Effective: October 15, 2021
From time to time, we may revise these Terms. You can determine when these Terms were last revised by referring to the “Effective” date at the top. Any changes to these Terms will become effective when we post the updated Terms on our website, and will apply to any Assets you submit after that time. By submitting Assets after these Terms have been updated you will be deemed to have agreed to the updated Terms. If at any time you don’t agree to any portion of these Terms, don’t submit Assets.
You agree that the terms “you” and “your,” as used throughout these Terms, apply to both you and your business enterprise, as applicable.
1. Your License to Us
- You are hereby granted an unconditional, non-exclusive, irrevocable and worldwide license with no royalties and are permitted to keep, copy, temporarily save, encode, save, play, record, sell, sub-license, distribute, transmit, broadcast, sink (or synchronize), edit, modify, publicly exhibit, make public, post, publicize, and manufacture an asset based on the service and advertisements to NAVER Z and its subsidiary company (limited to the business duties related to the service, and the same shall apply hereinafter). You are hereby granted the right to use a derivative product based on or related to, in any other method, assets or advertisements according to the same methods explained above.
- If you incorporate your or any third party’s name, trademark, likeness, image, visual work, musical composition, lyrics, sound effect, sound recording, choreographic work, or other materials (collectively, “Additional Elements”) into the Assets, you agree that this license applies to all Additional Elements.
- You acknowledge that third parties may use the Assets for purposes or in ways other than you anticipated. You agree that such uses constitute user-generated content for which neither NAVER Z nor our affiliates bear any responsibility. You agree that neither NAVER Z nor our affiliates are liable for any claims or losses based on or arising from any user-generated content, including content that makes use of the Assets, whether within the Services or beyond.
- You acknowledge and agree that NAVER Z and our affiliates own all rights in the ZEPETO product, including the ZEPETO Studio and ZEPETO Studio software, and any other creative tools we may make available to you to create the Assets (such as templates, exporters, plugins).
- You agree that, except through the Cash Out (as defined in Section 6) permitted under these Terms, neither NAVER Z nor our affiliates are under any obligation to pay you or any third party any consideration or compensation for the Assets. To the extent permissible by law, you irrevocably waive—or agree not to assert against NAVER Z or our affiliates to the extent a waiver is not permitted—any moral rights or equivalent rights you may have in the Assets throughout the world.
- You acknowledge and agree that NAVER Z has the right (but no obligation) to publicly attribute the Assets to you, including by posting your name, business name (if applicable), Item name, ZEPETO account username or display name, ZEPETO code, city, state, and country, as submitted by you or as tied to your ZEPETO account.
- You acknowledge that ZEPETO users who have purchased your Items through ZEPETO app may continue the use thereof (including NAVER Z itself using the Items to allow such use by ZEPETO users) after the expiration of Item run time or the termination of the contractual relationship between you and NAVER Z. Further, in the event NAVER Z desires to use any derivative works that it has created based on your Item(s), you agree to grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to continue using said Item(s) as part of such derivative works.
2. Asset Content Restrictions
- The Assets must comply with our ZEPETO Studio Submission Guidelines and must be appropriate for people ages 13+.
- You acknowledge and agree that NAVER Z has the right to review the Assets prior to uploading them onto ZEPETO app for purchase and use by ZEPETO users. Without prejudice to any other rights available to us under these Terms (including our right to indemnification from you), we may require you to make appropriate revisions and corrections to the Assets if we deem in our sole discretion the Assets that you have submitted are not in compliance with these Terms, including our ZEPETO Studio Submission Guidelines, and/or any applicable laws and regulations.
- NAVER Z reserves the right to reject or remove an Item from ZEPETO app at any time, because you or the Item have violated our terms or guidelines, or for any other reason in our sole discretion. In particular, where it is suspected based on reasonable evidence or actually confirmed that a submitted Asset has infringed upon intellectual property rights or other rights of a third party, the relevant Item can be rejected or removed from the ZEPETO app at any time. If the Item is removed from the ZEPETO app after the Item has already been sold to ZEPETO users, NAVER Z may, at its discretion, to protect ZEPETO users and to ensure smooth running of the Services, refund those users who purchased the Item, invalidate any ZEMs paid to you, and demand a return for ZEMs already Cashed Out.
- You hereby have the copyright and intellectual property right to the assets you manufacture: Provided, however, that all rights to ZEPETO Studio, and ZEPETO products including the software provided by ZEPETO Studio, and the copyrights and intellectual property rights to all creative tools (e.g. template, extractor, plug-in, etc. and API, SDK, etc. serving as a means of providing each matter mentioned above; hereinafter referred to as “creative tools”) which you can use to manufacture assets are vested in NAVER Z or our subsidiary company. In the event that you submit an asset or an item manufactured using any of the creative tools or elements provided by NAVER Z to ZEPETO Studio, notwithstanding the terms and conditions for ZEPETO’s use thereof, you shall obtain prior permission from the company in order to use the relevant asset or item commercially beyond the scope of the ‘service’.
3. Selling of Items and the Use of Item Sales Data
- You hereby have the copyright and other intellectual property rights to the assets that you manufacture; however, concerning the selling of the item(s) you submit, an entrustment relation for sales may be established between the company and you. At this juncture, any profits earned from selling the item shall be processed pursuant to 5. Encashment.
- All Items must comply with the technical requirements made available by NAVER Z. We do not guarantee delivery of the Item and we do not guarantee that anyone will choose to buy or use your Items.
- All Items must comply with the technical requirements made available by NAVER Z. We do not guarantee delivery of the Item and we do not guarantee that anyone will choose to buy or use your Items. Unless we grant you express permission in writing, you may not use that information for commercial purposes.
- Transfer any Item Data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization related service.
- In the event that another user asks a question or makes a request concerning operations related to an asset or item you have submitted, you shall handle it promptly and make your best efforts to resolve the matter: Provided, however, that concerning a user complaint related to the selling of an item, or a request for a refund, the company may process it pursuant to the laws related to electronic commerce and consumer protection, etc. and, if necessary, take action concerning a refund at its sole discretion. Such refund may change the ZEM to be offered to you, and the ZEM already offered may be invalidated, or the refund of the profit already paid may be demanded.
4. Removal of the Item
- You may request, at any time via ZEPETO Studio Console, that NAVER Z no longer allow your Items to be made available to ZEPETO users through ZEPETO app (each, a “Deactivation Request”). For clarity, your Items will remain in the ZEPETO Studio and in existing user-generated media incorporating the Items, but will no longer be made available to ZEPETO users through ZEPETO app after we process your Deactivation Request, unless and until you later request that the Items be made available again (to the extent we make such option available).
5. Cash Out
We may, in our sole discretion, offer your Items for purchase by ZEPETO users in ZEPETO app using our virtual currency “ZEM”. Certain ZEPETO Studio users will be presented with an option to exchange your ZEM for U.S. dollars at the then-current exchange rate set by NAVER Z ("Cash Out") on the terms and conditions below. The ZEM exchange rate is determined by deducting the cost of the app market fee, ZEPETO Studio usage fee, etc. Details on exchange rates can be found in the "Payment" page. After you submit a request for Cash Out to us, we will make a determination in our sole discretion of whether you are eligible to Cash Out Based on your account information, on the eligibility requirements below, and on applicable laws.
If you do not agree to these Terms, you will not be eligible for Cash Out.
- The eligibility requirements are as follows:
- Minimum of 5,000 “earned” ZEM in your account. In order to protect against money laundering and comply with applicable law, we limit all Cash Outs to "earned" ZEM. ZEM are considered "earned" if you receive them by receiving payments from a bona fide third party transaction through the Services for Items that you created for ZEPETO app. This means that ZEM acquired in other ways (e.g., receiving ZEM as part of referral bonus, a purchase of ZEM or gift card, or trading/selling virtual goods that you did not create) are not considered "earned". We will determine how much you are eligible to Cash Out by totaling the amount of earned ZEM (over the lifetime of the account) and subtracting the amounts previously paid out to you through Cash Out;
- You shall have a valid ZEPETO account for Cash Out. The company may demand a user name or a company name, a resident registration number or a business registration number, a copy of a bank book and an identification card (which may vary depending on your country of domicile), and a valid bank account number or settlement solution account (which may vary depending on the country of domicile). You may be denied Cash Out unless you submit the required matters.
- You are not allowed to make a request for Cash Out more than once in a calendar month for more than the Cash Out monthly limit.
- You further acknowledge and agree to the following:
- Making a request for Cash Out does not guarantee that you are eligible to, in fact, Cash Out. When you submit your request, NAVER Z will determine if you are eligible to Cash Out. If that determination concludes that you are eligible, then NAVER Z will Cash Out your earned ZEM. While you are earning ZEM regardless of whether the ZEM was obtained legally or illegally, if it is determined that (1) the "member" accidentally overpaid, (2) the payment of ZEMs violates relevant laws and regulations, or the company's business policies in terms of social order, ethical policies and other terms and conditions of the "company," then you will not be able to withdraw ZEMs either partially or fully.
- You are responsible for any taxes that may be owed due to a Cash Out. ZEPETO Studio users are responsible for ensuring that all payments received are reported to the proper taxing authorities. Income that minors earn can impact their parents’ tax returns.
- We may not be able to remit payments to certain countries, entities, or individuals because of legal or other considerations.
- NAVER Z reserves the right to modify, amend, or cancel the Cash Out option, add, remove, or modify the eligibility requirements, and change the exchange rate for a Cash Out, all at any time and for any reason. The existence of the Cash Out option today in no way creates an obligation for us to continue the program in the future, nor does it guarantee that ZEM can be exchanged in the future. We reserve the right to review activity on accounts to assess the validity of ZEM balances, and to deny payment to any ZEPETO Studio user that we feel has violated the terms.
- Neither us nor any third party has any obligation to exchange ZEM for anything of value, including, but not limited to, real currency, except as expressly provided in these Terms or otherwise required by applicable law. We, in our sole discretion, may impose limits on ZEM, including, but not limited to, the amount that may be acquired, earned, or redeemed.
- You acknowledge and agree that we may engage in actions that may impact the perceived value or acquired price of ZEM at any time, except as prohibited by applicable law.
- Further information on how to Cash Out can be found in the ZEPETO Studio Cash Out Guides.
6. Sponsorship Services
- "Sponsorship" is defined as paying ZEMs to "members" to support their "user contents" posted on or provided by ZEPETO. "User content" is considered an "asset" in Terms and Conditions, and will be treated as one except for matters that are not relevant or difficult to apply due to its nature.
- Users may create "user content" to receive sponsorship by posting videos or LIVE streaming using tools and functions provided by ZEPETO. However, illegal contents or offensive topics are strictly prohibited in any way, and all users must follow the ZEPETO Terms and Conditions and community guidelines.
- To withdraw ZEMs in cash, please read "5. Cash out"
7. Your Representations and Warranties
- You shall use ZEPETO Studio and ZEPETO products, including ZEPETO Studio software, provided by NAVER Z, and all other creative tools such as text, image, graphic, music, video, template, extractor, plug-in, and API and SDK necessary to provide each item mentioned above as they are provided by the company; and you shall not deform, change or modify them without obtaining the prior consent of the company.
- If you are submitting Assets on behalf of a business enterprise, you further represent and warrant that you are an authorized representative of the business with the authority to bind the business to these Terms and agree on behalf of the business enterprise to be bound by these Terms.
8. Your Indemnification to Us
(a) NAVER Z's use and any third party’s use of the Assets, including the Additional Elements, if any; (b) your use of ZEPETO Studio and your activities in connection with ZEPETO Studio; (c) your violation or alleged violation of any laws, rules, and regulations in connection with your use of ZEPETO Studio or your activities in connection with ZEPETO Studio; (d) any claim that the Assets infringe, violate, or misappropriate any copyright, trademark, trade secret, design right, trade dress, patent, publicity, privacy, or other right of any person or entity; (e) your use of products or services provided by a third party in connection with your development and submission of the Assets, even if recommended or approved by NAVER Z; (f) any fraud or misrepresentation by you; or (g) any violation or alleged violation of these Terms by you, including any actual or alleged breach of your representations, warranties, or obligations.
9. Governing Law and Jurisdiction
10. Your Withdrawal
- You can withdraw from your ZEPETO Studio account at any time by sending a written notice of withdrawal to NAVER Z.
- Upon your withdrawal, we will have no obligation to make your Items available on ZEPETO app for purchase by ZEPETO app users, and any earned ZEM remaining in your account shall immediately become subject to Cash Out according to the terms and conditions set forth in Section 6 of these Terms.
- We may add, modify, temporarily or permanently suspend or remove features or functionalities available to the ZEPETO Studio at our sole discretion.
11. General Terms
- The English version will be the version used when interpreting or construing these Terms.
- Nothing in these Terms will be construed to imply a joint venture, principal-agent, or employment relationship between you and NAVER Z or our affiliates.
- If a court finds any provision of these Terms invalid or unenforceable, the invalidity or unenforceability of such provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect).
- If we do not enforce (or we delay enforcement) of these Terms against you, it will not be considered a waiver of our enforcement rights.
- You may not assign or transfer your rights or obligations under these Terms to someone else without our prior written consent. NAVER Z may transfer the rights and obligations under this agreement without your consent if it is necessary to operate and maintain the service.