Terms and Conditions of Use
National Museum of Modern and Contemporary Art, Korea (hereinafter referred to as the “MMCA”) provides www.watchandchill.kr and its subdomains (including websites accessed through mobile devices as well as downloadable mobile applications) and application program interfaces ("APIs") (collectively, the "Website") in support of the MMCA's mission to collect, preserve, study, exhibit, and encourage appreciation for and advance knowledge of works of art. By subscribing to Website, users agree to the following terms and conditions that can be amended by MMCA at any time: It is recommended that you visit this page occasionally to review the current terms and conditions.
- Usage Contract
1.1 This Terms and Conditions of Use shall be approved by the user subscribing his/her personal information in the form provided by MMCA on the member information screen.
1.2 MMCA shall cancel the subscription under any of the following conditions.
1.2.1 When applied using another person's name
1.2.2 When an applicant has written false information on the application form
1.2.3 Obstructing others’ usage of the services of this site or peculating the information provided
1.2.4 Acting to be forbidden by the law or this agreement using this site
1.2.5 Unfulfilling membership conditions designated by this site
1.3. MMCA can reserve to completing this usage contract until the following terms are resolved.
1.3.1 When there is not enough capacity for related services
1.3.2 When there are technical issues
1.4 Application to usage of this site with agreeing to the agreement is assumed as you agree for MMCA to collect and use your membership information.
- Withdrawal of Membership
2.1 The member may request MMCA to be withdrawn from membership at any time through related menu in Website, in which case MMCA will process the request immediately by related law.
2.2 When the member terminates the contract, integrated posts registered in the individual account among the articles that member has created are deleted, and the service must be logged will not be available anymore.
2.3 MMCA may terminate or suspend membership, if any member conducts one of the following activities,
2.3.1 If provide false information of the membership application
2.3.2 If related to criminal activities
2.3.3 If another person's ID or password is misused
2.3.4 If interfere with the operation of MMCA’s service
2.3.5 If apply for the purposes of undermining public order and morals of the society
2.3.6 If defame or otherwise bringing harm to others
- Copyright and Proprietary Rights
Text, images, audio, and other information such as data, software, documentation, and contents on the website (collectively, “Materials”) contained in multimedia files and clips used on the website are copyrighted or owned by the MMCA or its licensors (individuals, organizations, corporation).
Trademarks, service marks, and logos displayed on Website (collectively, the "Trademarks") are registered and/or unregistered Trademarks of MMCA or exhibition participating organizations. Trademarks of third parties may also be displayed on Website. Nothing contained on Website shall be construed as granting, by implication, estoppel, or otherwise, a license or right to use Trademarks displayed on Website without the express written permission of the MMCA or any third party to own Trademarks displayed on Website. Unauthorized use of Trademarks or other Materials is strictly prohibited, except as otherwise authorized in these Terms and Conditions.
- Authorized Uses
Materials for authorized use fall into two categories
- Materials identified as Public Domain
- Materials MMCA considered to be under copyright or other restrictions
5.1 Materials identified as Public Domain
By giving up the rights to Materials identified as Public Domain, MMCA allows free use of such Materials for any purpose, including commercial and noncommercial use, without permission from MMCA. These open access to Materials is provided under a Creative Commons Zero (CC0) license.
5.2 Materials the MMCA considered to be under copyright or other restrictions
Materials considered by MMCA to be copyrighted or otherwise restricted may be used only for noncommercial, educational, or personal purposes use, or for fair use as defined in the Copyright Act of the Republic of Korea. Users may download these files for their own use, subject to additional conditions or restrictions that may apply to the individual files or programs. However, the user shall cite the author and source of the Materials as they would quote from any work, and the citations shall include the URL "www.watchandchill.kr" but shall not cite the Materials in a way that suggests the user’s endorsement or legal use of the Materials. Whether accessed directly from Website or via other sites or mechanisms, users shall agree to restrict the use of such files to non-commercial, educational, personal or fair use by downloading, printing, or using materials and not to infringe on the ownership of MMCA or other parties. Users may not remove any copyright, trademark, or other proprietary notices, including attribution information, credits, and copyright notices that have been placed on or near the Materials by MMCA. Downloading, printing, copying, distributing or using Materials for commercial purposes, including commercial publication or personal gain, is expressly prohibited. Unless the material is identified as a Public Domain, all rights not expressly granted here by MMCA are specific and fully reserved. MMCA does not guarantee that use of any Materials displayed on the Websites will not infringe the rights of third parties which are not owned nor affiliated with MMCA. For instance, some works may be copyrighted by the author or heirs who own rights in the work or may contain third-party trademarks or publicity rights. Captions may provide more information about the status of the work's rights. The work in which such rights are specified shall not be used arbitrarily in any form. Users shall not copy or download this work without prior permission from the holder of the underlying rights.
- Technical Protection Measures
MMCA adopts technical protection measures for copyright protection in a way to comply with the online service provider's liability restrictions under the Korean Copyright Act. MMCA utilizes technical protection measures held by Vimeo Premium and discussed them with Vimeo.
By creating an account and password on Website, users agree to maintain the confidentiality of their login credentials and are responsible for restricting access to personal computers and mobile devices. Users agree to use Website only for lawful purposes and does not engage in any activity that compromises the security of the website or damages Website and its content.
- User-Generated Content
By posting contents including comments, photos, reviews, and links to external sites on Website and using message services, users agree to comply with all requirements and procedures for posting and messaging, avoid using abusive and offensive language, refrain from posting commercial content and political commenting, and do not infringe on third parties’ rights, including privacy, copyright, trademarks, etc. MMCA do not support comments or recommendations posted by users or third parties. MMCA requires users to obtain all necessary rights or permission to use the author's works, copyrighted stories, or news articles written by others before posting or distributing content on Website. It is strictly prohibited to publish or transmit illegal, threatening, or infringing materials that may constitute an act that may be considered a criminal offence, create civil liability, violate privacy or publicity, or otherwise violate the law. MMCA holds the right to inspect, monitor, review, edit, remove, reject, or delete content for any reason, but it is not mandatory. The repeated intruder's access and account will be terminated in due course. MMCA does not guarantee that the use of Materials on Website does not violate the rights of third parties, and is not liable for errors, defamation, insults, omissions, falsehood, obscenity, pornography danger, or inaccuracies contained in information on such locations of Website.
Note: MMCA can stop some part of Website at any time. Comments shall not be deleted when requested by the user. By submitting comments, users acknowledge that they will be posted on the Internet. The user grants MMCA the right to quote the comments from any media that is currently known and will be created in the future. By posting or distributing information or materials on Website, users explicitly relinquish ownership of the comments, and such information or materials are freely copied and distributed by others without users’ permissions.
MMCA has not reviewed all sites or pages linked to Website and is not responsible for the content or privacy policies of any other site or page which Website links or is linked to. MMCA provides these links as a convenience, and links to pages off-site or to other sites are at the user’s own risk. Links do not imply endorsement or affiliation with the sites linked by MMCA.
- Disclaimer of Warranties
Not limited to the foregoing, Material on Website is provided just as it is without any express or implied warranties of any kind, either implied warranties of merchantability, suitability for a particular use, copyright ownership, non-infringement, or other proprietary rights of third parties. MMCA may update, change, or delete content at any time. MMCA shall make reasonable and continuous efforts to modify and update Website, but does not guarantee that Website will provide continuous, fast, safe, or error-free services, nor shall it be liable for any damage or loss caused by users or third parties, including content inaccuracies or unavailability of Website. MMCA are not liable for viruses that may infect users’ computer equipment or other property by using Website or downloading data from Website, and do not compensate for such damage. MMCA may, at its discretion, suspend or delete Website, or sections or Materials within Website at any time.
- Limitations of Liabilities
The affiliates, trustees, directors, executives, employees, or agents of MMCA or MMCA shall not be liable for direct, indirect, incidental, punitive, special or consequential damages arising out of or in connection with the use of Website or Materials.
- Copyright Act
MMCA is doing its best to comply with the Korean Copyright Act and related laws (hereinafter referred to as the “Copyright Act, etc.”), and requires all users of Website to comply with these laws. Owners of works who believe their rights have been infringed under the Copyright Act, etc. may report a claim of infringement under the Copyright Act, etc. Copyright owners of all content shall contact MMCA immediately upon determining that infringement has occurred, to report concerns about copyright infringement to MMCA. If such notice is provided by email, please address email@example.com.
Vimeo Copyright Policy https://vimeo.com/dmca
DMCA Takedown Notices https://vimeo.com/dmca/counter
The user agrees to indemnify, defend, and hold MMCA and its respective supervisors, trustees, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees, judgments, liabilities, losses, and damages arising from or relating to your use of or operation of Website or any of Materials.
- Entire Agreement
- Applicable Law and Jurisdiction
Terms and Conditions of Use and any amendments made hereunder shall be governed and construed in accordance with the laws of the Republic of Korea. Any dispute arising in connection with Terms and Conditions of Use shall be filed with the Seoul Central District Court in Seoul, South Korea, and the parties shall waive their right to appeal to the jurisdiction of the court.
- Effects and Modification of Terms and Conditions
Terms and Conditions of Use takes effect from Aug 24, 2021. and shall apply when the user subscribes to a membership simultaneously. Terms and Conditions may be modified without notice. Such modification shall be informed on the site or via e-mail to members, upon which the effect will take place immediately. If members do not agree to the revised agreement, they may cancel their membership registration (Withdrawal). Their continuous usage of the membership will be considered as their agreement to the revision.