Effective from March 14, 2017
1st amendment on October 13, 2017
2nd amendment on April 12, 2018
3rd amendment on July 8, 2019
Chapter 1 Whale
Article 1 (Limited License Grant)
Subject to the Users consenting to this Agreement, the Company hereby grants the Users a limited non-transferable, non-exclusive, personal, worldwide and royalty-free license to use Whale.
Article 2 (User Rights and Obligations)
Users may use Whale provided that they consent to this agreement. In case of disagreement or retraction of this agreement, the users shall immediately stop using Whale.
It shall be deemed that Users have agreed to this Agreement by using Whale.
If the User’s mobile device is installed with at least one app that was deployed by the Company before installing Whale for Mobile and if the User is logged in with his/her NAVER account in the app, the User shall be automatically logged in with the same NAVER account when the User installs Whale for Mobile.
The User hereby agrees to the synchronization of the accumulated data (including but not limited to bookmarks, history, autocompleted data, and login information) on the Whale for Desktop and the Whale for Mobile.
Users shall comply with provisions of this Agreement, applicable laws, all the Company regulations, and general practices when utilizing Whale. In particular, Users are prohibited from undertaking any of the following acts when using Whale:
Reverse engineering or attempting to reverse engineer Whale
Offering, distributing, and selling Whale to a third party for free or at a cost
Confusing or misleading third parties as to the supplier/operator of Whale
Infringing on Company’s or third party’s rights (copyrights, etc.) or defaming reputation of the Company or third parties in the course of using Whale
Violating Information and Communications Network Utilization Act and other applicable laws in the course of using Whale
Article 3 (Copyrights, Trademarks Etc.)
Whale’s copyrights (including but not limited to all copyrighted work related to the program such as the program source code, execution files, UI/UX, and inserted images) belong exclusively to the Company. Users are not entitled to rights other than the limited license to use Whale in accordance with the terms and conditions hereunder.
Trademarks of all proprietary Whale-related emblems and signs, which have been inserted in Whale, belong exclusively to the Company. Users are not entitled to any rights to the trademarks.
Nothing in this Agreement shall be interpreted as granting the Users any rights beyond the limited license to use Whale with respect to the Whale source code, execution file, UI/UX, or Whale’s proprietary name, trademark, service mark, logo, domain name, and any unique brand sign.
Article 4 (Limitations on Company Liability)
Whale is provided for free AS-IS. Company provides no warranty whatsoever and expressly disclaim any warranty on Whale including without limitation its completeness, integrity, propriety, or adequacy, and will not be liable for impacts on Users driven by its non-performance, deficiency, and error thereafter.
Company has no control over the webpage content displayed on Whale (or presented by a third party through Whale), and therefore, is not responsible for such content.
Users shall be solely responsible for all data which they have downloaded or obtained through Whale, and the Company is not liable for any damage to Users’ computer system, equipment, or any data loss incurred by the download or obtainment.
Users shall use Whale in lawful manner pursuant to this Agreement under their own responsibility. The Company is not liable for unlawful acts performed by Users.
Company may continuously update Whale to correct errors or improve performance, but the update is not its obligation and may be stopped at the Company’s sole discretion.
Chapter 2 Whale Store
Article 5 (User Rights and Obligations)
Users may use Whale Store provided that they agree with this Agreement. However, Whale for Mobile installed on mobile devices is not synchronized with Whale store, and Whale store functions will not be available.
Users may upload products manufactured by themselves on Whale Store, and download uploaded products in Whale Store manufactured by the Users on their own, the Company, or by other users to install and/or use them.
Users may give reviews on products in Whale Store in compliance with the defined format.
Users may use Products only for Whale.
Users shall comply with provisions of this Agreement, applicable laws, all Company regulations, and general practices when utilizing Whale Store. In particular, Users are prohibited from undertaking the following acts in using Whale Store:
Reverse engineering or attempting to reverse engineer Whale Store
Infringing on Company’s or third party’s rights (copyrights, etc.) or defaming reputation of third parties or the Company in the course of using Whale Store
Violating Information and Communications Network Utilization Act and other applicable laws in the course of using Whale Store
Article 6 (Copyrights, Trademarks Etc.)
Whale Store’s copyrights (including but not limited to all copyrighted work related to the program such as the program source code, execution files, UI/UX, and inserted images) belong exclusively to the Company. Users are not entitled to any other rights than the limited license to use Whale Store in accordance with the terms and conditions of this Agreement.
Trademarks of all proprietary Whale-related emblems and signs, which have been inserted in Whale Store, belong exclusively to the Company. Users are not entitled to obtain any rights to the trademarks.
Any description in this agreement shall not be interpreted as such that users are given rights beyond the rights limited by this agreement in terms of the Whale Store source code, execution file, UI/UX, or Whale’s proprietary name, trademark, service mark, logo, domain name, and any unique brand sign.
All rights to products offered by Whale Store are vested in their manufacturers. It shall not be deemed to constitute as such that a party, who is not the manufacturer, retains part of or all rights except as provided in a separate agreement or mutual consent.
It shall be deemed that users have agreed to the fact that products, which they have uploaded on Whale Store, are to be used by specified users for their original purpose.
Article 7 (Limitations on Company Liabilities)
Whale Store is provided for free AS-IS. Company gives no warranty whatsoever and hereby expressly disclaims any warranty on Whale Store or products uploaded on Whale including without limitation the warranty on their completeness, integrity, propriety, adequacy of Store and absence of defect.
Company has no obligation to assess, manage, and/or control reviews on Products and the Products’ contents uploaded on Whale Store.
Company does not provide a separate supporting service for Products uploaded on Whale Store (excluding products manufactured by the company), and therefore, Users shall make an inquiry directly to manufacturers about Products.
Company shall not be liable for any direct or indirect damages (including those to Users’ computer system, equipment, or any data loss) incurred by Users as a result of any use of Products uploaded on Whale Store.
Company is not liable for any unlawful act performed by Users or consequence of violation this Agreement, applicable laws, all the rules regulated by the Company, and general practices.
Company may continuously update Whale Store to correct errors or improve performance, but the update is not its obligation and may be ceased at the Company’s sole discretion.
Chapter 3 Miscellaneous
Article 8 (Provision of Additional Functions)
The Company may provide various additional functions, such as a function to block advertisements that impede or deceive Users while using Whale, that are helpful to Users. However, if you do not wish to use such functions, Users may deactivate them.
Article 9 (Termination and Limitation on Use)
Users shall be able to stop the use of Whale and/or Whale Store at any time they want.
Company shall be able to terminate this Agreement with Users in case that the Company has decided to stop providing the service of Whale or Whale Store.
If the Company determines that a User’s rights shall be limited due to the User’s default including a breach of this Agreement or relevant laws, it may limit the use of Whale or Whale Store by the User temporarily or permanently at its sole discretion.
Article 10 (Applicable Law and Jurisdiction)
This Agreement is governed and controlled by the laws of Republic of Korea.
In case of a lawsuit in regards to this agreement raised by or against a User residing in Korea, the competent court will be determined based on the User’s mailing address at the time that the legal dispute occurred. If there is no long-term address, the municipal court, which governs the user’s place of residence, will be the competent court. In case that neither the mailing address nor place of residence is clear, the competent court will be determined under the Civil Procedure Code.
Notwithstanding the foregoing, a dispute between the company and a User residing in a foreign country will be governed by the Seoul Central District Court of Republic of Korea.