Last Modified: June 18, 2019
SECTION 17 CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER CLAUSE. IF YOU LIVE IN OR IF THE PRINCIPAL PLACE OF YOUR BUSINESS IS IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ON HOW DISPUTES BETWEEN YOU AND THE COMPANY WILL BE HANDLED. PLEASE REVIEW CAREFULLY.
NAVER WEBTOON Corp. ("NAVER WEBTOON") provides the services on, from, or through the WEBTOON Website and the WEBTOON App (collectively the "Service") to you, and its U.S. subsidiary, WEBTOON Entertainment Inc. ("WEBTOON ENTERTAINMENT"), provides the services related to the WEBTOON AD REVENUE SHARING PROGRAM (NAVER WEBTOON and WEBTOON ENTERTAINMENT are hereinafter together referred to as the "Company" or "We").
This Agreement applies to all users of the Service, including users who may contribute to the Digital Content and/or User Postings. Please read all of the Agreement posted on the WEBTOON Website or WEBTOON App carefully before using the Service. Although there are multiple translations of the Agreement, the English version of the Agreement shall govern in the event of a conflict between the terms of this Agreement.
In addition, when using the Service, you shall be subject to any posted guidelines or rules applicable to such service, features, or offers that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement.
The Company may at any time amend this Agreement by publishing amended versions on the WEBTOON Website and/or the WEBTOON App. You accept that by doing this, the Company has provided you with sufficient notice of the amendment. Although we will do our best to notify you of any major changes to the Agreement, you should also periodically review the most up-to-date version of the Agreement on the WEBTOON Website and/or WEBTOON App.
"Coin(s)" refers to the virtual currency that may be purchased and/or earned by you to access certain content offered by the Service.
"Digital Content" means webcomics, and digitized comic books, including single issues and trade publications, and other digital content including animations and sound effects provided on the Service.
"WEBTOON Website" means www.webtoons.com
"WEBTOON App" means, collectively, NAVER WEBTOON’s digital comics reader, storefront applications, websites and/or software (including any updates/upgrades to that software) through which you can: (1) browse, shop for, download and/or stream, read and/or otherwise use Digital Content or other items offered by us for use on one (1) or more select devices (e.g., smartphones, tablets, PC/Mac, et al.); and (2) manage your Digital Content and account settings.
"User Postings" means certain features of our Service which enables you or other end users to post on our Service, or submit to the Company, content, including text, data, photographs, graphics, images, information, and any combination of these elements.
4. Digital Content and Limited License Term
A. Digital Content. You understand and agree that the WEBTOON Website and WEBTOON App are owned by NAVER WEBTOON. The Digital Content provided on the Service is owned by NAVER WEBTOON or licensed by the copyright owner to NAVER WEBTOON. The WEBTOON Website, WEBTOON App, and Digital Content are protected by the copyright laws of the Republic of Korea, as well as other intellectual property laws and treaties. NAVER WEBTOON does not transfer any title, right or interest to or in the WEBTOON Website, WEBTOON App and/or Digital Content to you.
B. Use of Digital Content. Upon your download and/or use of Digital Content, NAVER WEBTOON grants you a limited, non-exclusive and non-transferable, non-sublicensable, revocable license to access, view, download, and use such Digital Content, and solely for your personal, non-commercial use consistent with the terms of this Agreement. The license does not confer on you any ownership interest in such Digital Content. Within the WEBTOON Website and WEBTOON App, you may access, view or use Digital Content and/or within the WEBTOON App, you may download Digital Content onto only one device which will be maintained for up to thirty (30) days and such Digital Content shall be automatically deleted after thirty (30) days. Digital Content is licensed to you by NAVER WEBTOON; not sold, transferred, or assigned to you.
C. Limitations. Unless otherwise stated in writing by NAVER WEBTOON, you must not copy, redistribute, sell, rent, lease, convey, reconvey or sublicense the Digital Content. You must not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Digital Content is wrapped or otherwise associated with, and you must not edit, modify, translate or create derivative works or adaptations of the Digital Content. You must not duplicate or otherwise reproduce (including but not limited to "burning") the Digital Content, or any portion thereof, onto any physical medium, memory or device (other than within your personal device authorized for download of Digital Content up to a thirty-day period), including but not limited to CDs, DVDs, computers or other hardware, or any other medium now known or hereafter devised.
5. WEBTOON Website and WEBTOON App
A. Use of WEBTOON Website and WEBTOON App. You may use the WEBTOON Website and WEBTOON App, including the software comprising them, solely on the number and type(s) (if so limited) of devices for which you downloaded such content. You may not separate any individual component of such software for use on another device or computer, may not transfer it for use on another device or computer or use it, or any portion of it, over a network, and may not sell, rent, lease, lend, distribute, or sublicense or otherwise assign any rights to such software in whole or in part.
B. Updates. In order to keep the WEBTOON Website and/or WEBTOON App up-to-date, NAVER WEBTOON may make available updates/upgrades to the WEBTOON Website and/or WEBTOON App. If you do not download such updates/upgrades, you may not receive certain features, functionality, or notices and/or you may lose certain features, functionality, or notices of the WEBTOON Website and/or WEBTOON App.
C. No Reverse Engineering, Decompilation, Disassembly, or Circumvention. You may not modify, reverse engineer, decompile, reproduce, copy, disassemble the WEBTOON Website and/or WEBTOON App or otherwise reduce the computer file in which the Digital Content is stored to a human-readable form, whether in whole or in part, create any derivative works from or of the WEBTOON Website and/or WEBTOON App, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the WEBTOON Website and/or WEBTOON App; e.g., by modifying, defeating, augmenting, or substituting any digital rights management functionality.
A. Users' Age Limit. You must be at least thirteen (13) years old (or equivalent minimum age depending on your jurisdiction) ("Minimum Age"). The use of the Service by anyone under the Minimum Age is unauthorized and unlicensed. By using the Service, you represent and warrant that you meet the foregoing requirement. If you do not meet this requirement, you must not access of use the Service.
If you are between 13 and 18 (or between the Minimum Age and the age of legal majority in your jurisdiction of residence, a "Minor(s)"), you may only use the Service under the supervision of a parent or legal guardian ("Representative(s)") who agrees to be bound by the Agreement.
The Company neither intentionally nor unintentionally collects information from children or Minors in cases where Representatives have not consented to the use of the Service by a Minor. However, if a Representative identifies that a Minor has provided us with personal information without the correspondent Representative’s permission, Representative should contact the Company at Customer Care. Upon Representative’s request, Company will delete any personal information of such Minor without any further recourse from the Representative. The Representative will fully indemnify and release the Company from any liabilities, damages, claims or any other legal actions in respect of the provision of the personal information of such Minor to the Company.
B. Compliance with Law and Reservation of Rights. You must use the WEBTOON Website, WEBTOON App and/or Digital Content in compliance with all applicable laws. All licenses are non-exclusive and all rights not expressly granted in this Agreement are reserved to NAVER WEBTOON.
We do not knowingly collect personal information from children under 13. Any parent or guardian who believes that a child may have provided personal information should contact us at Customer Care. In such a case, we will take necessary actions immediately to delete the personal information of children under 13.
8. Intellectual Property and Other Rights
The Service is owned and operated by NAVER WEBTOON, and Digital Content is licensed by the copyright owner to NAVER WEBTOON. Digital Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service, are protected by the laws of the Republic of Korea relating to the protection of intellectual property and proprietary rights, including copyright, patent, trade dress, and trademark laws, as well as laws relating to data protection and security. All Digital Content and the Service, including intellectual property rights herein and thereto, are the property of NAVER WEBTOON or its subsidiaries or affiliated companies and/or third-party licensors. You may not reproduce, distribute, rent, lease, sell, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, prepare derivative works based on, or otherwise use Digital Content except as expressly authorized by this Agreement. NAVER WEBTOON reserves all rights not expressly granted in this Agreement.
The Company may provide its own advertisements or any third parties’ advertisements to you online or offline, including but not limited to, on the WEBTOON Website and/or WEBTOON App, pursuant to the Agreement. Advertisements include, but are not limited to, the placement of promotional messages (including any related technology) for the purpose of publicizing a third party advertiser’s products or services. Advertisements may consist of text, graphics, audio and/or video or any combination thereof, and may direct a user to an external link (e.g., a landing page).
10. PURCHASING & REDEEMING COINS
Some aspects of our Service may include content that require the redemption of Coins. You may access such content by purchasing and/or earning Coins. You do not own the Coins regardless of whether you have "purchased" and/or "earned" them. Furthermore, Coins do not hold any "real world" value. You are granted a limited, non-transferable, revocable, non-exclusive license for personal use of the Coins to access certain content related to the Services.
A. Coins will be provided to you by the means specified by the Company such as purchases, special offers, and the like. Details regarding the payment methods, units, and all other conditions regarding Coins will be decided by the Company and displayed accordingly on the Service.
B. Coins cannot be exchanged or be used for any other purpose other than to access certain content offered by the Service. Company reserves the right to change the purchase price for the Coins at any time, and the number of Coins required for accessing the content will be determined by the Company from time to time and displayed accordingly on the Service.
C. Coins may only be used by the account that purchased and/or earned them. Furthermore, Coins cannot be transferred between devices running on different operating systems even if used under the same account, and it also cannot be used across different content languages. For the avoidance of doubt, Coins purchased from an account using iOS system to access content in English cannot be used from an Android system to access Japanese content (even if using the same account).
D. You agree that all Coin sales by the Company to you are final and will not be refunded for any reason unless required by applicable laws. If required by applicable law, the Company shall process refunds in accordance with the relevant laws.
E. Company may from time to time offer promotional Coins that you do not pay for, including any Coins we offer you in connection with your download and/or purchase of the WEBTOON App or other products, your use of the Service, or any other promotional activity ("Free Coins"). Free Coins may expire after a certain period of time, which Company shall designate from time to time. When you use Coins to redeem content, any Free Coins you have in your account will be applied first, followed by your purchased Coins.
F. You are not allowed to transfer Coins outside of the Services (e.g. selling, gifting, or trading them), nor sublicense, trade, sell, or attempt to sell Coins for real money, or exchange Coins for value of any kind outside of the Services. Any such transfer is prohibited and void.
G. Upon one (1) month prior notice to you, we may, for business or technical purposes discontinue the usage of Coins from our Service. In such event, all unused Coins will expire immediately on the specified discontinuance date.
11. Suspension of Access
We may modify, suspend, or discontinue access to certain Digital Content in the event of a rights issue or other business or legal issue.
Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Service and/or Digital Content, and the Company reserves the right to immediately revoke your access to the Service and/or Digital Content. The Company’s failure to exercise or enforce any term of this Agreement will not constitute a waiver of such term or any of the Company’s rights or remedies.
13. Disclaimer of Warranties
USE OF THE WEBTOON WEBSITE, WEBTOON APP AND/OR DIGITAL CONTENT IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY CREATES A WARRANTY, AND THE WEBTOON WEBSITE, WEBTOON APP AND/OR DIGITAL CONTENT ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, TABLET, LAPTOP OR DESKTOP DEVICE, COMPUTER SYSTEM, OTHER HARDWARE, OR SOFTWARE, OR FOR ANY LOSS OF OR DAMAGE TO DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER THAT MAY RESULT FROM YOUR USE OF THE SERVICE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, THE COMPANY AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE WEBTOON WEBSITE, WEBTOON APP AND/OR DIGITAL CONTENT, SUCH AS ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, USE OF THE WEBTOON WEBSITE, WEBTOON APP AND/OR DIGITAL CONTENT OR ANY ASSOCIATED PRODUCT, OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE WEBTOON WEBSITE, WEBTOON APP AND/OR DIGITAL CONTENT, AND SOFTWARE IS AT YOUR SOLE RISK. FOR FREE OF CHARGE SERVICE, THE COMPANY AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS INCURRED TO YOU.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN ANY CASE, THE COMPANY'S AND ITS AFFILIATES’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY CLAIM RELATING TO PURCHASE OF COINS IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE COINS. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless the Company and its affiliates against any losses, liabilities, claims, causes of action, and expenses (including, but not limited to, reasonable attorney’s fees and costs of investigation, whether before or after assertion of a formal claim, and reasonable litigation expenses) arising out of or relating to your use of the Service, your User Postings, your violation of this Agreement, or your violation of any applicable law or regulation.
16. Geographic Restrictions and Governing Law; Disputes
We provide the Services for use by persons located in the United States. We make no claims that the WEBTOON Website or WEBTOON App, or any of the Service is accessible or appropriate outside of the United States. Access to the WEBTOON Website or WEBTOON Services may not be legal by certain persons or in certain countries. If you access the WEBTOON Website or WEBTOON App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You agree that all matters relating to the WEBTOON Website, WEBTOON App, and the Agreement, and any dispute or claim arising therefrom will be construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. You agree that any legal suit, cause of action or proceeding that may arise out of, or related to this Agreement shall be instituted exclusively In the federal courts of the United States or the courts of the State of California, in each case located In the City of Los Angeles and County of Los Angeles although we retain the right to bring any suit, action, or proceeding against you for breach of the Agreement in your country of residence or any other relevant country. You waive any and all objections to exercise of jurisdiction over you by such courts and to venue in such courts.
17. Arbitration and Class Action Waiver
At Company's sole discretion, it may require you to submit any disputes arising from the Agreement, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. Where permitted under applicable law, you agree that you may bring claims against the Company only in your individual capacity and not as a plaintiff or class member in any purported class or representative action.
18. Complete Agreement and Severability
The Agreement is the entire agreement between you and the Company regarding the Service and/or Digital Content, and supersedes all prior understandings regarding such subject matter. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
We may amend any of the terms of the Agreement in our sole discretion by posting the amended Agreement on the WEBTOON Website and/or WEBTOON App. Your continued use of the Service and/or Digital Content after the effective date of any such amendment constitutes your agreement to be bound by such amendment.
20. Contact Information
For help with the Service and/or Digital Content, please contact Customer Service at Customer Care.
WEBTOON™ Policies for Handling Personal Information
Last Modified: July 30, 2019
The NAVER WEBTOON CORP. (hereinafter "the company") handles WEBTOON users’ personal information according to the following policies.
Articles of personal information collected
You can create a WEBTOON account using your email address, Nickname and password. If you use an email address to create an account, you cannot change the email address associated with the account later. You may, however, edit your Nickname and password at any time.
The company also supports various social networking service ("SNS") logins for convenient member registration and service provision, and during this process processes the following personal information.
- - Register with LINE: ID, Nickname
- - Register with Facebook: ID, Nickname
- - Register with Twitter: ID, Nickname
- - Register with Google: ID, Nickname
If you choose to create an account using an SNS login, you can still add an email address and/or Nickname to your profile. This is optional and you can edit your email address and Nickname at any time.
We also collect the email address of applicants to WEBTOON Canvas, and reserve the right to collect contact information and item delivery information when you contact us or if you are sent items during a special event.
When you use our service, your network information(IP address, nation based on IP address, types of network, etc.), records of service use(frequency of use, coin usage, visited or consumed product, etc.), device information(make, model, OS, etc.) are generated and may be collected.
Methods of collecting personal information
The company collects the following information in order to provide you with its services.
- - Information submitted directly by users when registering for or using the WEBTOON service
- - Information provided to us by affiliated companies
- - Information automatically generated and collected in the course of using the service
Use of 3rd Party Analytics
The company uses DoubleClick cookies. The cookie ID is used for the purpose of analyzing the effectiveness of advertisements and not displaying the same ads over and over again. Users can stop the use of DoubleClick cookies by visiting and changing Google's advertisement settings [here]
Some of the advertisements you see on WEBTOON are tailored to your interests and based on your online browsing activity. You may opt-out these 'tailored advertisements' from third-party ad providers who are members of The Network Advertising Initiative (NAI) and the Digital Advertising Alliance (DAA) by clicking [here]. You may also find additional details on how to opt-out on your mobile devices [here]. Please note, opting out of interest-based advertising does not mean you will no longer see advertising on our platform. Upon opting out, the company or companies which you opt out from will no longer show advertisements that have been tailored to your interests.
The purpose of collecting and using personal information
The company makes use of collected information for the following purposes.
- - Helping users make use of the service more smoothly
- - To distinguish users and prevent improper usage of the site
- - To generate statistical data pertaining to usage of the service
- - To conduct surveys and analyses necessary for improving the service
- - To draw tickets and send out prizes for campaigns and events
- - To confirm a user’s identity when we receive an inquiry and to be able to respond to it
- - For payment and billing when a user purchases a product or uses a service which is not free
- - To send users important notifications when necessary
- - To disseminate advertisement information for events
Sharing and provision of personal information
As a rule, the company does not share user information with external parties without prior consent from users. However, the following instances are exceptions.
- - When users have agreed to information sharing
- - When it is required by law
Consignment of personal information handling
The company has consigned the collection of personal information for the provision of its services in the following manner.
Information concerning the consigned companies and their duties:
(1) Customer inquiries: LINE Plus Corporation
(2) Infrastructural operations and prevention of inappropriate usage: NAVER Business Platform Inc.
(3) System Operations and Data Analysis : NAVER Corporation
(4) Payment processing : LINE Corporation
The rights of users and legal representatives and how to exercise them
- - Users and legal representatives may at any time view or edit their own registered personal information or that of a minor who is less than 13 years of age. They may also request the deletion of their account.
- - When a user requests an amendment to incorrect personal information, we do not use or provide the personal information until it has been corrected. In addition, if incorrect personal information has already been provided to a third party, we notify the third party immediately of the amendment to be made and ensure that the information is corrected.
- - The company processes personal information suspended or deleted upon the request of a user or legal representative as per the section "Period of storage and usage of personal information." We ensure that the information cannot be viewed or used for any other purpose.
Installation, management and refusal of automatic personal information collection devices
- - Purpose of using cookies
We use and analyze cookies from services used or websites visited by users in order to provide users with optimal service.
- - Installing, managing and refusing cookies
The user has the right to choose their cookie settings. By using the options provided by their browser or OS, the user may allow or refuse cookie storage. However, when cookie storage is refused, users may experience difficulties using certain services which require login.
- - Purpose of using cookies
Period of storage and usage of personal information
As a rule, the company eliminates records of users’ personal information once the purpose of their collection and usage is accomplished. However, in cases where records need to be stored according to the company’s internal policies or relevant legislature, we reserve the right to store personal information for a certain period of time.
The process and methods of eliminating personal information
The process and methods of eliminating personal information are as follows.
- - Process of elimination
Once the purpose of information entered by users to make use of the service has been accomplished, it is stored for a certain period of time and then eliminated as per the company’s internal policies and relevant legislation. Unless it is stipulated by law, the personal information will not be used for anything other than storage.
- - Methods of elimination
Personal information printed on paper is shredded, and information stored electronically is permanently deleted so as to prevent it from ever being used again.
- - Process of elimination
For inquiries concerning the protection of personal information
If you have any questions, concerns or inquiries concerning the Policies for Handling Personal Information, you may send them to our personal information management department at: Customer Care.
Scope of effectiveness
The Policies for Handling Personal Information do not apply to information collected by other companies through linked pages within the service.
Amendments to the Policies for Handling Personal Information
If any additions, deletions or amendments are made to the Policies for Handling Personal Information, a notification will be posted on the "Notice" page at least 7 days prior to any changes made. However, for significant changes made to user rights such as the collection and utilization or provision to third parties of personal information, we will post a notification 30 days in advance.
WEBTOON™ Community Policy and Uploading Guidelines
Last Modified: July 30, 2019
WEBTOON is more than comics. We are a diverse community of creatives, illustrators, artists, writers, and fans. We are a storytelling destination that pushes the boundaries of creativity, art, and narrative. We value inclusivity and authenticity, and as a platform, WEBTOON strives to provide a safe and welcoming space for all creators and readers. To ensure this, we have outlined our community policy below.
Abusive or Hateful Content
Malicious or abusive content or comment toward creators or other users is not allowed. This includes revealing an individual’s personal information (e.g. real name, contact information, address, social security numbers etc.).
Hateful content or comment that promotes or encourages violence, or has the primary purpose of inciting hate towards individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, gender identity, political orientation, etc. is not allowed.
Posting, distributing or transmitting any third party’s copyrighted content without the copyright holder’s consent is not allowed. Examples of prohibited content include:
• Posting, distributing or transmitting any third party’s copyrighted content without the copyright holder’s consent
• Using a creative work commercially without proper permission
• Copying or linking materials from another website or service without permission
• Providing free downloads of copyrighted CDs, sharing serial numbers or CD keys, or selling backup CDs of copyrighted material
• Infringing any third party’s intellectual property right including, without limitation, copyright, trademark, design rights, patent rights, etc.
Mature or Sexual Content
Content that contains nudity or intended to be sexually gratifying is not allowed. This includes, but is not limited to, full and partial nudity, as well as graphic depictions of sexual acts.
The ‘Mature Content Warning’ feature should be used to identify mature themes and content, including topics of sexuality. However, please note that utilizing the ‘Mature Content Warning’ feature does not mean that nudity or explicit sexual content is allowed on the platform.
Violent or Graphic Content
We do not allow graphic depictions of gratuitous violence, or content that promote acts of violence. Examples of prohibited content include:
• Brutal, extended, graphic acts of violence
• Depiction of sadism, or glorification/promotion of inflicting harm on others
• Glorification or promotion of self-harm
Spam and Advertising
Posting unsolicited or unwanted content or links is not allowed. This includes creating profiles or uploading content with the primary purpose to drive traffic to external websites. Using automated means to increase view counts or perform social interactions, or creating multiple accounts to increase view counts or perform social interactions will result in account suspension or removal.
Reporting Inappropriate Content
To report inappropriate comments, click on the “Report” link below every comment. Reported comments will be reviewed by our moderation team, and comments in violation with our policies will be removed. Users with multiple violations may be suspended or permanently blocked from commenting.
Reporting Series and Episodes
To report episodes that violate our content guidelines, click on the “Report” button available at the end of each episode.
Episodes with multiple reports may be automatically removed until further review. If the same episode or series is reported repetitively, and if we determine that the report is justified, the episode or series may be removed, and the user will receive a warning for inappropriate content.
In cases where the content is found to be excessively inappropriate or a user has multiple violations, we may suspend or terminate the user’s account and access to the platform.
If your content has been removed due to policy violations, you may contact our Creator Support team at email@example.com.
Process for Reporting Copyright Infringement
If you believe a user's content violates your copyright or if you are the legal representative to represent the copyright holder, you may send a takedown notice to firstname.lastname@example.org with the following information. These requests should only be submitted by the copyright owner or any agent authorized to act on the owner’s behalf.
• A signature of the copyright holder or the copyright holder’s legal representative;
• Materials which prove that the person is the copyright holder;
• The specific URL of the infringing content on WEBTOON;
• Information of the copyright holder or legal representative sufficient to permit the service provider to contact you such as address, phone number, or e-mail address;
• A statement that you have good belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
• A statement that the information in this notification is accurate, and under penalty of perjury, you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
When we receive a takedown notice, we will immediately take down the content at issue and notify the user. If we do not receive a response from the user within 14 days, the content will remain blocked.
If you believe that your content that was removed is not infringing, or if you have authorization from the copyright holder, the copyright owner’s agent, or pursuant to law, you may send a counter-notice to our email@example.com with the following information.
• Your physical or electronic signature;
• Identification of the removed content and the specific URL of the content on WEBTOON;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content;
• Your name, address, phone number, and e-mail address;
• A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
When a valid counter-notice is received, we may forward the notice to the notifying party who submitted the original copyright infringement notification. The original notifying party will then have 10 days to file legal action relating to the allegedly infringing material. Unless notice of legal action is received, the removed content may be replaced in 10 business days or more at WEBTOON’s sole discretion.
Questions and Feedback
If you have any questions or feedback about our community and content guidelines, or if have safety concerns about the platform, feel free to contact us at firstname.lastname@example.org.
WEBTOON™ Ad revenue sharing program terms of service
Last Modified: June 18, 2019
THESE TERMS OF SERVICE ("TERMS") SET OUT BELOW GOVERN YOUR PARTICIPATION IN THE WEBTOON AD REVENUE SHARING PROGRAM. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
The WEBTOON AD REVENUE SHARING PROGRAM (the "Program") is operated by WEBTOON ENTERTAINMENT INC. ("WEBTOON" or "we"), a Delaware corporation and US subsidiary of NAVER WEBTOON Corp., a Korean company ("NAVER"). While NAVER provides the service of the WEBTOON Website and APP ("Service") to users, WEBTOON operates the Program in accordance with these Terms.
The Program provides a participatory revenue stream to creators who (i) become a Member, defined below, of the Program in accordance with these Terms, and (ii) thereafter, elect to allow the placement of advertising in association with series owned by such creators and published on the Service. Specifically, upon applying for participation in the Program and electing to allow for the placement of such advertising, the participating creators ("Members") will receive a portion of the Net Ad Revenue, defined below, generated by WEBTOON from such advertising, as set forth in these Terms.
Only those creators who become Members in the Program in accordance with these Terms and whose series is approved by WEBTOON for Ad Display, defined below, will be entitled to share in the Net Ad Revenue.
THERE IS NO GUARANTEE THAT MEMBERS WILL RECEIVE NET AD REVENUE AS A RESULT OF THEIR PARTICIPATION IN THE PROGRAM.
By participating in the Program or clicking on the "Agree" button below, you agree to be bound by the Agreement, including these Terms. NAVER and WEBTOON reserve the right to modify or amend these Terms and/or the Agreement at any time by publishing an amended version on the WEBTOON Website and/or the WEBTOON App. Although NAVER and WEBTOON will try to notify you when major changes are made to the Agreement and/or these Terms, you should periodically review the most up-to-date version thereof, as you will be bound by the terms of the most current form of the Agreement and these Terms. Changes to the Agreement and/or these Terms will generally become effective 30 days after they are posted. However, changes addressing new functions for the Program or changes made for legal reasons will be effective immediately. If you do not agree to any modifications or amendments to these Terms and/or the Agreement, your sole recourse is to immediately cancel your membership in the Program, as provided at your dashboard, and to cease using the Service.
Please read these Terms and the Agreement carefully. Your participation in the Program is only as permitted by these Terms and any applicable laws.
1 . Joining the Ad Revenue Sharing Program
1 . 1Joining the Program
- -You are eligible to become a Member of and participate in the Program in the event that you (i) have one or more series in service on your WEBTOON account, (ii) are the older of (A) 18 years of age, or (B) of legal age or capacity to form a binding contract under the laws of the country in which you are resident or from which you intend to access and/or use the Services, and (iii) agree to these Terms by clicking on the "AGREE" button below.
- -In order to participate in the Program, you must apply and receive WEBTOON’s written approval, which, if so approved, will appear at your dashboard. WEBTOON reserves the right to refuse or limit your access to the Program.
- -In furtherance of the foregoing, you represent to us that you are at least 18 years of age or of legal age or capacity to form a binding contract under the laws of the country in which you are resident or from which you intend to access and/or use the Services. We may terminate your participation in the Program if it comes to our attention that you are under 18 years old and/or not of legal age or capacity to form a binding contract under the laws of the country in which you are resident or from which you intend to access and/or use the Services. WEBTOON is not responsible for any consequences, financial or otherwise, arising from or in any way related to your participating in the Program if you are under 18 years old or are not of legal age or capacity to form a binding contract under the laws of the country in which you are resident or from which you intend to access and/or use the Services.
- -If you are applying to participate in the Program on behalf of a business or entity, you represent and warrant that you have the full legal authority to bind the business or entity to the Agreement and these Terms and further agree to indemnify and hold NAVER and WEBTOON, together with their respective officers, directors, owners, partners, agents, and employees, harmless from and against any and all claims, losses, damages, judgments, suits, actions, and/or costs and expenses, including, without limitation, attorney fees and costs, arising from or related to use of the Service by such business or entity, violation of the Agreement and/or these Terms by such business or entity, and/or participation in the Program by such business or entity.
- -Approval by WEBTOON of your participation in the Program does not guarantee that you will receive any Ad Display and/or Net Ad Revenue. For the minimum requirements for Ad Display, please refer to Paragraph 2 below.
1 . 2Turning-Off Ad Display
You may turn-off Ad Display on your Approved Series at any time and, in such event, you will cease to generate any Net Ad Revenue as of the date of your cancellation; however, you will remain as a Member of the Program. You may reapply immediately for Ad Display after cancellation, pending approval for subsequent Ad Display.
1 . 3Opting Out of the Program
- -You may opt out of the Program at any time.
- -In the event you elect to opt-out or are removed from the Program by WEBTOON, you may be eligible to rejoin the Program upon (i) reapplying to WEBTOON to become a Member of the Program, and (ii) being approved by WEBTOON, in its sole discretion, (iii) as well as satisfying any conditions then required by WEBTOON, provided, however, that in no event may you reapply to participate in the Program for (2) months following the date upon which you opted-out or were removed from the Program.
- 1 . 1Joining the Program
2 . Ad Display
2 . 1Definition of "Ad Display"
For purposes of these Terms, "Ad Display" means the placement of promotional messages (including any related technology) on some or all of the inventory of your series for the purpose of publicizing a third party advertiser’s products or services. Such Ad Display may consist of text, graphics, audio and/or video or any combination thereof, and may direct a user to an external link (e.g., a landing page).
2 . 2Requirements for Ad Display
After joining the Program, you may apply for Ad Display for each series that you own and is exhibited on the Service, provided that each such designated series satisfies all the requirements below:
- ① Over 40,000 US Monthly page views; AND
- ② Over 1,000 Total Subscribers
* Calculation of US monthly Pageviews and Total Subscribers are based on the last day of the previous month.
2 . 3WEBTOON Review
Once you have been accepted as a Member of the Program and requested Ad Display for a particular designated series, WEBTOON will review your request, including, without limitation, suitability of the series you have requested for Ad Display. (Note that this review may require a few weeks.) WEBTOON reserves the right to approve or disapprove any requested Ad Display in its sole discretion. If your request is disapproved due to content related issues, you may reapply after revising your content in accordance with the Community Policy and Uploading Guidelines. You can check the review status of your application in the ‘AD SHARING’ tab on your dashboard. In addition, WEBTOON may, in its discretion, send you an individual email notification should your request be disapproved.
2 . 4Approved Series
In the event WEBTOON approves your requested series for Ad Display ("Approved Series"), WEBTOON will thereafter seek to embed advertising into the Approved Series. The type of the Ad Display, as well as the location for placement of such Ad Display within your Approved Series, shall be determined by WEBTOON in its sole discretion. In the event you do not wish to exhibit any Ad Display embedded into your Approved Series by WEBTOON, your sole right and remedy is to turn-off Ad Display on your series and/or opt out of the Program entirely, which you can do at any time. In furtherance of the foregoing, please consider that the actual advertisers and the content of each advertisement constituting any Ad Display will be automatically determined by WEBTOON’s ad platforms (e.g. Google or Facebook) through their respective systems and without input or direction from WEBTOON unless the advertisement is placed as the result of a direct sale. WEBTOON can decide on the type of the Ad Display (for example, a link, video ad or pop-up) and the location within the Approved Series.
2 . 5Legal Rights/Ownership.
Ad Display is available to you only if you own and/or have the legal right to publish the Approved Series. DO NOT APPLY FOR AD DISPLAY WITH RESPECT TO ANY SERIES WHICH YOU DO NOT OWN OR HAVE THE LEGAL RIGHT TO PUBLISH. You cannot apply for Ad Display using other creator’s original work or derivative, modified or edited works based on such other creator’s work unless you have received written approval from the copyright owner. WEBTOON cannot grant you any permission to use another creator’s content, nor can it release any creator’s contact information. Even if you have received the copyright owner’s permission in writing to publish the subject content (which you agree to provide to WEBTOON upon request by WEBTOON), WEBTOON may, in its sole discretion, disapprove Ad Display related to such content, cancel your participation in the Program, or withhold or refuse to distribute any Net Ad Revenues in the event any person or entity raises any copyright infringement or other claims related to the subject content. Furthermore, you agree to indemnify and hold WEBTOON and NAVER, together with their respective officers, directors, owners, subsidiaries, affiliates, partners, agents and employees, harmless from and against any and all claims, damages, actions, costs and expenses related to or arising from your use of such content, including, without limitation, violation of any governing copyright laws.
2 . 6Availability of Advertising.
All Ad Display is subject to the availability of third party advertising in WEBTOON’s Ad Display inventory. Accordingly, there is no guarantee that even if you are accepted to the Program and your request for Ad Display is approved, that there will be Ad Display available for embedding into your Approved Series.
Note! Users who upload content are solely responsible for compliance with all governing law, including, without limitation, all copyright laws. By accepting these Terms, you hereby agree to indemnify and hold WEBTOON and NAVER, together with their respective officers, directors, owners, subsidiaries, affiliates, partners, agents, and employees harmless from and against any and all claims, damages, costs and expenses in any way related to or arising from your content, including, without limitation, violation of any governing copyright laws.
Note! When two or more creators created the Approved Series, the creator who uploaded the Approved Series to the Service hereby agrees to distribute the Ad Revenues generated by Ad Display related to such Approved Series, if any, to the other creators ("Other Creators") thereof in accordance with the agreements between you and the Other Creators of the Approved Series. WEBTOON and NAVER hereby disclaim any and all responsibility for payment to the Other Creators of the Approved Series. WEBTOON and NAVER further disclaim any and all responsibility for violation of copyright or other laws by the creators. The creators, including you and the Other Creators, jointly and severally, shall be liable for any and all matters related to all content, including the Approved Series, they created, including, without limitation, any copyright infringement.
- 2 . 1Definition of "Ad Display"
3 . Participation in Net Ad Revenues
WEBTOON will distribute a portion of the Net Ad Revenues, defined below, generated by Ad Display to Members of the Program as set forth below.
3 . 1Type of Revenues: Ad Revenues
- -For purposes hereof, "Net Ad Revenues" mean that amount equal to the gross amount actually received by WEBTOON from the third party advertiser related to the subject Ad Display attached to your Approved Series less all operational costs and expenses of WEBTOON and NAVER, including, without limitation, fees paid to third parties, all as determined by WEBTOON.
-Subject to these Terms, WEBTOON will share fifty percent (50%) of the Net Ad Revenues with the Member who is the creator of the Approved Series (or where multiple creators, the creator who uploaded the Approved Series), as further set forth below.
There are no guarantees about how much, or whether, you will be paid any Net Ad Revenue.
You will only be entitled to receipt of Net Ad Revenues generated from Ad Display embedded in your Approved Series. All other revenues generated from advertising inventories of the Service not associated with your Approved Series belong to WEBTOON.
3 . 2Account/Monthly Ad Sharing Update
Upon acceptance into the Program, WEBTOON will establish a Net Ad Revenue account ("Account") and related "AD SHARING Tab" for you. Thereafter, your portion of Net Ad Revenue, if any, will be posted to your Account on a monthly basis, and updated in the AD SHARING Tab on the 21st day of the following month. You will not receive an individual email notification indicating that you have received payment of any Net Ad Revenue or that your Account has been updated.
3 . 3WEBTOON’s Right to Refuse Payment
You will have no right to any Net Ad Revenue in your Account if the Approved Series or your use of the Service materially violates the Agreement and/or these Terms, which violations may include, without limitation, the following:
- •Your Approved Series or other of your content is in violation of the Community Policy and Uploading Guidelines;
- •Third parties claim rights regarding the Approved Series and/or other of your content, including, without limitation, copyright claims;
- •Your membership in the Program is suspended or cancelled; or
- •The Ad Display on the Approved Series has been suspended by WEBTOON.
- 3 . 1Type of Revenues: Ad Revenues
4 . Payment
4 . 1Payment Conditions
You are only entitled to payment of Net Ad Revenue if the balance in your Account exceeds the minimum threshold amount of US$100. Furthermore, monthly payments to you are released only in US$100 increments and you are not entitled to receive payment of amounts less than US$100.
Note! You do NOT have the right to payment for amounts in your Account which are less than the minimum threshold amount of US$100 or are less than $US100 per payment.
4 . 2Payment Schedule
The balance in your Account will be updated on the 21st day of the following month and displayed on the AD SHARING Tab as of that date. You will not receive a separate email notification respecting payment updates. Provided you are in compliance with the Agreement and these Terms, in each month in which the current balance in your Account exceeds the minimum threshold amount of US$100, you will receive payment not later than the 15th day of the then following month of amounts in your Account equal to US$100 increments, provided, however, that WEBTOON reserves the right to delay payment of sums owing to you hereunder in the event it suspects you have violated the Agreement and/or these Terms.
4 . 3Payment Method: Patreon ID
In order to receive payment, you must register with and maintain a valid Patreon ID in the AD SHARING Tab on your dashboard. WEBTOON is not responsible for any wrongly or unpaid Net Ad Revenue due to incorrectly entered Patreon account information.
4 . 4Payment Restrictions
You will not be entitled to payment of any Net Ad Revenue in your Account, whenever such Net Ad Revenue was accrued, in the event you are in violation of this Agreement, these Terms and/or any governing laws and/or regulations, as determined by WEBTOON or NAVER, in their sole discretion.
The fact that your AD SHARING Tab may show a balance in your Account does not in any way guarantee payment to you of that amount so displayed or any other amount.
4 . 5Payment Example
Let’s say you had a previous balance of US$20 in your Account as of June 1.
- •If you have earned US$70 of Net Ad Revenue during June, that amount will appear on your dashboard on July 21st. In this case, your balance would then be US$90 (previous balance of US$20 + your June Net Ad Revenue sharing of US$70). However, there would be no payment in July, as your balance did not meet the minimum threshold amount of US$100. The balance of $90 carries over to the next month.
- •If you have earned US$110 during June, your balance would then equal US$130 (previous balance of US$20 + June your portion of the Net Ad Revenue of US$110) on July 21st and you would be paid US$100 by the end of July. Your Account will have US$30 as a remaining balance after payment, and the US$30 carries over to the next month.
4 . 6Taxes
You are solely responsible for the payment of all taxes (if any) associated with your participation in the Program, including your receipt of any Net Ad Revenue, as well as the preparation and timely filing of all documentation required by taxing authorities having jurisdiction over you and/or your activities. All payments to you from WEBTOON, whether through Patreon or otherwise, in relation to the Program will be treated as inclusive of tax (if applicable) and will not be adjusted.
Note! If you opt-out of your membership in the Ad Revenue Sharing Program or delete your Account at any time in which there is a balance of $10 or more in your Account, WEBTOON will pay you amounts in excess of $10. Any balance reflected in your Account below the applicable threshold of $10 will remain unpaid.
- 4 . 1Payment Conditions
5 . Usage Restrictions
WEBTOON and NAVER periodically check whether your content or your use of the Service violates the Agreement and/or these Terms. Please read the following carefully so that you can enjoy the Service and participate in the Program without any restrictions. Furthermore, we ask that you keep your personal information (ID and password) strictly confidential.
5 . 1Causes for Restricting or Terminating Usage of the Service and/or Participation in the Program
1 )Prohibited Actions
The following actions are prohibited under any circumstances:
- •Continuously and repeatedly clicking episodes or series by any means such as macro programs or manual clicks;
- •Altering or modifying information collected or provided by WEBTOON and/or NAVER for operating the Service and/or the Program;
- •Failing to comply with the Agreement and/or these Terms;
- •Otherwise adversely affecting the operation of the Service and/or the Program by other illegal or harmful means; and/or
- •Invalid Clicks, discussed at Section 5.1(2) below.
2 )Invalid Clicks and Actions which Induce Them
Clicks on any Ad Display are assumed to be based on the interest of visitors to the Service. Meaningless repeated clicks and ‘clickbait’ phrases created by macro programs or individual users are considered ‘invalid clicks’ ("Invalid Clicks"). WEBTOON strictly prohibits generating or inducing Invalid Clicks by any means whatsoever, including, without limitation, as follows:
- •Continuously and repeatedly clicking Ad Displays, whether such Ad Displays are attached to your content or the content of other users;
- •Including phrases, figures, images, etc. in your content which induce visitors to click Ad Displays on your content or the content of other users, such as "Click this ad", "Please help", "Click the link", etc.;
- •Using email, messenger, text messaging, etc. to send messages requesting clicks; and/or
- •Using robots, automated click and exposure-generating tools, automatic web browsing, click exchange programs, or any other illegal means to artificially generate clicks.
3 )Transferring Accounts
You may not, and agree not to, share, provide, transfer, sell or resell access to your Account.
4 )Publishing Inappropriate Content
You may not, and agree not to, publish content which violates the Agreement and/or these Terms. WEBTOON periodically reviews your content for compliance with the Agreement and these Terms and in the event that WEBTOON determines that any of your content, including any Approved Series, is in violation of the Agreement and/or these Terms, your Account and/or access to the Service and/or the Program may be restricted, all as determined by WEBTOON in its sole discretion.
Again, the standards for content can be found in the Community Policy and Uploading Guidelines, available at the link below:
Note! You should mark your series as "Mature" if it may contain explicit content, provided, however, that all content must meet requirements of the Community Policy and Uploading Guidelines whether or not you chose to mark your series as "Mature".
Note! If you violate copyright law and/or otherwise infringe on the rights of any third party, your content will be removed by WEBTOON, your use of the Service and your participation in the Program will be restricted immediately, and no payment of Net Ad Revenue or otherwise will be made to you. As stated above, the user who uploaded the content will bear full responsibility for failure to comply with all laws, including, without limitation, copyright laws.
5 )Malicious Actions Against Other Users
You agree not to take any malicious, abusive, threatening or demeaning action against other users of the Service or the WEBTOON community, as determined by WEBTOON in its sole discretion. By way of example only, "malicious action" might include destructive criticism, cursing, stalking, impersonation, or invasion of privacy in any form or by any method. WEBTOON reserves the right to terminate your participation in the Program and cancel your Account, as well as terminate your right to utilize the Service, in the event WEBTOON determines that you have engaged in any such malicious action.
- 1 )Prohibited Actions
5 . 2Usage Restrictions
In the event that WEBTOON finds that you have violated the Agreement and/or these Terms, you will be notified by e-mail, which e-mail may include restrictions respecting your participation in the Program and/or your content and/or Ad Display, as determined by WEBTOON in its sole discretion. Your violation history will be stored in the WEBTOON back-end system. If you violate the Agreement more than once or if the nature of your violation is deemed by WEBTOON to be serious, WEBTOON has the right, as determined by WEBTOON in its sole discretion, to cancel your membership in the Program, terminate any Ad Display then embedded in any Approved Series, and/or terminate your right to use the Service.
1 )Usage Restrictions for Content
Note! If you violate copyright law and/or otherwise infringe on the rights of any third party, your content will be removed by WEBTOON, your use of the Service and your participation in the Program will be restricted immediately, and no payment of Net Ad Revenue or otherwise will be made to you. As stated above, the user who uploaded the content will bear full responsibility for failure to comply with all laws, including, without limitation, copyright laws.
2 )Restrictions on Ad Display
In the event that WEBTOON discovers that you have committed a prohibited technical act, including, without limitation, Invalid Clicks, and/or engaged in actions which induce such prohibited technical acts, and/or your Approved Series or other content violates the Agreement and/or these Terms, WEBTOON may turn-off any Ad Display embedded in any of your content for 2 months or more. The rights of WEBTOON to cancel your Ad Display as a result of your engagement in prohibited acts is in addition to the other rights of WEBTOON, including, without limitation, to terminate your participation in the Program and terminate your Account.
If your Ad Display is turned-off by WEBTOON based on your commission of any acts prohibited under these Terms, you will not be entitled to receive any Net Ad Revenue accruing from the subject series as of the date of termination. You will not be entitled to any Net Ad Revenue accrued from the subject series gained during the cycle in which the date of termination occurs.
3 )Suspension and Termination of Program Accounts
In the event that WEBTOON finds that any of your content violates the Agreement and/or these Terms or that your content is adversely affecting the operation of the Service, as determined by WEBTOON in its sole discretion, WEBTOON may suspend or permanently terminate your participation in the Program and terminate your Account.
Upon termination of participation in the Program for violation of the Agreement and/or these Terms, your then current Account balance will be automatically forfeited and any Ad Display related to any of your content, including any Approved Series, will be immediately cancelled.
In the event your Account is suspended (as opposed to terminated), you may apply to rejoin the Program at any time following that date two (2) months from date of suspension. Please note that all of your previous records including records related to Ad Display, Net Ad Revenue, and payment would be completely deleted and cannot be restored if your Account is suspended or terminated.
Notwithstanding the foregoing, in the event of the occurrence of any of the following cases, your participation in the Program and your Account and Ad Display for all of your content, including all Approved Series, will be terminated immediately, and you will not be entitled to payment of any Net Ad Revenue in your Account or otherwise owing to you.
- -Cases where you violate copyright law or illegally use other’s name or identity;
- -Cases where you impersonate or attempt to impersonate WEBTOON and/or NAVER;
- -Cases where you use bugs or automated programs to artificially generate clicks; and/or
- -Cases where you harm other users and/or the operation of the Service or WEBTOON has concerns thereof
- 1 )Usage Restrictions for Content
- 5 . 1Causes for Restricting or Terminating Usage of the Service and/or Participation in the Program
6 . Cancelling Participation in the Ad Revenue Sharing Program
6 . 1
You may turn-off Ad Display for any of your content, including any Approved Series, at any time. You may also permanently opt-out of the Ad Revenue Sharing Program at any time. In the event you turn-off your Ad Display or opt out of the Program, you will not be entitled to payment of any balance in your Account accruing after the date you turn-off Ad Display and/or opt-out of the Program. However, any balance in your Account above $10 as of the time you opt out of the Program ("Closing Account Balance") will be paid out in the next payment period. If you simply turn-off Ad Display but remain as a Member of the Program, the $100 threshold for payment will continue to apply. Do note that you need to maintain your valid Patreon ID to receive the payment of your Closing Account Balance at the time of your cancellation or opt-out.
6 . 2
If you voluntarily opt out of the Ad Revenue Sharing Program, you may apply to rejoin at any time after two (2) months from the date of your election to opt-out.
However, be advised that in the event you opt-out, all previous records related to your activity in the Service and the Program will have been completely deleted as of the date you elect to opt-out and cannot be restored on your rejoining.
- 6 . 1
7 . Representations; Warranties
You represent and warrant that (i) you have full power and authority to enter into the Agreement and these Terms; (ii) you are the owner of, or are legally authorized to act on behalf of the owner of, all series/content uploaded by you onto the Service and for which you seek Ad Display; (iii) you are the technical and editorial decision maker in relation to and have full control over to all content on which you seek Ad Display; (iv) WEBTOON has never previously terminated or otherwise disabled an Ad Revenue Sharing Account created for by you for any reason; (v) entering into the Agreement and/or these Terms, becoming a Member of the Program and/or the embedding of Ad Display on your series will not violate any agreement you have with a third party or any third-party rights; and (vi) all of the information provided by you to WEBTOON and/or NAVER is true, correct and current.
8 . No Warranties
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER WEBTOON NOR NAVER MAKES ANY PROMISES ABOUT THE SERVICES, THE PROGRAM AND/OR AD DISPLAY. FURTHERMORE, NEITHER WEBTOON NOR NAVER MAKES ANY GUARANTEE THAT ANY OF YOUR CONTENT WILL RECEIVE AD DISPLAY, EVEN IF YOU ARE A MEMBER OF THE PROGRAM AND REQUEST AD DISPLAY, OR YOUR REQUESTED SERIES FOR AD DISPLAY IS APPROVED BY WEBTOON. ADDITIONALLY, NEITHER WEBTOON NOR NAVER MAKES ANY COMMITMENTS ABOUT THE FUNCTIONALITY AND/OR CONTENT WITHIN THE SERVICE, THE PROGRAM AND/OR ANY AD DISPLAY, OR THE PROFITABILITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS AND/OR EXPECTATIONS OF THE SERVICE, THE PROGRAM AND/OR AD DISPLAY.
NOTHING IN THE AGREEMENT OR THESE TERMS SHALL EXCLUDE OR LIMIT WEBTOON’S AND/OR NAVER’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND WEBTOON’S AND NAVER’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO THE SERVICE AND YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR SOLE RISK AND THAT THE SERVICES AND PROGRAM, AS WELL AS ANY AD DISPLAY, ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, NEITHER WEBTOON NOR NAVER, NOR ANY OF THEIR SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS AND/OR ADVERTISERS REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SERVICES AND/OR YOUR PARTICIPATION IN THE PROGRAM, INCLUDING ANY AD DISPLAY, WILL MEET YOUR REQUIREMENTS AND/OR YOUR EXPECTATIONS, (II) YOUR USE OF THE SERVICES, YOUR PARTICIPATION IN THE PROGRAM AND/OR ANY AD DISPLAY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES AND/OR YOUR PARTICIPATION IN THE PROGRAM WILL BE ACCURATE OR RELIABLE, AND/OR (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES, THE PROGRAM AND/OR ANY AD DISPLAY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES AND/OR PARTICIPATION IN THE PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBTOON AND/OR NAVER OR THROUGH OR FROM THE SERVICES AND/OR THE PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. WEBTOON AND NAVER FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9 . Extent of Liability
TO THE EXTENT PERMITTED BY LAW, (i) YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WEBTOON NOR NAVER, NOR ANY OF THEIR SUBSIDIARIES AND AFFILIATES, OR SUPPLIERS AND LICENSORS SHALL BE LIABLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (A) ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES AND/OR PROGRAM, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES AND/OR PROGRAM (OR ANY FEATURES WITHIN THE SERVICES AND/OR PROGRAM); (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES AND/OR PARTICIPATION IN THE PROGRAM; (C) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; (D) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON OUR LIABILITY ABOVE SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
FOR CLARITY, IN NO EVENT SHALL WEBTOON AND/OR NAVER AND/OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO YOU UNDER THESE TERMS OR OTHERWISE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF YOU HAVE OR HAVE NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND (ii) TO THE EXTENT WEBTOON AND/OR NAVER IS DETERMINED TO HAVE ANY LIABILITY TO YOU NOTWITHSTANDING THE EXPRESS WAIVER AND RELEASED CONTAINED IN THESE TERMS, WEBTOON’S AND NAVER’S, TOGETHER WITH THEIR AFFILIATES AND SUBSIDIARIES, AGGREGATE LIABILITY UNDER THESE TERMS IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY YOU IN CONNECTION WITH THESE TERMS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. NOTWITHSTANDING AND WITHOUT LIMITATION OF THE FOREGOING, IN ALL CASES, WEBTOON AND NAVER, TOGETHER WITH THEIR AFFILIATES AND SUBSIDIARIES, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THESE TERMS RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
10 . Indemnification
You hereby agree to indemnify and defend WEBTOON and NAVER, together with its affiliates, subsidiaries, owners, officers, directors, agents, employees and advertisers from and against any and all third-party claims and liabilities arising out of or related to your content, your use of the Services, your participation in the Program, the placement of Ad Display in any of your content, including any Approved Series, and/or your breach of any term of the Agreement and/or these Terms. BE ADVISED THAT WEBTOON’S ADVERTISERS ARE THIRD PARTY BENEFICIARIES OF YOUR INDEMNIFICATION ABOVE.
11 . Privacy
12 . Independent Contractor
Your relationship with WEBTOON and NAVER is that of an independent contractor and neither your participation in the Program nor these Terms nor the Agreement create any agency, partnership, or joint venture.
13 . Governing Law; Disputes
The laws of the State of California, without regard to principles of conflicts of laws, will govern the Agreement and these Terms and any dispute of any sort that might arise between you and NAVER and/or WEBTOON without regard to principles of conflicts of laws. Any action brought by either you and/or WEBTOON and/or NAVER concerning or arising from the Agreement, these Terms, the Service, the Program and/or Ad Display shall be brought only in the state courts of California or in the federal courts located in the Los Angeles, California ("Courts"). You agree to submit to the personal and exclusive jurisdiction of the Courts and hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens.
14 . Miscellaneous Provisions
14 . 1
The Agreement, including these Terms, sets forth all (and is intended by all parties to be an integration of all) of the representations, promises, agreements and understandings among you, WEBTOON and NAVER, and supersedes any and all prior or contemporaneous oral or written communications and/or agreements between you and WEBTOON and NAVER, all of which are merged herein. WEBTOON and/or NAVER. These Terms may be amended (i) in a writing wet signed by both parties that expressly states that it is amending these Terms, or (ii) as set forth above, if you keep using the Services after WEBTOON modifies these Terms.
14 . 2
You may not assign or transfer any of your rights as a Member of the Program and/or under these Terms. WEBTOON, however, may assign its rights.
14 . 3
The headings of the articles and sections of these Terms are inserted for convenience only and shall not be deemed to be a part of these Terms.
14 . 4
No amendment, change or modification of these Terms shall be valid unless posted on this Website by WEBTOON or otherwise agreed to in writing and wet signed by both WEBTOON and you.
14 . 5
If you do not comply with these terms, and WEBTOON does not take action right away, such inaction does not mean that WEBTOON and/or NAVER are giving up any rights that either may have, including taking action in the future.
14 . 6
If any provision of these Terms is determined by any court or arbitrator of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such provision will be enforced to the maximum extent possible given the intent of the parties hereto. If such clause or provision cannot be so enforced, such provision shall be stricken from these Terms and the remainder of these Terms will be enforced as if such invalid, illegal or unenforceable clause or provision had (to the extent not enforceable) never been contained in this Agreement.
14 . 7
These Terms control the relationship between WEBTOON, NAVER and you. They do not create any third party beneficiary rights, other than as expressly set forth in these Terms.
14 . 8
Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.
14 . 9
In connection with your use of the Services and/or participation the Program, we may contact you regarding service announcements, administrative messages, and other information.
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