Terms of Service

Chapter 1. General Provisions

Article 1. Purpose

The Terms of Service aims to prescribe members’ rights, obligations, and responsibilities in relation to the use of various services offered by Asia Design Platform (http://adp.dcb.or.kr) (Hereinafter the ”ADP”) operated by Design Council Busan (Hereinafter the “DCB”).

Article 2. Effectiveness and Modification

1) The Terms of Service shall be posted on the service page (screen) and the ADP for users, and the effect occurs when the users, who have agreed to the terms of service, subscribe to the service.
2) If a member agrees to the terms of service, the terms of service shall be preferentially applied to the ADP’s service offering and the member’s service use.
3) The DCB may revise the terms of service within the scope, not violating any relevant laws, if necessary, and the revised terms of service shall be posted on the service page (screen) by specifying the application date and the cause of revision.
4) If a member does not agree to the revised terms of service, he/she may cancel (withdrawal of membership or termination) membership., and the member deems to agree to the terms of service, Iif he/she continues to use the service without presenting an objection within 30 days from the effectuation date of the terms of service the member will be deemed to agree to the terms of service,

Article 3. Rules Other Than the Terms of Service

Any matters not specified in the terms of service shall comply with the relevant laws and regulations and commercial practices of the Republic of Korea (ROK) including the Framework Act on Telecommunications, Telecommunications Business Act, Act on Telecommunications Network Use Promotion and Information Protection, Information Communication Ethics Committee, Deliberation Regulations of Information Communication Ethics, Code of Ethics for Information Communication, and Computer program Protection Act.

Article 4. Definition of Terms

The terms defined in the terms of service are as follows:

1) 서비스 : 진흥원에서 종합 디자인 관련 서비스를 운영하는 아시아디자인플랫폼 제공 서비스
2) User: all members and non-members using the ADP service
3) Member: a person using all various services offered by the ADP, after completing the membership procedure at the homepage
- Individual member: Any individual member including general public and individual designers who participate in contests and also the International Busan Design Award (IBDA) for free free of charge.
- Corporate member: An entity operating a business with an issued business registration certificate, irrelevant of business type, that participates in contests and IBDA by paying fees
- Design corporate member: Any entity operating a business with an issued business registration certificate related to design business type that can host and participate in contests and participate in IBDA by paying fees, and apply for design company support projects.
- Judge: A person performing contest consulting, and evaluating all competitions including IBDA held by ADP
- Requester: a member who requests designs and ideas using the contest service
- Participant: a member who offers designs and ideas to contest service
- Entrant: a member who presents his/her own work to all competitions including IBDA held by ADP
4) Contest: design request (commission) posted on the ADP
5) Participation in a contest: an activity that a member proposes designs and ideas to a specific contest and registers the draft
6) Contest screening: selection process by a requester based on participants’ designs and ideas
7) Winning works: final designs or ideas selected through contest screening (Refer to all winning works receiving the first, second, and third prizes.)
8) International Busan Design Award (IBDA): IBDA contest posted on the ADP
9) Participation in the IBDA: an activity that a member registers his/her draft in the IBDA contest
10) First phase screening at the IBDA: first phase selection process selected by judges based on the entrants’ designs and ideas
11) The first phase selected: The first phase selected to the final contest through the first phase screening at the IBDA
12) Winning works: works selected as gold, silver, and bronze prizes in each sector through the first phase screening (online) and the second phase screening (offline) in the IBDA The definition of terms used hereto shall comply with the those prescribed in the relevant laws and regulations, separate terms and conditions on individual services, and use regulations other than those prescribed in Article 4 hereof.

Chapter 2. Service Use Contract

Article 5. Establishment of Service Use Contract

1) The service use contract shall be entered into with the user ’s consenting to the details of the terms of service, user’s application for use, and the DCB’s approval of the application for use.
2) The consent to the use contract is made by selecting “Consent” of the ADP terms of service upon application for use.

Article 6. Application for Use and Limitation

1) If an individual member applies for use by accurately entering necessary information on the application form, the application is completed.
1) 기업회원 및 디자인기업회원, 심사위원회원의 경우 진흥원은 신청서 양식에 정확히 기재하여 이용신청하고 진흥원이 요구하는 조건을 만족할 경우 서비스 이용신청을 승낙합니다.
2) If a corporate member, design corporate member, or judge member shall apply for use, by accurately entering the necessary information on the form, and if they meet the DCB’s requirements, the application is approved.
3) DCB shall not approve applications for use in each of the following cases:
① Applying with another person’s name without his/her consent;
② If false information is entered or false documents are presented;
③ In cases where DCB’ requirements for application for use are not met (omission and miswriting of essential items, nonconformity to conditions, etc.);
④ In a case where a user , who has violated laws and regulations or the terms of service and so the service use contract was terminated, applies;
⑤ If application is made to disturb social security and order or good and laudable customs;
⑥ If a person wants to use the service with other unlawful purposes
4) The DCB may reserve or limit the service use approval until the cause is resolved in each of the following cases:
① If service-related capacity is lacking; lacks;
② If any technical obstacle of the DCB exists

Article 7. Awarding Member ID (Email) and Change

1) The DCB awards member’s email as user ID according to the prescription of the terms of service.
2) Although the email address cannot be changed in principle, it can be changed by the request of the member concerned or the DCB due to inevitable reasons in each of the following cases:
① Application to repulse others or disturb good and laudable customs;
② If another reasonable reason exists
3) Because the use of the ID concerned is pe
4) Any member can read/check and correct his/her own information through Change Member Information.

Article 8. Consent to the Use of Membership Information

ADP membership information shall be collected, used, managed, and protected as follows. If any member applies for use under the terms of service is deemed to consent to the collection and use of the membership information entered on the application form.

1) Collection of membership information: DCB collects membership information through the information provided by any member upon becoming a member.
2) Use of membership information: DCB shall not disclose or distribute to any third party, without the approval of any member, in relation to the personal information of the member concerned, collected for service offering. However, in case there is a request from a state agency under the Framework Act on Telecommunications for any the purpose for of crime investigation, a request from Information Communication Ethics Committee, a request under other relevant laws and regulations, or a member’s making public of his/her membership information provided to the ADP, this clause shall be excluded.
3) Management of membership information: Any member can correct or delete his/her membership information at anytime for the membership information protection and management of membership information. Part of the received information may also be modified or adjusted, if it is regarded as unnecessary.
4) Protection of membership information: Membership information can be read/checked, corrected, or deleted by only the member concerned, and it is managed by the members’ ID and password. So any No member shall not let others know about the ID and password, and shall logout if when finishing the use of the service, and also shall also close the Web browser.

Chapter 3. Service Offering and Use

Article 9. Commencement and Use of the Service

1) DCB shall commence the service upon approval of a member’s application for use. However the service starts on the designated date for some services.
2) If the service cannot be commenced due to DCB’s business or a technical obstacle, this shall be notified on the site or to members.
3) The service can be used 24/7 all year round. However the service may be temporarily suspended due to DCB’s business or for technical reasons. In this case, DCB shall notify members it in advance or after the suspension.
4) Even after a user gains membership, some services may only be offered to only specific members through the service provider’s demand, when the member uses some service.
5) DCB may set usable time by scope through dividing the service into certain scope. In this case, DCB shall notify this beforehand.

Article 10. Suspension of Service

1) If the details of messages stored or sent to the ADP or other communication messages are not stored, deleted, or not transmitted due to national state of emergency, power failure, service facility disturbance other than ADP management scope, and other force majeure, and in the case of other communication data’s loss, the DCB shall not be liable for these.
2) If DCB needs to temporarily suspend the service due to difficulties in offering normal service, a notice shall be given one week before the service suspension,. and the DCB shall not be liable for any member’s nonon- recognition of the notice during the period. If a reasonable reason exists, the above prior notice may be reduced or omitted. If the messages stored in, or transmitted from, the service and other communication messages are not sored, deleted, or not transmitted due to the service suspension, and if communication data loss occurs exists, DCB shall not be liable for them.
3) If the service needs to be permanently suspended due to the situation of DCB situation,, Article 2 hereof shall be applied. However, the prior notice period shall be one month in this case.
4) If offering a normal service is impossible during such events offering such as natural disaster and national state of emergency is impossible, the service may be temporarily limited or suspended, and the reason and period of suspension shall be notified to the members in advance or after the suspension.
5) DCB may temporarily suspend the service after prior notice, and DCB shall not be liable for any member or any third party for the suspension.
6) DCB may temporarily suspend service without any notice due to such inevitable reasons as urgent system inspection, expansion, and replacement. DCB also may completely stop supplying the currently provided service due to a reason that DCB judges appropriate including replacement with a new service.
7) If the service is suspended owing to a DCB’s uncontrollable reason (disk hindrance without intention or mistake, system down), prior notice is impossible. There will be no notice if the system is suspended due to intention and mistake of others (PC communication provider, telecommunication provider).

Article 11. Limit of Service Use

1) If member-provided information is judged to be false, or a reasonable reason to suspect it to be false occurs, DCB may suspend the member’s use of this service fully or partially, and the DCB shall not be liable for any disadvantages occurring to the member because of this.
2) If a member’s acts breach breaching the details of the terms of service including Article 13 (Management and Operation of Postings) and Article 16 (Member’s Obligations), the DCB may arbitrarily limit and suspend the member’s use of the service. In this case, the DCB may prohibit the member from connecting to the site.

Article 12. Information Offering

DCB may offer various information, acknowledged as necessary, during any member’s use of the service with methods including email, mail, SMS (short message service), DM (direct mail), or messenger.

Article 13. Management and Operation of Postings

1) The copyright of Postings posted by any member belongs to the member concerned, and DCB has a right to post them within the service. However, the copyright of a winning work shall belong to the requester who hosted the contest upon the moment that the prize (money) is delivered. The copyright of any postings created by any participants who did not win a prize shall belong to the participants.
2) DCB may delete, move, or reject the registration of any postings or data (material) corresponding to each of the following without prior notice.
① If a posting judged as breaching the terms of service, commercial, illegal, obscene, or indecent is posted;
② In case a posting slanders another member or a third party, or stains his/her honor with defamation;
③ If the details of posting breaches public order and good and laudable customs;
④ If the details are admitted to be connected to a criminal act;
⑤ If a posting breaches rights such as copyright;
⑥ Information unsuitable for the nature of the service;
⑦ If a false contest (a contest aiming at disguising and idea infringing) is registered;
⑧ If not meeting the ADP’s internal inspection standards;
⑨ In case of violating other relevant laws and regulations
3) The DCB may delete the posting concerned, if the purpose of the continuation of the continued posting is unclear, because the effect as a posting is lost due to elapse of a certain period of time of the posting.
4) If a member’s posting breaches another’s copyright, the member is liable for any civil or criminal affairs.
5) Any Mmembers cannot cannot use the data (material) posted on the service for commercial purpose such as processing and selling the information using the service.

Article 14. DCB’s Ownership

1) DCB owns the service provided by the DCB and the software, image, mark, logo, design, service name, information, and trademark, and the relevant intellectual property right and other rights required for the service.
2) Any member cannot fully or partially revise, lend, rent, sell, distribute, manufacture, transfer, relicense, establish security right, and commercial activities on each property specified in 1) above, except when DCB gives express approval to the member concerned, and also the member cannot allow any third party to do the activities mentioned above.

Chapter 4. Obligations and Responsibilities

Article 15. DCB’s Obligations

1) The DCB shall not act against any prohibitions of laws and regulations and the terms of service, or against any good and laudable customs, and has an obligation to make efforts to offer a continuous and stable service.the service continuously and stably.
2) The DCB shall not disclose or distribute any member’s personal information to any third party. However, if such an act is, by lawful procedures, under clauses of laws including state agency’s request, the telecommunications-related legislations, and request of the Information Communication Ethics Committee, it shall be excluded from this clause.
3) The DCB shall immediately repair or restore any facilities having hindrance or lost in order to offer a continuous and stable service.
4) The DCB shall quickly handle any opinion or complaint presented by any member if it is acknowledged to be justifiable. However if quick handling is difficult, the reason and handling schedule shall be notified to the member.
5) The DCB shall make endeavor to protect member’s personal information including member’s registered information under the relevant laws and regulations. With regard to member’s privacy protection, the DCB shall comply with the relevant laws and regulations and details in Article 16 hereunder.

Article 16. Member’s Obligations

1) Any member shall provide perfect information matching the current fact (Hereinafter the “membership information”) if the member gains membership for service use. The member shall immediately renew the membership information if any change to it occurs.
2) The ID awarded to the member and his/her password shall be managed in accordance with each of the following: ① A member shall immediately report to the DCB, if he/she finds that his/her ID or password is illegally used without the member’s approval; ② A member shall log out after for each closing theof connection to the service, and shall close the Web browser
3) Any member shall agree not to perform the following acts while using the service:
① Any act harming others (including small number of people);
- Stealing other’s ID, password, and/or name and anor any act disguising themselves as another person
- Any act specifying false relationship with others
- Any act damaging others’ honor by writing facts or falsehood to slander others
- Any act distributing false information to give profits or damages/losses in property to the member him/herself or others
- Words or sounds, writings, video clips causing shame, disgust, or fear to make them continuously be delivered to the other party and so disturbing the other party’s everyday life
- Profit-making activity using the service without DCB ‘s prior approval
② Any act posting unnecessary or unapproved advertising or promotional materials;
③ Any act recommending and posting the junk mail, spam, plastered messages, or pyramid organization or sending them via email;
④ Any act posting vulgar or obscene data, texts, software, music, photos, graphics, and video messages (Hereinafter the “contents”) or sending them via email;
⑤ Any act posting or sending the contents having where the member has no right to do so, including intellectual property rights via email;
⑥ Any act posting or sending software viruses via email to destroy, disturb, or limit the functions of computer software, hardware, and telecommunications equipment;
⑦ Any act collecting or storing other users’ personal information such as, posting materials containing other computer codes, files, programs or sending them via email;
⑧ Any gambling for property or speculation behaviors;
⑨ Any act distributing information having details arranging an act of prostitution or those mediating obscene acts;
⑩ Any act judged as disturbing or potentially worried to be disturbing the service’s stable operation;
⑪ Any act participating in the member’s own contest by requester’s or the relevant person’s disguising;
⑫ Any illegal or unfair acts;
4) The member shall be liable for any damages/losses occurring by not complying with the terms of service and relevant laws and regulations, or illegal use by any third party,. The and the DCB shall not be liable for such damages/losses.

Article 17. Privacy Protection Policy

1) The DCB shall collect information on members through the information provided by the members upon application for use of the service, and the membersmember’s; personal information shall be used only soleley for the performance of the service contract and service offered offering under the contract.
2) The DCB shall make efforts to protect member’s personal information in accordance with the relevant laws and regulations including the Telecommunications Network Act. For personal information protection and use, the relevant laws and the DCB’s Privacy Policy shall be applied.
3) The DCB shall not disclose or distribute any member’s information obtained, in relation to the service offered, offering to any third party without the member’s approval, and it shall not be used for commercial purpose. However, each of the following cases shall be excluded:
① If there is a request from the relevant agency for investigation purpose under the relevant laws and regulations;
② If there is a request from the Telecommunications Ethics Committee;
③ If there is a request according to the procedures set forth by other relevant laws and regulations

Article 18. Rights on a Contest

1) A requester and the contest-related person cannot participate in his/her contest under any type of form. in any way.
2) The DCB has a right to review the contest concerned if each of the following corresponds:
① If briefing details and the details of the winning work have big differences;
② If another participant’s report is received;
③ If it is suspected that to borrow another participant’s idea and design have been borrowed;
④ If any ground grounds to suspect an illegal contest are is found;
3) If a contest corresponds to each of the following, it is regarded as an illegal contest.
① In the case that a requester participates in his/her own contest in any form;
② In the case that the requester’s work becomes a winning work;
③ In the case that the the requester participates in his/her own contest by breaching other registered works or ideaswork or idea
4) After the detail is notified to the requester, if a contest is found to be an illegal contest, it shall be immediately cancelled, and the presented works shall be inactivated from the requester.
5) When the contest is finished, the contest period can be extended tto a wice maximum of twice.
6) The contest extension period shall be limited to within 15 days per extension.
7) The requester shall be obliged to select winning works obligatorily upon the end of the contest.

Article 19. Intellectual Property Right of a Contest

1) Any participant shall not breach a third party’s copyright, and if any damages/losses occur to the requester or a third party in violation of it, the participant shall be liable for civil/criminal affairs. This applies to the case of being selected as a winning work even after the contest ended. When copyright is breached or any relevant problem occurs, the winning work can be cancelled even after being selected, and the DCB may retrieve the prize money paid to the selected participant.
2) The copyrights on individual components of the contest-registered participant’s intermediary work, pre-work, and final work shall belong to the participant, and those shall not be used without the participant’s permission.
3) The copyright of a winning work for which copyright transfer is agreed between the participant and the requester shall be transferred to the requester, and any cost required for copyright registration shall be borne by the requester.
3-1) However if a commercial image is used for the winning work, the right shall be transferred to only the portion excluding except the commercial image. The copyright of a commercial image is impossible to be transferred.transfer.
4) The winning work shall belong to the requester after transfer, and it can be used without the participant’s approval after the contest ends.
5) The participant who won the contest and the requester who selected the winning work shall approve that DCB can freely and continuously use the winning work without paying royalty as a means to publicize the winning work on/offline.
6) The winning work may be copied, distributed, and second phase work may be manufactured and made public through other online sites and offline for the PR of the ADP and the DCB.
7) The DCB shall not participate as a mediator or an arbitrator for any demand or claim related to the breach of designs and ideas.
8) The DCB shall not be liable for breach and violation of copyrights by a requester or a participant
9) The DCB may delete any content judged to breach, or have a possibility of breaching any third party’s intellectual property right on the ADP.

Article 20. Defects of Design and Idea

The cases judged that there is a defect to a specific design or an idea are as follows:

1) When the requester and participant agree that the design and idea concerned have a defect in advance
2) If the DCB (ADP) judges that the design and idea concerned have a defect
3) In case a third party asserts that he/she has the copyright of the design and idea, and DCB (ADP) acknowledges it.

Article 21. Registration of a Contest and Payment

1) A requester shall pay money comprising of containing prize money, registration cost, value added tax, and various taxes and dues (credit card commission) to the DCB (ADP) to host a contest.
① Of the total amount, prize money is the amount paid to the participant into the contest;
② Of the total amount, registration cost is the commission paid by the requester to the DCB (ADP), and the amount for requester’s option such as each type of promotional option is included.
2) If the contest ends, and if the requester selects a winning work, the designated prize money is paid to the winner. If the second and third prize money is designated, the prize money shall be paid to the second and third winners as well.
3) 4.4% of the paid prize money shall be deducted as withholding tax.

Article 22. Payment of Contest Prize Money

1) Prize money shall be paid only if each of the following conditions is met:
① In case linkage between briefing details and the winning work exists, and all the relevant works are safely delivered;
② If nobody has suspicion on of the winning work or any relevant problem is solved;
③ If there areis no grounds to suspect ground any on the illegality
2) The requester shall immediately approve the prize money delivery, when correction work is finished. If prize money delivery is delayed for one month or more, the DCB can pay the prize money arbitrarily after checking whether correction work has been performed well.
3) The winning prize money shall be deposited to a bank account designated by the participant, and it shall be paid within 15 days after the contest ends (the requester’s approval for prize money delivery).

Article 23. Refund

1) The refund process shall be the same as the payment method during the contest registration.
2) After the contest is finished, if the participants are 0, the paid amount can be refunded except the registration cost and credit card commission.
3) If the number of participants participant is one to less than five, and so a winning work cannot be selected, a 50% refund is possible, but the presented works cannot be used in the case of refund. The prize money not refunded, except registration cost, value added tax, and various taxes and dues, shall be paid to all the participants by evenly dividing it evenly.
4) If the number of participant participants is less than five, the requester may carry out the contest by extending the notice period, and it can be extended up to 15 days per extension, and it can be extended twice a maximum of twice. After extension, the contest shall be changed to a non-refundable contest, irrelevant of the number of participants.
4-1) Provided, however, that if the contest is extended twice or more are extended due to delay of screening by requester’s inevitable situation, the contest shall be changed to non-refundable contest, irrelevant of existing refund policy.
5) Refund is impossible if a winning work is selected.
6) Although the second and third prize money is designated, no winners are selected, the prize money for the second and third standings shall be fully refunded.
7) The prize money paid to participants shall not be returned.

Article 24. IBDA Management

1) The corporate members and design corporate members shall pay a certain amount, set by the DCB, as a work presentation fee when presenting works to the International Busan Design Award (IBDA).
2) The work presentation of any individual members shall be free of charge.
3) Evaluation Committee members shall not present any work to the IBDA. ※ The Evaluation Committee members can present works in the invited/recommended designer sector, which is a non-competitive sector.
4) The DCB has a right to review the presented works (designs, ideas) to the IBDA in each of the following case:
① In case a third party’s copyright is breached;
② If another design/idea-exhibitor ’s report is received;
③ If there is a suspicion of borrowing another exhibitor ’s idea and design;
④ In case there area ground grounds to be suspicious of an illegal design/idea is found
5) Any presented works (designs/ideas) shall not be returned under any circumstances, and the DCB has a right to post any presented works on the ADP.
6) Any paid presentation-related costcosts shall not be returned.

Article 25. Refund from IBDA

1) Any paid presentation cost imposed upon corporate members in the process of participating in the IBDA shall not be returned.

Chapter 5. Change of Contract Details

Article 26. Termination and Use Restriction

1) If a member wants to terminate the service contract, the member shall apply for termination to the ADP through the Internet.
2) The DCB may request the change of member’s ID and password or the DCB may change them due to the reasonreasons such as security, ID policy, and smooth service offeringoperation.
3) The DCB can terminate the service contract without prior notice, if any member does each of the following:
① When the data provided by a member is judged to be false;
② If a member is related to a criminal act;
③ If a member plans or executes the service use to disturb national interest or the social good;
④ If a member steals other member’s service ID and password;
⑤ If a member injures other person’s honor or gives disadvantagescauses them to suffer disadvantages:
⑥ If the same user dually registers with another ID;
⑦ If a member hinders the sound use of the service including harming the service;
⑧ If a member’s act breaches the relevant laws and regulations or use terms and conditions set by the DCB
4) The DCB may terminate the service contract without prior notice or limit service use for a certain period of time in case a member breaches Article 16.3 hereto.
5) The members’ accumulated data will be deleted in the case of contract termination.

Article 27. Prohibition of Transfer

1) Any member shall not give the use right ofright to use the service, and transfer and give his/her status under the service contract, and also shall not give it as security.

Chapter 6. Compensation for damage

Article 28. Compensation for damage

1) Any requester and participant shall not illegally use the other party’s business and technical secrets obtained in the performance process of the service contract or shall not disclose them to a third party.
2) Any requester and participant have an obligation to perform Article 28.1) above during the service contract period, after expiration or cancellation/termination of the service contract, and if any damages/losses occur to the other party, either the requester or the participant shall compensate for the damages/losses.
3) The DCB shall not be liable for any damages/losses occurring by other reasons, rather than by causes attributable to the DCB in relation to the service provided for free.

Article 29. Exemption Clauses

1) The DCB shall be exempted from responsibility to offer a service offering if the service cannot be provided due to a natural disaster, war, and other force majeure.
2) The DCB shall be exempted from responsibility in case any damages/losses occur because a key telecommunications service provider suspends its service or does not normally provide its service.
3) The DCB shall be exempted from responsibility for damages/losses occurring due to inevitable causes such as repair, replacement, regular inspection, and construction/installation of the facilities for the service.
4) The DCB shall be exempted from responsibility for damages/losses occurring due to user’s computer error or incorrect dodgy entering of member’s personal information and email address.
5) The DCB shall not be liable in relation to goods transactions or monetary transactions between any member and any third party through the service, and shall not be responsible for expected profits with regard to any member’s service use.
6) The DCB shall not guarantee the accuracy and reliability of the opinions or information entered on the service by any member or other relevant institutions. DCB shall not be burdened against any type of profits or losses obtained/caused by the user’s dependence upon the details above.

Article 30. Trial Jurisdiction

1) If any dispute arises between the DCB and a member with regard to service use, the DCB and the member shall make the utmost efforts required to smoothly solve the dispute.
2) Nonetheless, Article 30.1) above;, if a lawsuit on the above dispute is filed for, the court having jurisdiction over the DCB-located area shall be the competent court.

* Supplementary Provision
1. The terms of service shall take effect from November 1, 2020.
2. The terms of service shall take effect from July, 1, 2024.

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