These Terms and Conditions are intended to establish the rights, obligations and other matters between the creator and the Company in the use of Lisnup, a platform for sharing and recording of creative songs provided by Jellypunch Co., Ltd.(the "Company").
Article 1 (Definitions)
The definitions of the terms used in these Terms are as follows:
"Lisnup" means a platform where when a creator uploads his or her creative song and discloses it to all users, the user can record vocals in the creator's creative composition, complete and upload the recording, and the user can listen to and sponsor the published creative song and the recording.
A "Creator" is a person who uploads and publishes his or her creative compositions (accompaniment, guided vocals) to Lisnup for use and listening to by Lisnup users.
An "Artist" is a person who uploads a recording of vocals to Lisnup and releases it to Lisnup for Lisnup users to hear.
"User" means any User who has registered as a member of Lisnup and uses Lisnup, including Creators and Artists.
"Sponsorship" means the purchase of Gold Mic by the User in the manner prescribed by the Company and the payment to the Creator and Artist.
"Gold Mic" means something that can be converted into virtual item cash purchased by the user to support creators and artists.
A "creative composition" is a musical work that is copyrighted to the creator.
With respect to the meaning of terms not set forth in this Article, it shall be subject to the provisions of the relevant laws and regulations and general correlation practices.
Article 2 (Publication and amendment of the Terms)
The Company will refer these Terms and Conditions to Lisnup for creators to easily find or click on the Link to view them through the connection screen.
The Company may, if necessary, amend these Terms and Conditions to the extent that it does not violate applicable laws and regulations.
If the Terms and Conditions are amended in accordance with Paragraph 2, the Company will notify Lisnup 7 days before the effective date of the amendments and the effective date of the Terms. However, if the revision is significant or unfavorable to the creator, we will notify the creator at least 30 days in advance on the notification board or pop-up screen and notify the creator individually via text message or email.
If a creator does not agree with the amendments to the Terms, he or she may cease his or her Creator activities.
If, in accordance with Clause 3, the Company notifies or notifies the Creator of the amendments to the Terms, clearly stating that "if you do not indicate your intention not to agree to them before the effective date, you shall be deemed to have consented", but the Creator has not expressly expressed his or her intention to disagree with the amendments, the amended Terms shall be deemed to have agreed to the amendments and the amended Terms shall apply.
The terms and conditions amended by this section shall become effective from the effective date.
Article 3 (Effect of Terms and Conditions)
These Terms shall become effective and apply upon Creator's consent there to.
Matters not stipulated in these Terms and Conditions shall be as stipulated in the relevant laws and regulations such as the "Act on the Regulation of Terms and Conditions", the Act on Promotion of Information and Communications Network Utilization and Information Protection etc. (hereinafter referred to as the "Information and Communications Network Act"), the Act on the Consumer Protection in Electronic Commerce, etc. (hereinafter referred to as the "Electronic Commerce Act"), the "Basic Consumer Law", the "Copyright Act", etc., and the operating policies separately determined by the Company.
The Company may separately establish the terms and conditions for a particular service (the "Individual Terms"), and if the Creator agrees to the individual Terms, it shall apply to the Creator in conjunction with these Terms; however, if there is anything in the individual Terms that conflicts with these Terms, the Individual Terms shall prevail.
Article 4 (Creator Registration)
Lisnup users can apply to register as a creator at any time.
A person who wishes to register as a creator must first register for membership in the Lisnup app, then submit an application in accordance with the procedure established by the Company through the composer application page and agree to these terms and conditions, and if the company approves as a composer, he or she will be granted a composer account.
Creators can stop their Creator activity by stopping uploading and releasing new creative songs, and they can resume their activities at any time by uploading new Creations.
Article 5 (Composer's account management responsibility)
Creators are responsible for the management of their composer accounts.
The Creator shall be liable for any problems arising from the use of the Composer's Account to a 3rd party, in which case the Company shall not be liable unless there is willful intent or negligence. If the Creator becomes aware that the Composer's Account has been withdrawn or used in an unauthorized manner by others, he or she shall notify the Company immediately and shall comply with the Company's instructions and actions, if any. The Company shall not be liable for leakage or unauthorized use unless it is intentional or negligent.
In the case of Paragraph 3, if the Creator delays the notification of the Company until 5 days after the date of knowing the fact, or fails to notify the Company, or if the Creator fails to comply with the Company's instructions and measures even if notified, the Company shall not be liable for damages suffered by the Creator thereby unless there is wilful intent or negligence.
Article 6 (Contents of the Service)
The contents of the services provided by the company are as follows:
Upload and collaborate on creative songs
Sponsorship and marketing of creative compositions
SNS service where you can post images and articles
Services provided by other companies
The Company shall provide services 24 hours a day, 365 days a day, 1 day, unless there is a special obstacle in the business or in technology. However, if the system needs to be regularly checked or upgraded, the service can be suspended after notifying Lisnup in advance or notifying the creator.
Article 7 (Loss of Creator Qualification Limitation, etc.)
If a creator does any of the following, he or she may lose his or her eligibility as a creator:
When applying for composer registration, registering the portfolio of another person who has not been granted a license and rights.
Violates laws and regulations, violates social order, or harms the spirit of the spirit (taking narcotic hemp and psychotropic drugs, sexual assault, drunk driving hits, fraud, evasion of military service, school violence, etc.)
If a Creator has performed any of the acts in Paragraph 1, the Company may limit or disqualify the Creator as provided in each of the following paragraphs: However, even if you lose your Creator status, you can continue to use Lisnup as a user.
If the offense is determined to be serious, disqualificationIf it does not fall under the serious act of No.1, but repeats the same act more than 2 times, or if the Company has requested redress within 7 days and has not complied with it, the qualification shall be limited or suspended for a certain period of time.
If the company is disqualified under paragraph 1, a period of 10 days prior to the expungement of the creator's registration shall be set to give the creator the opportunity to make a call.
Article 8 (Sponsorship and Settlement of Gold Mic)
Creators can receive unlimited support for Gold Mic from users.
Gold Mic sponsored in accordance with Paragraph 1 shall be settled and paid in cash in accordance with the criteria set forth separately by the Company, and the settlement details will be notified when the settlement amount is paid.
Upon settlement of Clause 2, the Company shall pay the amount paid from the App Store operator (such as the Apple App Store or Google Play, etc.) without any tax fees and transfer fees.
Creators can convert their sponsored Gold Mic into cash, excluding fees, withholding taxes and deposit fees.
Article 9 (Management and responsibility of creative songs, etc.)
The Company may suspend posting to Lisnup and request that the Creator modify or delete the content if the Creator's creative song or post contains abusive language, profanity, slanderous insult, invasion of privacy, defamation, or violation of the National Security Law.
In the case of Clause 1, the Creator may submit the Call Materials to the Company, and if the Company fails to comply with the Company's request for modification or deletion without justifiable reasons, the Company may, in its sole discretion, notify the Creator and remove the Creative Song or Post in the event that it is an obstacle to the provision of the Lisnup Service.
In the event that the rights of the 3rd party are infringed or a legal dispute is issued due to the reasons in paragraphs 1 and 2 without attribution to the Company, the Creator shall bear the following liability:
Bear all responsibility for the resolution of legal disputes, including payment of fees for the resolution of legal disputes.
Liability for compensation in the event of damage to the company or 3rd party due to disputes attributable to the creator.
The Company may manage a Creator's creative song or post if the Creator is in a state of inability to express his/her intention and deems it expressly necessary for the Creator's benefit.
Article 10 (Copyright Policy of the Company)
The ownership and copyright of the creative works belongs to the creator, and the creator represents and warrants that he or she owns the ownership and copyright of the creative works uploaded and published to Lisnup.
By uploading and releasing their creations to Lisnup, the creators agree that Lisnup users are free to record vocals from within the app or share them on their feeds.
The Creator agrees that the artist or Lisnup user who recorded vocals in the creative work may identify, post, or upload the source and composer of the creative work to other social media channels, in which case the Creator's consent is limited to non-profit posting and uploading.
The creator guarantees that even if the creator registers the copyright with the Copyright Commission and signs a trust agreement with the Music Copyright Association or the Music Authors' Association with which it is affiliated with Lisnup, the creator does not interfere with the use of the creative works by Lisnup users even if the authorship is placed in trust or the property rights are transferred to a 3rd party, You agree to exercise your rights and obligations with respect to your creative compositions in accordance with these Terms.
The Company may edit, reproduce, distribute, publicly transmit the Creative Songs for the purpose of marketing Lisnup and promoting the Creator Creative Compositions, etc., and the Creator agrees.
If a creator withdraws from the composer's account, they may delete their own creative songs, but they agree to continue to use the same songs that the artist has already recorded vocals or that Lisnup users have shared on their feeds. If, as a result of the Company's explicit marketing and promotional activities, the creative songs of a particular creator and recordings in which the artist has recorded vocals generate revenue in a medium other than Lisnup, the Company Creator Artist shall conclude an agreement on revenue distribution and scope of rights, and the Creator shall faithfully comply with the above Convention.
Article 11 (Measures to deal with claims of copyright infringement by others)
If the Creator's creative song or post (hereinafter referred to as the "Work") infringes the copyright of others, or if the rightholder submits to the Company with the attachment of a calling material corresponding to any one of the following subparagraphs, the Company shall immediately cease to reproduce and transmit the Work(download, share other media, etc.) and within 3 days from the date of discontinuation, the claimant and the creator concerned. to be notified.
A copy of the registration certificate, such as a copyright, in which you are the rightholder of the work, or the equivalent of the A copy of the red crop or equivalent of a red crop that is marked as his full name or what is widely known as a tinnitus, etc.
If the Company notifies the Creator of the facts of Clause 1, it together informs the Creator that it may request its reproduction and transmission on the basis of its legitimate rights.
Creators who wish to request a resumption must submit to the Company within 30 days of being notified of the suspension with a call to the Company that corresponds to any one of the following subparagraphs to the resumption request: However, except in the case where the creator has a legitimate reason why it is difficult to attach the call material corresponding to any one of the following subparagraphs, and attaches a statement to the effect that "if the creator knowingly interferes with the work of the company by knowingly requesting resumption knowing that he has no legitimate rights, he will be punished."
A copy of the registration certificate, such as a copyright in which you are indicated as the rightholder of the work, or an equivalent material.
A copy of the work, such as your full name or a copy of the work with a widely known alias or equivalent.
A copy of the contract or equivalent of a contract proving that the person holding the copyright, etc., has lawfully authorized to transmit the reproduction.
A document that can be verified when the period of protection of the copyright rights of the work has ended.
If the creator requests the resumption of reproduction and transmission in the name of a legitimate right ,the Company will determine within 3 days from the date of the request whether it is due to the rightful right.
If it is recognized as being due to a legitimate right, the claimant shall be notified without delay of the fact of the request for resumption and the date of the scheduled resumption (which shall be the date of the period from 7 to 14 days of the date on which the request for resumption is received) and the reproduction and transmission shall be reopened on the scheduled date. However, this is not the case if the claimant notifies the company of the fact that he has filed a complaint for the above infringement before the scheduled date of resumption.The Company shall appoint a person to be responsible for the suspension and resumption request work in Paragraphs 1, 2 and 3 and notify the Lisnup App.
If the Company has taken all the measures in Paragraphs 1, 2 and 3, the Company shall not be liable for damages caused by infringement of rights protected by copyright and copyright law for any part that occurred after receiving the request to stop reproduction and transmission. In the case of Clause 3, if it is found that the creator has no legitimate rights, the damages incurred therefrom shall be compensated.
The Company's liability as set forth in thisArticle shall be waived in the event that the Company's technical and economic circumstances make it impossible tomanage and control the Work.
Article 12 (Middle ground of service, etc.)
The service may be suspended if external circumstances such as technical failures beyond the Company's control (such as the telecommunication carrier suspending or failing to provide the telecommunication service normally, and other similar circumstances, etc.) occur, or if force majeure such as a natural disaster occurs, and the Company is unable to provide the service.
Upon request from the investigating agency or the court, or upon decision or request by the Broadcasting and Communications Commission and the relevant public authorities, the Company may take action, such as suspending the Service, without prior notice to the Creator. However, the company will notify the creator after the fact, stating the reasons.
If the Company or the acquired Company is no longer able to provide the same services due to a deterioration in the Company's management or merger or acquisition with another company, the Company will notify the Creator in advance.
Pursuant to this Article, if the Company suspends or discontinues the Service, the Company shall not be liable for any loss or damage to the Creator.
Article 13 (Dispute Resolution and Jurisdiction)
In the event of any disagreement between the Company and the Creator regarding matters not stipulated in these Terms or Conditions or the contents of these Terms, the Company and the Creator shall decide in consultation and if no agreement is reached by consultation, it shall be subject to applicable laws and regulations and general correlation practices. In the event that a lawsuit is not resolved by Paragraph 1 or a dispute arising out of the use of the services provided by the Company, the jurisdiction of the trial shall be subject to the jurisdictional provisions of the Code of Civil Procedure.If a lawsuit arises because the dispute between the creator and the user is not resolved by consultation, the Company shall not intervene and the jurisdiction of the relevant trial shall be subject to the jurisdictional provisions of the Code of Civil Procedure.
These Creator Terms and Conditions shall come into force from Nov 10, 2022.