NAVER Terms and Conditions of Use

This terms and conditions of use (hereinafter referred to as the "Terms and Conditions") defines the conditions between NHN Japan Corporation (hereinafter referred to as the "Company") and customers (hereinafter referred to as the "User" or "Users") in regards to the use of websites, software, applications, products, documents and other products and services provided by the Company under the service name, NAVER, except for NAVER LINE, （hereinafter referred to as the "Service").

Article 1. Agreement to Terms and Conditions of Use

  1. The User must use the Service in accordance to the provisions stated in the Terms and Conditions. The User cannot use the Service unless he/she makes a valid and irrevocable agreement to the Terms and Conditions.
  2. Minors can use the Service after acquiring consent from their legal representatives such as parents.
  3. By actually using the Service, the User is deemed to have provided valid and irrevocable consent to the Terms and Conditions.

Article 2. Collection and Use of Personal Information

  1. The User must provide genuine, accurate and complete information when providing information related to the User to the Company while using the Service.
  2. When the User registers a password in using the Service, the User must exercise due care and be responsible to avoid the password being used fraudulently. The Company can treat all activities conducted with the password as the activities conducted by the User him/herself.
  3. Provisions related to the handling of User's personal information will follow the regulations stated in the Privacy Policy and Personal Information Protection Policies for Respective Services as well as the provisions in this Article.

Article 3. Restrictions

The User must not engage in and guarantees not to conduct the following when using the Service.

  • (1) Activities that violate the law, the verdicts, resolutions or orders of court, or administrative measures that are legally binding.
  • (2) Activities that may hinder public order or good customs (including submitting, posting, disclosing, transmitting expressions that lead to the discomfort of others, including excessively violent or sexual expressions, or other anti-social content.)
  • (3) Activities that infringe upon the rights (including intellectual property rights, such as copyrights, trademarks and patents, fame, privacy and all other rights granted by the law or agreements) of the Company and/or a third party.
  • (4) Activities that lead to the misrepresentation of the Company or a third party or intentional spreading of false information.
  • (5) Activities that use the Service for commercial purposes without prior approval from the Company, use the Service to meet a person for sexual encounters, or use the Service for purposes other than the Service's true intent.
  • (6) Activities that benefit or collaborate with anti-social groups.
  • (7) Activities that is related to religious activities or invitations to a certain religious group.
  • (8) Activities that leads to the collection, disclosure, or provision of a third party's personal information, registered information or user history without prior consent.
  • (9) Activities that interfere with the Company's operation of the Service, or the Users' use of the Service.
  • (10) Activities that aid or encourage any activity stated in Clauses 1 to 9 above.
  • (11) Other activities that are deemed by the Company to be inappropriate.

Article 4. Handling of Content

  1. In the Terms and Conditions, "contents" mean information such as texts, audio sources, music, images, videos, programs and/or codes. "The Contents" are the contents that can be accessed through the Service. "Submitted Contents" are the contents that have been posted, transmitted, uploaded by Users and saved in the servers managed by the Company. "Publicly Submitted Contents" are Submitted Contents that are generally accessible and viewable by other Users.
  2. Users maintain the rights to their Submitted Contents including Publicly Submitted Contents. Such rights will not be transferred to the Company. However, by submitting Publicly Submitted Contents, Users grant the Company rights and the Company obtains a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, perform, transmit, nuncupate, display, distribute, lease, translate, prepare derivative works of, and modify (to the extent that the Company believes it is necessary for its business) the Publicly Submitted Contents, regardless of the purposes of profit-making, for an indefinite period. Moreover, Users must agree not to exercise the author's moral rights (chosakushajinkakuken) for "Publicly Submitted Contents" against such uses mentioned above by the Company and/or the third parties designated by the Company.
  3. The User must not use the Contents beyond the scope of the intended use of the Contents in the Service (including but not limited to copy, transmission, reproduction, modification.) except for obtaining prior consent from both the Company and rights holders.
  4. The Company may check the details of the Submitted Contents when the Company acknowledges the needs to check whether the Submitted Contents violate related laws or provisions in the Terms and Conditions. However, the Company is not obligated to conduct such investigations.
  5. In case the Company recognizes that the User has violated, or may violate applicable laws or provisions in the Terms and Conditions related to Submitted Contents, then the Company can preclude the User's use of the Service or the Submitted Content in certain manners such as deleting the Submitted Content from the server managed by the Company without providing the User with prior notification. Therefore, the User is recommended to keep a backup of the Submitted Content.
  6. The Company may, as stated below, grant the User authority to delete contents posted by other User(s). Such authorized User should exercise such authority only if the posted content violates the Restrictions stipulated in the Terms and Conditions or for justifiable reasons, upon the User's own responsibility and must not abuse the authority.
    • (1) The User of NAVER matome's "Group matome," participating in a Group, can delete contents posted on "Group matome" by other User(s) that are member(s) of the relevant Group.
    • (2) The User of NAVER cafe who started a cafe or has been appointed as administrator can delete contents posted by other User(s) that are member(s) of the relevant cafe.

Article 5. Compensation to the Company

In case when the Company has suffered a loss or damage or been charged an expense (including but not limited to the lawyer's fee) directly or indirectly (including but not limited to the case when the Company has been claimed by a third party) due to the User's use of the Service violating applicable laws or the Terms and Conditions, the User must immediately compensate or indemnify such loss, damage and/or expense according to the Company's demand.

Article 6. Provision, Non-guarantee, Alteration and Termination of the Service

  1. The User shall prepare necessary items such as a PC, a mobile phone, a communication device, an operating system, communication means and power necessary for using the Service under the User's own responsibility and at the User's own expense.
  2. The Company may limit the eligibility for using the Service depends on the conditions that the Company considers necessary such as current membership status, age, and identification.
  3. The Company may provide the Users with advertisements of the Company or the third party in the Service.
  4. The Company can modify or cease entire or part of the Service anytime without prior notice to the Users at the Company's own discretion.
  5. The Company does not guarantee that the Service (including the Contents) is free from de facto or legal flaws (including but not limited to safety, reliability, accuracy, integrity, effectiveness, fitness to certain purposes, security-related faults, flaws, bugs, violation of rights). The Company shall not be responsible for providing the Service without such defects. However, if the agreement (including but not limited to the Terms and Conditions) between the Company and the User regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan and such an agreement will be a contract for value, the above provision does not mean to entirely exempt the Company's responsibility to indemnify any loss inflicted upon the User due to invisible defects of the Service. In such case the treatment of compensation follows Article 7, clause 2.
  6. The Company may take measures that the Company consider necessary and appropriate, if the Company acknowledges that the User uses the Service violating the Terms and Conditions. However, the Company does not guarantee other Users and the third parties that the User and others do not violate the Terms and Conditions. Furthermore, the Company shall not be responsible for correcting or preventing such violation of the Users or others.

Article 7. The Company's Exemption of Liability

  1. The Company shall not be responsible for any damages inflicted to the Users in relation to the use of the Service. However, if the agreement (including but not limited to the Terms and Conditions) between the Company and the User regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then this exemption clause shall not be applied.
  2. Notwithstanding the condition stated in the proviso of Section 1 above, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or the Users predicted or could have predicted) in respect of the failure to perform the Company's obligation under the agreement mentioned in the proviso of Section 1 above or the Company's wrongful conduct due to the Company's negligence (except for gross negligence). The compensation for ordinary damages in respect of the failure to perform the Company's obligation under the agreement mentioned in the proviso of Section1 above or the Company's wrongful conduct due to the Company's negligence (except for gross negligence) shall be limited up to the amount as the following.
    • (1) The amount equivalent to the fees that the Company received from the User during the month that the User has suffered the damages, if the damages arise from the Service that has been provided with charge.
    • (2) The amount equivalent to the connection fees that the User paid to his/her ISP during the month that the User has suffered the damages, if the damages arise from the Service that has been provided with no charge.

Article 8. Withdrawal, Suspension and Outside Account

  1. Any User who registered to the Service may delete his/her account and withdraw from using the Service. In such case, information related to the User that the Company holds shall be processed according to Personal Information Protection Act in Japan, its related regulations and the Privacy Policy. Moreover, according to the Article 4, clause 2, the Company will continue to possess the right to use "Publicly Submitted Contents" after the withdrawal of Users.
  2. The Company can suspend or delete a certain User's account without prior notice to the User if the Company acknowledges the possibility that the User is violating or has violated the Terms and Conditions.
  3. Users who login to the Service with an account that is provided by other business operators (hereinafter referred to as the "Outside Account") should be aware of the fact that if the Outside Account is no longer authenticated by the business operators issued the Outside Account in such cases as having deleted the Outside Account, Users cannot login to the Service with the Outside Account any longer.

Article 9. Method of Notification or Contact

  1. When the Company notifies or contacts the User in regard to the Service, the Company can use a method that the Company consider appropriate such as posting on the website operated by the Company.
  2. When the User notifies or contacts the Company in regard to the Service, the User must use the customer inquiry form available on the website operated by the Company or by means of other methods designated by the Company.

Article 10. Relations to individual terms and conditions of use

  1. If there are documents released or uploaded by the Company under the names of 'Agreement,' 'Guideline,' 'Policy' etc. (hereinafter 'Separate Terms and Conditions') in relation to the Service, in addition to the Terms and Conditions, the User also must comply with the Separate Terms and Conditions as well as the Terms and Conditions.
  2. In the event of a provision resulting in a conflict between the Terms and Conditions and the Separate Terms and Conditions, the provision in the Separate Terms and Conditions supersedes the Terms and Conditions.

Article 11. Modification of the Terms and Conditions

The Company may modify the Terms and Conditions or Separate Terms and Conditions when the Company deems necessary, without providing prior notification to users. The modification become effective once the modified Terms and Conditions or Separate Terms and Conditions are posted on an appropriate location within the website operated by the Company. The User shall be deemed that he/she has made valid and irrevocable consent to the modified Terms and Conditions or Separate Terms and Conditions by continuing the use of the Service. Users must refer to the Terms and Conditions on a regular basis when using the Service, since a separate notification regarding the modification is not provided.

Article 12. Governing Law and Jurisdiction

Where the Company has provided Users with a Japanese language version of the Terms and Conditions (hereinafter referred to as 'Japanese Version'), the Japanese Version will govern the relationship between Users and the Company. In the event of a provision resulting in a conflict between the Japanese Version and a translation, the provision in the Japanese Version supersedes such translation. The Terms and Conditions will be governed by the laws of Japan. The conflicts that arise from the Service or the conflicts between the User and the Company related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court. The judgment in favor of the Company from governing court shall be executable in any court in any country.

Last updated on December 29, 2011

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