These terms and conditions of use (the “Agreement”) is to prescribe the rights, obligations, responsibilities, and other necessary matters between SM Entertainment (Company) and users (or members) in the users’ (or the members’) use of Company-operated FanBook and related services. Each user hereby acknowledges that he/she has read and understood this Agreement and agree to be bound the terms and conditions hereof.
- ①This Agreement shall be effective by notifying members through notification on the service screen, e-mail or other methods after completing the disclosure procedures pursuant to the Electric Communication Business Act and its enforcement rules.
- ②Company may change this agreement, and the changed agreement shall be valid by announcing or notifying the changes via methods as stated above under Article 2, clause 1.
- ③User’s membership means that the user subscribes to the services provided by the Company with an agreement to the terms and conditions of the service, and Company may change the terms and conditions of the service in whole or in part at any time. Please keep in mind that objections will not be allowed based on any claims on lack of prompt replies or notification.
With regards to all matters not set forth in this Agreement and the interpretation of this Agreement, applicable laws including the Act on Consumer Protection in Electronic Commerce, Act on Regulation of Agreements, and the Act on Promoting Information Communication Networks and Information Protection will apply.
Throughout this Agreement, the words defined below shall have their respective meanings set forth below.
- ①Service : All FanBook and FanBook related services that members are able to use regardless of the devices (including PC, TV, mobile phone, and other wired and wireless devices).
- ②User: Both members and non-members using the Service by connecting to the Service that Company provides according to this Agreement.
③Member: Person with membership for Service by providing personal information to the Company’s Service, who continuously receives Service information, and can continuously use the Service. Non-members are persons who use Service provided by Company without joining the membership.
④Nickname: Combination of letters and numbers decided by Members and approved by Company to identify the Member and to use the Service.
⑤Password: Combination of letters and numbers set by each Member to confirm that the Member is the owner of the Nickname and to protect Member’s information.
⑥Posts: Texts, photos, videos, files and links in the form of symbols, letters, audio, images, webcams, and videos posted by the Member on the Service.
⑦SM Contents Posts: Posts in which the likeness, name, trademark, copyrighted works (including derivative works thereof) of Company or any of the artists of Company (if only a part of the Post uses the foregoing listed matters, then such part of the Post).
⑧Ancillary Business: Ancillary profit/non-profit businesses (goods/merchandizing business and etc.) using Posts for purposes other than sharing the Posts within the Service and promoting or managing the Service.
- ①Membership Application: Membership application is made by completing the application form in the app or website serviced by the Company, and by consenting to the terms and conditions of use.
②In the event that an applicant properly completes the process set forth in Article 5, clause 1 above, Company will approve application of membership. However, Company may postpone the approval of applications under any of the following circumstances.
- 1.When there are technical difficulties
- 2.When there are malfunctions in the service
- 3.Any other circumstances equivalent to any of the foregoing two circumstances that hinders approval of application
- ③Upon finding of any of the following grounds, Company may not approve or cancel any prior approval of applications.
- 1.If a false name or the name of another person is used in the application
- 2.If false information is submitted in the application
- 3.If application was made for the purposes of harming the well-being, order, or the established customs and morals of the society
- 4.If the application fails to meet the requirements set by Company
- 5.If the applicant has previously had his/her membership eligibility cancelled in the past in accordance with the Agreement; provided, however, exceptions will be made for those applicants whose prior loss of eligibility occurred more than one (1) year ago and whose re-application is approved by Company.
- ①Company shall not engage in behavior prohibited by law and this Agreement, or that is against the established customs and morals of the society, and shall do its best to provide continuous and stable Service.
- ②Company shall not leak or distribute personal information of Members that Company acquired in relation to providing Service to third persons (including other members, same hereinafter) without the consent of the Member. However, when there are requests by governmental bodies pursuant to applicable laws such as the Electronic Communication Basic Act, Company may provide the data to the extent permitted by applicable law in accordance with the procedure set by the applicable law.
③Company shall be equipped with security system to protect the personal information (including credit information) in order for the Users to safely use internet services, and shall notify the Company policy on handling the personal information of the Users and shall comply with such policy.
④When a Member expresses an opinion or a complaint relating to Service and Company believes such opinion or complaint to be valid, Company shall process such opinion or complaint. Company shall notify such Member of how the opinion or complaint is being handled and the results of such handling by using the bulletin board on the website or via e-mail.
- ①Member shall be responsible/accountable for protecting one’s Nickname and Password. Company shall not be held liable in the event that personal information is disclosed due to negligence in protecting Nickname and Password and/or by creating Nickname which may lead to disclosure of personal information, or that others make illegal use of the Nickname.
- ②Company may restrict the use of such Nickname in the event that the Nickname of the Member Nickname is anti-social, not in accordance with the established customs and morals of the society, or may be misidentified with that of other users by the Company or Company administrators.
- ③In the event that a Member becomes aware that one’s Nickname and Password were stolen or is being used by a third party, the Member should notify the Company immediately and follow the instructions of the Company. Company shall have no liability to any Member who failed to so report to Company or, even after properly reporting, failed thereafter to follow the instructions of Company.
- ①Member can view and edit one’s personal information at any time. However, for Service management purpose, changes to e-mail (address) information will be restricted.
- ②In the event that any of the information entered when applying for membership is later changed, Members shall edit such changes via online. Company shall not be held liable for any disadvantages occurred for failing to reflect such changes.
- ①Members shall comply with relevant laws, the terms and conditions of use as set forth in this Agreement, various instructions and notices notified by the Company, and shall not engage in actions that impede the business of the Company.
- ②Members cannot use Service for any profit-seeking activity without the consent of the Company.
- ③Members cannot use information acquired through the Service by copying, reproduction, modification, translation, publication, broadcasting, or any other ways or provide such information to others without prior consent of the Company.
④Members shall not engage in any of the following actions in any connection with Member’s use of the Service.
- 1.Use of other members’ ID(e-mail)
- 2.Engaging in any conduct for a criminal purpose or any other conduct relating to a crime
- 3.An act of harming established customs and morals of the society and other social order
- 4.Disclosing or posting lewd or violent messages, images, audio, or other information that goes against public order and good morals
- 5.Defaming reputation or impeding operation of the Company or a third party (including other management agencies and their artists)
- 6.Violating intellectual property rights such as copyrights etc. of the Company or a third party (including other management agencies and their artists)
- 7.Hacking or spreading computer viruses
- 8.Sending any contents including any information in the nature of advertising against the will of any person
- 9.Any conduct that actually harms or otherwise may potentially harm the safe operation of Service
- 10.An act of registering the mobile phone number of any person other than Member hem/herself in the personal information of the Member or providing Member’s mobile phone number to any other person to have such number registered in the personal information such other person.
- 11.Other actions in violation of relevant laws
- ⑤In case of breaching this Article 9, Member may be subject to sanction under applicable law in addition to restrictions applying for breaching this Article 9.
- ①In offering Service, Company may provide information and advertisements to Members by way of posting such information and advertisements on the app or website serviced by Company, and/or by e-mail to Members; provided, however, members may refuse to receive e-mails except for transaction-related information under applicable law or responding to customer inquiries.
- ②In the event that Company intends to send information stated under Article 10, clause 1 via (mobile) text message, prior approval shall be obtained from Members. However, this shall not apply for information on transactions or for responses to customer inquiries.
- ①In receiving and gathering personal information from each User, Company shall obtain approval from each such User.
- ②In principle, all handling and management of the personal information shall be performed directly by Company; provided, however, Company may, if needed, authorize a third party (“Authorized Third Party”) to perform all or a part of the task of handling and management of the personal information. Details regarding the contract with and the information being handled by such Authorized Third Party will be displayed in the “Personal Information Handling Policy” section of Company Service website.
- ③Company will make efforts to protect the personal information of Members in accordance with the Act on Information Communication Network Promotion and Information Protection and other applicable law. Relevant laws and Personal Information Handling Policy of the Company will be applied to the protection and use of personal information. However, Personal Information Handling Policy of the Company shall apply only with respect to the official website of Company and not other websites that merely linked.
Services may be temporarily suspended or permanently discontinued under any of the following (circumstances).
- ①When system maintenance is necessary due to unavoidable circumstances.
- ②When common carrier prescribed by the Electric Communication Business Act discontinues its service.
- ③When the Company cannot provide services due to similar reasons as above
In the event that posts or contents on the Service breaches Article 9, and/or that the posting period set by Company has expired, the posts or contents may be deleted without prior notification or consent.
- ①In the event that a Member wishes to terminate this Agreement, the Member may request for termination via the service app or website, and the Company shall immediately process the termination unless prescribed by relevant laws or has special circumstances (not to).
- ②When a Member terminates the Agreement, all personal information and data shall be deleted completely upon termination, unless the Company keeps member information according to relevant laws and/or Personal Information Handling Policy.
- ③Even if Member terminates the Agreement, reposts made from captured or scrapped posts by other Users, and/or posts (made) other than Company’s Service may not be deleted. However, when a Member or former member requests deletion of a post on Company’s service, it may be deleted to the extent practicable subject to relevant procedure.
- ④Even if a Member terminates the Agreement, posts under separate terms and conditions such as when submitted for contests may not be deleted.
- ⑤In the event that a Member breaches Article 9 or any other terms and conditions under this Agreement, and the Member fails to cure the breach within the required period of time, Company may terminate this Agreement.
- ⑥In the event that a Member breaches any of the obligations owed by the Member under this Agreement or hinders Service, Company may restrict such Member’s use of Service by taking escalating steps of actions, e.g., warning, suspension, and permanent discontinuance of Service with respect to such Member.
- ⑦Member shall be solely responsible for losses or illegal use by third party attributable to Member’s own negligence in managing and using member ID(e-mail) and password.
- ①Posts uploaded on the Service by Members may, for purposes of quality control and improvement of the Service, be searchable on the internet or otherwise may be displayed to the public through Service and related promotional activities, and for purposes of such display, the posts uploaded on the Service by Members may be modified, copied and edited. In doing so, Company shall comply with the provisions of the copyright law, and Member may, at any time, through the customer center or the management functionality of the Service, take actions to have Member’s posts deleted, not searchable, or private.
- ②If the Company wishes to use the posts of the Member in any way other than as set forth in Article 15, clause 1, the Company shall first obtain the consent of the Member through phone call or e-mail. Notwithstanding the preceding sentence, with respect to the posts of the Member which were chosen in contests or promotions, the Company may post such posts on the Service or use such posts for the purposes of promotional activities (including copying, transmitting, creating derivative works) for the Service on-line or off-line, and may, to the extent necessary for such purposes, modify, copy and edit such posts.
- ③In case the posts are derivative works (e.g., works created by changing or translating the original work), the rights held by the Member in the posts shall have no effect on the rights held by the author of the original work or the exercise of such rights held by such author.
- ④When the post uses likeness, names, or trademarks of the Company or the artists under the Company, and/or of any third parties (including other management companies and their artists), the rights of the member regarding such post shall not affect any rights such as copyrights, moral rights, and trademarks of the Company, Company artists, and/or third parties, or exercising thereof.
- ⑤Company shall have (all) copyrights and other intellectual property rights in regards to the copyright material created by the Company, and in the case a copyright material is created together by the Company and a third party, Company shall have the rights prescribed in the Copyright Act for the joint copyright material.
- ⑥Regarding the information which intellectual property rights belong to the Company obtained by users during usage of the service may not be used for profit through methods such as duplication, transmission, publication, distribution, and broadcasting without prior approval of Company, nor be provided for use to a third party.
- ⑦Even in the case that a User received the rights to the posts from the Member who uploaded the posts or otherwise receive the right to use such posts from such Member, such shall have no effect on the rights of the Company, Company’s artists, and/or third parties.
- ①The Member understands that the Service is for free sharing of the fanbook and other posts created by Members, understands that in cases of outstanding posts, for which much more than mere sharing is intended, such outstanding posts will be for the promotion of the artists, the creative works, the creators and further promotion of fanbook and other related contents creation, and understands that Member and Company will establish cooperative relationship with respect to the relevant contents based business and fully cooperate in order to pursue various ancillary contents-based businesses (including goods / merchandizing business), and based on the foregoing understanding, Member hereby agrees that in the event Company intends to pursue various ancillary business using Member’s posts, Member shall proactively cooperate with Company based on the foregoing cooperative relationship. Notwithstanding the foregoing, however, Company hereby acknowledges that the foregoing agreement in this Article 16, clause 1 shall not apply with respect to any rights inhering in the contents of any third party (including other entertainment management companies and/or the artists of such entertainment management companies) and if the posts make any use of the likeness, names, trademark, or copyrighted works of any third party (including derivative works thereof), no ancillary business using the posts, without first obtaining the rights clearance with such other rightsholders, may proceed.
- ②The Member and the Company shall have the right of first negotiation vis-à-vis each other with regards to ancillary business that will use the posts by Member. In case the Company wishes to engage in ancillary business involving the posts by the Member, the Company shall consult with the Member, and the Member shall, in accordance with Article 16, clause 1, cooperate with the Company and hereby gives Member’s consent to such ancillary business.
- ③Regarding posts consented to be promoted into additional businesses through negotiations with the Company, the member cannot allow the said work/post to be used for other additional businesses by a third party without a written consent of the Company.
- ①In the event that the Company cannot provide Service due to natural disasters or other forces majeure, Company shall be exempted from responsibilities to provide Service.
- ②Company shall not be held liable for difficulties in using services due to reasons attributable to the Member.
- ③Company shall not be held responsible for the accuracy, reliability, intellectual property rights, and etc. of information, data, or claims posted or transmitted on the Service or website by Members or third parties, and members should utilize such information under their own responsibility.
- ④Company shall not be responsible to intervene in disputes between Members or between a Member and a third party (including other management agencies and their artists) occurred while using the service (provided by the Company), and shall not be liable to compensate for damages incurred due to such disputes.
- ⑤Regardless of the damage suffered by Members in relation to the Service provided by the Company, Company shall be exempted and not be liable for compensation unless such damage is made intentionally by the Company or is a result of its gross negligence.
- ⑥In the event that the Company suffers damages due to breach of this agreement including Article 9 by Members, such Member shall compensate for damages occurred to the Company.
- ⑦Members shall be responsible/liable for all damages and illegal use by a third party resulting from negligence in managing ID (e-mail) and password.
- ①Company and Members shall make all necessary efforts to amicably resolve any dispute that occurs in connection with Service.
- ②The governing law for disputes between Company and members shall be the laws of the Republic of Korea.
- ③The jurisdiction for lawsuits filed in relation to disputes (occurred) between Company and members shall be subject to the Civil Procedures Act.