These terms and conditions (“Terms of Use”) apply to your use of Scholytics (“Service”) brought to you by Naver Corporation ("Naver", "we," "us" or "our").
By signing up and using the Service, you are deemed to have been notified of, and to have agreed to be bound by, these Terms of Use. These Terms of Use expressly incorporate by reference our Privacy Policy and any guidelines, policies or additional terms or disclaimers that may be posted and/or updated on the Service or on notices that are sent to you. If you do not agree with these Terms of Use, please do not use the Service.
Additionally, if you are accessing the Service pursuant to a separate subscription agreement between Naver and your employer or academic institution (“Subscription Agreement”), you must also comply with the Subscription Agreement. If you have any questions or want to learn more about the Subscription Agreement, please ask your employer or academic institution.
You need to create a member account on our Scholytics website in order to use the Service, and you may not attempt to gain or provide unauthorized access to any portion or feature of the Service. For example, you should not sell, transfer, lend or provide your member account as security or allow others to use it. Also, you should not use another person’s member account which does not belong to you to access the Service.
You must not reveal your password and must take reasonable steps to keep your password confidential and secure. Naver is in no way liable for any claims or losses related to the use or misuse of your password or account due to the activities of any third party outside of our control or due to your failure to maintain their confidentiality and security.
When you set up a Scholytics member account, you should provide accurate information regarding your name, email address, etc. requested from us during the registration process. Please also make sure that the information registered in your member account remains accurate and up-to-date at all times. Any information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Service you consent to our collection and use of your information.
We regularly monitor and review for any unusual, unauthorized or illegal activity, current periods of account inactivity, etc. on our member accounts. Your access to the Service may be suspended for (i) an extended period of account inactivity, (ii) a number of consecutive failed log-on attempts and/or (iii) unusual, unauthorized or illegal activity.
We grant you a limited, non-assignable and non-exclusive license to use the Service and the software which is provided to you for the sole purpose of enabling you to use and enjoy the benefit of the Service according to these Terms of Use and the Subscription Agreement, where applicable.
Except as expressly granted in these Terms of Use, the Subscription Agreement (where applicable) or any other agreement you may have with Naver), you acquire no right, title or license in the Service or any Contents (as defined below) accessed from or incorporated in the Service. You further agree to abide by any third-party licensing terms which may apply to your use of the Service.
As a condition of your access and use of the Service, you agree that you will comply with any and all applicable laws and regulations, and will not engage in fraudulent or deceptive practices, when using the Service.
You agree that you will not: (i) undertake any action to undermine the integrity of the computer or communication systems, network, software application, or networks and computing devices used in connection with the Service (“System”), (ii) upload viruses or other malicious codes that interferes with any other person’s use of the System, (iii) abuse or abnormally use Service features that disrupts smooth working of the System, (vi) probe, test, or scan the vulnerability of the System or to breach any security or authentication measures used in connection thereto, and (v) otherwise do any act or thing which may constitutes network abuse of the System or undermine the security of the System.
You may not use the Service to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other members of the Service to become subscribers of other information services.
Any and all contents available within the Service ("Contents"), including but not limited to the design, layout, and arrangement of such Contents, are owned by Naver, its licensors or its content providers and are protected by copyright, trademark and other intellectual property and unfair competition laws. “NAVER”, “Scholytics” and related icons and logos are registered trademarks or service marks of Naver and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
Your use of the Contents through the Service does not mean that you have the intellectual property right over such Contents. While you may print or download the Contents from the Service for your own personal, non-commercial, informational or scholarly use, you must keep intact all copyright and other proprietary notices. Any Contents downloaded or otherwise obtained through the Service is done at your sole discretion and risk and you are solely responsible for any damage to the System or loss of data that may result from the download of any such Contents.
Please note that you may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Contents, in any medium to anyone, except as otherwise expressly permitted under these Terms of Use and the Subscription Agreement (where applicable). In order to freely use the Contents, you need separate permission from the person holding the intellectual property right of such Contents.
You may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to continuously and automatically search, scrape, extract, deep link or index any Contents. If the Service contains robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them.
You also agree that you will not: (i) create any derivative or secondary works based on the Contents or otherwise make any alterations or modifications to the Contents, (ii) reproduce, retain, store the Contents in a systematic or significant manner, (iii) transmit, publish, distribute or disseminate online the Contents, (iv) remove, obscure, modify or destroy any copyright notices, other notices or disclaimers contained in the Contents, and (v) use the Contents for any illegal or unlawful purpose or in violation of any rights of another person.
The Service may contain links to third-party sites or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from external sites or resources linked to the Service. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Naver.
We provide the Service using a commercially reasonable level of skill and care, but neither Naver, its licensors nor its content providers makes any specific promises about the Service and the Contents therein. In addition, neither Naver, its licensors nor its content providers assumes any responsibility for any injury and/or damage to persons, animals or property as a matter of products liability, malpractice, failure to warn, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, tests, products or procedures displayed on the Service or incorporated in the Contents.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND CONTENTS ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE (INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SUITABILITY, QUALITY, NON-INFRINGEMENT). FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE SERVICE OR CONTENTS 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 SERVICE OR CONTENTS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE SERVICE OR CONTENTS WILL BE CORRECTED. YOUR USE OF THE SERVICES AND ALL CONTENT AND SUBMISSIONS, INCLUDED IN OR ACCESSIBLE FROM THE SERVICES ARE AT YOUR SOLE RISK.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL NAVER OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, PERSONAL INJURY (INCLUDING DEATH), LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE OR THE CONTENTS.
You agree to indemnify and hold Naver, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers, licensors and content providers harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys' or legal fees, arising out of or in connection with your violation of these Terms of Use and the Subscription Agreement (where applicable), and your use of any of the Service or the Contents.
If you suffer from any damages while using the Service due to willful misconduct or negligence of Naver, we agree to compensate your damages pursuant to the applicable laws. However, we will not be liable for any damages that are incurred because Naver was unable to provide the Service due to any force majeure events or you were unable to use the Service due to your own misconduct or negligence.
While Naver will attempt to provide the Service in a stable, continuous manner, 24 hours a day, all year around, Naver may have no choice but to suspend the Service in part or in whole if there are any significant operational issues such as repair, inspection, replacement or disconnection of information communication facilities such as computers or servers. If such suspension can be foreseen, Naver shall provide a reasonable prior notice before the suspension, and if such suspension cannot be foreseen, Naver shall provide an ex post facto notification and detailed explanation regarding the suspension without delay. We will attempt to resume the Service as soon as practicable, but we will not compensate for your loss or damage as a result of our suspension of the Service.
Moreover, if you do not comply with applicable laws or violate any provisions in these Terms of Use and the Subscription Agreement (where applicable), Naver may restrict the use of the Service by suspending your member account on a temporary or permanent basis. If we have to restrict your use of the Service due to apparent violation of laws or infringement of another person’s rights, your loss or damage as a result of our immediate suspension of the Service shall not be compensated.
If we determine that there is a significant need for service operation or improvement, we may change, modify or terminate the Service, in part or in whole, at any time.
If the Service is changed, modified or terminated in whole or in part, we shall not make any separate compensation unless there is a special provision in the applicable laws. If the event can be foreseen, Naver shall provide a reasonable prior notice before the event, and if the event cannot be foreseen, Naver shall provide an ex post facto notification and detailed explanation regarding the event without delay.
Naver also reserves the right to change, modify, add or remove portions of these Terms of Use at its sole discretion at any time and without prior notice. Please check these Terms of Use periodically for any modifications. Your continued use of the Service following the posting of any changes will mean that you have accepted and agreed to the changes. Notwithstanding the foregoing, in the event of any material modifications of these Terms of Use that may be disadvantageous or unfavorable to you, Naver will make notifications of such modifications at least 30 days in advance through separate electronic means by sending e-mail, posting notification within the Service, etc.
Unless otherwise provided in the terms and conditions of the Service, under no circumstances shall Naver be held liable for any delay or failure or disruption of the Contents or the Service resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, computer viruses, cyber-attacks, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
The license granted to you to use the Service is effective until it expires, until the Subscription Agreement expires or terminates (where applicable), until Naver terminates it, or until you provide written notice to Naver of your decision to terminate it. Your rights under the license granted hereunder will terminate automatically without notice to you if you fail to comply with any of the provisions of these Terms of Use and the Subscription Agreement (where applicable).
Naver shall have the right to assign and/or novate any part of or all of the Terms of Use and the Subscription Agreement (where applicable) to any person or entity. You may not assign your rights or obligations under these Terms of Use and the Subscription Agreement (where applicable) to anyone without Naver’s prior written consent.
Neither failure nor delay on the part of Naver to exercise or enforce any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No part of these Terms of Use shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
If any provision in these Terms of Use is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.
The relationship between you and Naver in relation to these Terms of Use shall be governed by the laws of the Republic of Korea, and any dispute arising between you and Naver arising out of or in connection with these Terms of Use or the Service, shall be (i) if you reside outside of the Republic of Korea, submitted to the exclusive jurisdiction of the Seoul Central District Court, or (ii) if you reside in the Republic of Korea, resolved in accordance with the procedures set out in the Civil Procedure Act of the Republic of Korea.
Notifications regarding these Terms of Use, the Contents and/or the Service should be directed to [dl_scholytics@navercorp.com].
Last revised: October 7, 2020