These Terms of Service govern the relationship between the platform operated by the Korean Film Archive and the User regarding the use of the Korean Film Asset Trading Platform (hereinafter referred to as "the platform"). The purpose of these Terms is to define the rights, obligations, and responsibilities of both parties, as well as other necessary matters related to the use of the Platform's services.

1 The definitions of terms used in these Terms of Service are as follows:

1. “Platform” refers to the Korean Film Asset Trading Platform (https://asset.kmdb.or.kr) and the operating entity, the Korean Film Archive.

2. “Asset” refers to VFX assets that are 2D or 3D VFX assets, including textures, shaders, rigging, images, videos and more, created for repeated use in multiple shots, not just a single frame. Generally, this includes characters, environments, props, effects, driving plates, LED back walls, etc. Such “Assets” are protected by copyrights and other intellectual property rights, as digital content under the Framework Act on the Promotion of Cultural Industries in South Korea.

3. “Service” refers to all services related to the Korean Film Asset Trading Platform that can be accessed by “members” or “non-members,” regardless of the device used (including various wired and wireless devices such as PCs and mobile devices).

4. “User” refers to both members and non-members who access the “Platform” and receive the “Service” provided by the “Platform” in accordance with these Terms of Service.

5. “Member” refers to an individual who has registered as a member of the “Platform” and is entitled to continuously use the "Services" provided by the "Platform." Members shall be 19 years of age of older. Users under the age of 19 are not permitted to register as members. Members of the Platform are categorized as individuals, enterprises and foreign members. “Foreign Member” refers to users who is a national of a country other than the Republic of Korea, who has agreed to these Terms of Service and registered as a user of the Platform.

6. “Non-member” refers to a person who uses the “Service” provided by the “Platform” without registering as a member.

7. An “ID” refers to a combination of letters or numbers determined by “Members” and approved by the “Platform” for the purpose of identifying the “Member” and using the Services.

8. “Password” refers to a combination of letters or numbers chosen by the “Member” for the purpose of verifying that the individual is the rightful owner of the assigned "ID" and to protect the Member's account.

9. “Foreign Member License” is a license granted for a single Foreign Member user with no restrictions on the medium of use, audience size, target audience, region of use, or duration of use, and only the original purchaser can use the Asset. The “Foreign Member License” shall not be assigned or transferred to other person.

10. “Foreign Member” refers to a member who has purchased a Foreign Member License which a single price is applied.

11. “Non-commercial Asset” refers to assets that include elements such as existing designs, brands, trademarks, copyrights, and other intellectual property rights, which may pose a risk of copyright infringement. Non-commercial assets can only be used for non-profit or public interest purposes. Even if a derivative work is created based on these non-commercial assets, commercial use of the derivative work is prohibited.

12. “Commercial Asset” refers to assets that can be used to create derivative works and are available for commercial use. However, reselling the asset in its original form without any modifications, as well as reprocessing and selling the asset, is not allowed.

13. “Copyright Owner” refers to the asset provider that supplies the “Asset,” including both the company that directly created the asset and outsourced party that has been entrusted with the provision of the asset.

14. Users may not transfer, distribute, or resell any Assets on the Platform, regardless of whether the Assets have been modified by the users. In other words, it is prohibited to resell, transfer, or distribute the asset in its original form without any modifications, or to repurpose and sell, transfer, or distribute a modified version of the Assets. Such actions are considered violations of the Terms of Service and may result in legal liability.

2 Terms not defined in Paragraph ① shall be construed in accordance with the relevant laws of the Republic of Korea and general commercial practices.

1 These Terms of Service shall apply to the procedures for using all “Services” provided by the “Platform” and other necessary matters.

2 For matters not specified in these Terms of Service, the relevant laws of the Republic of Korea, such as the Act on the Consumer Protection in Electronic Commerce, the Framework Act on Electronic Documents and Transactions, and the Act on Promotion of Information and Communications Network Utilization and Information Protection, as well as detailed guidelines established by the “Platform”, shall apply.

1 These Terms of Service shall be effective for all "Users" who wish to use the "Service".

2 The Terms of Service shall become effective upon posting on the "Platform" website or by any other means of notification to "Users", unless otherwise specified.

3 The "Platform" may amend these Terms of Service to the extent that they do not violate the relevant laws of the Republic of Korea, including but not limited to the Act on the Protection of Consumers on Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Electronic Financial Transactions Act, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Act on Door-to-Door Sales, and the Framework Act on Consumers. In such case, the amended terms shall become effective upon posting on the "Platform" website or by any other means of notification to "Users".

4 In the event that the “Platform” amends the terms, it shall specify the effective date and reason for the amendment and shall notify the "Users" of the current and amended Terms of Service through the "Platform" website and/or email. However, if the amendment is to the disadvantageous to the "Users," the "Platform" shall provide at least 30 days' prior notice. In this case, the “Platform” will clearly indicate the differences between the content before and after the revision to make it easy for the “Users” to understand.

5 Any amendment to these Terms of Service shall apply only to the service agreements entered into after the effective date of the amended terms, and the provisions of the previous terms shall continue to apply to the service agreements entered into before the effective date. However, if a "User" who has already entered into a service wishes to be bound by the amended terms, and notifies the "Platform" of such intention within the notice period specified in Paragraph 4 and obtains the written consent of the "Platform" (including consent via email), the amended terms shall apply.

6 The amended terms notified in accordance with the preceding paragraph shall also be valid and effective for existing "Members". If an existing "Member" does not agree to the amended terms, they may discontinue using the "Service" and terminate the Terms of Service . If an existing "Member" continues to use the "Service", it shall be deemed that they have agreed to the amended terms.

1 The "Platform" provides the following "Services":

1. Search, purchase, and download of Assets

2. Operation of the Platform for Asset trading and utilization

3. Sharing of Asset metadata

2 However, due to circumstances of the “Platform,” the schedule and methods of providing each “Service” may be changed, delayed, or not provided at all. In such cases, the “Platform” will endeavor to notify users in advance about changes to the service schedule and other related matters.

3 “Members” can purchase “Assets” on the “Platform”. When purchasing “Assets”, “Members” are purchasing a license to use the “Assets”, not the copyright to the “Assets”. The “Platform” will provide specific guidance on the methods and conditions for using the product at the time of purchase.

1 A service use agreement between the "Platform" and a "Foreign Member" shall be established when an individual who wishes to become a "Foreign Member" agrees to the Platform’s Terms of Service, Privacy Policy, and Personal Information Collection and Use Agreement through a prescribed method designated by the "Platform" (such as email verification), enters their membership information (including ID, password, name, phone number, email, and other information deemed necessary by the "Platform") into the designated registration form, and clicks the "Join" button, and the "Platform" accepts this.

2 An individual who joins as “Members” shall provide the personal or corporate information required by the "Platform," and failure to comply with this may result in the inability to complete the membership registration.

3 The “Platform” will collect and manage the “ID” and “Password,” and when “Members” uses the “Service,” it may require additional information for identity verification of the “Member” with the “ID” and “Password” or by a method designated by the “Platform” (such as secure identity verification/email verification, etc.).

1 The "Platform" shall complete its acceptance of an application of "User" to become “Members” when the "User" has agreed to the Terms of Service and Privacy Policy and completed the identity verification process.

2 To access or use the "Service," “Members” shall enter their "ID" and "Password" or other necessary information required for the prescribed authentication method designated by the "Platform," and the "Platform" shall verify the accuracy of the entered information and permit the use of the "Service" only to those who have been approved.

3 The "Platform" may withhold its acceptance of a service application if any of the following circumstances occur:

1. It is technically impossible to provide the “Service”

2. There are security concerns

3. In other cases where it is difficult to grant acceptance for other reason

4 The “Platform” may deny acceptance of service applications in the following cases:

1. The name (for individual users, the name of the user; for business users, the name of the sole proprietorship, corporation, business, association, or organization) is not in real name.

2. The application is filed, using the name of another person or another business entity (including but not limited to sole proprietorships, corporations, associations, and organizations).

3. The necessary information required for the application is falsely provided.

4. The application is made for the purpose of disturbing social order or public morals.

5. In other cases, the application fails to meet the requirements set by the “Platform.”

1 “Foreign Members" may use all "Services" provided by the "Platform." However, the use of certain "Services" may be restricted depending on the membership status or whether or not they are using paid asset services. For details on the types of assets that "Foreign Members" can use, please refer to <Attachment 1. Scope of Asset License for Foreign Members>.

2 The "Service" shall be generally available 24 hours a day, 365 days a year, unless there are special business or technical difficulties with the "Platform." However, depending on the type and content of the "Service," some "Services" may have specific operating hours, and in such cases, the "Platform" shall notify "Members" by posting the such information on the respective “Service” use screen.

3 Despite the service hours specified in Paragraph 2, the provision of the "Service" may be restricted or suspended for a certain period due to unavoidable reasons such as communication failures, service development, system maintenance, or emergency measures.

4 If the “Platform” wishes to restrict the use of “Services,” it may specify the reasons and duration and post this information on the “Platform” website or notify the “Members” via email.

5 If “Members” fails to log in more than a certain number of times using their "ID" and "Password" or the prescribed authentication method designated by the "Platform," the "Platform" may restrict the "Member's" use of the "Service" for security reasons. In cases where it is necessary to enter an Internet Safety Payment (ISP) or authorized certificate password, the terms and conditions of the Internet Safety Payment (ISP) or authorized certificate shall apply.

6 When the “Platform” needs to provide individual notices to “Members,” it will primarily notify them by sending an email to the e-mail address registered by the "Member." However, if “Members” have not registered an email address or if a notice is to be given to a large number of unspecified “Members,” the “Platform” may substitute individual notice by posting on the “Platform” website.

1 To purchase paid assets, “Members” shall make the payment for the respective paid assets. "Member" shall be solely responsible for any information entered by the “Member” in connection with such payment and for any liabilities or disadvantages arising therefrom.

2 "Members" may download purchased assets only within 30 days from the purchase date. After 30 days, purchased assets can no longer be downloaded, and the "Members" shall be solely responsible for any disadvantage arising from the expiration of the period, such as the need to make an additional purchase to download the asset.

3 “Members” can check their asset purchase information on My Page, and the “Platform” will provide guidance on how to cancel asset orders. For assets that exceed a specific price or are of a large data size, making it difficult to download in a personal environment, as well as assets such as Driving Plates and LED BACK WALL assets, the “Copyright Owner” may sell the respective asset directly to the “Members”. In this case, the “Platform” will provide relevant URLs and other information. The purchase of these assets will require the “Members” to enter into a separate purchase agreement with the “Copyright Owner.”

4 The actual amount paid by “Members” includes the platform commission and electronic payment service fee in addition to the listed supply cost (actual purchase amount) on the platform. The purchase evidence (credit card sales slip, etc.) issued to the "Members" who purchased the asset is issued based on the actual purchase amount.

5 “Members" may pay for data products purchased on the "Platform" using one of the following methods:

1. Credit card payment

1 Assets traded through the "Platform" fall under the category of digital content as defined by the Framework Act on the Promotion of Cultural Industries of the Republic of Korea and given the nature of digital products that can be easily copied, once an asset has been downloaded after purchase, the right to withdraw, return, cancel or refund is generally restricted. However, the following cases are excluded:

1. Refund is requested within 7 days from the purchase date, provided that the asset has not been downloaded.

1 The “Platform” may provide various information to “Members” about its assets, “Services,” events, and other matters through postings on the website, emails, SMS, and other means.

2 The personal information of “Members” will be strictly managed in accordance with relevant laws, and “Members” shall have the right to opt out of receiving information provided by the “Platform”.

3 The “Platform” may publish promotional materials that it deems appropriate for the “Services” or that is of public interest.

1 If “Members” wishes to terminate the Terms of Service, they shall submit a termination request to the “Platform” using the “Platform” website or a separate method designated by the “Platform.” In this case, all member information and data will be deleted immediately upon termination, except where the “Platform” retains member information in accordance with relevant laws and the “Platform’s” privacy policy.

2 The “Platform” may request “Members” to change their ID by providing notice in accordance with Article 8, for reasons such as security or seamless provision of the “Service”. If “Members” fails to comply with such a request and as a result, the “Platform” is unable to maintain security or provide the “Service” seamlessly, the “Platform” may restrict the “Member's" use of the “Service.”

3 The “Platform” may terminate the Service Agreement or suspend the use of “Services” without prior notice if a “User” engages in any of the following actions:

1. Disclosing personal information such as “ID” and “Password” to others or using another person’s “ID” and “Password.”

2. Intentionally interfering with the operation of the “Service”

3. Using a false name of individual, corporation, business, organization, or association for registration

4. Intentionally disseminating content that disrupts public order and morals

5. Planning or executing the use of the “Service” with the intent to harm national interests or social welfare

6. Engaging in actions that damage the reputation of others or cause them harm.

7. Transmitting information or advertising materials with the intent to disrupt the stable operation of the “Service”

8. Spreading computer viruses or other programs that cause malfunctions of communication equipment or destruction of information

9. Infringing on the intellectual property rights of the “Platform,” other “Members,” or third parties

10. Copying, distributing, or commercially using information obtained from the “Platform's” “Service” without prior written consent from the “Platform”

11. Posting obscene materials or linking to obscene websites on bulletin boards or others

12. Harassing other “Users” through actions such as stalking

13. Engaging in acts that violate the terms and conditions set by the “Platform” including this Terms of Service and relevant laws, making it difficult to provide further “Services” to the respective “Member”

4 “Members” who engages in actions corresponding to the previous paragraph is responsible for compensating any damages caused to the “Platform” or other “Members” as a result, and in this case, shall indemnify the “Platform.”

5 Regarding the measures taken in Paragraph 3, the “Member” may file an objection within 10 days from the date of the “Platform's” measures taken, following the procedures set by the “Platform.” If the objection is deemed valid, the “Platform” will resume the use of “Services” for the respective “Member.”

1 The “Platform” shall allow “Members” to enter into asset use agreements and purchase “Services” from the service commencement date, unless there are special circumstances.

2 Unless there are special circumstances such as system maintenance, service development, communication failures, or other force majeure events, the “Platform” shall continuously provide the “Service” in a stable manner as stipulated in the Terms of Service.

3 The “Platform” shall not disclose or distribute the personal information of “Members” known to it in relation to the provision of “Services” to third parties without the Members’ consent. However, this does not apply in cases where there are legal requests from relevant authorities for judicial or investigative purposes, or requests from the Korea Communications Standards Commission, in accordance with lawful procedures.

4 In the event that complaints from “Members” regarding the “Services” are received, the “Platform” shall promptly address them. If prompt handling is not feasible, the reasons and processing schedule shall be posted on the “Service” screen or notified to the respective “Member” via email or other mean.

5 If “Members” suffer damages as a result of the “Services” provided by the “Platform,” the “Platform” shall only be liable if such damages arise from intentional wrongdoing or gross negligence on the part of the “Platform.” The scope of this liability shall be limited to direct and ordinary damages.

6 The “Platform” shall comply with laws related to the operation and maintenance of “Services,” including the Act on Promotion of Information and Communications Network Utilization and Information Protection and the Protection of Communications Secrets Act.

7 The “Platform” shall establish a security system in place to protect personal information, ensuring that “Members” can safely use the “Services,” and must publicly disclose and comply with its privacy policy.

1 “Members” shall not engage in any of the following acts when using the “Service”:

1. Unauthorized use of other “Member’s” “ID” and “Password”

2. Copying, processing, creating derivative works of assets obtained through the “Services” to reproduce, perform, publicly transmit, display, distribute, publish, or provide to a third party without the copyright holder's consent, which may infringe upon copyright, trademark rights, design rights, or other intellectual property rights of others

3. Damaging or infringing upon portrait rights, publicity rights, honor, or personality rights of others

4. Creating posts containing content that infringes on the copyrights, intellectual property rights, or other rights of the “Platform” or third parties

5. Distributing information, statements, figures, sounds, or other content that violates public order and morals to others

6. Engaging in acts that are objectively recognized as being related to crime

7. Registering or distributing materials with computer virus-infected data that may cause malfunctions or damage to the equipment related to the “Services”

8. Transmitting information that may disrupt the stable operation of the “Service” or transmitting unsolicited advertising information against the will of the recipient

9. Using assets for the direct or indirect promotion or endorsement of alcohol, tobacco, gambling, weapons, or explosives

10. Any other act that violates applicable laws and regulations

2 Each “Member” is solely responsible for the management of their “ID” and “Password”. “Members” shall not lend, transfer, or engage in any similar acts involving their “ID” and “Password” to a third party and “Members” shall be solely responsible for all consequences arising from the neglect or unauthorized use of their “ID” and “Password”.

3 If “Members” become aware of the unauthorized use of their “ID”, they shall immediately change their “Password” and report it to the “Platform.” The “Members” shall bear all responsibility for any consequences arising from failing to report such misuse.

4 If there are changes to the “Member’s” personal information, they shall update it through the “Platform” website. The “Members” shall be solely responsible for all consequences arising from not updating their changed personal information.

5 Under no circumstances may “Members” use the “Services” of the “Platform” to engage in profit-making activities beyond the scope of the license granted for each asset. The “Platform” will not be held liable for any consequences arising from such use for profit purposes. For example, non-commercial assets cannot be utilized for commercial profit purposes.

6 “Members” shall faithfully comply with the provisions set forth in the Terms of Service and related laws, as well as the guidelines or precautions regarding the use of the “Services.”

7 “Members” shall adhere to the restrictions posted in the “Platform’s” “Service” announcements or notified separately for each content.

8 “Members” may not transfer, assign or provide as collateral their rights to use the “Services” or any other status under the service use agreement to another person without the prior written consent of the “Platform” (including email).

1 The “Platform” may add, modify, or delete content posted on the “Platform” website as necessary for smooth management and oversight of the “Services,” and may also revise the “Services” or add, modify, or delete content without notice to the “Members.”

2 The “Platform” may delete any content posted or transmitted by “Members” within the “Services” (including content transmitted between members) without prior notice if it is deemed to fall under the following categories, and the “Platform” shall bear no responsibility for any such deletion.

1. Content that defames or slanders the “Platform,” the “Services” provided by the “Platform,” other “Members,” or third parties

2. Content that violates public order and morals

3. Content that is deemed to be related to criminal activities

4. Content that infringes on the copyright of the “Platform,” third parties, or other rights

5. Content that exceeds the posting period specified by the “Platform” through the detailed guidelines in Paragraph 3

6. Content that is unrelated to the “Services” provided by the “Platform”

7. Posting unnecessary or unauthorized advertisements or promotional materials

8. Any other cases deemed to violate relevant laws and the detailed guidelines of the “Platform”

3 The “Platform” may establish and implement detailed guidelines related to postings, and the “Members” shall register, delete, or otherwise manage various postings (including content transmitted between members) in accordance with those guidelines.

4 “Members” has no right to request the “Platform” to post additional content for the purpose of personal commercial gain or to promote such activities.

1 The “Platform” may provide the “Members” with links (URLs) to third-party websites, including but not limited to the Korean Film Archive and asset copyright holders' website. The “Platform” has no control over the content, accuracy, or availability of such linked sites and therefore “Platform” does not endorse or guarantee in any way any content, services, or materials provided on or through any linked site.

2 “Members” acknowledges and agrees that the “Platform” shall not be liable for any damages or losses caused or alleged to be caused by reliance on the content, services, or materials of the linked external sites.

1 The “Platform” shall not be liable for any damages incurred by “Members” due to the following reasons. However, if damages occur to “Members” as a result of the “Services” provided by the “Platform,” the “Platform” shall only be responsible if such damages arise from its intentional misconduct or gross negligence, and the extent of such liability shall be limited to direct and ordinary damages.

1. Failure to provide the Service or delay in providing the Service due to unavoidable circumstances such as communication equipment failures, line failures, or computer malfunctions

2. Disclosure of the Member's ID, password, or other information to a third party due to the Member's negligence.

3. Cases attributable to the Member's fault (such as computer manipulation or processing errors)

4. Cases caused by inevitable reasons such as natural disasters

2 The “Platform” shall not be liable for any lost profits or other consequential damages incurred by “Members” as a result of the use of the “Services” or any information or materials obtained through the “Services.” The “Platform” makes no representations or warranties as to the accuracy, completeness, or reliability of the information and materials posted by “Members” on the “Platform” website.

3 The “Platform” has no obligation to intervene in disputes arising between “Members” or between “Members” and third parties arising from the use of the “Services” and it shall not be responsible for any damages resulting from such disputes.

1 Intellectual property rights and other rights related to the “Assets”, “Services”, and necessary screens (text and design) provided by the “Platform” shall belong to the “Platform.”

2 “Members” shall not publish, reproduce, distribute, perform, broadcast, or otherwise disseminate to a third party any information obtained through the use of the “Services” that is subject to the intellectual property rights or other rights of the “Platform” without the prior written consent (including email) of the “Platform.”

3 Copyright for posts made by “Members” within the “Services” (including content exchanged between members) is owned by the “Member”, and the “Platform” has the right to display these posts within the “Service.”

4 The “Platform” shall not use posts for purposes other than those agreed upon by the “Member.”

5 The “Platform” shall not bear any civil or criminal liability for posts made by “Members” within the “Services” that infringe on the intellectual property rights, including but not limited to copyrights and trademarks, in connection with any postings posted by such “Member” on the “Services.” If the “Platform” receives a claim for damages or any objections from a third party on the grounds that a “Member” has infringed on the copyrights, trademark rights, or any other rights of others, the “Member” shall defend and indemnify the “Platform” for all damages, costs, and expenses and if the “Platform” is not indemnified, the “Member” shall be responsible for all damages incurred by the “Platform” as a result of such infringement.

6 The “Platform” may remove any postings made by a “Member” if the “Member” terminates the Terms of Service or if the Terms of Service is terminated for valid reasons.

1 The "Platform" and "Member" shall each bear all responsibilities arising from violations of the Terms of Service, and if one party causes damage to the other, they shall indemnify the other party for any and all losses, damages, and expenses arising therefrom and compensate without delay.

1 In the event of a dispute between the "Platform" and the "User" regarding the use of the service, both parties shall make sincere efforts to resolve the dispute in good faith.

2 If a dispute arises regarding information about products and services registered by copyright holders or transactions with purchasing members, the "Platform" shall not intervene in that dispute, and all responsibilities arising from the outcome of the dispute shall be borne by the copyright holder or the purchasing member. If the “Platform” compensates a third party for damages or incurs other costs as a result of such a dispute, the “Platform” shall be entitled to seek indemnification from the party responsible.

3 In cases where a “User” submits a request for damage relief arising out of or in connection with an electronic commerce transaction between the "Platform" and the "User," the parties may be referred to the Fair Trade Commission of Korea or any other relevant government agency for mediation.

4 If the dispute is not resolved through the efforts mentioned in the previous paragraphs, The court located within the judicial district where the Korean Film Archive maintains its principal place of business shall have exclusive jurisdiction.

5 In the event of any inconsistency between the Korean and English versions of the Terms of Service, the Korean version shall prevail.

1 Article 1 (Effective Date)

These Terms of Service shall take effect on October 30, 2024.

The first revised Terms of Service shall take effect on April 25, 2025.

1

No Charge & Non-commercial License: Use no charge and non-commercial assets

  2

No Charge & Commercial License: Use no charge and commercial assets

  3

Charged & Non-commercial & Foreign Member License: Use charged and non-commercial assets with Foreign Member License

  4

Charged & Commercial & Foreign Member License: Use charged and commercial assets with Foreign Member License