Chapter 1 General Provisions

Article 1 (Purpose)

These Terms and Conditions of service are designed to define the basic matters concerning the terms, conditions and procedures for use of online services (hereinafter “services”) provided by nest hotel (hereinafter “the hotel”).

Article 2 (Validity and Amendment of the Terms and Conditions)

①These Terms and Conditions shall take effect upon their publication through display on service menus or at the hotel.

②The hotel may revise these Terms and Conditions, and the revised Terms and Conditions shall take effect upon their publication as provided under the above paragraph. 

③Customers who use membership services may discontinue their use of the services and terminate the service contract. Continued use of the services after the Terms and Conditions take effect shall be deemed as giving consent to the revised Terms and Conditions. 

Article 3 (Provisions Other than the Terms and Conditions)

When matters not specified in these Terms and Conditions are provided under the Framework Act on Telecommunications, the Telecommunications Business Act, and other applicable laws and regulations, such provisions shall apply to the services. 

Article 4 (Definitions)

The terms used hereunder shall be defined as follows:

①Member(s) refer to those who have signed a service contract with the hotel or have created an ID to use the services. 

②ID refers to a combination of letters and numbers determined by a member which the hotel approves to identify the member and his or her use of the services.

③Password refers to a combination of letters and numbers determined by a member to authenticate that he or she is the member matched with his or her ID and to protect his or her privacy. 

④Termination refers to the intention expressed by the hotel or a member to terminate the service contract after the services have been initiated. 

Chapter 2 Service Contract

Article 5 (Establishment of Service Contract)

The service contract is established when the hotel accepts a customer’s application for use of the services. 

Article 6 (Application for Use of the Services)

①A customer shall apply for the services by filling out all the required information on the form provided by the hotel.

②Only a customer 19 years of age or older may apply for the services. 

③All information a customer provides by filling in the application form shall be deemed as true and correct. Those who fail to fill in their real names or fill in false information may not be protected by laws and their use of the services may be restricted. 

Article 7 (Acceptance of Application for Use of the Services)

①The hotel accepts applications for use of the services as provided under Article 6, except in the case of those falling under Paragraphs 2 and 3 below.

②The hotel may delay its acceptance of an application for use of the services until the cause for restricting the acceptance is resolved: 

 a. If the capacity of the service equipment is insufficient;

 b. If a technical obstacle exists; or

 c. If there are other reasons as determined by the hotel.

③The hotel may refuse to accept an application for use of the services:

 a. If the application is made using the name of a third party;

 b. If false user information is used on the application form;

 c. If the application is made with the intent to disrupt the order and customs of      society; or 

 d. If other application requirements presented by the hotel are not satisfied.

Article 8 (Change of User Information)

 A member shall update his or her personal information when the user information entered at the point in time of application has changed. The user shall be responsible for any problems arising from his or her failure to update the user information. 

Chapter 3 Obligations of Parties to the Contract

Article 9 (Obligations of the Hotel)

 ①The hotel shall not disclose or distribute the personal information of a member acquired in connection with the provision of the services without prior consent of the member, unless any of the below cases occurs:

 a. If requested by a government organization in accordance with laws, including the Framework Act on Telecommunications; 

 b. If requested for the investigation of crimes or requested by the Korea Communications Standards Commission; or

 c. If requested under other applicable laws and regulations.

②Within the scope defined in Paragraph 1 above, the hotel may prepare and use statistical data concerning all or part of the personal information of members for the purpose of its business operations; and it may transmit digital cookies to members through the services, provided that the members may refuse to receive such cookies or may reset their browsers to be warned about the receipt of such cookies. 

Article 10 (Obligations of Members)

①A member shall not commit any of the below acts while using the services:

 a. Unauthorized or illegal use of an ID of a third party;

 b. Using or providing information acquired while using the services for purposes other than use of the service, without prior approval of the hotel, including the copy, reproduction, modification, translation, publication or broadcasting of information;

 c. Infringing copyrights and other rights of the hotel or a third party;

 d. Disseminating information, written content or graphics that disrupt the order and customs of society;

e. Acts deemed to be criminal or objectively regarded as linked with crimes; or

f. Other acts violating other laws and regulations. 

② A member shall comply with all applicable laws and regulations, requirements hereunder, and instructions about use of the services. 

③ A member shall comply with all service restrictions the hotel displays on service notice boards or otherwise publishes.

④ A member shall not conduct any profit-seeking activities using the services without the prior approval of the hotel. 

Chapter 4 Services Provided and Use of the Services

Article 11 (Obligations of Members to Manage IDs and Passwords)

A member shall be responsible for the management of his or her ID and password. A member shall be fully responsible for all consequences of the negligent management or illegal use of his or her ID and password.

A member shall report to the hotel without failure when he or she discovers any fraudulent use of his or her ID or any other security breaches. 

Terms and Conditions of Online Membership

Article 12 (Provision of the Services)

① The hotel may provide a member with information via email, mail or other means during their use of the services if deemed necessary. A member may refuse to receive such information at the subscription and membership information editing pages. 

② The hotel provides online community services, which a member may participate in by joining the community. 

Article 13 (Transactions with Advertisers)

 The hotel shall not be responsible for any losses or damages incurred as a result of a member’s participation in, communication with or transaction with promotional activities of advertisers that are posted on the services or provided through the services. 

Article 14 (Member-Posted Materials)

The hotel shall not be responsible for materials posted, uploaded or transmitted by a member via email or other means through the services. Materials that are deemed to fall under any of the following may be deleted without prior notice:

① If the content of the materials defames other members or a third party, infringes privacy or damages the reputation(s) of other(s) through slander;

② If the materials obstruct or have the risk of obstructing the stable operation of the services;

③ If the content of the materials is deemed to be related to criminal acts;

④ If the content of the materials infringes the intellectual property rights or other rights of the hotel or a third party;

⑤ If the materials are posted beyond the period the hotel allows for display; or

⑥ If the materials violate any other applicable laws and regulations. 

Article 15 (Rights and Responsibilities for Posted Materials)

 A member shall hold all rights, including copyrights, and responsibilities for the posted materials. 

Article 16 (Responsibilities for Use of the Services)

 A member shall not use the services to sell illegal goods. More importantly, a member shall not use the services to engage in hacking, advertising for profit-seeking, conducting commercial activities using obscene sites, or illegally distributing commercial software. 

 The hotel shall not be responsible for the consequences of such actions, any losses from such illegal business activities or any legal action taken by the authorities. 

Article 17 (Restriction and Suspension of the Services)

 The hotel may restrict or suspend all or part of the services in the event of a war, riot, natural disaster or national emergency, when there is a risk of the above cases, or when any other force majeure events, including the backbone communications service provider’s failure to provide the services under the Telecommunications Business Act. The hotel shall inform members of the cause and the period of restriction without delay if use of the services is restricted or suspended pursuant to Paragraph 1. 

Chapter 5 Other Provisions

Article 18 (Termination of the Contract and Restriction of Use)

①A member shall express his or her intention to terminate the contract if he or she intends to terminate the service contract. 

②The hotel may terminate the service contract or restrict use of the services by a member for a certain period of time without a prior notice if a member has committed any of the following acts:

a. Unauthorized use of an ID or password of a third party;

b. Obstruction of the stable operation of the services;

c. Intentional dissemination of content that disrupts the order and customs of society;

d. Planning or implementation of use of the services for the purpose of damaging national or social interests;

e. Posting, uploading or transmitting information that infringes the intellectual property rights of a third party via email or other means, defaming or harming a third party;

f. Continuously transmitting content that is obscene, vulgar or threatening or advertising information or sending emails against the intention of the recipient;

g. Disseminating computer virus programs that cause malfunctions of IT equipment or the destruction of information;

h. Infringing the intellectual property rights of the hotel, other members or a third party;

I.  corrective action demanded by the Korea Communications Standards Commission or other organization or an act ruled by the National Election Commission in connection with illegal campaigning;

j. the unauthorized or illegal use of the personal information, user ID or password of a third party

k. The reproduction, distribution or commercial use of information obtained through use of the services of the hotel without its prior approval;

l. Any act violating applicable laws and regulations; or

m. Any act violating the terms of services provided by the hotel, including these Terms and Conditions, and applicable laws and regulations. 

Article 19 (Compensation for Damages)

The hotel shall not be responsible for any damages against a member arising in connection with his or her use of the services during the period when the services are provided free of charge. 

Article 20 (Exemptions)

① The hotel shall be exempted from failure to provide the services if it fails to provide services due to natural disasters or other force majeure events.

② The hotel shall be exempted from failure to provide the services if the causes of problems in use of the services are attributable to the members. 

③ The hotel shall be exempted from a member’s losses or gains expected from his or her use of the services or damages arising from his or her choices or use of service materials. 

④ The hotel shall be exempted from responsibilities for the accuracy and reliability of information, data and facts displayed in the course of the services. A member shall use the services under his or her own responsibility and shall be responsible for any damages suffered in connection with the data displayed or transmitted while using the services or any disadvantages incurred in connection with his or her choices of materials or use of other services. 

⑤ The hotel shall not be responsible for the trading of goods, etc. between members or between a member and a third party using the services as a medium. The hotel shall be exempted from responsibilities for any gains a member expects from using the services. 

⑥ A member shall be responsible for damages caused by the negligent management and use of his or her ID or password or by any unauthorized use of IDs and passwords by a third party. 

Article 21 (Jurisdiction)

 The court with jurisdiction over the headquarters of the hotel shall have exclusive jurisdiction for any lawsuits filed in relation to disputes hereunder. 

 These Terms and Conditions shall take effect from September 12, 2014.