Terms
ZEPETO Render-it General Terms of Use
Last Updated: April 11th, 2023
Thank you for using ZEPETO Render-it!
Article 1. Purpose
These Render-it General Terms of Use apply when you use NAVER Z Corporation (“NAVER Z”, “we”, “us” or “our”)’s ZEPETO Render-it (“Service” or “Render-it”), including our application programming interface, website related programs, software, any information, text, graphics, photos, audio or other materials uploaded, downloaded or shared on Render-it.
Article 2. Definition
① Definition
- “End Users” refer to the users of ZEPETO Render-it who register as members and agree to ZEPETO Render-it Terms.
- “Individual Service(s)” refer to various individual services provided within ZEPETO Render-it.
- “ZEPETO” means NAVER Z’s metaverse platform called ZEPETO, including but not limited to its application, website, related program, software, etc.
- “ZEPETO Contents” refer to all contents uploaded, downloaded from, or shared within ZEPETO, including but not limited to the information, texts, graphics, images, characters, avatars, photos, audio materials, etc.
- “ZEPETO Render-it” or “Service” refers to a service allowing users to render and use 3D images based on ZEPETO Contents, including Individual Services within ZEPETO Render-it Service.
- “ZEPETO Render-it Terms” or “Terms” include these ZEPETO Render-it General Terms of Use, Terms of Use of Individual Services, Privacy Policy, Operation Policies, and other documentation, guidelines, policies, or notices we may provide in writing.
- “ZEPETO Terms” refer to ZEPETO Terms of Use, ZEPETO Paid Service Terms, ZEPETO Studio Terms of Use, Privacy Policy, Operation Policies, and other documentation, guidelines, policies, or notices NAVER Z may provide in writing.
② Any terms not defined in this Definition will be interpreted according to the terms defined in other ZEPETO Render-it Terms, ZEPETO Terms, and other terms and conditions, or relevant laws and regulation.
Article 3. Registration and Access
① By agreeing to ZEPETO Render-it Terms or using the Service, you enter into the agreement with NAVER Z for the use of ZEPETO Render-it. You may not use ZEPETO Render-it unless you agree to these Terms. Please read these Terms carefully.
② If you are a minor in your jurisdiction, you must have your parent(s) or legal guardian’s permission to use the Service. Please read these Terms with your parent(s) or legal guardian. If your parent(s) or legal guardian agrees to these Terms on behalf of you, these Terms shall be binding on you, and your parent(s) or legal guardian shall be responsible for your use of the Service.
③ If you use the Service on behalf of your company, you represent that you have the authority to accept the Terms on their behalf. By agreeing to these Terms, you are considered to agree to these Terms on behalf of Your company.
④ If you use ZEPETO Render-it together with ZEPETO, ZEPETO Terms shall apply to such use.
Article 4. Amendment
① We will post these Terms on the home page of the Service in order for you to easily access the information.
② If NAVER Z amends these Terms, we will notify you of the amended Terms together with the current Terms, specifying the effective date and the reason for the amendment, from seven (7) days prior to the effective date of the amended Terms to the day before the effective date. However, if the amendment is unfavorable to you, we will announce it at least thirty (30) days prior to the effective date, and individually notify you of such amendment by way of notification on the Service or via e-mail, etc.
③ When you do not consent to the amended Terms, you must notify us of the intent to terminate the agreement with NAVER Z and may terminate the agreement. Also, NAVER Z may terminate the agreement if there is a special circumstance where NAVER Z cannot apply the previous Terms to you.
④ If NAVER Z announces or notifies you of the amended Terms in accordance with Paragraph 4, and if you do not notify us of refusal to the amendment, you will be considered to have agreed to the amended Terms.
Article 5. ZEPETO Render-it Terms
① In addition to ZEPETO Render-it General Terms of Use, NAVER Z may enact Operation Policies and separate Terms of Use of Individual Services in order to provide detailed terms not specified in these Terms.
② Operation policies, Individual Service’s Terms of Use, notice pages, and ZEPETO Terms shall apply to those not specified in these Terms.
③ In case of any conflict or inconsistency between these ZEPETO Render-it Terms and ZEPETO Terms, these ZEPETO Render-it Terms shall prevail.
Article 6. Notice
① NAVER Z may send the notification to the End Users via emails or by way of other notification methods within ZEPETO Render-it such as push notification or a pop-up window.
② When notifying to all of the End Users, instead of using the foregoing notification methods, NAVER Z may display and publish such notification on the homepage, or the notice page for seven (7) days and longer.
③ You must provide to NAVER Z and maintain and update the most current email address or any other contact information and check the notification frequently.
④ NAVER Z is not liable for any damages incurred to you if you fail to comply with foregoing Paragraph 3.
Article 7. Usage Requirements
① You may not use the Service unless you agree to these Terms. How to use the Service can be found at Individual Service’s Terms of Use, Operation Policy, or notice page.
② In case you need to connect ZEPETO for the use of ZEPETO Render-it, you agree to go through necessary procedures to connect ZEPETO Render-it with ZEPETO, and then ZEPETO Contents can be available within ZEPETO Render-it.
③ You may connect ZEPETO Contents to the extent allowed by ZEPETO Render-it. The scope of such allowance may be changed due to any changes to Operation Policies of ZEPETO Render-it or ZEPETO, or any changes to the license scope of the contents provided by a third party.
④ You may use the user generated contents you created (“UGC Contents”) on ZEPETO Render-it within the license scope allowed by NAVER Z. Intellectual property rights or any propriety rights to ZEPETO Contents included in your UGC Contents are owned and maintained by NAVER Z or other third right holders. Therefore, you must comply with these Terms, Individual Service’s Terms of Use, their Operation Policies, and ZEPETO Terms provided by ZEPETO.
Article 8. Fees and Payments
① You will pay all fees charged to your account (“Fees”) based on your usage according to the prices and terms on the applicable pricing page of Individual Service or Individual Service’s Terms of Use.
② You authorize us, affiliated company, or our third-party payment processor(s), to charge, bill and settle your payment for the Fees. Detailed payment method and process will be determined by payment terms of NAVER Z or our third-party payment processor(s).
③ We may change our prices of ZEPETO Render-it anytime by posting notice as set forth in Article 6. Price increases will become effective 30 days after such notice; provided, however, where price increases are made due to legal grounds or made to beta services, such increases may become effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.
Article 9. Restrictions
① You must use the Service while complying with these Terms. You are fully responsible for any use violating these Terms and any liabilities (incurred to us and a third party) arising from such use.
② You are not allowed to create obscene contents, illegal contents, violent/cruel/repulsive contents, any contents that undermines social order, any contents that infringe on the rights of others, any contents that infringe the copyright, and any contents that violate these Terms through ZEPETO Render-it. You are not allowed use the contents created on ZEPETO Render-it for the foregoing purposes.
③ When using ZEPETO Render-it, you can save and use the contents created on the Service only through the functions provided by Naver Z. You must not store, transmit, copy, reproduce, or download the contents created on the Service in a usage prohibited by NAVER Z.
④ When using the contents created on ZEPETO Render-it, you must not modify, create derivative works of, transform, edit, or utilize the contents in a way that distort or deteriorate the quality of the contents (e.g., by way of tampering, distortion, etc.).
Article 10. Use of Contents to Improve the Service
① For ZEPETO Render-it, NAVER Z may store the data or the contents you upload, and newly created contents for maximum 90 days from the latest modification date of the contents in the course of using ZEPETO Render-it in order to respond to your questions, customer complaints, and other users’ reports.
② In order to provide a better service to you and improve the quality and performance of the Service, NAVER Z may store or use the data you provide to us in the course of using our Service. We can use the data for purposes of improving performance, upgrading and optimizing the Service.
Article 11. Suspension or Modification of the Service
① Due to material reasons or operational and technical needs, NAVER Z may change or suspend all or part of the functions of ZEPETO Render-it.
② All of part of the Service may be changed or discontinued due to any changes to ZEPETO Render-it, the Operation Policy, or the licenses granted by the third parties.
③ If there is any change to ZEPETO Render-it or its usage, we will notify you of such change, reasons, and effective date on the homepage of the Service in advance.
④ In case of suspending ZEPETO Render-it as set forth in this Section, NAVER Z will notify you in advance in accordance with the method set forth in Article 6 by specifying the reasons for the suspension and the suspension period. Notwithstanding the foregoing, if there is an unavoidable reason that we cannot notify in advance, we may notify you after suspension.
Article 12. NAVER Z’s Termination and Suspension
① We may terminate these Terms immediately upon notice or suspend your access to the Service if you materially violate the relevant laws, breach any of these Terms, or infringe upon any third party’s rights, or if we have reasonable grounds to believe your behaviors violate the relevant laws, breach any of these Terms, or infringe upon any third party’s rights.
② In case of termination or suspension, we will notify you by the method set forth in Article 6.
③ We may take any technical measures to prevent creation or use of the contents which violate these Terms on ZEPETO Render-it.
④ If we find any contents created on ZEPETO Render-it violate the Terms, we may take necessary measures on the contents and request you to provide explanation. In addition, we may request a third party to take down or delete such contents posted on the third party’s platform.
Article 13. Your Termination and Refund
① You may cease to use the Service and terminate the agreement with NAVER Z at any time by deleting the account and withdrawing from the Service. In case ZEPETO Render-it Service is provided through a third-party platform (i.e. AWS marketplace, etc.), by way of deleting ZEPETO Render-it Service from such platform, your membership to ZEPETO Render-it will be terminated. You may terminate the agreement in either way.
② You are responsible for any fees due prior to the termination date.
③ As fees are charged to you based on your usage of the Service, payments are nonrefundable, except for the usage due to technical errors or reasons attributable to the Service or NAVER Z.
Article 14. Indemnification; Disclaimer of Warranties; Limitations on Liability
① Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Service, including your content, products or services you develop or offer in connection with the Service, and your breach of these Terms or violation of applicable law.
② Disclaimer.
(i) YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NAVER Z’s SERVICEs, WEBSITE, APPLICATION, CONTENT AND ALL OTHER MATERIALS ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS OR IMPLIED LEGAL WARRANTY. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE SERVICEs OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES, OR MATERIALS WILL BE CORRECTED IMMEDIATELY.
(ii) NAVER Z shall not be liable for any damages incurred to you arising from your failure to check or read relevant regulations, any changes to these Terms, or notices or notifications sent to You.
(iii) NAVER shall not be liable for any damages incurred to You due to the following reasons.
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Act of God or force majeure events
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In case of your failure to manage your ID or password properly
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In case of suspension of the Service due to technical failures operated by a third party or not managed by NAVER Z
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Other reasons caused by NAVER Z
(iv) NAVER Z shall not be responsible for any disputes between the End Users or between the End User and any third party related to or arising from ZEPETO Render-it, and shall not be liable for any damages incurred to you unless they are caused by NAVER Z’s fault.
③ Limitation on Liability.
(i) NEITHER WE NOR ANY OF OUR AFFILIATES, SUPPLIERS, OR LICENSORS OR ITS REPRESENTATIVES, OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(ii) You are responsible for any issues arising from your breach of these Terms and relevant laws and regulations, and NAVER Z shall not be liable for your breach or the consequences from such breach.
Article 15. Dispute Resolution
① Unless otherwise specified in writing, these Terms shall be governed by and construed in accordance with the laws of the Republic of Korea.
② Notwithstanding the preceding paragraph, if you have an address or a residence overseas, a lawsuit regarding any dispute you have with NAVER Z shall be brought to the Seoul Central District Court of the Republic of Korea.
③ You and NAVER Z each disclaim any liabilities and rights under the U.N. Convention on Contracts for the International Sale of Goods, and agree not to apply them to the use of the Services.
Article 16. General Terms
① Entire Agreement. These Terms, shall constitute an entire agreement between you and NAVER Z regarding the Service, and these Terms supersede and replace any prior agreements between you and NAVER Z regarding the Services.
② Relationship of the Parties. These Terms do not create a partnership, joint venture, or agency relationship between you and NAVER Z or NAVER Z’s affiliates. You and NAVER Z are an independent contractor and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
③ Use of Brands. You shall not use NAVER Z or its subsidiaries or affiliates’ names, logos, or trademarks without our written consents.
④ Waiver and Severability. If you do not comply with these Terms, and NAVER Z does not take action right away, this does not mean NAVER Z is giving up any of our rights. If any of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
⑤ Assignment and Delegation. You may not assign any rights or obligations under these Terms, and any purported assignment and delegation will be null and void. NAVER Z may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a cooperate reorganization.