These Terms of Service (“Terms”) govern your use of the Foodie services (“Services”) provided by SNOW Corporation (hereinafter referred to as the “Company”) and any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services. If you do not agree to these Terms, you may not use the Services. Therefore, please review the contents of these Terms carefully. Prior to using the Services, you must check, understand, and agree to these Terms. You may use the Services only after you have reviewed and agreed to these Terms of Service.
1. Contract with the Company
1) You agree that the laws of the Republic of Korea shall govern these Terms and your use of the Services.
2) The Company’s Privacy Policy, which governs the collection and use of your information, applies to all information you provide to the Company. By using the Services, you consent to the Company’s collection and use of such information (as set forth in the Privacy Policy), including the transfer of this information to the Republic of Korea and/or other countries for storage, processing, and use by the Company. As part of providing the Services, the Company may send service announcements and administrative messages, and as such announcements and messages are essential for the operation and management of the Services, you may not opt out of receiving them.
2. Privacy Protection
The Company posts its Privacy Policy separately from these Terms and obtains your separate consent to the Privacy Policy. If you agree to the Privacy Policy, you consent to the collection, use, and sharing of information through the Services.
3. User Content
The Services consist of interactive features and elements that enable users to create, post, transmit, and/or store content, including but not limited to photos, videos, text, graphics, items, or other materials (collectively referred to as “User Content”). You understand that you are responsible for all data usage charges incurred by your use of any part of the Services. You also understand that your User Content may be viewed by others and that you can restrict access to your content by adjusting your privacy settings. In addition, you agree to comply with the Company’s Community Guidelines, which may be updated from time to time. You are solely responsible for your User Content and any consequences arising from your User Content. The Company assumes no responsibility or liability for any User Content or any loss or damage resulting therefrom. The Company reserves the right and full discretion to review, verify, and delete User Content at any time and for any reason, but shall not be obligated to do so. You retain all ownership of your User Content, including all right, title and interest therein. However, by submitting User Content to the Company, you grant the Company an irrevocable, non-exclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license (“User Content License”) to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, whether now known or hereafter developed, subject to the privacy settings you choose to limit who can view your User Content.
4. Community Guidelines
The Company’s goal in establishing these rules is to ensure that users can use the Services safely and enjoyably, while harmoniously accommodating a broad scope of self-expression. Please refrain from sending messages that the recipient does not wish to receive, particularly those that cause discomfort, and please be prudent regarding the content and recipients of your messages. It is acceptable for someone to take a screenshot, but this does not substitute for your or your friends' positions. The Company may attempt to detect screenshots and notify the sender; however, the Company does not guarantee that this functionality will always operate as intended. Furthermore, capturing images using a camera is also possible at any time. You agree to use the Services only for lawful purposes. You agree not to use the Services for any unlawful purpose, and in particular, you must wear appropriate clothing if you or the person you are messaging is under 19 years of age.
Prohibited Messages:
You must not create, post, transmit, or otherwise distribute content prohibited under these Terms, including, without limitation, the following:
- Pornography/Adult content
- Nudity or sexual content involving minors (under 19 years of age)
- Physically dangerous or harmful conduct involving minors
- Invasion of privacy
- Threats
- Insults or harassment
- Impersonation
- Self-harm
- Any other content that causes discomfort to others or is prohibited by law
Violating the above rules may result in the deletion of content, suspension of your account, and prohibition from using the Services in the future. Please respect these rules and comply with their intent. These rules change and evolve alongside the service user community. The Company will endeavor to apply the rules consistently and fairly, and ultimately, the Company will take the measures it deems appropriate in its sole discretion.
5. Feedback
You agree that any feedback, suggestions, ideas, or other information or materials (“Feedback”) provided by you to the Company regarding the Company or the Services via email or otherwise is non-confidential and shall be the exclusive property of the Company. The Company shall have the unrestricted right to use, disclose, exploit or disseminate such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to waive or not to assert against the Company any and all rights (including copyrights or moral rights) you may have with respect to the Feedback. The Company welcomes users' opinions; however, if you wish to receive compensation or maintain continued ownership or claims regarding your ideas, please do not share them with the Company.
6. Foodie Content
Unless otherwise specified, all materials contained in the Services, including but not limited to text, graphics, images, code, illustrations, designs, icons, photos, videos, and written and other materials (collectively, “Foodie Content”), and the selection and arrangement thereof, are protected by copyright, trademark, design rights, trade dress, patent, and/or other intellectual property laws. Unauthorized use of Foodie Content may violate such laws and these Terms. Except as expressly provided in these Terms, the Company does not grant any express or implied rights to use Foodie Content. You agree not to copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any manner the Foodie Content, the Services, or any related software, in whole or in part, except as expressly stated in these Terms. You are hereby granted a limited, non-exclusive, non-sublicensable license to access and use the Services and Foodie Content. This license is revocable at any time, subject to these Terms, and does not include:
- Distribution, performance, or public display of Foodie Content
- Modification or derivative use of the Services, Foodie Content, or any portion thereof
- Use of scraping, data mining, robots, or similar data gathering or extraction methods
- Downloading (other than page caching) of any portion of the Services, Foodie Content, or any information contained therein, except as expressly permitted on the Services
- Accessing the Foodie API using unauthorized clients or third-party clients
- Use of the Services or Foodie Content other than for their intended purposes
- Any use of the Services or Foodie Content other than as expressly authorized by these Terms without the prior written permission of the Company is strictly prohibited and will result in the suspension, termination or restriction of your use of your access to the Services under these Terms.
7. Prohibited Activities
In addition to other restrictions set forth in these Terms, the following activities are prohibited:
- Using the Services for any purpose that is unlawful, outside the scope of the intended use, or otherwise prohibited under these Terms or third-party terms governing a specific service
- Using the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services
- Compromising the security of the Services
- Sending unsolicited or unauthorized advertisements, spam, solicitations, or promotional materials
- Using any robot, spider, crawler, scraper, or other automated means or interface not provided by the Company to access the Services or extract data
- Reverse engineering any aspect of the Services, discovering the source code of the Services, or bypassing measures employed to prevent or limit access to any area, content, or code of the Services
- Unauthorized use or attempted use of another user’s account
- Attempting to circumvent the Company's content filtering technology or attempting to access any area or feature of the Services that you are not authorized to access
- Attempting to indicate in any manner that you have a relationship with the Company or that the Company endorses any products or services without the express written consent of the Company
- Engaging in defamatory, threatening, harassing, attacking, or stalking behavior
- Impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity
- Infringing upon portrait rights, privacy rights, or data protection rights without consent, including taking photos of others without their consent
- Infringing any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights
- Buying, selling, renting, leasing, or otherwise offering or receiving consideration for a service account, messages, service username, or friend links without the prior written consent of the Company
- Developing any third-party applications that interact with User Content or the Services without the prior written consent of the Company
- Using the Services for any illegal or unauthorized purpose, or engaging in, encouraging, or promoting any activity that violates these Terms
You also agree to comply with third-party terms, including the iTunes App Store Terms of Service and Android Market Terms of Service, applicable to the Services or the posting of service reviews. Posting service usernames in App Store reviews is strictly prohibited and may result in the deletion of your service account.
8. License to Use the Services
The Company grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you as part of the Services. This license is granted for the sole purpose of enabling you to use and enjoy the benefits of the Services provided by the Company in the manner permitted by these Terms.
1) Account Information: To use the Services, you must open an account with the Company. You are responsible for safeguarding your login credentials and are liable to the Company for all activities that occur under your account.
9. Company's Rights
All rights, title, and interest in and to the Services (excluding content provided by users) are the exclusive property of the Company and its licensors. The Services are protected by copyright, trademark, and other laws of both the Republic of Korea and foreign countries. Nothing in these Terms grants you a right to use the Company's or the Services' trade name, trademarks, logos, domain names, or other distinctive brand features. Any Feedback, comments, or suggestions you may provide regarding the Company or the Services is entirely voluntary, and the Company will be free to use such Feedback, comments, or suggestions as it sees fit and without any obligation to you.
10. Copyright Policy
The Company respects the intellectual property rights of others and expects users of the Services to do the same. The Company will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided. If you believe that your content has been copied in a way that constitutes copyright infringement, you may directly control the use or access by others through management functions (such as deletion or making content private) provided within the Services in accordance with applicable laws like the Copyright Act. You may also request measures such as deletion, making content private, or exclusion from search results through the Customer Center. However, for certain services, measures such as deletion or making content private may be difficult. Please refer to the instructions, announcements, and help center materials for each relevant service for further details. The Company reserves the right, in its sole discretion, to remove content alleged to be infringing without prior notice, and assumes no liability to you in such cases. The Company will also terminate a user’s account if the user is determined to be a repeat infringer of intellectual property rights under appropriate circumstances.
11. No Warranties
1) By accessing or using the Services, you acknowledge and agree that you may be exposed to materials from others that may be deemed offensive, indecent, or otherwise objectionable, and you agree to assume such risks. Views expressed via the Company's website or the Services do not necessarily represent the views of the Company. The Company does not endorse or support any specific content posted by you or other users. Certain content from third parties may be inaccurately categorized, rated, or distinguished.
2) The Company will implement reasonable security measures to protect content but shall not be held liable or responsible for any damages, losses or claims resulting from the disclosure of content.
3) No Warranties: You expressly understand and agree that, to the maximum extent permitted by applicable law, the Services and materials are provided to you “as is,” without any type of express, implied, statutory, or other warranties. For example, the Company does not warrant that (a) the Services or materials will meet your requirements or be continuously available, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the site, Services, or materials will be effective, accurate, or reliable; or (c) any errors or defects in the site, Services, or materials will be corrected.
12. Limitation of Liability
Except where prohibited by law, in no event shall the Company, or its affiliates, officers, directors, employees, agents, licensors, service providers or related-parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages resulting from (a) the use of or inability to use the Services, (b) the provision of the Services or materials available within the Services, or (c) the conduct of other users of the Services, even if the Company has been advised of the possibility of such damages. You assume full responsibility for your use of the Services. Your sole remedy against the Company for dissatisfaction with the Services or any content is to stop using the Services. As some jurisdictions do not allow limitations of liability, the foregoing limitation may not apply to you.
13. Dispute Resolution with the Company
Any disputes between you and the Company shall be subject to the exclusive jurisdiction of the courts of the Republic of Korea, unless otherwise agreed in writing.
14. Termination
1) You may stop using the Services at any time.
2) The Company may add, change, or remove features or functionalities of the Services, and may suspend or stop the Services altogether. The Company may also stop providing the Services to you, or add or create new limits to the Services at any time.
3) Any fees paid by you for or in connection with the Services prior to termination will be refunded in accordance with applicable laws and regulations. However, if you terminate your account without requesting a refund, the Company may be unable to process the refund due to the deletion of relevant records; therefore, please complete all necessary refund procedures prior to termination. Furthermore, account termination does not relieve you of any payment obligations already incurred.
4) In the event that the Services are terminated or discontinued, the Company will make reasonable efforts to notify you and provide an opportunity to retrieve your content. If your group administrator terminates your access to the Services, you may no longer be able to access content that you or other members of the group have posted to a shared work group or shared workspace.
15. General Provisions
1) Export Controls: You acknowledge that the Services and your use and handling of the Services are subject to domestic and international laws, restrictions, and regulations governing the import, export, and use of the Services and Foodie Content. You agree to comply with all such laws, restrictions, and regulations.
2) Korean Version: In the event of any inconsistency between the Korean and English versions of these Terms, the Korean version shall prevail.
3) Severability: If a court finds any part of these Terms to be invalid or unenforceable, the remaining portions of these Terms will continue to apply.
4) No Waiver: If the Company fails to enforce (or delays enforcing) these Terms against you, it shall not be deemed a waiver of the Company's right to enforce them.
5) Assignment or Transfer: You may not assign or transfer your rights or obligations under this agreement to a third party without the prior written permission of the Company. The Company may transfer its rights and obligations under these Terms without your permission (including without limitation, in the event of a merger or acquisition of the Company, or sale of part of the service, etc.).
6) Entire Agreement: These Terms constitute the entire and exclusive agreement between you and the Company regarding the Services, and any existing agreements between you and the Company related to the Services shall have no effect.
The Company may modify, change or update these Terms from time to time. When amending the Terms, the Company will specify the effective date, the amendments, and the reasons for amendment, and post a notice on the “Services” starting 7 days prior to the effective date. However, if the amendments are materially disadvantageous to you, the Company will not only post a notice of the same content on the “Services” starting 30 days prior to the effective date, but will also individually notify you of the details via your email or other means. If you do not agree to the amended Terms, you may terminate the service user agreement entered into under these Terms and stop using the “Services.” If you do not explicitly express your refusal despite the Company stating, when notifying or posting the amendment of the Terms, that failure to express a refusal prior to the effective date shall be deemed as consent to the amended Terms, you shall be deemed to have consented to the amended Terms.
16. Restrictions on Use of Music Tracks
When creating User Content that includes music tracks licensed from a third party (“Licensed Music”) within the service, you agree to the following:
- Your right to access and use such Licensed Music are expressly granted after your consent to these Terms.
- You shall use such Licensed Music solely for personal and non-commercial purposes (specifically, purposes other than brand or product promotion) in connection with the original content you created.
- You shall not alter or edit the Licensed Music or any portion thereof, except as required to align it with the User Content.
- You shall not include User Content containing Licensed Music in software applications or video games.
- You shall not include Licensed Music in productions intended for third parties to use, license, sell, or otherwise exploit.
- You shall not provide Licensed Music on a standalone basis, and you shall not use Licensed Music primarily for a music listening experience.
- You shall not use Licensed Music in TV, OTT, theatrical, radio, or podcast productions, or in any other productions released within paid media spaces, platforms or distribution channels.
- You shall comply with the licensing terms of third-party licensors applicable to the Licensed Music.
Notwithstanding the foregoing, you may directly verify any rights not included in these Terms with the relevant third-party licensor, and you may request the contact information of such third-party licensors from the Company in writing. You also agree that third-party licensors of Licensed Music may assert and submit monetization claims against User Content.
17. Restrictions Related to the Use of Foodie AI Services
1) Services that generate outputs using AI technology (including but not limited to AI Studio, hereinafter referred to as “Foodie AI Services”) are available only to adults aged 19 or older.
2) To use the Foodie AI Services, you must submit your photos, and you consent to the Company using your photos solely for the purpose of training to generate AI outputs. The photos you submit will be deleted immediately after the generation of the AI outputs.
3) You must ensure that the photos you submit and the generated outputs do not violate these Terms of Service (specifically, Section 4. Community Guidelines and Section 7. Prohibited Activities). In the event that legal disputes, social issues or other related matters or similar issues, arise due to a violation, you agree to notify the Company of such facts promptly and without delay and to indemnify and hold the Company harmless. For clarity, you must not use the Foodie AI Services in a manner that infringes, misappropriates, or violates the rights of others, and in particular, you must not misappropriate another person’s photos without permission. Especially when using the Foodie AI Services, you must not submit photos that violate these Terms of Service (including but not limited to the matters in Section 7. Prohibited Activities), and you shall bear all responsibility for any violations thereof.
4) If you violate these Terms of Service, you are obligated to delete the outputs upon the Company's request, and the Company may take measures to suspend your use of the Foodie AI Services.
5) Since the outputs generated by the Foodie AI Services are generated autonomously by AI, the Company does not warrant that the outputs are lawful or appropriate, or that the information used or exposed during the creation process of the outputs does not infringe third-party intellectual property rights (such as copyrights) or portrait rights, and the Company assumes no liability therefor. Furthermore, the Company is not responsible for any legal, ethical, social, or political impacts resulting from your use of the outputs.
6) You solely assume all risks associated with the use of the outputs generated by the Foodie AI Services, and you warrant that the photos and other information submitted during the process of using the Foodie AI Services do not infringe the intellectual property rights or other rights of third parties. If a lawsuit, objection, claim, or any other dispute arises between you or the Company and a third party due to your violation, you must indemnify and hold the Company harmless, resolve the relevant dispute, and compensate the Company for any damages incurred as a result.
7) You must not use the outputs of the Foodie AI Services for malicious purposes, and you must not tarnish the reputation of Foodie and the Company through malicious use. If you disclose the outputs of the Foodie AI Services externally via SNS services or other methods, you must ensure that the outputs do not contain copyright-infringing content, violent expressions, sexually explicit content, discriminatory expressions, or any other inappropriate information that causes right infringement, disadvantage, harm, damage, or discomfort to third parties. In the event that legal or ethical problems arise regarding the outputs, or if any dispute arises with a third party, you shall bear all responsibility therefor.
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