice to the User.

        

5. General Restrictions


Providing pleasant user experience to everyone is our priority. Therefore, you understand and agree to the following restrictions when using CANDLE Service.


5.1 Users should not engage in any activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.


5.2 Users should not hinder public order or customs.


5.3 Users should not submit or post any Content that infringes intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of s and/or a third party granted by the law or contract.


5.4 Users should not, by all means, post or share any Content that can cause embarrassment or distress to other users, including violent, sexually offensive, and/or discriminatory (including discrimination against race, national origin, creed, gender, social status, family origin) Contents. Any bullying, threatening, abusing, harassing or stalking any user is strictly restricted.


5.5 Users should not encourage harmful behavior (including suicide, self-injury behavior, and drug abuse) or promote illegal activities and/or unlawful multi-level marketing on our Service.


5.6 Users are not allowed to use our Service for unauthorized commercial communications, including a spam.


5.7 Users are not allowed to upload viruses or other malicious code, access the Service using automated means such as harvesting bots, spiders, or scrapers without our permission, or do anything that could disable, overburden, or impair the proper working of Tandem, such as a denial of service attack.


5.8 Users are not allowed to copy, modify, and reproduce Contents of software or technology used to provide CANDLE Service, in part or full, through reverse engineering or other means to derive the source code to create service that are same or similar to CANDLE Service, and/or sell, transfer or give access to such service.


5.9 Users are not allowed to collect, disclose and/or offer Content or information of other users that are not permitted by the law.


5.10 We may restrict or terminate any user from using the Service for above or other conducts that are in our sole discretion considered inappropriate.


5.11 Suspected violation of applicable law and Terms will be reviewed and we may restrict access of the user in question to our Service. However, we cannot guarantee you will not be connected to violators before they are banned. Please report using our app’s feature or contact us at [email protected].  if you see any violation or issues while using the Service.

        

6. Contents


6.1 By using our Service, you agree that any contents that you submit may be transmitted to the recipient of your communication. Contents of communications are entirely the responsibility of the person who originally created them and therefore you may be exposed to contents that are offensive, indecent or otherwise objectionable.


6.2 Contents cannot be used beyond the scope of the intended use of the Contents in the Service (including but not limited to copying, transmission, reproduction and modification).


6.3 We are not obliged to back up Submitted Contents. You will need to create backups in your own time.


6.4 We do not monitor or control the Contents facilitated via the Service and we cannot take responsibility for them. However, we may review Submitted Contents for suspected violation of applicable law or provisions in this Agreement, and may limit use of such Contents by deleting them from our Service without prior notice.


6.5 You are responsible for ensuring that your contents comply with the guidelines and general restrictions as set out in 5 General Restrictions.


6.6 Ownership of and rights to contents you create are entirely yours and CANDLE do not acquire any rights to them. We believe user Submitted Contents contain valuable information that can benefit community and such information should be available to many others through proper access. Therefore, when you submit contents and make them visible to ALL USERS, not to your “friends” only, you are granting us a worldwide, non-exclusive, royalty-free license (with the right to sublicense such content to other third parties working together with CANDLE), for an indefinite period, to use for providing, improving and/or promoting Service.


6.7 As for Contents we offer to you for a set fee and/or period of time, with or without other conditions, CANDLE reserves all intellectual property rights as well as all other rights in such Contents, and such rights shall not be transferred to users.

        

7. Limitation of Liability


7.1. CANDLE does not expressly or impliedly guarantee the completeness, accuracy, availability, timeliness, integrity, security, stability, reliability effectiveness, fitness for certain purposes of the Service or any Content thereon. We will not be responsible or liable for providing uninterrupted, secure, or error-free Service. You will be notified of scheduled or unscheduled maintenance or repair when accessing the Service or our webpage.


7.2 To the maximum extent permitted by applicable law, CANDLE will not be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that we or users predicted or could have predicted) with respect to our contractual default or act of tort due to our negligence (except for gross negligence), and/or such damages resulting from reasons and circumstances that are not specified in this section.


7.3 We will not be responsible for interruptions, delays or insentiences resulted from reasons unforeseen or beyond our control. This includes:


• Natural disaster or other cases of force majeure


• User errors and conducts against other user(s), our policy and Terms of Service, and any damages resulted thereof


7.4 We will not responsible for damages inflicted by mistakes or activities of third party or our user(s) accessing the server, including a) disruption of data communication to and from the server, b) spread of malicious software, and/or c) missing or delivery failure of data or information. If any third party that has entered into a Service provision partnership with CANDLE brings claims against you in connection with or arising out of your breach of applicable law of regulation or provisions herein, including but not limited to infringement or violation of the intellectual property rights, you will indemnify and hold us harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.

        

8. No Emergency Calls


Our Service do not offer any feature to place an emergency call to authorities or agencies such as police, maritime safety, and fire department.

        

9. Advertisement


Our Service may include display of promotional contents for our or third party product(s).

        

10. Social Media and Partner Service


10.1 When you choose to connect our Service with third party social networking sites (“SNS”) in the option, such as Facebook or Twitter (“SNS”), you are granting us access to your SNS account to capture and make available on Service Content that you have stored in that account. Your choice of SNS and privacy settings will determine what personal information that you post to your SNS account will be available on our Service. Please note that any contents from an SNS will no longer available on the Service if your SNS account becomes unavailable or that SNS terminates our app’s access to your SNS account. You may disable the connection between the Service and your SNS accounts at any time by accessing the “Settings” section of that SNS. Please note that your relationship with each SNS is solely governed by your agreement with that SNS.


10.2 Our Service may include service(s) or content(s) offered by third party (“third party products”) that has entered into a Service provision partnership with CANDLE (“Partner Company”). Such third party products are responsibility of the Partner Company in all regards and explicit terms and conditions set by the Partner Company or other rules and laws may apply. We are not responsible or liable for such services or contents.

        

11. Account Cancelation and Termination of Service


11.1 You may cancel your Account and terminate the Service at any time by accessing the relevant menu in our app.


11.2 Upon termination, all your data including information and Contents you provided or posted to our Service will be deleted, except information that are required for retention by the applicable law and our Privacy Policy. Please note that Contents may still be available if other user(s) have reposted or shared through other relevant features, or if deleting them may interfere with other users’ experience, including posts you posted comment(s) to.


11.3 By cancelling your account, you are also requesting termination of any paid Service(s) that may be active at the time of cancelation. Such Service(s) will be terminated when we accept your request and refund will be made if applicable. If separate terms and termination process apply, however, they will always precede provisions herein.

        

12. Contact and Feedback


12.1 Your opinions are important to us. You may contact us or submit your Feedback by emailing at [email protected] at any time you wish.


12.2 You acknowledge and agree that your Feedback does not contain confidential or proprietary information. You also agree that, with respect to your Feedback, we are not under any obligation of express or implied confidentiality; we reserve rights to handling of such Feedback, weather to use or disclose, in any way, in any media. Such Feedback may also contain similar idea or product to what we have under consideration or in development, and your Feedback does not grant you any compensation or reimbursement of any kind from us under any circumstances.

        

13. Governing Law and Jurisdiction


13.1 This is an English translation of Terms of Service (“English Version”). Provisions in the English Version will take precedence to over any other translation and its Terms will be governed by the laws of Korea, regardless of the country you may access our Service to.


13.2 CANDLE will consult with the user in good faith to resolve any disputes that arise from the use of Service. If the dispute is not resolved through the process, CANDLE and the user may request the Korea Communications Commission to settle the dispute, in accordance with Article 28 of the Act on the Protection and Use of Location Information, or request the Korea Communications Commission or the Personal Information Dispute Mediation Committee to settle or arbitrate the dispute, as prescribed in Article 43 of the Personal Information Protection Act.


Released on: 07 12 2016


Effective from: 07 12 2016

        

CANDLE Terms of Location-Based Service


1. Purpose


Our Terms of Location-Based Services (“Terms”) states the rights, obligations and responsibilities of CANDLE ( “we”, “us” and “our”) and users who have agreed to these terms (“you” and “your”) when using our location-based service (“CANDLE Service” and “Service”).

        

2. Effects and Changes of the Terms


2. 1 When you sign up for CANDLE and by accessing or using the Services you will be prompted with the statement that our Service is location-based and require your permission to access your location data. By granting the access you understand and agree to be bound by these Term, which will take effect immediately. These terms are accessible within CANDLE Service, on our mobile app and website, and you can review them at any time you wish.


2.2 We may modify these Terms if deemed necessary. We will provide notice for you to access and review of any changes to this Privacy Policy we may make seven (7) days prior to the date the changes take effect. For important changes concerning your rights as user, we will provide such notice thirty (30) days prior the effective date on our website and/or electronically send it to you email or SNS. Such notice will remain for reasonable time for your view.


2.3 You may cancel and terminate the Service if you do not agree with the revisions. Your continued use of the Service seven (7) days after any changes constitutes your acceptance of the new Terms of Location-Based Service.

        

2. Effects and Changes of the Terms


2. 1 When you sign up for CANDLE and by accessing or using the Services you will be prompted with the statement that our Service is location-based and require your permission to access your location data. By granting the access you understand and agree to be bound by these Term, which will take effect immediately. These terms are accessible within CANDLE Service, on our mobile app and website, and you can review them at any time you wish.


2.2 We may modify these Terms if deemed necessary. We will provide notice for you to access and review of any changes to this Privacy Policy we may make seven (7) days prior to the date the changes take effect. For important changes concerning your rights as user, we will provide such notice thirty (30) days prior the effective date on our website and/or electronically send it to you email or SNS. Such notice will remain for reasonable time for your view.


2.3 You may cancel and terminate the Service if you do not agree with the revisions. Your continued use of the Service seven (7) days after any changes constitutes your acceptance of the new Terms of Location-Based Service.

        

3. Additional Terms


Matters not specified in the Terms will be subject to the Act on the Protection and Use of Location Information, the Telecommunications Business Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Personal Information Protection Act, relevant laws and regulations and other Service operation policies by the law of Korea, Republic of, or our rules and policies (“Guiding Principles”).

        

4. User Registration


Your submitted registration to our Service may be declined if we become aware that: 1) you are registering under a false identity or the identity of another person 2) you have not provided required information or submitted incorrect information when registering 3) you are otherwise not eligible for our Service

        

5. Termination of Service


You may cancel your Account and terminate the Service at any time. Instructions are available on our website. Your request will be handled promptly in compliance with applicable laws and regulations.

        

6. Providing Service


6.1 As a rule, our Service is available 24 hours a day. However, the service can be suspended temporarily due to situational or technical reasons. We may also temporarily suspend the Service for a determined period of time for operational reasons. In such cases, we will provide relevant notice before or after such suspension.

        

7. Service Rates


7.1 Our Service include both free and paid features. Advanced payment is required if you wish to use paid features (“Paid Service”).


7. 2 We may delegate the handling of your payment for our Paid Service to electronic payment processors that have entered into an agreement with CANDLE, or by billing the amount using appropriate method(s) of our choice.


7. 3 Cancellation or refund of payments you make to use the Paid Service will be subject to our payment related terms or applicable laws and regulations.


7. 4 Any request for refund or payer’s personal information for purchases made in relation to suspected identity theft or fraud may not be accepted unless such request meets conditions set forth by law.


7. 5 Additional data charges will apply when using our Service on mobile network. Please refer to your mobile carrier for details.


7.6 Additional charges that may incur when you post to CANDLE Service using certain means such as MMS will be subject to your mobile carrier and their terms and policies.

        

8. Service Availability


8. 1 We may suspend or terminate Service in situations where:


1) we become aware of that you are intentionally interfering with our Service operation;


2) providing uninterrupted Service is impossible due to inspection, maintenance or construction of our Service facilities;


3) key telecommunications business operator(s), designated in accordance with provisions in the Telecommunications Business Act, suspends telecommunications services;


4) the Service is interfered by unusual circumstances including a state of national emergency, failure of Service facilities or unexpected traffic surge; or


5) we find providing the Service is no longer viable due to other serious reasons.


8. 2 If we decide to suspend or terminate the Service due to reasons described above, it is our responsibility to notify you of the reasons for such decision and specific time frame.

        

9. Change to Service


9. 1 We may make changes to or remove Service contents or features. We will notify you of such changes via email to the address you provide for your account or other means available.


9.2 When changes to our Service affects unspecified number of users, we may provide notice as a post in our website or on our app. Notification of any important changes that may interfere with your interests will remain on our website for reasonable time or sent to you via email or SMS for your review.

        

10. Access to User’s Location Data


10.1 As a location-based service provider, we are by applicable law required to inform and ask for your permission to access your location data.


10.2 You or your legal guardian’s rights, and any legal claims will be governed by your jurisdiction based on your registered address at the time filing. If the address is not available, the matter will be brought to the district court with jurisdiction based on your place of residence. If the address or place of residence is unknown at the time of filing, or you are an overseas resident, the claim will then be brought to the competent court defined in the Civil Procedure Act.


10.3 We will automatically record and retain documentation that proves our use of location data in order to settle costs with a third-party company or user and/or resolve complaints. This data will be retained for six (6) months.


10.4 We will not provide your location data without your consent. If our Service provides third party service that shares your location data, we must notify you of this partnership in advance, detailing who will receive your information and the purpose of providing such information, and ask for your approval. This, however, doesn’t apply if:


the information is disclosed to comply with laws and regulations, or due to requests made by law enforcement agencies for the purpose of conducting an investigation, in accordance with defined procedures and methods. 10.5 Notification of location data transfer to a third party will be sent to you immediately whenever your location data is transferred, including the recipient, date and purpose of the transfer, via telecommunications device the location data is collected each time. We may send those notifications, however, to other telecommunications device or email address specified by you if:


1) the telecommunications device from which the location data is collected is not equip with a technology to receive text, voice or video; or


2) you have chosen to receive those notifications online or other means.

        

11. Rights of the Location Data Provider


11.1 You may, at any time, withdrawal any or all consent to provide us regarding our location-based services that use your location data and/or provide such data to a third-party. We will destroy your location data and related information we collected from you and references to such data and its use.


11.2 You may request us to temporarily suspend the collection, use and/or provision of your location data to a third party at any time. We are legally obliged to honor such requests and have the technical measures for temporary suspension.


11.3 You may request us for access to or transfer of the following information for your review and demand the correction of any errors the data contains. We are legally obliged to honor such requests without otherwise justifiable reasons.


1) References data to collection, use and provision of your location data


2) Reasons and details to providing your location data to a third party, and related legal information (Act on the Protection and Use of Location Information and other provisions of law).


11.4 You have rights to make these requests as specified in Clause 11.1 and 11.3 through a prescribed procedure provided by CANDLE.

        

12. Rights of Legal Guardian


12.1 For users who are 14 years old or under, we must gain consent from the user and his or her legal guardian for the provision of location-based services that uses user’s location data and for the transfer of such information to a third party.


12.2 We must gain consent from children under 14 years old and their legal guardian when their location data or references to collection, use and provision of location data is used for purposes other than specified herein or notified otherwise, except if:


1) that location data or references to collection, use and provision of such data is needed necessary to settle costs for any provided location data and location-based services; or


2) that the data is reproduced and anonymized to be used in statistics, academic research and/or market research, and it does not contain any personally identifiable information.

        

13. Rights of Custodians of Children Under 8 Years Old


13.1 Custodians individuals stated below (“Children Under 8 Years Old and Others”) may provide consent to the use and provision of location data to safeguard the life and physical well-being of Children Under 8 Years Old and Others. With such consent is given, no consent is legally required from the individuals themselves.


1) Children under 8 years of age


2) Individuals who require custodianship for mental or physical reasons


3) Individuals with mental disabilities, as defined in Article 2.2.2 of the Act on Welfare of Persons with Disabilities, who are categorized as being severely disabled in accordance with Article 2.2. of the Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons (Only those legally registered as disabled in accordance with Article 32 of the Act on Welfare of Persons with Disabilities)


13.2 By custodians of Children Under 8 Years Old and Others specified in the previous clause, it refers to following people:


1) Legal guardians of children under 8 years of age or guardians who are defined in Article 3 of Act on the Guardianship of Minors in Protective Facilities


2) Legal guardian of mentally incompetent individuals who have been deemed to require custodianship


3) Legal guardian of individuals defined in Article 13.1.3 herein, head of assisted living facilities for the disabled (limited to facilities built·run by the state or local governments) as prescribed in Article 58.1.1 of the Act of Welfare of Persons with Disabilities, head of social rehabilitation facilities for the mentally disabled (limited to facilities built·run by the state or local governments) and head of mental healthcare facilities as prescribed respectively in Article 3.4 and Article 3.5 of the Mental Health Act.


13.3 Custodians who wish to consent to the use or provision of location data of Children under 8 Years Old and Others in their care for the purpose of protecting the life and physical well-being of them must submit a written consent and documented proof of the custodianship to CANDLE.


13.4 A custodian who consent to the use or provision of the personal information of Children Under 8 Years Old and Others will be able to exercise all rights cation data provider on his or her behalf.

        

14. Company Address and Contacts


1. Our address and company information:

• Name: CherryPickWorks Inc.

• CEO: Ha SANGMIN

• Address: #622, 118, Seongsui-ro, Seongdong-gu, Seoul, Republic of Korea

• Phone: +82-2-546-9588. Name and contact of our designated location data manager, who is in the position to take responsibilities, in order to manage and protect personal location information and resolve complaints filed by the location data provider:

• Name : Jelly Kim

• Phone: +82-2-546-9588

• Email: [email protected]emystar.com

        

15. Non-Assignment


Users cannot assign, transfer or pledge the rights to use our Services.

        

16. Compensation for Damages


16.1 You may bring claims against CANDLE for damages incurred to you due to our violation of Article 15 or 26 of the Act on the Protection and Use of Location Information. CANDLE will be responsible for the damage, unless we can prove that the damage is not resulted from intentional breach or negligence.


16.2 We may bring claims against you for damage incurred to CANDLE due to your violation of Terms herein. You will be responsible for the damage, unless you can prove that the damage is not resulted from intentional breach or negligence.

        

17. Disclaimer


17.1 We will not be responsible for interruptions, delays, insentiences and/or damages thereof resulted from reasons unforeseen or beyond our control. This includes:


1) Natural disasters or other cases of force majeure


2) Intentional disruption of Service operations by a third party that has entered into a Service provision partnership with CANDLE


3) User errors and conducts against other user(s)


4) Causes that are not our contractual default or act of tort due to our negligence, excluding those stated in Clause 1) or 3)


17.2 CANDLE does not expressly or impliedly guarantee the completeness, accuracy, availability, timeliness, integrity, security, stability, reliability effectiveness, fitness for certain purposes of the Service, and any damages thereof. We will not be responsible or liable for providing uninterrupted, secure, or error-free Service.

        

18. Arbitration


18.1. CANDLE will consult with the user in good faith to resolve any disputes that arise from the use of Service.


18.2. If the dispute is not resolved through the process, CANDLE and the user may request the Korea Communications Commission to settle the dispute, in accordance with Article 28 of the Act on the Protection and Use of Location Information.


18.3. If the dispute is not resolved despite measures stipulated above, CANDLE and the user may request the Korea Communications Commission or the Personal Information Dispute Mediation Committee to settle or arbitrate the dispute, as prescribed in Article 43 of the Personal Information Protection Act.

        

Supplementary Provisions


1. The Terms of Location-Based Service herein will take effect on 07 12 2016.