ĐIỀU KHOẢN DỊCH VỤ
Article 1 General Provisions
Section 2 (Definition)The following defined terms used herein shall have the following meanings ascribed to them, and any terms not defined herein shall have the meanings ascribed to them by law, our service policies, and general custom.
- “Member” means a user that accepts these Terms and that enter into a service contract with the Company for the use of the Service.
- “Account” means a unique combination of letters, numbers, and/or special characters selected by a Member and provided by a Company for the purpose of the use of the Service.
- “Account Data” means information provided to the Company by a Member, including his/her account, name, service use data and other information.
Section 3 (Statement and Amendment of Terms)
- These Terms are notified to Members either through posting on the Company homepage or through a linked screen where Members can confirm the contents of these Terms.
- The Company may amend these Terms at any time to comply with relevant laws and regulations.
- If the Company amends these Terms, the Company shall notify Members of the amended terms.
- If the Company amends the Terms, it will send Members notice of such amendment and confirm their agreement with the amended Terms. However, the Company may give notice that they will be deemed to have accepted the amended Terms unless they express their rejection by the effective date of the amended Terms, and if the Member does not express his/her intention to deny consent or withdraws as a Member by the effective date of the amended Terms, the Member shall be deemed to have agreed to all the contents set forth in the amended Terms.
- The Company shall not apply the provisions of the amended Terms to Members that have not agreed to the amendment. In such case, the Company and the Member may terminate the service contract.
- The amended Terms will, in principle, be effective from the effective date.
Article 2 Use of Service
Section 4 (Member Registration and Service Contract)
- Membership applicants enter into a service contract with the Company after agreeing to these Terms, filling out their member information form, and applying for membership.
- At the time of the application, applicants expressly choose to agree to these Terms by selecting “I Agree” or making other explicit statements of their acceptance to these Terms.
- The Company may require applicants to provide their real name and verify their identity, as well as other necessary information, and such process shall be done in accordance with relevant law.
- The Company may designate the necessary terms of the Service: scope of use, time of availability for use, frequency of use, and fees, among others, and the Member may only use the Service according to such terms.
- The information provided by the applicant during the application process must be true. Applicants providing false names or information or misusing another individual’s name have no claim to any rights under these Terms and the Company may cancel or terminate the service contract without any refunds.
Section 5 (Application Acceptance and Limitations)
- The Company will accept applicants that apply in compliance with Section 4 unless special circumstances apply.
- The Company may reject any application or terminate any service contract under any of the following circumstances.
- The applicant does not use his/her real name or uses another person’s name for the application.
- The record shows that the applicant was subject to restrictions by the Company within the last 3 months due to the fault of the applicant.
- The applicant is applying for the purpose of engaging in illegal activity.
- The applicant that competes with the Service is applying with the intent to decrease the profits of the Company.
- The applicant was previously a Member that lost his/her membership status and the Company refuses his/her application.
- Other similar circumstances where the Company deems that it would be inappropriate or impractical to provide the Service to the
- The Company may postpone acceptance of an application under any of the following circumstances until such circumstance is resolved.
- Insufficient memory for the Service or the Company’s equipment does not have capacity.
- Technical difficulties.
- Other similar circumstances where the Company deems that it would be inappropriate or impractical to accept the application.
- If the Company accepts an applicant’s application, a valid service contract shall be deemed to have been entered into between the Company and the Member unless such would constitute a breach of these Terms or a violation of relevant law.
Section 6 (ID)
- Upon acceptance of an application under Section 5, the user will be provided with an account (ID) (an “Account”).
- The Company based on the Account Data has the sole discretion to determine whether the Member may use the Service and to manage its Members. The Company may change or request the Member to change its Account under any of the following circumstances.
- The Account name is offensive to others or is against public morals.
- The change is necessary for security reasons or for the provision of the Service.
- Other similar circumstances the Company deems necessary.
- A Member must exercise due care of a good manager regarding the Account he/she created and only he/she should use such Account. The Member is solely responsible for any damages arising from his/her careless management of his/her Account Data or allowing third parties to use the Account.
- Any Member that becomes aware of any misuse or disclosure to third parties of Account Data shall immediately inform the Company and follow the Company’s instructions. The Company will not be liable for any damages resulting from a Member’s failure to inform the Company of any of the aforementioned events or his/her failure to follow the Company’s instructions.
- The Member shall be solely responsible for any and all damages incurred by third parties that result from his/her failure to properly manage his/her Account and the Company shall have no liability with respect to such damages.
Section 7 (Providing and Modifying Member Information)
- In the event the Member must provide the Company with information pursuant to the Terms the Member must provide true and accurate information and will receive no protection for any false information provided.
- If there are any changes to the information provided to the Company by a Member, the Member must reflect such changes by modifying the information on the homepage or the service page. If the Member is unable to modify the information, he/she must inform the Company of such change.
- The Member is solely responsible, and the Company shall not be liable for, any disadvantages to the Member resulting from any failure by the Member to modify the information or to inform the Company of changes to his/her information.
Section 8 (Protection and Management of Personal Information)
- The Company shall not be held responsible for any personal or private information including any Account Data of the User that is leaked due to the Member’s fault.
Section 9 (Service to Members)A Member may receive the following Service from the system provided by the Company.
- A Member may subscribe to photos, videos, news, etc. of the artists of his/her choice.
- A Member may post creative works regarding any artists of his/her choice.
- A Member may purchase points and send digital gifts to artists and other fans of his/her choice.
- Other services provided to Members developed by the Company or provided by other partner companies.
- Technical support and other ancillary services with respect to paragraphs 1 through  above.
Section 10 (Changes to the Service)
- The Company may make changes to the Service as necessary for its operations or technology.
- The Company shall not be liable for any damages resulting from changes to the Service under paragraph 1, except in the case of willful misconduct or gross negligence of the Company.
Section 11 (Intellectual Property)
- All intellectual property rights relating to any work products in connection with the Service or results of the Service shall remain with the Company and its subsidiaries.
- The Member must use the Service within the scope of purpose and method authorized by the Company and shall not infringe the intellectual property rights of any third parties in breach of such restrictions. The Member shall be solely liable for any such infringements of third-party intellectual property rights and the Company shall bear no liability with respect to such infringements.
Section 12 (Provision and Cancellation of the Service)
- From the date the Company accepts a Member’s application for use, the Service will be made available to such member; however, if necessary, certain services may be made available from a certain time.
- The Service may be suspended under any of the following circumstances and the Company shall have no obligation to provide any Service to the Members. When necessary for maintenance, replacement, regular inspection of information and communication facilities such as computers or modification of the Service. When necessary to respond to electronic infringement incidents such as hacking, communication accidents, abnormal service usage behavior of Members, and unexpected instability of the Service. Where applicable law prohibits the provision of the Service at specific times or by certain methods. In case normal Services cannot be provided due to natural disaster, national emergency, power outage, service equipment failure or congestion of Service. In case of management necessity such as spin-off, merger, transfer of business, closing of business, or deterioration of profitability of the Service.
- The Company shall not be liable for any failure to store or a loss of a Member’s data resulting from any of the circumstances set forth in paragraph 2 except in the case of willful misconduct or gross negligence of the Company.
Section 13 (Suspension of Termination of the Service by the Company)
- The Company may suspend the Service without prior notice in the event of a breach of these Terms by the Member or under any of the following circumstances.
- The act of transmitting a large amount of information or transmitting or mediating advertisement information in a manner that may hinder the stable operation of the Service, or when such acts occur.
- The program running on the Member’s server may cause damage to the operation of other Member systems or causes (or risks) damage or interference of the Company’s operation of the Service.
- When the Member uses the Service in a manner that affects the network due to abnormal excessive traffic related to the system in operation.
- If the Member is expected to risk the operation of the Company’s Service due to improper installation of the security update on the server.
- If the server used by the Member is infected with a virus or was hacked or is suspected of being infected or hacked.
- If the Member accesses or uses the Service for the purpose of circumventing the restrictions set by the Company for the use of the Service.
- If the Member damages the Company by violating current law or through willful misconduct or gross negligence.
- When planning or implementing the use of the Service for the purpose of undermining national or public interests.
- If you steal another person’s Account.
- The Member commits a breach of Section 16 and has failed to cure such breach upon receipt of a request from the Company to cure such breach within a reasonable time.
- When it is necessary to delete a Member’s personal information due to not using the Service for 1 year pursuant to the ‘personal information expiration period’.
- If you damage the reputation of another person or give another person a significant disadvantage in using the Service.
- If the Member interferes with the proper use of the Service, such as causing harm to the Service.
- If you otherwise violate relevant law or the policies set by the Company.
- Upon termination of a service contract pursuant to this Section, the provision of the Service will immediately cease, and all data accumulated regarding the activities of the Member will be made private.
Section 14 (Suspension of Termination of the Service by Members)
- If a Member wishes to suspend or terminate a service contract, he/she must notify the Company through the procedures and methods on the homepage or the service page.
- The Member must backup all data stored on the server he/she used during the term of the service contract prior to the termination of the service contract. The Company will delete all servers and resources immediately upon the termination of the service contract and will not be restorable.
- A Member may withdraw from his/her membership through the homepage or the service page. Upon an application to withdraw membership, the Company may seek to verify your identity before processing the withdrawal request.
Article 3 Rights and Responsibilities of the Parties
Section 15 (Company Obligations)
- The Company shall faithfully exercise its rights and perform its duties under the relevant laws and these Terms, and the Company makes efforts to provide the Service requested by the Members in a stable and continuous manner.
- In the event of any failures that interfere with the normal operation of the Service, the Company uses best efforts to repair or restore the Service unless such is the result of natural disasters, emergencies, technical defects that are difficult to resolve, or other unavoidable circumstances. However, if a partner company’s equipment is defective or data is lost or damaged due to the willful misconduct or negligence of the partner company, the Company shall not be liable for such damage or loss unless such is caused by the Company’s willful misconduct or gross negligence.
- If the opinion or complaint made by the Member is deemed to be justified, the Company shall fairly process such opinion or complaint according to the procedures set by the Company immediately or within a certain period. However, if prompt processing is difficult, the Member will be notified of the reason and processing schedule.
Section 16 (Member Obligations)
- Members shall not engage in any conduct that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party
- Impersonates any person or entity, including any of our employees or representatives
- The Company may install and operate a menu on the Company’s homepage or on the service page for Members to notify or report any Member’s illegal activity.
- If a Member processes, manages, uses, or accesses a third party’s personal information during the use of the Service, the Member shall manage and protect the personal information in compliance with relevant laws and the Company shall not be liable for any results, loss, or damage relating to such actions (including without limitation the leakage of such third party’s information).
- The Member shall possess or acquire all the rights of the server, software program, etc. operated by the Member through the Service, and shall be fully responsible for copyright issues arising therefrom.
- If a Member distributes or sends illegal software or spam through the Service and causes damage to any other Members or third parties, the Company shall not be responsible for such damages and such Member shall indemnify the Company and make every effort to prevent the Company from being harmed by any obligations, losses, damages, or lawsuits against the Company.
- The Member is obligated to check and abide by the provisions of these Terms, notices related to the user guide and Service, and notices from the Company.
- Members are responsible for backing up and storing data handled while using the Service and shall be responsible for any loss caused by their neglect of data management.
- No Member may assign, gift, provide as collateral, or transfer any rights or its status a party under these Terms or any other service contract between the Company and the Member to a third party.
- If a minor wants to make a payment to use the Service, a legal representative must agree to the contract to proceed with the payment. Other matters concerning the transactions with minors are determined by the relevant laws and regulations.
Section 17 (Sanctions for Member’s Breach)If a Member breaches the obligations set forth in Section 16, the Company may impose any of the following sanctions after considering the importance of the relevant matter and the damages suffered by other Members, third parties, and the Company.
- Warning The Company may warn the Member regarding the breach by giving written notice of the contents of and time of the breach.
- Use Restrictions The Company may restrict the use of any Service, such as access to the Company’s homepage or service page for the period determined by the Company, in consideration of various matters such as the degree of breach of the Member’s obligations.
- Permanent Suspension The Company may permanently suspend a Member’s Account.
Article 4 Indemnification and Disclaimers
Section 18 (Company Indemnification)The Company will indemnify Members for damages incurred by Members in using the Services that are caused by the Company’s willful misconduct or gross negligence.
Section 19 (Member Indemnification)
- Members shall indemnify and defend the Company, its affiliates, their employees, agents, partners, and license holders in the event of a dispute arising from any of the following circumstances and shall make every effort to prevent them from being harmed.
- If a Member breaches or violates these Terms or related laws and regulations
- If the Company investigates suspected breaches of the Terms or if it takes measures in the event a breach of these Terms occurs
- Members are responsible for compensating the Company, its employees, or representatives, for all loss, expenses, and damages (including attorneys’ fees) incurred by the Company caused by the Member’s breach of these Terms or related laws and regulations.
Section 20 (Disclaimers)
- The Company shall not be liable under any of the following circumstances.
- If it is impossible to provide Services due to war, attack, natural disasters, national emergencies, technical defects that are difficult to resolve, or other force majeure.
- In case of suspension of service, disability of service, or termination of service contract due to the Member’s fault.
- Where the telecommunications service provider suspends or fails to provide normal telecommunications services.
- When the Service is suspended or a failure occurs due to unavoidable reasons such as repair, replacement, regular inspection, construction, etc.
- In case of problems caused by the Member’s computer environment or the network environment without the Company’s willful misconduct or gross negligence.
- If the Service is suspended or a failure occurs due to a partner company’s circumstances such as equipment failure.
- In case of dispute between Members or between a Member and a third party within the Service.
- There is no intentional or gross negligence of the Company in relation to the free Service provided by the Company.
- There is no intentional or gross negligence of the Company in relation to the free Service provided by another company.
- Despite the normal provision of the Service, the Member fails to achieve or loses his/her expected profits or results or suffers a loss due to his/her own choices.
- In case of damage caused by the Member’s computer error or caused by the provision of inaccurate information or email address, etc.
- Inability to provide services in accordance with applicable laws, government policies, etc.
- There is no intentional or gross negligence of the Company regarding the contents of information, materials, facts, reliability, accuracy, etc. posted or transmitted by the Member or a third party on the Service or on the Company homepage.
- Any matters regarding the accuracy or legal compliance of other websites that the Company provides links to access for the convenience of Members, except in the case of willful misconduct or gross negligence of the Company.
- Any issues arising from the local laws of the Member’s jurisdiction when using the Site outside of Korea.
- Members post information and opinions on the Company’s homepage or service pages according to their rights and responsibilities, and the Company does not verify the truth, accuracy or reliability of the facts, information and opinions displayed by Members or third parties while providing the Service. Accordingly, the Company shall not be liable for any loss or damage caused by the Member’s reliance on the above information and opinions.
- If Company incurs damages or is subject to criminal penalties or sanctions from investigative agencies or administrative agencies due to a Member’s illegal activity or breach of these Terms, the Member shall indemnify the Company for any and all losses (including without limitation compensatory damages, lawsuit expenses, and attorneys’ fees).
Article 5 Miscellaneous
Section 21 (Governing Law and Jurisdiction)
- These Terms and the service contracts shall be governed by the laws of Korea.
- In the event of any dispute between the Company and a Member regarding the formation of the service contract or the provision of the Service, the Company and the Member shall take all necessary efforts to resolve such dispute amicably. If a lawsuit is filed regarding such a dispute, the courts of the Republic of Korea shall have jurisdiction over such lawsuit.