Chapter 1: General Provisions
Article 1 (Purpose)
Article 2 (Definitions)
- The following capitalized terms used in the Terms shall have the respective meanings set forth below:
- “Service” means the Contents and related information and software provided by the Company to the Members accessing it via wired and/or wireless devices.
- “Member(s)” means an user who has been authorized to use the Service by the Company after agreeing to the Terms and to provide his/her personal information.
- “Content(s)” means all types of contents (texts, images, photos, voices, sounds, videos, etc.) created and processed in the digital format and serviced to the Members.
- “Paid Service” means the service provided by the Company for a fee defined in Subparagraph 1 above.
- “Device(s) for Access” means any mechanical means that allows Members to either download and install the Contents or otherwise use the Contents via connection to a network, such as a mobile phone, PC, tablet, etc.
- “Ticket(s)” means the electronic means of payment provided by the Company with specific terms and conditions for Members to use when using the Paid Service. Tickets may be purchased with Cash, and information on the types of Tickets and how to use them is provided on the screen when a Member purchases the Ticket. Tickets may lapse and expire if a Member does not use it for five (5) years after the date of its purchase in accordance with the statute of limitations, and any Ticket provided for free is subject to lapse and expiration in response to the Company’s policy.
- The Company shall display the Terms on the start page for the Service or a separate pop-up screen to make it easy for Members to review the contents of the Terms.
- The Company may amend the Terms to the extent that such amendment does not violate any applicable laws and regulations, such as the Content Industry Promotion Act, the Act on the Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions and the Act on Promotion of Information and Communications Network Utilization and Information Protection.
- The Company shall make an announcement for the amendment of the Terms fifteen (15) days in advance at a place the Company deems appropriate within the Service operated by the Company, along with the version of Terms then in effect, the effective date for the amended Terms and the reason for the amendment, when making any amendments to the Terms. For amendments that are adverse to the Members, the Company shall make an announcement thirty (30) days in advance and notify Members electronically to the email addresses provided by Members when they signed up for the Service.
- If a Member does not expressly object to the amended Terms despite the Company unambiguously notifying or informing the Member that “failure to expressly object prior to the effective date of the amended Terms shall be deemed a consent to the amendment” in the 15 or 30-days’ advance announcement in accordance with Subparagraph 3 above, such Member shall be deemed to have consented to the amended Terms.
- If a Member does not consent to the application of the amended Terms, such amended Terms may not be applied to such Member, who may terminate the Service Use Agreement with the Company. If there are circumstances that prevent the Company from applying the previous version of the Terms to a Member who did not consent to the amended Terms, the Company may terminate the Service Use Agreement with such Member.
- The Terms shall go into full force and effect from the date a Member consents to it until the date such Member withdraws as a Member, but provisions that by their very nature are capable of post-withdrawal application, such as Article 19 (Mediation) and Article 20 (Governing Law and Jurisdiction), may be applicable to the Company and a Member even after such Member withdraws his/her membership.
Article 4 (Notice to Users)
- When sending notification to the Members, the Company may notify the Members by email to the email addressed provided by the Member at sign-up, text message, Kakao Talk message, pop-up window or notification within the Service, push notification, etc., unless the Terms stipulate otherwise with regard to the notice method.
- For notices intended for all Members, the Company may post the notice within the Service or display it in a pop-up window for seven (7) or more days in lieu of the notice pursuant to Paragraph 1 above.
- The Company shall be deemed to have notified a Member if the notice is posted within the Service or displayed in a pop-up window according to Paragraph 2 above in situations where the Company is unable to send individual notices because the Member either did not provide an email address or failed to update his/her email address of record after changing it.
Chapter 2: Contract Formation and Service Usage
Article 5 (Formation and Application of Contract to Use the Service)
- All users who wish to become Members must enter into a Service Use Agreement with the Company. A Service Use Agreement is executed when the user sends an application for the Service by consenting to the Terms and the collection and use of the Member’s personal information necessary for the provision of the Service and the Company approves it.
- The Company may restrict use of the Service by the Member’s age or membership grade pursuant to the Youth Protection Act and other applicable laws and regulations or the Company’s policies or require an identity authentication process for all Members. Furthermore, the Company verifies the Member’s age and identity whenever a Member tries to access Contents that may not be viewed by persons under nineteen (19) years of age in accordance with the applicable laws and regulations and/or the Company’s policies.
- The Company approves applications for Service use if the user accurately provides all information required by the Company at the sign-up page and completes the verification process put in place by the Company, such as authentication of the email address linked to the user’s Kakao Talk account. However, the Company may withhold its approval for applications or restrict use of the Service or terminate the Service Use Agreement (including forced withdrawal of membership) even after approving the application in the following cases, and if the Company suffers any losses or damages due to an unlawful application by a Member, the Company may demand compensation for all such losses and damages from the Member.
- User used a name that is not his/her actual name or illegally used someone else’s name in the application for the Service.
- User provided fraudulent information or did not provide the information required by the Company on the sign-up page.
- User who is under fourteen (14) years of age did not get his/her legal guardian’s (parents, etc.) consent to the Terms and the collection and use of the personal information necessary for the provision of the Service.
- User who is a minor tries to use part of the Service that he/she is prohibited from using under the Youth Protection Act and other applicable laws and regulations.
- User submitted the application for the purpose of disrupting social order or public morality.
- User is residing or located in a country in which the Company is not authorized to provide the Service or submits an application using an IP address from such country.
- User submitted the application for purposes of engaging in a criminal conduct or if it is evident that the user did not submit the application for normal use of the Service based on him/her repeatedly joining and withdrawing within a specific time period.
- User who has a history of getting his/her membership withdrawn for interrupting the Company’s provision of the Service submits an application.
- User loses his/her Kakao membership.
- The Company determines that the application cannot be approved due to other causes attributable to the user.
- The Company shall take measure to let users know that a contract for a Paid Service entered into by an user under nineteen (19) years of age requires prior consent of his/her legal guardian or may be cancelled by the minor user or his/her legal guardian unless confirmed afterwards by a legal guardian, prior to the execution of any Service Use Agreement for a Paid Service.
Article 6 (Providing and Changing User Information)
- Members must provide accurate information when they are required to provide their information to the Company under the Terms, and if a Member provides false information, such Member is solely and entirely responsible for any harm resulting therefrom.
- Members shall either immediately edit their information online or notify the Company via email or other methods when there are any changes to the information they provided at sign-up.
- The Company shall not take any responsibility for any harm caused to the Member or any third party resulting from the Member’s failure to notify the Company of the information change in accordance with Paragraph 3 above.
Article 7 (Displaying Identity Information and Conditions for Using the Contents)
- he Company shall post the Terms, business name, names of its representatives, phone number, fax number, corporate registration number, etc. in a manner that is readily available to the Members. However, the Company may display the names of its representatives, fax number, corporate registration number and the Terms on a page that is linked to the start page for the Service.
- In principle, a Ticket purchased by a Member may only be used for the particular Content for which the Ticket was issued. However, a Ticket may be used for Contents other than the Content for which the Ticket was originally issued for if the Company allows transfer or trade of Tickets between Contents due to the Company’s policy, and separate guidance will be provided in the purchase screen for each Ticket in such situation.
- Other than as separately determined and notified by the Company, a Member may only use a Ticket within his/her own account and may not transfer, loan or sell a Ticket to another person.
- Members may contact the Customer Service Center if they have any questions or need help on how to use the Contents they purchased.
Article 8 (Hours of Use for the Service)
- The Company provides the Service during the hours as determined in accordance with its business operation policy. Unless indicated or notified otherwise, the Company provides the Service to Members 24/7, 365 days a year without any days off.
- Notwithstanding Paragraph 1 above, the Service may not be provided, nor will the Company be obligated to provide it, in the following situations:
- When there are significant operational issues, such as maintenance, replacement, and malfunctioning of telecommunications equipment, such as computer systems, communication lines being down, or scheduled maintenances.
- When it is necessary to respond to electronic breaches, such as hacking, communication line failure, abnormal Content usage patterns by Members, and other unexpected instability of the Service.
- When it is impossible to provide the Service as usual due to natural disasters, acts of war, emergencies, power outrage, equipment failure, network failure, server congestion from heavy traffic, etc.
- When the Company is prohibited from providing the Service and/or the Contents during specific hours or in a specific method, or from providing the Service to a specific Member, pursuant to applicable laws and regulations or government policies.
- Where there are causes beyond the Company’s control, such as discontinuation of the Service as the result of a legal or administrative action by national institutions, such as the Korea Communications Commission and the Korea Information Security Agency, governmental agencies, investigative authorities, or the courts.
- If the Company has to discontinue providing any Paid Service due to significant business reasons, such as the merger, spinoff, transfer of its business, service shutdown, deterioration of profit level for a particular Content, etc., the Company shall notify Members of such fact in a manner provided for in the Terms and compensate each Member in accordance with the Terms or as separately notified by the Company. However, Cash or Tickets given to the Members for free, and Contents purchased with such Cash or Ticket, may not be eligible for compensation.
- The Company may modify all or part of the Service as necessary for the operation of the Service, including but not limited to adding new Contents and patching bugs, and the Company does not guarantee that a particular Content that is currently being provided will continue to be provided though its completion. Also, the Company will not be responsible for any indirect and consequential losses suffered by Members, such as loss of expected profit or loss of a benefit that was not actually provided by the Company, as the result of a change to the Service.
- The Company may suspend all or part of the Service due to its technical or operational needs with thirty (30) days’ advance notice. However, the Company may provide a shorter notice or notify Members after the fact in unavoidable circumstances, such as occurrence of a critical bug, server equipment defect, an urgent security issue, and other business emergencies.
- If a Member receives a refund from the Company by abusing the applicable App Store’s in-app purchase policy when there are no grounds for refund under any applicable laws or regulations or the Terms, the Company may demand repayment of any amount wrongfully received via refund by such Member and deduct the amount of the wrongful refund from any unused portion of such User’s Cash or Ticket. In such event, the Member shall no longer be able to use even the unused, remaining portion of his/her Ticket or Cash.
Chapter 3: Obligation of the Parties
Article 9 (Obligations of the Company)
- The Company complies with all applicable laws and regulations and exercises its rights and performs its obligations under the Terms in good faith.
- The Company does not disclose any Member’s personal data collected in the course of providing the Service to any third party without the Member’s consent. However, the Company may provide a Member’s data in the appropriate procedure stipulated in applicable laws and regulations without the Member’s consent when there are requests for the provision of such information from investigative authorities or the Korean Communications Standards Commission pursuant to any applicable laws and regulations.
- The Company shall establish and maintain sufficient infrastructure and facilities that would enable Members to enjoy the Contents without interruption by taking into account the number of users and hours of use for the Service and preparing for situations like server failure and technical issues.
- The Company shall have the necessary manpower and structure (system) to respond to complaints and requests for help from the Members appropriately.
- If the Company becomes aware of Members suffering the same or similar kind of harm due to an illegal activity or a violation of the Terms by a particular Member, the Company shall post a notice of such fact and recommended measures to be taken to avoid such harm at the start page or in the Notice section.
Article 10 (Obligations of the Members)
- Each Member shall comply with the provisions within the Terms, the Company’s business policy, usage restrictions and other regulations, matters announced or notified by the Company using a pop-up, and all applicable laws and regulations, such as the Act on Promotion of Information and Communication Network Utilization and Information Protection, Copyright Act and Youth Protection Act, when using the Service.
- A Member shall not engage in any of the following acts:
- Providing false information when signing up for the Service or when updating his/her information, or using someone else’s information illegally, such as using another Member’s ID and password.
- Collecting, saving or disclosing other Members’ information acquired in the course of using the Service.
- Distributing false information on the Service Message Board for the purpose of generating financial gain for himself/herself or for another person or causing harm to another person.
- Reproducing or distributing any Contents provided to the Member by the Company without the Company’s prior consent.
- Using the Contents provided by the Company in a manner that goes beyond private enjoyment by the Member, such as displaying it in public places or business premises operated for profit.
- Engaging in any activity that may cause harm to others in the course of using the Service, including but not limited to insulting the creator or damaging the creator’s reputation.
- Posting obscene materials or links to obscene websites on the message board within the Service, or distributing information, words, symbols or recordings that threaten to social order or corrupt public morality.
- Acting as an impostor for another person or making false representations about relationship with others when using the Service.
- Pretending to be an employee or system administrator for the Company or using someone else’s name to post things on the message board or send emails to other Members.
- Making modifications to any programs related to the Service or the website, adding or inserting other programs to the Service, or changing any information posted on the Service without special authorization from the Company.
- Intentionally registering or distributing computer viruses or data infected with computer viruses that cause equipment malfunction, destruction of data or user confusion.
- Using the Service in a manner that goes directly against the manner intended by the Company, such as sharing the Service account with another person, exceeding the number of the devices authorized under the Company’s business policy by accessing the Service from multiple devices at the same time, creating more accounts than authorized under the Company’s business policy from the same device, etc.
- Accessing the Service by creating multiple accounts or posting a large volume of duplicative comments for the purpose of improperly receiving free Cash or Ticket provided by the Company to reward Members for participating in events hosted by the Company, or inducing, or deterring the Members from, the consumption of a particular Content.
- Infringing upon the Company’s or any third parties’ intellectual property rights.
- Using the Service for Member’s own commercial gain without the Company’s prior consent, such as sending marketing and advertising materials within the Service.
- Obstructing the Company’s business or damaging the Company’s reputation in the course of using the Service.
- Engaging in any illegal or wrongful acts that cause harm to the public order or corrupt the public morality in the course of using the Service.
- Engaging in any activity that falls under any of the above Subparagraphs.
- If there are any changes to the information provided by a Member at sign-up for the Service, such Member shall immediately update his/her information. The Company may terminate the Service Use Agreement with the Member or otherwise restrict or suspend the use of the Service by the Member in accordance with Article 5 and Article 15 of the Terms if any information provided or updated by the Member is inaccurate or the Member violates Paragraph 2 above.
Article 11 (Posting and Sending Advertising Materials)
- The Company may send advertising materials to a Member via Kakao Talk, text messages or push notifications if the Member has consented to it. A Member may decline to receive advertising materials at any time he/she would like, and the Company shall not send any advertising materials to a Member after the Member declines.
- The Company may post advertisements on the Service page, homepage or in emails, either directly or indirectly though a third-party partner (the “Advertiser”) separately from the sending of advertising materials pursuant to Paragraph 1 above, and any Member who wishes to use the Service is deemed to have consented to the posting of advertisements the Member is exposed to in the course of using the Service.
- Communicating with or engaging in transactions by clicking on the advertisements displayed on the Service or participating in the Advertiser’s promotional activities through the Service is entirely between the Member and the Advertiser, and the Company shall not take any responsibility in connection with any conflict or issue that may arise between the Member and the Advertiser.
Article 12 (Copyrights and Other Legal Rights)
- All rights and responsibilities with regard to contents generated by a Member in the course of using the Service, such as posts, nicknames, comments, etc.; collectively “User Posts”) vest to the Member who published them.
- Copyrights and other intellectual property rights to all works published by the Company vest to the Company, with the exception of posts by Members and works provided under a contract with a third party.
- Members shall not reproduce, transfer, publish, distribute or broadcast or allow another person to use any Contents provided by the Company, or any Contents to which a third-party content provider owns the rights, without the right holder’s prior consent.
- Members hereby authorize the Company to use any User Posts in the following manner and conditions:
- The Company may utilize the User Posts to the extent they are necessary for the promotion of the Service (such as editing or modifying an User Post to create marketing materials with it or using it as the cover for books in print format)
- The Company may utilize the User Posts for research purposes to improve the quality of the Service (utilizing them as statistical data for planning new Contents, improving user environment, etc.).
- The Company shall not use any User Posts that are not integrated within the Service, such as contents published outside of the Service, for commercial purposes without the express consent from the Member who generated such User Post, and the Member may delete any User Post at any time.
- If the Company determines that a certain User Post violates, or has the risk of violating, any law or regulation or rights of any third party, including defamation, invasion of privacy and infringement of copyright, or contains obscene or violent content that goes against the public order and morality, the Company may take various temporary measures against such User Post without prior notice, such as deleting, blocking or redacting the User Post in question. The Company may permanently delete or restore such User Post upon settlement with the Member who generated the User Post or in accordance with applicable laws and regulations and/or the Company’s policy.
- A Member whose valid legal interests were infringed upon or impaired by an User Post published within the Service may request that such User Post be suspended or deleted to the Customer Service Center by following the procedure stipulated in the applicable laws and regulations, such as the Act on Promotion of Information and Communications Network Utilization and Information Protection and Copyright Act. In such cases, the Company shall take the necessary measures without delay and notify the Member of the results.
- The Company may convert a Member’s account to “dormant” status and maintain and protect his/her personal information separately, as well as restricting the use of the Service by such Member, if the Member has not logged in to use the Service for more than one (1) year.
Chapter 4: Withdrawal of Subscription, Termination of Contract and Usage Restrictions
Article 13 (Withdrawal of Subscription or Termination of Contract by Members)
- If a Member has purchased a Paid Service, he/she may submit a request for withdrawal of subscription to the Company within seven (7) days of the date of purchase or the date from when the Member could start using the particular Paid Service at no additional fee or charge. However, in situations where the Company did not provide the Paid Service or did not provide it differently from what was previously agreed between the Company and the Member, the Company may withdraw his/her subscription for the use of the Service within three (3) months of the date of purchase or within thirty (30) days of the date on which the Member became or could have become aware of such fact.
- A Member’s right to withdraw his/her subscription may be restricted due to the Act on Promotion of Information and Communications Network Utilization and Information Protection and the Content Industry Promotion Act in the following situations: a) more than seven (7) days have passed since the date of purchase; b) the Member has already used the Paid Service; or c) value of the product has been reduced significantly. In such cases, the Company shall take the measures provided for in the applicable laws and regulations, such as notifying Members in advance of such fact at the time of purchase for the particular Paid Service.
- Withdrawal of subscription pursuant to Paragraph 2 above may be restricted if it falls under any of the following:
- Provision of “Digital Content” as defined in Article 2, Paragraph 5 of the Framework Act on the Promotion of Cultural Industries has already commenced, provided, however, that for contracts consisting of divisible Digital Contents, withdrawal shall be restricted only for the part for which the provision has already commenced.
- The product has been destroyed or damaged due to a cause attributable to the Member, excluding situations such as when the Member merely damaged the packaging in order to check the contents of the product.
- Value of the product has been reduced significantly due to the Member’s use or partial consumption.
- Value of the product has been reduced significantly due to passage of time to the point resale would be impracticable.
- Packaging for a product that is capable of being reproduced has been damaged by the Member.
- When allowing withdrawal would cause irreparable harm to the Company because the product was made for an individual order by a Member and the Company has notified and obtained written consent (including electronically) from the Member in advance.
- If a Member requests that a defect within the Service be corrected or fixed, but the Company either does not correct or fix or is incapable of correcting or fixing such defect, the Member may notify the Company of termination of his/her Service Use Agreement one (1) month following the date of his/her request to correct or fix the defect.
Article 14 (Effect of Subscription Withdrawal or Contract Termination)
- The Company shall issue a refund in the same method of payment used by the Member within three (3) business days of receiving the Member’s expression of intent to withdraw subscription or terminate the contract. If it is impossible to issue the refund in the same method of payment used by the Member, the Company shall immediately notify the Member and issue the refund in the method selected by the Member.
- The following persons shall be jointly liable for the performance of refund obligations for the price of the Contents due to withdrawal of subscription, in the event they are not the same person:
- The Company
- The person who received the payment for the Paid Service from the Member
- The person who entered into the Service Use Agreement with the Member
- The Company shall take the necessary measures in accordance with the Act on the Consumer Protection in Electronic Commerce, such as suspension or cancellation of payment with the payment service provider or the app market.
- If a Member violates any laws or regulations or the Terms or otherwise causes damages or disrupts the normal operation of the Service with intentional or negligent conduct, the Company may terminate the Service Use Agreement after making a final demand that such Member either remedy such act immediately (in instances where the Company suffered significant damages or the Service was greatly disrupted) or within a specified period of time, and if such termination gives rise to an obligation for refund, the Company may deduct the value of the benefit received from the Paid Service by the Member and the refund fee (the greater of 1,000 Korean Won or 10% of the amount to be refunded) from the amount of refund.
Article 15 (Usage Restrictions)
- If a Member violates any of his/her obligations under the Terms or disrupts the normal operation of the Service, the Company may place service usage restriction (including unilateral cancellation of membership and suspension of usage rights) after notifying the Member in advance. The Company may take measures such as deleting any posts (writing, photos, videos, etc.) by the Member whose usage is restricted by the Company, and the Member shall be solely liable for any liability arising in connection with such measures.
- Notwithstanding Paragraph 1 above, the Company may place usage restrictions before notifying the Member of such fact in the event the Member violates any existing laws and regulations or materially breaches the provisions of the Terms.
Article 16 (Compensation for Damages)
- If a Member causes damages to the Company by violating his/her obligations under the Terms or any existing laws and regulations, such Member shall compensate the Company for all losses and damages arising out of the violation.
- If a claim or a lawsuit is brought against the Company by a third party due to an illegal conduct or violation of the Terms by a Member in the course of using the Service, such Member shall indemnify and hold harmless the Company at his/her own expense, and if the Company was not indemnified and held harmless from such lawsuit or claim, the Member shall compensate the Company for any and all losses suffered by the Company in connection therewith.
- The Company shall have no liability whatsoever for losses suffered by Members in connection with any services provided for free by the Company, except for losses caused by the Company’s intentional or grossly negligent conduct.
Chapter 5: Miscellaneous
Article 17 (Liability Exemptions for the Company)
- The Company shall be exempt from any liability or obligation to the Members in the event the Company is unable to provide the Service due to causes beyond the Company’s control, such as failure of the network necessary for the provision of the Service, natural disasters, state of national emergency, power outage, and serious epidemics such as COVID-19.
- The Company shall not be liable for service usage restriction, deletion of posts or service failure caused by reasons attributable to a Member.
- The Company shall not be liable for any issues caused by Members’ network or device (mobile, PC, etc.) usage settings without any intentional act or fault of the Company.
- The Company is not responsible for the reliability and accuracy of the information and data relating to the Service posted by Members.
- The Company shall not be liable for any disadvantages resulting from Members changing their personal and account information.
- The Company shall have no liability whatsoever for any transactions entered into between Members or between a Member and a third party using the Service as the medium.
Article 19 (Mediation)
- In the event of a dispute between the Company and a Member regarding the use of the Service, the Company and the Member shall negotiate in good faith to resolve such dispute.
- Notwithstanding Paragraph 1 above, the Member may submit it to the Content Dispute Resolution Committee for mediation pursuant to Article 30, Paragraph 1 of the Content Industry Promotion Act if the Company and the Member are unable to resolve such dispute.
Article 20 (Governing Law and Jurisdiction)
- If the Company and the Member fail to resolve the dispute in accordance with Article 19, either party may file a lawsuit, and the laws of the Republic of Korea shall govern any such lawsuit.
- Jurisdiction for disputes between the Company and a Member shall be determined in accordance with the Civil Procedure Act.
Date Posted: October 31, 2022
Effective Date: October 31, 2022
Melon Terms and Conditions
Effective Date: September 1, 2021
Chapter 1. General Provisions
Article 1. (Purpose)
The purpose of the Terms and Conditions (the “T&Cs”) is to set forth basic matters, such as the rights, obligations, responsibilities, terms of service, and procedures of the Company and Users in using Melon services (the “Services”) and all Melon-related services, which are internet music services, both wired and wireless, provided by Kakao Entertainment Corporation (the “Company”).
Article 2. (Effects and Revision of Terms and Conditions)
- The T&Cs are applicable to all members who intend to use the Services in the Republic of Korea. In case the Services are offered in other countries through execution of an agreement between the Company and a right holder overseas, the T&Cs shall become applicable to all members who intend to use the Services in the country where such right holder is located.
- The T&Cs become effective when members subscribe to the Services by agreeing to the T&Cs, of which members are notified through the Services screen or by other means. Before members agree to the T&Cs, the Company shall ask members to accept the T&Cs using a link to the T&Cs page or a pop-up window for members to easily understand the T&Cs and make transactions without any misunderstanding.
- If the Company deems it necessary, it may revise the T&Cs to the extent that it does not violate any applicable laws and regulations, including the Act on the Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Content Industry Promotion Act, and the Act on the Consumer Protection in Electronic Commerce. In the event the Company revises the T&Cs, it shall announce the effective date and the reason for the modifications on the website for the Services 15 days before the revised T&Cs become effective. For revisions that are unfavorable to members, the Company shall announce the revisions in an understandable manner 30 days before the revised T&Cs become effective and shall provide an individual notification to each member by email or a text message. If the Company cannot send individual notifications to members, or if notifications sent by email or text message are returned more than twice because members did not provide their contract information or have changed their contact information, individual notification shall be deemed to have been made under and in accordance with the T&Cs.
- If members do not explicitly object to the revised T&Cs even after the Company has announced or notified members that members will be deemed as having agreed to the revised T&Cs if they do not explicitly object to the revised T&Cs by the effective date of the modified T&Cs after the Company has announced or notified members of the revised T&Cs according to Section 3, the Company shall deem the members as having agreed to the modified T&Cs.
- Members who have explicitly objected to the modified T&Cs, the members may choose to terminate their contract or withdraw their membership. The Company follows pertinent articles under the Melon Paid Services Terms and Conditions for effects of termination for individual tickets.
- The Company shall take all technical measures necessary to allow members to print and review the entire T&Cs.
- In principle, the T&Cs apply to members from the day he/she agrees to the T&Cs until he/she withdraws his/her membership. However, some Sections of the T&Cs may survive and remain in effect even after withdrawal of membership.
Article 3 (Rules other than the T&C)
Matters not specified in the T&Cs shall be handled according to regulations under related laws such as the Content Industry Promotion Act, the Act on the Consumer Protection in Electronic Commerce, the Copyright Act, and general business practices.
Article 4 (Definition)
- Below are definitions of key terms used in the T&Cs.
- “Member” refers to all customers who have accessed the website for the Services and either agreed to the T&Cs or signed the Services Agreement through any process requested by the Company to use the Services.
- “ID” refers to a combination of English letters and numbers that the Member chooses, and the Company approves, to identify a Member and to allow the Member to use the Services.
- “Password” refers to a combination of letters and numbers that the Member sets to protect his/her information.
- “Nickname” refers to a unique name a Member designates to use in addition to his/her ID.
- “Administrator” refers to the person appointed by the Company to manage and facilitate the use of the overall Services.
- “Suspension of Services” refers to a temporary service suspension for a certain period of time set forth by the Company during normal usage of Services.
- “SMS Verification” refers to membership verification by sending a Members a text message to his/her cellular phone and having the Members input the number he/she received on the website.
- Definitions of terms not included in this Section 1 of the T&Cs follow the definitions specified in the relevant laws and regulations and service guides.
Chapter 2. Services Agreement
Article 5 (Conclusion of the Services Agreement)
- The T&Cs deem a Member as having agreed to the T&Cs if the Member who intends to use the Services clicks the “I Agree” button in the sign up process.
- The Services Agreement is concluded when the Company approves the application submitted by a customer pursuant to Article 6 of the T&Cs.
- Members shall fully understand notifications provided by the Company on paid Services as below, prior to concluding the Services Agreement, and make sure to make transactions without any misunderstanding.
- Content of the Services, (hereinafter in the case of paid Services) the price, the period, how to access the Services and what devices may be used for the Services, details of each ticket (audio file type), subscription withdrawal and cancellation requirements and how to withdraw or cancel your subscription, the refund policy and paid Service options.
- (As for paid Services) Users shall choose the payment option for the paid Services they selected and fill in payment details as required for the payment option they chose.
Article 6. (Sign up)
- Users may sign up by filling in the following information on the signup screen of the Services.
- Date of birth
- The country where the Services are accessed from
- Other information the Company deems necessary
Article 7 (User Signup Approval)
- The Company shall approve the signup request by customers who have provided accurate data for information stipulated in Article 6 and completed the verification process designated by the Company, such as email or SMS Verification.
- Execution of the Services Agreement occurs when the Company’s approval is delivered to the Member (as for paid Services, when the ‘Purchase complete’ or ‘Payment completed’ screen notification appears).
Article 8 (Signup Restrictions)
- The Company may restrict new signups by delaying approval of them for a set period of time if they fall under any of the following cases or may claim compensation for damages depending on the severity of the case.
- When the Company is unable to provide the Services due to business or technical reasons.
- When the Company is unable to approve new signups due to reasons attributable to the user, such as when the user omits required data, misspells a word, or attaches false documentation.
- Users who sign up for the purpose of threatening the social order or corrupting public morality.
- Users who are under 14 years of age without consent from their legal guardian (e.g. parents).
- Users who have previously lost their membership pursuant to Article 25. This shall not apply to users whose signup requests are approved at least one after they lost their membership.
- Users who, without just cause, fail to pay their bills after using the Services due to, among other things, arbitrary cancellation, suspension, and unavailability of the payment method they had previously selected.
- Users who access the Services while residing or staying in countries where the Company does not have an operating license or is not authorized to use the copyrights.
- Users who have previously lost their membership because they have interrupted the provision of the Services by engaging in any crime or by abusing the Services for wrongful purposes by repeatedly joining and withdrawing from paid membership during a certain period of time.
- Users who do not meet the other conditions set forth by the Company.
- When the Company finds reasons that fall under any item of Section 1 after it has approved a signup request, it may cancel or suspend the Services Agreement concluded under the T&Cs.
- Service use may be restricted due to a Member’s qualifications or age.
- Members under the age of 19 (hereinafter with the exception of Members who will be turning 19 in the same year) may not access potentially harmful content for children or teenagers as defined by the Act on Promotion of Information and Communications Network Utilization and Information Protection and the Youth Protection Act.
- A member must be at least 19 years old to access potentially harmful content for children or teenagers and have his/her identity and age verified using the real name authentication pursuant to the Act on Promotion of Information and Communications Network Utilization and Information Protection and the Youth Protection Act. He/she cannot access the Services without obtaining the verification.
Article 9. (Special Provision for Signing Up as a Minor)
- “Users” under 14 years of age must fully understand the purpose of collecting and using personal data and get consent from their parents or legal guardian before signing up and providing their personal data.
- The Company may cancel or reject the signup request by users under 14 years of age who fail to get consent from their parents or legal guardian.
- The legal guardian of “Users” under 14 years of age, including their parents, may request the Company to provide, revise, and update the personal information of the minor, or may withdraw their consent for the signup request, in which case the “Company” must take necessary measures without delay.
Article 10. (Changing the Account Information)
Members must revise their account information according to the format and the method set by the Company in case the account details that they provided in the signup form have changed.
Chapter 3. Use of the Services
Article 11 (Provision of Services)
- The Company shall begin providing the Services from the moment it accepts the signup request from a Member. However, some Services start at a later designated date and paid Services begin after the payment is completed through the method designated by the Company.
- In the event of failure to provide the Services due to business or technical problems, the Company shall make an announcement of such fact on the website or send individual notifications to Members.
Article 12. (Service Period)
- In principle, the Services shall be available 24 hours a day, 7 days a week unless it is interrupted due to business or technical issues. The Services may be temporarily suspended during the time the Company has designated for the purpose of business operations. In such case, the Company shall provide announcement of the temporary suspension and the suspension period in advance. In urgent or unavoidable circumstances that prevent the Company from making such announcement in advance, the Company shall provide announcement of the matter immediately thereafter.
- The Company may divide the Services into parts and set separate Service times for each part of the Services, which shall be announced in advance.
Article 13. (Change and Suspension of Services)
- The Company may modify the Services due to significant business and technical reasons as necessary. In such cases, the Company shall notify the Members of the details of the modification to the Services and the date the modification will become effective using the means specified in Section 3 of Article 2. As for changes that are critical or unfavorable to the Members, the Company shall notify the changes to the Members using the means specified in the T&Cs or the Melon Paid Services T&Cs and get their consent.
- The Company may restrict or suspend the Services entirely or partially in the following cases:
- In unavoidable circumstances due to repair or construction of service equipment.
- When a Member interrupts normal operations of the Company or provision of Services by intentionally joining and withdrawing from particular Services repeatedly within a specific period of time.
- Service disruptions due to power outage, equipment failure, or server congestion from heavy traffic.
- When the Services cannot be maintained due to various operational reasons, such as termination of a contract with the service provider.
- Force majeure or any cause beyond the Company’s reasonable control, including suspension of the Services caused by natural catastrophes, a national emergency, and administrative actions such as administrative and judicial measures by a national institution, including the Korea Communications Commissions (KCC) and the Korea Internet & Security Agency (KISA), a governmental agency, an investigative authorities, and the court.
- In the event of suspension of the Services due to reasons specified in Section 2, the Company shall provide announcement using the means provided in Section 3 of Article 2, provided, however, that, the Company may notify users later if it is difficult, or there are urgent or unavoidable circumstances that prevents the Company from providing announcement in advance.
- The Company may revise, suspend, or change the entire of a part of free-of-charge Services as needed according to the Company policy or operational necessities, and the Company will not compensate the Members for such changes.
- The Company applies Article 19 of the Melon Paid Services T&Cs when it comes to the suspension or termination of paid Services.
Article 14. (Member’s Obligations and Responsibilities with Regard to Email Services)
- The Company may offer email Services for each site to the Members. The Company does not edit or monitor Member emails, and the Members assume responsibility for the content of their emails.
- Members shall not send emails containing obscene or disturbing content, junk mail, spam, chain letters, multi-level marketing (MLM) business recommendations, harmful messages or anything that corrupts public morality.
- Members shall assume full responsibility for consequences caused by violating Section 2 of this Article, in which case the Company may provide the liable Member’s personal data, including the ID and password to the investigative authorities according to the procedure set by pertinent law.
Article 15. (Provision of Information and Posting Advertisements)
- The Company may display various information and advertisements on the screen or provide such information to the Members via email, mail, or text messages while operating the Services.
- With regard to Section 1, the Members may declined to receive messages, such as email, other than those containing transaction information and responses to their inquiries pursuant to applicable laws, and the Company shall explain how to opt out of receiving messages. The Company, however, shall get prior consent of the Members when sending materials, such as advertisements, via phone or fax, other than those containing transaction information and responses to their inquiries, which are exempt from obtaining informed consent pursuant to applicable laws.
- Communicating or engaging in transactions by clicking the advertisements displayed on the screen or by participating in the promotional activity of the advertiser is entirely between the Member and the advertiser. In the event of a conflict between a Member and an advertiser, the Member and the advertiser shall handle the conflict directly, and the Company shall not take any responsibility for the conflict.
Article 16. (Removing Posts or Content)
- The Company may remove the content a Member has posted or shared on the Services (including content shared between Members) without prior notice, if it is deemed that it falls under the following cases, and the Company shall not take any responsibility regarding the removal of the Member content.
- The content damages the reputation of the Company, another Member, or a third party by making false claims.
- The post is deemed to be a distribution of information, words, or symbols that threaten the social order or corrupt public morality.
- The content is recognized as being related to a criminal act.
- The content violates the rights of the Company or a third party including copyrights.
- The content was posted for a period of time that exceeds the time stipulated by the Company according to detailed guidelines of Section 2.
- The content is irrelevant to the Services.
- The content is an advertisement or promotional content that has not been approved.
- The content is determined to be in violation of other related laws or the Company policy.
- The Company may prepare and implement a separate detailed guidelines for posts, and the Memberss shall upload or remove posts (including content shared between Members) accordingly.
Article 17 (Copyrights for Member-Generated Content)
- Members own the copyrights to the content they post on the Services (including content shared between Members), and the Company has the right to display such content on the Services.
- The Company cannot use the content for other purposes without the consent of the Member who generated the content.
- The Company does not assume any civil or criminal liability even if the content posted by a Member on the Services violates the copyright of another person or a software. In the event the Company is challenged by a third party claiming compensation for damages or losses caused by violation of copyrights of an individual or software by a Member, the Member shall use his or her best efforts to indemnify and hold harmless the Company from liability. If, however, the Company is not exempt from liability, the Member shall be responsible for any damages sustained by the Company.
- The Company may remove content generated by a Member in the event the Member terminates the Services Agreement or in case the Services Agreement is terminated due to legitimate reasons. In the event a Member’s post includes content that breaches pertinent laws, such as the Act on Promotion of Information and Communications Network Utilization and Information Protection and the Copyright Act, the rights holder may request the Company to suspend posting of or remove the content on the basis of the process set forth by related laws, while the Company shall take due measures provided in applicable laws.
- If Member-generated content is deemed to have violated the rights of any third party, including invasion of privacy and defamation, the Company may temporarily disable access to or remove the content on the basis of applicable laws at its own discretion without any request to do so.
- Copyrights and other rights to the works and other content generated by the Company belong to the Company.
- Members shall not use the content posted on the Services for commercial purposes, such as processing and selling of information obtained from using the Services, nor they shall allow any third party to do so. Copyright infringement involving Member-generated content is subject to pertinent laws.
Article 18. (Melon Paid Services T&Cs)
There may be separate T&Cs, including the Melon Paid Services T&Cs and the Melon Player T&Cs when using the Services provided. Separate T&Cs may be made as new paid Services are added. In the event of any conflict between the T&Cs and the Melon Paid Services T&Cs, the terms of the Melon Paid Services T&Cs shall prevail.
Chapter 4. The Parties Obligations
Article 19. (Obligations of the Company)
- The Company shall not disclose or distribute a Member’s personal data that has been collected in the process of service provision to a third party without the consent of the Member. This, however, does not apply when a request is made of the Company by an investigative authority for the purpose of investigation or by the Korea Communications Standards Commission (KCSC) according to relevant laws.
- The Company may develop statistical data on the personal data of all or some Members without the prior consent of the Members in relation to its business and may send cookies to the Members’ computers to that end. In this case, Members may refuse to receive cookies or change the settings of the computer browser to warn them about cookies sent. Members are responsible for any changes to the Services due to revision of the cookie settings.
- In the event the Company receives complaints from Members regarding Services, the Company shall handle them quickly. If the Company cannot handle complaints quickly, the Company shall announce the reason for the delay and the processing schedule on the Services screen or notify the Member via email or other means.
- The Company shall provide compensation for any damages or loss sustained by Members due to violation of the obligations specified in the T&Cs.
- The Company complies with laws and regulations related to operation and maintenance of the Services, including the Act on Promotion of Information and Communications Network Utilization and Information Protection and the Protection of Communications Secrets Act.
Article 20. (Obligations of Members)
- Members shall not commit any of the following acts when using the Services:
- Providing false information when signing up for the Services or making any changes thereto, or engaging in illegal or unauthorized use of another person’s ID and password.
- Copying or distributing information acquired from the Company’s service information without the prior consent of the Company or using such information for commercial purposes.
- Playing audio files downloaded from the Services or streamed audio files in public spaces, business premises, or stores for profit, other than for personal use.
- Any act that damages the reputation of or causes harm to any third party.
- Posting of obscene materials or links to obscene websites on the Company’s online bulletin board.
- Any infringement of other rights, such as copyrights of the Company or any third party (including infringement of copyrights of any third party in Korea or abroad by, for example, accessing the Melon website using means and methods intended to deceive the Company, even after the Company has taken technical measures to prevent such act, such as blocking IP addresses to prevent infringement of copyrights of others).
- Distributing information, words, symbols, or voice files that threaten the social order or corrupt public morality.
- Uploading or distributing materials infected with a computer virus that cause equipment malfunction related to the Services, or destruction or confusion of data.
- Sending information intended to hamper the operation of the Services or interfere with stable operation of the Services, or promotional messages or (illegal) spam against the recipient’s explicit refusal to receive such information.
- Acting as an impostor for another person or making false representations about relationship with others.
- Collecting, storing, and disclosing personal data of other Members.
- Distributing false information for personal financial gain or the financial gain of others, or to cause damage to others.
- Gambling or similar speculative activities involving money.
- Soliciting customers for prostitution or distributing information that encourage lewd and obscene behavior.
- Interfering with another person’s daily life by repeatedly sending texts, sounds or video clips that cause shame, disgust, or fear.
- Changing the information posted on the Services.
- Sending or posting information (including computer programs) that are prohibited from being sent or posted by law.
- Impersonating a Company employee or the administrator, or illegally using someone else’s name to write posts or send emails.
- Uploading posts or sending emails containing software virus developed for the purpose of disrupting or damaging the normal operation of computer software, hardware, and telecommunications equipment; other computer codes, files, and programs.
- Harassment of other Members including stalking.
- Abusing the Company Services, including repeatedly joining and withdrawing from membership 2 or more times within a single month.
- Any other illegal or wrongful acts.
- When using the paid Services offered by the Company, Members shall comply with all relevant laws, applicable T&Cs, detailed guidelines, the service user guide, announcements posted on the website, and notifications sent by the Company regarding the use of Services, among others. Members shall also comply with relevant laws, the T&Cs, the user guide, announcements posted on the Services, and notifications sent by the Company, and Members shall not engage in any activities that interfere with the Company’s business.
- Members shall not sell paid Services or engage in other commercial activities using the Services, except in situations officially recognized by the Company. In addition, Members shall not hack, advertise, or promote obscene websites or engage in commercial activities through the Services, nor distribute commercial software illegally. The Company shall not be liable for any breach of this obligation by a Member, and the violating Member shall compensate for any damages or loss sustained by the Company due to such acts. In the event the Company discovers such cases, the Company may take legal actions, such as reporting the case to an administrative or investigative authority.
- In the event that the Members provide their personal data for the purpose of using the Services, they must provide complete information that is accurate and up to date (information provided according to this Section is hereinafter referred to as the “Registration Data”).
- In the event of any changes to the Registration Data, the Members shall update them immediately. If the Registration Data or updated Registration Data provided by the Members are not accurate, or if other Members commit acts specified in Section 1 of this Article, the Company may terminate the Services Agreement, or limit or suspend the use of the Services by such Members pursuant to Article 25 of the T&Cs.
Article 21. (Member’s Obligations with Regard to His/Her ID and Password)
- Members must thoroughly manage their ID and password, as the Company may charge them fees when applying for some Services within the website.
- Members are liable for any consequences that result from negligence in managing their ID and password. The Company shall take responsibility for problems arising from reasons attributable to the Company, such as system failure.
- Members shall not allow any third party to use their ID and password, and if a Member discovers that his/her ID and password have been stolen or used by a third party, he/she must immediately notify the Company and follow the Company’s instructions, if any.
- Regarding Section 3, the Company is not responsible for any negative consequences resulting from not notifying the Company about a stolen ID, or not following the Company’s instructions.
- Members cannot change their ID without prior consent from the Company.
Article 22. (Notice to Members)
- When sending notifications to Members, the Company may use the email address issued by the Company, the email address provided by the Member, or a text message.
- If the Company cannot send individual notification to the Members, or notifications sent by email or text messages are returned more than twice because the Members did not provide their contract information or have changed their contact information, the Company may post an announcement on the website’s bulletin board for more than 7 days in lieu of the individual notification.
Article 23. (Protecting Users’ Personal Information)
Article 24. (Collection, Provision and Handling of Personal Data)
Chapter 5. Termination of the Agreement and Restricted Use
Article 25. (Termination of the Agreement and Restricted Use)
- In the event a Member has not fulfilled his/her obligations provided in Article 20 or if the Company discovers reasons for placing sign-up restrictions under Article 8, the Company may take measures such restriction of Services, loss of membership, and termination of the agreement. If the Company decides to take such measures, the Company shall provide the Member with an opportunity to explain for a period of at least 15 days. If the Member successfully proves that such action was not intentional or he/she is not at fault, the Company shall extend the service period to the extent that matches the period during which the Company had suspended the Services to the Member.
- The Company may restrict access to the Services for Members according to the Member’s qualification even after the Member is already provided with an ID and a password after concluding the Services Agreement.
- The Company may terminate the Services Agreement it has concluded with a Member who has not accessed the Services for 6 months after signing up when the Member does not reply to an inquiry about the intention to use the Services for the period of time the Company determines. The Company shall dispose of or separately store personal data of a Member who does not have a record of using the Services for the period stipulated by laws, after notification via the member’s email. In the event the Member continues to not use or access the Services, the Company may terminate the Services Agreement without an additional notice depending on the time elapsed since his/her personal data or transaction data was stored.
- With regard to the Company measures described in Sections 2 and 3 of this Article, a Member may file an objection in accordance with the process set by the Company.
- If the Company deems the objection filed under Section 5 of this Article is justifiable, the Company shall resume the Services immediately.
Article 26. (Prohibition of Membership Transfer)
Members shall not transfer or give to others their right to access the Services or other status granted under the Services Agreement, and Members have the right to and responsibility for the content they generate, including copyrights.
Chapter 6. Compensation
Article 27. (Compensation)
- In the event a Member suffers any damage from willful misconduct or gross negligence of the Company, the Company shall only provide compensation for actual damages suffered by the Member.
- In the event the Company is challenged by a third party, including claims for damages or losses and lawsuits, due to a Member’s illegal acts or violation of the T&Cs during his/her use of the Services, such Member shall indemnify and hold harmless the Company from any and all such liability at his/her expense. If, however, the Company is not exempt from liability, the Member shall compensate the Company for all damages sustained by the Company.
Article 28. (Exemption)
- The Company is exempt from liability for failure to provide the Services in the event it cannot provide the Services due to natural catastrophes or an equivalent force majeure event.
- The Company shall not be responsible for any service failure attributable to the Members.
- The Company shall not be responsible for any loss of profit expected by the Member from using the Services, nor for losses incurred by the Member from using or relying on any material obtained from using the Services. The Company shall not be responsible for reliability and accuracy of any information, data, and facts posted by the Members on the website.
- The Company shall not be obliged to intervene in disputes that take place while using the Services between Members or between a Member and a third party, nor the Company shall be responsible for compensating for any damages or losses incurred due to such dispute.
Article 29. (Jurisdiction)
- In relation to any disputes between the Company and a Member with regard to the Services, the Company and the Member shall use their best efforts to resolve the dispute via negotiation in good faith. If the parties fail to resolve such dispute, the parties may submit it to the Content Dispute Resolution Committee (CDRC) for mediation pursuant to the Content Industry Promotion Act.
- If the parties fail to resolve the dispute via negotiation according to Section 1 of this Article, the parties may file a lawsuit. The jurisdiction of the lawsuit between the Company and a Member is determined based on the address of the Member at the time of the litigation. If the Member does not have an address, the district court having jurisdiction over the Member’s place of residence shall have the exclusive jurisdiction.
- If the address or residence of the Member are both unclear at the time of the lawsuit, the court of jurisdiction shall be determined according to the Civil Procedure Act.
- (Effective Date) The T&Cs shall become effective as of September 1, 2021