pieOS Terms of Use

Purpose

These Terms of Use, with respect to use of pieOS service (“Service”) provided by BLUEGA Inc. (“We”, “BLUEGA”), is intended to govern the rights, responsibilities and other relationship between the company and you, the user.

These Terms of Use was written in English (US) and apply to those residing outside of South Korea. A separate Term of Use written in Korean applies for residents of South Korea. The Korean version will take precedence in case of conflict between the two versions. These Terms of Use shall be construed in accordance with and governed by the laws of South Korea. You agree that any action at law or in equity arising from or relating to pieOS service, BLUEGA or these Terms of Use will be filled only in court located in South Korea.

Definitions

By service, we mean all internet services provided by BLUEGA for use of users, regardless of device (including PC, TV, mobile devices) and program of medium.

By ID, we mean a combination of letters and numbers chosen by you and permitted by us in order to distinguish the member and enable the use of service.

By password, we mean a combination of letters and numbers chosen by you in order to grant access for a given ID and protect personally identifiable information.

By content, we mean any written words, pictures, video clips, files or link in the form of symbols, letters, voice, audio or video that you submit to our service.

By paid service, we mean any digital contents and other services that are provided by BLUEGA upon payment.

Amendments to these Terms of Use

BLUEGA may change these Terms of Use when necessary, in which case you will be informed of the change and its date of effect for seven (7) days in advance to the date on pieOS service page. If the change requires your action, BLUEGA will send out notice thirty (30) days in advance by taking more exertive means, such as email or pop-up message.

A user’s consent to the change will be assumed if he or she does not actively state disagreement by the date of effect. If a member does not agree to the change, he or she may discontinue the user agreement.

BLUEGA may apply additional terms (“Special Provisions”) regarding paid services and other additional services. If terms of any special provision conflict with this Terms of Use, the special provision presides.

User Agreement

You acknowledge and agree to be bound by these Terms of Use by checkmarking “confirm” and pressing “I agree” button after reading this statement. Once you agree to these Terms of Use and your application for registration is approved by BLUEGA, a user agreement is established between you and BLUEGA.

Registration

You must provide required information such as name and desired ID when registering to pieOS. The information you provide must be true and valid. BLUEGA may require additional information, as well as personal identity verification, as we see necessary. Children under 14 may not register to use pieOS nor provide personal information to us. BLUEGA will delete any pertinent information when it is known to us that any personal information was given from children under 14. BLUEGA may decline to approve your application to register if we recognize that: your application does not meet the above terms; your application was submitted with harmful intention; your application fails to meet other standards that we may apply. BLUEGA may classify registered users into types of membership and differentiate the use of service between them.

ID, Password and User Information

BLUEGA reserves the right to change your ID in such cases that: it includes important piece of your personal information; it is offensive to others; it violates a trademark right; or it is otherwise deemed inappropriate. It is your responsibility to secure confidentiality of your ID and password. If you have reason to believe that the confidentiality of your pieOS account has been breached, you must change your password immediately and notify us of the incident.

Security of your personal information is important to us. You can always verify and change your user information on our user account page. You may not change your name or ID. If a change is occurred to your status and the information you have submitted is no longer valid, you must change your user information on our service immediately. BLUEGA does not stand responsible to any damage due to your failure to change your user information. All user information you provide us or we collect from you will be governed by these Terms of Use and our Privacy Policy. Our Privacy Policy does not apply at other websites that link to our services.

Feedback

BLUEGA will always strive to provide you with excellent service and security. We abide to these Terms of Use and our Privacy Policy. We always welcome your feedbacks and suggestions to our service, and will take appropriate measure to respond to those feedbacks. We will try to keep you updated with our progress with email or postings on our blog.

Code of Conduct

You may use our service only as authorized by these Terms of Use or as authorized in writing by BLUEGA. While using the service, you agree not to: violate any applicable law, rule or regulation; interfere, disrupt or dishonor BLUEGA and our service; harm other users.

By agreeing to these Terms of Use, you also agree not to:

 • register with false user information;
 • impersonate BLUEGA personnel or any other person or entity, be it real or fictitious;
 • use the service for commercial purpose without permission of BLUEGA or send unauthorized commercial communications or advertisement;
 • change information posted on service provided by BLUEGA;
 • violate or infringe intellectual property, privacy or other rights of BLUEGA or others;
 • transmit or post content that is illegal, harassing, hateful, obscene or otherwise objectionable;
 • intimidate, harass, stalk, flood or bully other user or interfere with their use of service;
 • collect, record or disclose other user’s personally identifiable information; or
 • do anything that is unlawful, malicious or malicious.

In case of violation of above terms, BLUEGA may remove any posting or content in violation without notice, and limit the use of service or terminate this agreement.

Notices

BLUEGA may send out notice of personal matter via email (as provided by you) or other in-service electronic messaging. In case where we need to send notice to all of our users, we may post it on our service page for more than seven (7) days to have the same effect.

Use of Service

You can start using the service once we approve your application for registration. Some services will be available only after date specified by notice. Also, with notice, BLUEGA may separate the service in segments and designate available time of use for each segment. The time of service is 24-hour day, year-round, except for when service is impossible due to logistical or technical difficulties. BLUEGA may stop the service temporarily in case of maintenance, replacement or other difficulties such as breakdown with our facility with notice. If there are reasons that prevent us from sending out notice in advance, we will notice afterwards. As necessary, BLUEGA may conduct maintenance on regular basis, and its schedule will be posted on our service website.

BLUEGA may modify or shut down the entire service or some segment of it, should such measure ever becomes necessary due to possible operational and technical needs posed by reasons such as decrease in user revenue, advancement in technology, change in company policy regarding the service. We are not liable to any compensation if such modification or shutdown is made to a service that is provided for free. If modification or shutdown is to be made to the service, the use of service or the time of service, we will post notification of its detail on our service website thirty (30) days in advance.
 

Advertisement

BLUEGA may provide you with information that is deemed necessary in using the service, by means of in-service notice, service screen or email. You may decline to receive such messages anytime, except for information regarding transaction or reply to your feedback. BLUEGA may insert advertisement on our service page and web page.

Ownership

Except for the content submitted by users and licensed materials, the content of the service is owned by BLUEGA. We do not grant you any right, expressed or implied, other than to use the service to obtain information or personal use as expressly provided in these Terms of Use.

Contents

The intellectual property right of content created by you in the service belongs to you. The content may be exposed to search result, our service or promotion, and, within necessity for that purpose, be copied, adjusted or edited. You can always contact our support or use your personal setting in our service to delete the content or prevent your content from being exposed. We will ask for your permission by telephone, fax or email in case we wish to use your content in any other way than written above.

If your content infringes or violates someone else’s rights, the rightful owner may ask the content be removed, and BLUEGA must take action as appropriate. Even without request by the rightful owner, we may take temporary action on your content, such as preventing others from seeing the content, if we believe that it violates these terms. BLUEGA may establish and apply separate content-related guidelines for different segments of service.

Termination

If you wish to terminate the user agreement established by these Terms of Use, you may go to the user information page on our service or use our support to remove your ID and terminate the agreement. All content that was created by you will be deleted when you terminate the agreement. Any content shared by other users or shared on public bulletin will not be automatically deleted; you can delete them before terminating the user agreement. If you violate our code of conduct, we may terminate the user agreement.

Probation

BLUEGA may limit or stop user from using the service in following cases: maintenance, replacement or breakdown of service facility or operational difficulties; regular maintenance to remain stability in our service; stoppage of service by internet service provider; malfunction, overload or other emergencies of service facility; any other severe condition that prevent us from continuing our service.

BLUEGA may also limit or stop user from using the service if the user violates our code of conduct as stated in these Terms of Use, or disturb or interfere with the service. In such cases, we may apply different phases of probation from using our service, or permanently ban the user from using the service if the violation persists.

If you do not use the service for more than three (3) months, we may limit your access to the service in order to protect your information and maintain effective service. If your account is held under probation under this section of the Terms of Use, we will notify the reason and time period of probation in advance. If there are reasons that prevent us from sending out notice in advance, we will notice afterwards.

Disclaimer

USE OF PIEOS SERVICE SHALL BE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLUEGA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).

BLUEGA AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO OR FROM THE SERVICE. BLUEGA AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE.

FURTHERMORE, BLUEGA AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH PIEOS SERVICE OR ANY LINKED WEBSITE. BLUEGA AND ITS AFFILIATES ARE NOT A PARTY OR SHALL BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUEGA OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BLUEGA NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE USE OF THE SERVICE.

Some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent BLUEGA may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of BLUEGA's liability shall be the minimum permitted under such law.

Indemnification

As a condition of your access to and use of the Service and/or Site, you agree to indemnify, defend and hold BLUEGA, our parents, affiliates, subsidiaries, independent contractors, licensors, suppliers, advertisers, partners, sublicensees and sponsors, and our and their directors, officers, employees, consultants, agents, attorneys and other representatives, harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (i) your access to and use of the service and the content therein, including, without limitation, any allegations that any content you submit or transmit while using the service infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property rights, privacy or publicity rights or other rights of any third person or party; (ii) your violation of these Terms of Use, the Privacy Policy, any applicable law or the rights of any other person; (iii) any dispute you have or claim to have with one or more users of the Service and/or Site; (iv) BLUEGA’s resolution (if any) of any dispute you have or claim to have with one or more users of the service; (v) your improper authorization for BLUEGA to collect, use or disclose any data or content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that BLUEGA disclose your personal information and other information collected as set forth in our Privacy Policy).

Force Majeure

BLUEGA will not be held liable for any failure to provide service due in part or in whole to any act of nature or other cause beyond our reasonable control, under any circumstances.

Service Outside of South Korea

The servers on which pieOS service is based are located in South Korea. BLUEGA does not guarantee the quality or usability of service if used outside of South Korea. If you are outside of South Korea, you must decide whether to use the service on your judgment and responsibility. You are responsible for complying with local laws when using pieOS service.

Payment and Refund for Paid Services

Your payment and refund for paid services such as certain widgets, items or contents is governed by our Special Provision on Paid Service. Widgets, items or contents that are within our paid service are non-refundable, and we will post this on the paid service page or payment page of our service.

Additional Provision

These Terms of Use will take effect on April 17, 2012.

Privacy Policy

This Privacy Policy will take effect on March 12, 2012.

Your privacy is very important to us. At BLUEGA Inc. (“BLUEGA,” “we”), we are committed to implementing measures designed to protect the privacy of those using pieOS service (“service”), although it is necessary to collect certain information from such persons. This Privacy Policy informs how we collect, use and disclose personal information, and what measures we implement in order to protect them. Please note that we may review and change our privacy policy from time to time, and in such cases you will receive notification on our service or other means.

These Terms of Use was written in English (US) and apply to those residing outside of South Korea. A separate Term of Use written in Korean applies for residents of South Korea.

List of Information We Collect

For the purpose of registration, support or service implementation, we collect the following information from you: your name, ID, password, mobile phone number, email, usage information, log files, cookies, IP address, payment information

The information is gathered using our service pages (registration, user information, general use of service, forums, support), promotions, contests, sweepstakes, delivery of goods, or other data-collecting mechanism.

Purpose of Collecting Information

BLUEGA uses the information gathered in the following purposes.

 • User administration: verification of personal identity, distinguishing individuals, preventing unauthorized usage, user agreement, age verification, support, notifications
 • Marketing and advertisement: developing and personalizing of new service, delivering ads and event information, demographic group advertising, usage statistics
 • Providing service and making payments: providing service contents, purchase and payment services, delivering goods and payment information, verification of personal identity and other financial service, or collecting payments

Safeguarding Information

We are very concerned about safeguarding the confidentiality of your personal information. The personal information we gather from you will be permanently deleted immediately after serving its purpose stated above, except for some residual information that will be stored within separate database as following: name, ID, password, email in order to prevent conflict in service and to cooperate with law enforcement individuals or entities; usage information, log files, IP address, transaction records, payment in formation, disputes and credit information for limited amount of time as necessary according to laws and regulations of South Korea. All residual information will not be used other than for purposes stated above and will be permanently deleted immediately afterwards.

Transfer of Information

BLUEGA will not furnish your information without your consent, except when required by terms of laws or requested by law enforcement individuals or entities for investigation or prosecution. We will not transfer your information to affiliated companies. If such need arise in the future we will ask for your permission and provide detail.

Managing Your Information

You can always review, update or change your (or belonging to the minor under your supervision) personal information on user information page of our service, or request termination of your user agreement with us. We do not use or transmit personal information provided by you if you request change regarding error in your information. All personal information removed by user will be deleted in accordance with terms under “Safeguarding Information” section of this Privacy Policy and will not be viewed or used for any purpose.

Cookies

In order to store and manage user data, we use small text files on your hard drive called cookies. Cookies are used for analyzing frequency, number of visits and time of your service usage, event participation in order to follow your interests, preferences and other traces for personalized and demographic marketing. You can change settings of cookies on your browser to allow or disable them. You may experience disruption in service if you disable cookies.

Service Outside of South Korea

The servers on which pieOS service is based are located in South Korea. If you reside outside of South Korea, please be aware that the laws of South Korea regarding privacy may be different from that of your country. By using our service, you hereby agree that collection, use, transfer and disclosure of your personal information will be governed by the applicable laws of South Korea.

Support

Please contact us with your feedback, suggestion or complaints regarding your personal information at support@bluega.com.