CINSTAR Terms of Use

Article 1 (Purpose)

The purpose of these Terms is to set forth the rights, obligations, and responsibilities of the Company and its Members in connection with the use of CINSTAR (hereinafter the "Service"), a drama/content casting and Digital IP platform service provided by SeaInStar Inc. (hereinafter the "Company") through its mobile application and the web.

Business Information
- Company name: SeaInStar Inc. (Korean: 주식회사 씨인스타) / Service name: CINSTAR
- Representative: Kim Joowon
- Business registration number: 765-81-02588 / Corporate registration number: 110111-8193867
- Address (head office/place of business): 2F, 83 Seongdeokjeong-gil, Seongdong-gu, Seoul (Seongsu-dong 2-ga)
- Customer center email: support@cinstarz.com
- Mail-order business report number: No. 2022-Seoul Gangnam-05368 (Gangnam-gu Office)

Article 2 (Definitions)

The definitions of the terms used in these Terms are as follows.

  1. Service: means CINSTAR and all related services that a Member may use.
  2. Member: means a person who accesses the Company's Service, enters into a use agreement with the Company in accordance with these Terms, is issued an account, and uses the Service.
  3. Content: means all materials uploaded or posted by a Member through the Service, including audition videos, freely posted videos, images, documents, and the like.
  4. Digital IP: means Content uploaded by a Member that is recorded and managed within the Service in a tamper-proof form.
  5. Audition video: means a video that a Member uploads in order to apply for the casting of a specific work or role.
  6. Free Content (Free IP): means Content such as videos, images, and documents that a Member freely uploads independently of any specific audition.
  7. Producer, etc.: means the Company or a third party, such as a production company or casting personnel, that produces a work or conducts casting.
  8. Star (★) / Like (♥): A Star (★) is in-Service currency that a Member holds through paid purchase or free accrual and that is consumed for voting and cheering. A Like (♥) means a light expression of support for Content.
  9. Point: means a score under the Company's policy that is granted in accordance with a Member's activity on the Service. Points are not refundable in cash.
  10. Nickname: means the name a Member sets to identify themselves within the Service; it must not duplicate that of another Member and must comply with the Company's policies on format, length, and prohibited words.
  11. Referral code: means a code provided by a Member or the Company that, when entered at sign-up, may provide benefits in accordance with the Company's policy. The types of benefits, criteria for grant, and any changes thereto are governed by Company policy and are notified on the relevant screen.

Article 3 (Effect and Amendment of the Terms)

  1. These Terms are published by being posted on the Service screen and take effect upon the Member's consent.
  2. The Company may amend these Terms to the extent that it does not violate applicable laws, where the Company deems it necessary.
  3. Where the Company amends these Terms, it shall, specifying the effective date and the reason for the change, give notice together with the current Terms from at least 7 days before the effective date. However, in the case of changes that are unfavorable to Members or material, the Company shall give individual notice via email or other means from at least 30 days before the effective date.
  4. A Member may decline to consent to the amended Terms, and if the Member does not consent, the Member may terminate the use agreement by withdrawing membership.
  5. Where the Company, in giving the notice/notification of the amended Terms pursuant to paragraph 3, has clearly stated that "if the Member does not express an intention not to consent within the relevant period, the Member shall be deemed to have consented," and the Member does not express an intention to refuse within such period, the Company shall deem the Member to have consented to the amended Terms.

Article 4 (Rules Other Than the Terms)

  1. The Company may operate separate operating policies or guidelines in connection with the use of the Service, and where they conflict with these Terms, these Terms shall prevail.
  2. Matters not provided for in these Terms and the interpretation of these Terms shall be governed by applicable laws and commercial practice.

Article 5 (Formation of the Use Agreement)

  1. A person who wishes to use the Company's Service shall, after consenting to the consent items on the sign-up screen, apply for membership using a method provided by the Company such as social login (Google, Apple, etc.), and the use agreement is formed upon the Company's acceptance thereof. The consent items at sign-up are provided separately as follows.
    1. [Required] Confirmation of being at least 14 years of age
    2. [Required] Consent to the Terms of Service
    3. [Required] Consent to the collection and use of personal information
    4. [Required]Consent to the content license (use of videos) — consent regarding the in-Service use of Content uploaded by the Member (basis: Article 14 / "Digital IP Registration Consent")
    5. [Optional] Consent to the use of personal information for marketing
    6. [Optional] Consent to receive notices of events, coupons, and special offers
  2. A Member may register and use the basic functions of the Service even without consenting to the above [Optional] items, and [Optional] consents may be changed (withdrawn) at any time after sign-up in the in-app settings. The Company does not permit sign-up by persons under 14 years of age.
  3. The Company may provide non-logged-in (guest) use that allows browsing of some Content without membership registration or login. Even for guest use, the provisions of these Terms that are applicable by their nature shall apply, and functions designated by the Company, such as ★ cheering, commenting, applying for auditions, and uploading Content, may be used only after membership registration.
  4. Upon completion of membership registration, the Company grants the Member an account necessary to use the Service, and may grant an activity-proof ID (C-ID).

Article 6 (Acceptance and Restriction of Use Applications)

  1. The Company shall, as a rule, accept use applications. However, the Company may decline to accept in any of the following cases.
    1. Where the application for membership is made using another person's information or false information
    2. Where the application requirements set by the Company are not met
    3. Where there is a history of having been subject to use-restriction measures (except where the Company has granted approval for re-registration)
    4. Where the applicant intends to use the Service for the purpose of violating applicable laws or harming public order and good morals
  2. The Company may withhold acceptance where there is no spare capacity in facilities or where there are technical or operational difficulties, in which case it shall notify the relevant reason.

Article 7 (Change of Member Information)

  1. A Member may view and modify their Member information at any time on the in-app profile/settings screen. However, modification may be restricted for information that by its nature is not permitted to be modified (such as email address).
  2. A Nickname may not duplicate that of another Member, and where it violates the Company's policies on format, length, or prohibited words, or infringes the rights of another person, the Company may request or effect restriction or change of the Nickname's use.
  3. A Member shall, where the information provided at the time of the use application has changed, modify it without delay, and the Company shall not be liable for any disadvantage arising from the Member's failure to modify it, absent the Company's intent or gross negligence.

Article 8 (Notice to Members)

Where individual notice to a Member is necessary in connection with the Service, the Company may give such notice via the email registered by the Member, in-app notifications (push), or other means.

Article 9 (Obligations of the Company)

  1. The Company shall use its best efforts to provide the Service continuously and stably as set forth in these Terms, and shall endeavor to take prompt action and effect recovery in the event of a system failure.
  2. The Company shall endeavor to promptly handle any complaints from Members received in connection with the Service.
  3. Where the Service is interrupted due to force majeure such as a natural disaster or due to a system failure, the Company shall endeavor to promptly restore normal Service.

Article 10 (Obligations of Members)

  1. A Member shall truthfully complete all matters provided to the Company at the time of membership application or change of information, and where a Member registers false information or another person's information, the Member may not assert the rights of a Member.
  2. A Member shall not engage in any of the following acts in connection with the use of the Service.
    1. Entering false information or another person's information, or omitting information, at the time of membership application or change of information
    2. Interfering with the Company's business
    3. Defaming or insulting the reputation of the Company or another person
    4. Infringing the rights of the Company or another person, such as intellectual property rights, portrait rights, or personal information
    5. Uploading Content to which the Member does not hold rights, or uploading another person's Content without authorization
    6. Posting Content that is contrary to applicable laws or public order and good morals, such as obscene material, violent or discriminatory expression, or illegal information
    7. Using the Service for commercial purposes without the Company's consent
    8. Transmitting messages such as advertising, promotion, spam, or phishing without the Company's consent
    9. Using the Service by improper means, such as by using a macro program, or improperly acquiring Stars, Likes, Points, or the like
    10. Transmitting or posting malicious code, files, or software such as viruses
    11. Other acts that violate these Terms or applicable laws or that harm public order and good morals
  3. A Member shall manage their account information so that it is not exposed to others, and where the Member becomes aware that another person is using their account, the Member shall immediately notify the Company and follow the Company's guidance.
  4. Where a Member commits a prohibited act under paragraph 2, the Company may take measures such as a warning, deletion or non-disclosure of Content, temporary suspension of use, membership withdrawal, and restriction on re-registration, in accordance with the gravity of the violation.
  5. A Member may submit an opinion regarding the measures under paragraph 4 where there is a justifiable reason, and the Company shall promptly handle the matter where it recognizes the opinion as justified.
    - Customer center: support@cinstarz.com
  6. Reporting and Blocking: Where a Member determines that another Member's Content (videos, comments, profile, etc.) constitutes a prohibited act under paragraph 2 or an infringement of rights, the Member may report such Content/user through the in-Service reporting function. A Member may also use the blocking function to block a specific user's Content from being exposed to the Member.
  7. The Company may review received reports and take measures under paragraph 4, and shall endeavor to promptly handle rights-infringing, illegal, or harmful Content in accordance with applicable laws and the Company's operating policies. The Company processes report/block records to the extent necessary to operate the reporting/blocking functions, and matters concerning such processing are governed by the Privacy Policy.

Article 11 (Content of the Service)

  1. The Company provides the Service to a Member from the time the Member registers.
  2. Through the CINSTAR Service, a Member may engage in the following activities.
    - Participation in auditions/casting: viewing audition announcements for works/roles, uploading audition videos (applying), cheering for applicants (giving Stars), and checking casting results (the Lineup)
    - Digital IP activities: uploading Free Content (videos, images, documents) and recording it as Digital IP, and managing the public/private status of Content
    - Community activities: watching videos, giving Likes (♥), commenting, becoming a fan, and otherwise communicating with other Members
    - Mission/activity rewards: earning Points through check-ins and missions, and activities related to Tiers
  3. A Member may browse some Content (public lists, details, public videos, etc.) as a guest without membership registration or login, and functions designated by the Company, such as ★ cheering, commenting, applying for auditions, and uploading Content, may be used only after membership registration (Article 5, paragraph 3).
  4. The Company may add to or change the content of the Service where necessary, and upon any change it shall give notice through in-app announcements or other means, and where an amendment to the Terms is necessary, it shall follow the procedures in Article 3.
  5. Some functions (e.g., a Digital IP market, backing, etc.) may be provided in phases at a later time, and whether and when they are provided shall be governed by Company policy.

Article 12 (Placement of Advertisements)

  1. The Company may place advertisements of the Company or its partners on the Service screen, in notifications, and the like in connection with the operation of the Service. The Member consents to the placement of advertisements exposed when using the Service.
  2. As part of mission/activity rewards, the Company may provide a function by which a Member watches advertisements (reward-type/rewarded advertisements) and receives, in return, rewards such as Points. The types of rewards and the criteria for their grant are governed by the Company's policy and are notified on the relevant screen.
  3. The Company may use advertising tools (SDKs) of advertising operators to provide personalized advertisements and to measure advertising performance, and matters concerning the processing of personal information such as advertising identifiers in this process are governed by the Company's Privacy Policy. In the case of iOS, the App Tracking Transparency (ATT) consent procedure applies.
  4. Any transaction or communication that a Member conducts with a partner pursuant to an advertisement placed on the Service is entirely a matter between the Member and the partner, and the Company shall not be liable for any damage arising therefrom absent the Company's intent or gross negligence.

Article 13 (Auditions/Casting)

  1. The Company operates the Service such that auditions/casting are conducted on a per-work basis, and auditions are conducted in accordance with the method of each work, such as online conduct, registration of those who pass an offline first round, or a combination thereof.
  2. Materials submitted by a Member, such as audition videos and profiles, may be provided to and viewed by the Company and Producers, etc. for the casting review and conduct of the relevant work. A Member is deemed to consent to this when applying for an audition (for details, see the "Digital IP Registration Consent" and the Privacy Policy).
  3. The final decision on casting results belongs to the exclusive authority of the Producer, etc., and the Company does not guarantee the casting or selection of any particular Member.
  4. Where misconduct or grounds for ineligibility are confirmed in the course of conducting or reviewing an audition, the Company may invalidate or restrict the relevant application.

Article 13-2 (Parties to the Casting Contract)

The Company provides the venue for casting (auditions), and contracts such as appearance and exclusive engagement following confirmation of casting are concluded directly between the Producer and the Member. The Company is not a party to such contract and is not liable for its content, performance, or any dispute. The Company may, for the sake of a fair contracting culture, provide guidance on the standard contract forms of the Ministry of Culture, Sports and Tourism. Upon confirmation of casting, an identity verification procedure may be conducted, and a Member under 19 years of age requires the consent of a legal representative.

Article 14 (Content and Intellectual Property Rights)

  1. Intellectual property rights in Content that a Member uploads or posts through the Service belong to the Member who uploaded such Content.
  2. Where a Member posts Content, the Company holds the right to use, store, reproduce, modify (edit), publicly transmit, exhibit, and distribute such Content to the extent necessary for the operation, provision, and promotion of the Service. However, where there is a separate agreement or contract between the Company and the Member, such agreement or contract shall apply.
  3. The Company complies with the Copyright Act with respect to the use of Content provided by a Member, and a Member may at any time request, through the customer center or otherwise, the deletion or non-disclosure of Content used beyond the scope of the purposes in paragraph 2, and the Company shall comply without delay. However, the technical limitations set forth in the "Digital IP Registration Consent" may apply to the deletion or withdrawal of Content recorded as Digital IP.
  4. A Member shall upload only Content to which the Member holds lawful rights, and where a dispute with a third party arises in connection with the Content without the Company's intent or gross negligence, the Member shall resolve it at the Member's own expense and responsibility. Where damage is caused to the Company as a result, the Member shall compensate for it. The Company does not warrant the legality, truthfulness, or accuracy of intellectual property rights in Content provided by a Member.

Article 15 (Provision and Suspension of the Service)

  1. The Company provides the Service 24 hours a day, year-round, absent special circumstances. However, there may be some restrictions on use depending on the type and nature of the Service.
  2. The Company may temporarily suspend the Service for system inspection, maintenance, replacement, resolution of line failures, and the like, in which case it shall give prior notice. However, where unavoidable, it may give notice after the fact.
  3. The Company may temporarily suspend the provision of all or part of the Service in any of the following cases.
    1. Where the Company has given prior notice due to the Company's needs, such as facility maintenance
    2. Where a key telecommunications business operator suspends the provision of telecommunications services
    3. Where an obstacle to the provision of the Service arises due to an unlawful act of a Member or a third party
    4. Where caused by force majeure such as a natural disaster, national emergency, or large-scale power outage
    5. Other cases where the provision of the Service is objectively impossible without grounds attributable to the Company

Article 16 (Paid Services and Payment)

  1. The Company may provide some services for a fee, and the content, usage fees, and payment methods of paid services are posted on the relevant service screen.
  2. The types, content, and commencement of provision of paid services provided by the Company are as follows.
    1. Paid Content (★ Pack): a consumable digital good by which a Member pays a certain amount to charge Stars (★); it is charged to the Member's ★ balance immediately upon completion of payment.
    2. Subscription Membership (Lite/Plus): a service by which a Member, through recurring payment, uses tiered benefits such as ad removal, reward weighting, and exclusive content; provision of benefits commences immediately upon completion of payment.
    3. Cheer: a function by which a Member consumes their held Stars (★) to post a message along with the cheer; provision is completed immediately upon the ★ being deducted and the cheer being posted.
  3. The core terms of use of each paid service, such as price and usage limits (limit of once per day, daily ★ grant, etc.), are posted or notified in these Terms or on the relevant service screen.
  4. In v1, payment for paid services is made solely through the in-app purchase (IAP) of the App Store and Google Play. The Company does not provide direct payment through any separate external payment gateway (PG).
  5. The use, approval, settlement, withdrawal of subscription, and refund of payment means are governed by the policies of each store operator (Apple, Google) and applicable laws. The Company does not directly hold or process a Member's payment-means information (card numbers, etc.).
  6. A paid service payment contract is formed at the time the Member completes payment.

Article 16-2 (Subscription-Type Paid Services)

  1. A Membership is an auto-renewing subscription, and unless the Member cancels, it is automatically charged to the registered payment means upon expiry of each billing cycle.
  2. A Member may cancel at any time through subscription management in the App Store or Google Play, and upon cancellation, benefits are maintained until the expiry of the current billing cycle and are not renewed thereafter.
  3. Refunds or pro-rata settlement before the next billing cycle renewal are governed by each store's policy.
  4. Benefits already granted or consumed during the subscription, such as Stars (★) granted daily (Plus, etc.), are not recovered upon cancellation.

Article 16-3 (Payment by Minor Members)

  1. Where a minor Member under 19 years of age pays for a paid service, the consent of a legal representative must be obtained.
  2. A minor's payment concluded without the consent of a legal representative may be cancelled by the minor or the legal representative in accordance with the Civil Act. However, exceptions apply where cancellation under the Civil Act is restricted, such as where the minor paid using property (allowance, etc.) that the legal representative permitted the minor to dispose of within a defined scope.
  3. Cancellation procedures and refunds are governed by the policies and procedures of the relevant store.

Article 16-4 (Holding and Expiry of Stars (★)/Points and Treatment upon Withdrawal)

  1. Stars (★) purchased for a fee and Stars (★) accrued for free (check-ins, ad rewards, etc.) are distinguished, and their validity periods and expiry policies are governed by the relevant screen and these Terms.
  2. Upon membership withdrawal, the refund of the balance of paid-purchase portions among unused Stars (★) is handled in accordance with store refund policies and applicable laws, while free-accrued Stars (★) and Points are not subject to refund and expire concurrently with withdrawal.
  3. Stars (★) and Points are not refundable in cash (except for the statutory refund of paid-purchase portions) and are not transferable between Members.

Article 17 (Withdrawal of Subscription, etc.)

  1. A Member may withdraw a subscription in accordance with applicable laws (the Act on Consumer Protection in Electronic Commerce, etc.). Where the purchase was made via in-app purchase (IAP), withdrawal of subscription and refund are governed by the policies and procedures of the relevant store (Apple App Store / Google Play).
  2. However, withdrawal of subscription may be restricted in any of the following cases.
    1. Where the period during which withdrawal is possible has elapsed
    2. Where the Member has already used the Content or its value has significantly decreased (such as where the provision of digital content has commenced)
    3. Other cases where withdrawal of subscription is restricted under applicable laws
  3. For goods, etc. for which withdrawal of subscription is not possible, the Company shall clearly indicate this so that a Member can easily be aware of it.
  4. Where a Member purchases digital content such as Stars (★), the Company shall clearly indicate on the purchase screen that "withdrawal of subscription may be restricted once provision has commenced," and where the Member has consented to this and commenced use of the Content (consumption of Stars (★)), withdrawal of subscription is restricted pursuant to Article 17(2) of the Act on Consumer Protection in Electronic Commerce. Where a Member has not used any Stars (★) at all after purchase, the Member may request a refund in accordance with the store refund policy.

Article 18 (Refunds)

  1. Where a Member lawfully requests a refund, the refund shall proceed in accordance with applicable laws and policies. Refunds for transactions paid via in-app purchase (IAP) are handled in accordance with the refund policies and procedures of each store operator (Apple, Google).
  2. Notwithstanding paragraph 1, the Company receives and provides guidance on Members' refund/withdrawal inquiries through the customer center (support@cinstarz.com). A refund due to grounds attributable to the Company (such as non-provision of Content due to a service failure, etc.) is handled directly by the Company in accordance with applicable laws.
  3. The Company has no obligation to refund for services that a Member used free of charge, services that the Member did not directly purchase for a fee, and the like.
  4. Matters not provided for in these Terms are governed by applicable laws.

Article 19 (Termination or Cancellation of the Use Agreement, etc.)

  1. A Member may terminate the use agreement by applying for withdrawal in accordance with the procedure set by the Company (in-app Settings > Membership Withdrawal).
  2. Where a Member terminates the agreement, the Company shall destroy the Member's personal information without delay, except where the Company retains Member information in accordance with applicable laws and the Privacy Policy. The treatment of Content recorded as Digital IP is governed by the "Digital IP Registration Consent."

Article 20 (Protection and Use of Personal Information)

  1. The Company endeavors to protect the personal information of Members in accordance with applicable laws, and matters concerning the protection and use of personal information are governed by the Company's Privacy Policy.
  2. The Company does not provide a Member's personal information to third parties without the Member's consent. However, exceptions apply where necessary for fee settlement, where the Member's consent has been obtained, or where there is a special provision in the law.

Article 21 (Compensation for Damages)

  1. Where the Company causes damage to a Member by violating these Terms or applicable laws through intent or gross negligence, the Company shall compensate for such damage.
  2. Where a Member causes damage to the Company or a third party by violating these Terms or applicable laws through grounds attributable to the Member, the Member shall compensate for such damage, and where a dispute arises as a result, the Member shall indemnify the Company at the Member's own responsibility and expense.

Article 22 (Disclaimer)

  1. The Company shall not be liable where it is unable to provide the Service due to force majeure such as a natural disaster, war, the enactment or amendment of laws, government measures, or the suspension of services by a key telecommunications business operator.
  2. The Company shall not bear liability for damage arising from unavoidable grounds such as maintenance, replacement, or inspection of facilities for the Service.
  3. The Company shall not be liable for damage arising from a Member's intent or gross negligence.
  4. The Company shall not be liable for the reliability, accuracy, and the like of information or materials posted by a Member, absent the Company's intent or gross negligence.
  5. The Company shall not be liable for decisions belonging to the exclusive authority of a Producer, etc., such as casting results.

Article 23 (Prohibition of Assignment of Rights)

A Member may not assign, gift, or provide as security to a third party the rights and obligations under these Terms without the Company's written consent.

Article 24 (Interpretation of the Terms and Resolution of Disputes)

  1. Where there is a dispute concerning the interpretation of these Terms, the laws of the Republic of Korea shall apply and the interpretation shall be made accordingly.
  2. Where a lawsuit is filed regarding a dispute arising between a Member and the Company, the court of jurisdiction under the Civil Procedure Act shall have jurisdiction.

Addendum