Article 1 Purpose
The purpose of these Terms and Conditions of Use is to set forth the rights, obligations and responsibilities of the "Company" and the "User" in using the performance, fan business, and fan community services (hereinafter referred to as the "Service") available in kpopclick.com, the web platform provided by Gini Ground Co., Ltd. (hereinafter referred to as the "Company").
Article 2 Definitions of Terms
In these Terms and Conditions of Use
① "company" means Gini Ground Co., Ltd.
② "services" means all goods and services provided to "users" on the web platforms, including kpopclick.com, a website run by the "company".
③ "user" (or "service user") means a person who uses the services provided on the platform.
④ "member" means a person who has signed up for a membership by providing personal information to the "company" and who has signed a service use agreement with the "company" pursuant to these terms and conditions.
⑤ "ID" means the email ID of a "member" approved by the "company" to serve as an identification in using the services.
⑥ "password" means a combination of English words and/or numbers determined by a member and registered in the "company" to confirm the identity of the “member” and protect his/her rights and confidentiality.
⑦ "creator" means a creator "member" who intends to sell fan business products and services via the "company" services for a fee payable to the "company".
⑧ "page" means a personal webspace assigned to each "creator" within the "company" service where a "creator" sells fan business products and communicates with fans.
⑨ "contents" means digital contents and other related information (e.g. data or information in the form of signs, letters, sounds, images, videos, etc.) uploaded or posted by a company or "member" directly on the platform via a hyperlink.
⑩ "paid service" is a "service" provided by the "company" for "members" for a fee determined in accordance with the company’s policy to be paid through the payment method provided by the “company”.
⑪ "membership" means a paid subscription product or service provided by the “company” or a "creator" that allows members to regularly purchase specific fan business products and services.
Article 3 Effects and Modifications of these Terms and Conditions
① The "Company" shall post these Terms and Conditions on the page where users sign up for a service membership to make them clearly visible and identifiable.
② The "company" modify these Terms and Conditions if deemed necessary, within the scope that does not infringe upon the relevant laws and regulations, including but not limited to "Act on Regulation of Terms and Conditions", "Contents Industry Promotion Act", "Act on Promotion of Information Network Utilization and Information Protection", "Act on Consumer Protection in Electronic Commerce" and “Act on the Regulation of Conducting Fund-Raising Business without Permission”.
③ If these Terms and Conditions are modified, the "Company" shall make it public no later than seven (7) days (or 30 days in case of a matter of great concern) prior to such modification and for a considerable period of time following the effective date of modification and shall notify the existing "members" of such modification, including a description of the modification, effective date, reasons for such modification (including a description of key changes) via email or website pop-up window. The modified Terms and Conditions shall take effect from the effective date notified in advance.
④ The "user" has the right not to agree to the modified terms and conditions and shall be deemed to have agreed to such modification unless he/she expresses his/her disagreement. A paid "member" who cancels the membership out of disagreement to the modified terms and conditions shall be subject to the refund policy of the "Company".
⑤ The matters not prescribed in these Terms and Conditions and the interpretation thereof shall be governed by the Guidelines for Consumer Protection in the Context of Electronic Commerce and the relevant statutes established by the government or general commercial practices.
Article 4 Establishment of Use Agreement
① The Use Agreement shall be established with the consent of the "user" to these Terms and Conditions and the approval of the "Company" for the application of use.
② The Use Agreement shall be valid upon disclosure, by the Company, of the completion of membership registration at the end of the application procedure.
Article 5 Application for Use and Restriction
① The "user" shall fill out the application form prepared by the "Company" with accurate personal data and indicate his/her intention to agree to these Terms and Conditions to apply for membership.
② The "Company" may suspend consent or restrict the access to some services upon receipt of the application until the reasons for such restriction are resolved if:
1. the application form is or is reasonably suspected to be filled with false information;
2. it is deemed necessary with the discretion of the "Company"
③ The "Company" may not approve the access of the services by the "member" if:
1. he/she enters an email address that already exists;
2. he/she fills out an application with someone else's personal details;
3. he/she fills out an application with false information;
4. he/she fills out an application for the purpose of disturbing social stability, order, or public morals;
5. an application fails to meet the requirements set by the "Company";
6. an application is filed in violation of the relevant rules and regulations of the "Company".
④ The "Company" may suspend the conclusion of the agreement until the reasons for such suspension are resolved if:
1. service-related capacity is insufficient
2. there are technical issues or failure
Article 6 Assignment and Modification of "user" ID
① The "user" ID is the email address of a "user". A user may change his/her email address by updating his/her personal information, or contact the Customer Care Center, send a request to the "Company" via email to firstname.lastname@example.org or its official Kakao Talk channel.
② The "member" shall take responsibility for managing the “user” ID and password and any inability to use the services or a third party’s unjust access and use of services arising from neglecting them, for which the “Company” shall not assume responsibility.
Article 7 Update of Personal Information
① A member may view and update his/her personal information at any time through profile management.
② A member shall inform the “Company” in the event of any change in personal information filled out in the application by updating it online, sending an email to the Company, or via other means. The "member" shall take responsibility for any disadvantages arising from failing to do so.
Article 8 Information Security of "Users"
① Upon completion of membership subscription, the member shall take responsibility for maintaining the confidentiality of his/her own personal information and for any consequences arising from any misuse of ID and password.
② The "Member" shall take responsibility for managing his/her ID and password and inform the "Company" if he/she discovers that his/her own ID and/or password have been used illegitimately. The "Member" shall take all responsibility arising from the failure to notify the "Company".
③ The "Company" shall not be liable for any damages or losses caused by an information theft by a third party as a "member" changes settings to automatic login (keeping logged-in status) or fails to log out properly after using the services.
Article 9 Use of Services
① The "Company" shall provide the following services to the "members".
1. purchase of paid contents (performance/VOD/ticket)
2. regular subscription to paid content (performance/VOD)
3. sales and issuance of content-related products
4. other miscellaneous services provided by the "Company" for the "members" through additional development or affiliation with third parties.
② The “member” may use the services upon acceptance by the "Company" of the application of use. In the event that the “member” use some services, he/she shall meet specific date or other requirements to get access to them.
③ The "Company shall publicly announce on the platform or notify the "members" if the members are unable to get access to the services due to business or technical issues.
④ In principle, the services shall be available 24 hours a day throughout the year. The services may temporarily be suspended for use due to business or technical issues, which shall be announced by the "Company" either in advance or afterward.
⑤ Despite the membership registration, some services may be available for specific "members" only at the request of the service provider.
⑥ The "Company" may split the scope of the service into several categories and separately assign available hours for each category. The occurrence of such cases shall be informed in advance.
Article 10 Use of Paid Services
① For a smooth implementation of the paid services provided by the "Company", the “members” who have applied for such paid services shall comply with:
1. make sure to pay the service fee in a reliable and timely manner.
2. pay the service fee immediately upon application.
② The method of payment for the paid service accepted by the "Company" includes credit card and mobile phone payment. If there is a separate payment service provider, the member shall comply with the procedure presented by such service provider before using the concerned payment method.
③ A minor under the age of 19 shall obtain the consent of his/her legal guardian before using a paid service using various payment methods, including credit card, mobile phone payment, real-time wire transfer, and payment without a bankbook. Different payment methods may assign different payment limits in accordance with the policy of the concerned service provider or the government, and the "Company" may also impose different payment limits for different payment methods.
④ The “member” may cancel a regular subscription to digital contents intended to get access to such contents provided by the “Company” or "creators" may be canceled at any time, and shall be automatically suspended from the next payment date (, which is due one month following the first payment date).
⑤ The "Company" may increase or decrease the fee for contents available for “members” via means of both regular subscriptions and one-off payments if:
1. a "Company" that does not impose VAT is incorporated and is required to impose VAT of 10%;
2. it is requested by the "creator" for a smooth operation of his/her "page"
⑥ The "Company" may decrease the fee for contents available for “members” via means of both regular subscriptions and one-off payments.
⑦ The contents of individual paid services are available as follows:
1. The one-off payment contents are unlocked and available for use immediately upon completion of payment.
2. The regular subscription membership products provide an entitlement to membership immediately upon completion of payment.
⑧ The "Company" may provide the following items entered by a "member" during the payment process to a third party ("creator") solely for the purpose of delivering products properly:
1. contact information including but not limited to KakaoTalk ID, email, and mobile phone number to which digital products are delivered;
2. delivery details, including but not limited to name, contact information, and address, to which actual products are delivered;
3. requests that are made to produce products and provide services
Article 11 Approval on Paid Services
① The "Company" may not approve or revoke approval of any application for use if:
1. required items are not entered or the user fails to follow the essential procedure;
2. the service fee is not paid in time or the payer is unidentified;
3. a minor under the age of 19 applies for the service without the consent of his/her legal guardian;
4. a user pays the service fee with a lost/stolen credit card or mobile phone or without the consent of the legitimate owner;
5. it is deemed impossible to approve due to reasons attributable to "members".
② The "Company" may restrict approval until the reasons for such restriction are resolved if:
1. the service cannot be provided properly due to insufficient equipment or capacities.
2. a service failure occurs.
Article 12 Restrictions on the Use of Services
① The "Company" may restrict the use of the services it provides, suspend or delete (withdraw) the user "ID" or legal actions such as such as claims for damages in accordance with the relevant laws and regulations if a user engages in.
1. hacking attempts or other malignant acts that pose threat to the system;
2. transferring or trading the page operating rights to a third party without prior consultations with the "creator";
3. forge/counterfeit, theft, fraudulent acquisition or use of payment methods such as credit card in making payment for products and services;
4. commercial acts, such as posting contents that are advertised to an unspecified number of viewers in donation nicknames or messages;
5. posting defamation, slander or libel of the company, other members or of third parties in donation nicknames or messages;
6. providing information that are found to be or reasonably suspected to be false;
7. provision of or regular payment for the services that falls under the category of non-registrable industry of PG or credit card service provider, for which the “Company” may delete the concerned user ID if confirmed;
8. acts infringing on a third party's copyright or other intellectual property rights;
9. provision of excessively pornographic/violent contents;
10. any other acts in violation of the relevant laws and regulations.
② In addition to the above provisions, any user’s acts in violation of these Terms and Conditions, including but not limited to the obligation of the "user" stipulated in Article 17 may be subject to arbitrary suspension. In such cases, the "Company" may block the "user" from getting access to the services.
Article 13 Attribution of Rights and Use of Literary Works
① All rights, including intellectual property rights, of the services provided by the "Company" for “members” shall belong to the "Company".
1. All rights, including intellectual property rights, of the literary works, including posts, replies, and (hereinafter referred to as "posts, etc.") made by "members" while using the services shall belong to the concerned "members" unless otherwise indicated.
② A member shall allow the "Company" to use posts, etc. posted related to the services for the following purposes at home and abroad:
1. reproduction, transmission, exhibition, and any modification to expose excellent posts within the service (including those provided within the site or media run by a third party) in the form of converting or resizing without changing the content of the post
2. reproduction, transmission, and exhibition of posts in other services provided by the "Company" unless the "member" explicitly indicates disagreement with such reproduction, transmission or exhibition
3. reporting and broadcasting of some or all of the posts to media, telecommunications service providers, etc. for the purpose of promoting the services of the "Company". In such cases, the "Company" shall not provide membership details to such media, telecommunications service providers, etc. without the prior consent of the concerned individual "members".
③ A member’s act of posting a post on the service shall be deemed to permit another "member" to use it within the service or the "Company" to use it as part of search results. A member, however, may configure the disclosure setting option to determine whether or not to disclose his/her post through the management function in the service.
④ The "Company" may change or relocate the posts in accordance with the service policy or for the purpose of integrating the services provided by the "Company", which shall be notified in advance.
Article 14 Management of Posts and Temporary Measures
① The “Company” may suspend or delete the member’s posts, etc. that include content in violation of relevant statutes at the request of the legitimate right holders or in accordance with the relevant laws and regulations.
② The “Company” may take measures on the posts that are confirmed to violate its service policies in accordance with the operation policy.
③ A member or a third party (hereinafter referred to as an applicant for deletion, etc.) who has his/her rights violated by having his/her privacy infringed upon or defamed pursuant to the Act on Promotion of Information and Communication Network Utilization and Information Protection (hereinafter referred to as the "Information and Communication Network Act") may request the "Company" to delete or to post a rebutting post by presenting the fact of infringement. In such cases, the "Company" shall temporarily block access to such posts for up to 30 days (hereinafter referred to as "temporary measures") if it is unable to determine whether such posts infringe upon rights or if a dispute is expected between the concerned parties.
④ A member whose posts, etc. have been temporarily blocked pursuant to the preceding paragraph (hereinafter referred to as “publisher”) may request the "Company" to restore the posts, etc. during the period of temporary measures, and the "Company" shall request for a deliberation of the Korea Communications Standards Commission if there is a consent of the applicant for deletion, etc. on his/her behalf and determine whether or not to restore the post based on its it discretion if there is no consent of the applicant. If there is a request for re-posting by the publisher, the Company shall comply with the decision of the Korea Communications Standards Commission or the "Company" if available within the temporary measure period, and if not within the temporary measure period, the posts, etc. shall be restored after the expiration date of temporary measures.
If there is no request for re-posting, the posts, etc. shall be deleted after the expiration of the temporary measure period.
⑤ The "Company" may take temporary measures on the posts, etc. that are deemed to infringe on the rights of a third party, including privacy infringement or defamation even without a report of a member or a third party (hereinafter referred to the “arbitrary temporary measures”). Handling any posts on which temporary measures are taken shall be in accordance with the provisions stipulated in the latter part of paragraph (3) and paragraph (4) of this Article.
⑥ If another member or a third party files a civil or criminal lawsuit (e.g., a criminal complaint, provisional disposition, or compensation for damages) against a member or a third party for their legal interests, etc. infringed upon, the "company" may temporarily restrict the access to such posts until the court's final judgment. The responsibility of explaining and justifying the legal actions and/or court's final judgment shall be borne by the person who requests for measures on posts, etc.
Article 15 Ownership Rights of the "Company"
① All intellectual property rights and other rights relating to the services provided by the "Company", including but not limited to software, images, marks, logos, designs, service names, information, and trademarks, shall belong to the "Company".
② A member shall neither modify, lend, credit, sell, distribute, produce, transfer, re-license, establish collateral rights on, nor engage in the commercial use of all or part of the rights prescribed in paragraph (1), except as expressly approved by the "Company", nor allow any third party to do so.
Article 16 Obligations of the "Company"
① The "Company" shall not engage in acts prohibited by statutes and these Terms and Conditions or contrary to public morals, and shall be obliged to provide the services in a reliable and continuous manner.
② The "Company" shall not disclose or distribute the personal information of a "user" to any third party without his/her individual consent except otherwise stipulated in legitimate procedures pursuant to the relevant rules, regulations, and authorities, including but not limited to requests from state agencies, telecommunications-related acts and requests from the Korea Internet & Safety Commission.
③ The "Company" shall repair or rectify any defects or failures of any service-affecting equipment and devices upon occurrence, without delay, unless inevitable reasons exist.
④ The "Company" shall assume responsibility to respond to any damage incurred to a "member(s)" due to the services provided by the "Company" provided that such damage occurs due to the intention or gross negligence of the "Company" with the scope of the responsibility limited to ordinary damages.
⑤ The "Company" shall promptly respond to and handle opinions or complaints issued by members if deemed justifiable. The Company shall also notify the concerned “member” of any delay, if ever, and a subsequent handling schedule with relevant reasons.
⑥ The "Company" shall endeavor to protect the personal information of "members", including membership registration details as prescribed by the relevant laws and regulations. The protection of personal information of "members" shall be subject to the relevant statutes and the provisions of Article 21.
Article 17 Obligations of "Users"
① In signing up for a membership to use the services, a user shall provide correct and complete personal information (hereinafter referred to as "subscription information") and shall update it immediately upon change of such subscription information.
② Members shall comply with the information security requirements stipulated in Article 8 Information Security of "Users" to properly manage their IDs and passwords.
③ In using the services, members shall not engage in:
1. inflicting harm on others (including a small number of people);
2. Stealing another person's ID and password and pretending to be someone else;
3. falsely stating the relationship with another person;
4. defamatory act by disclosing facts or fake facts for the purpose of slandering others;
5. distributing false information for the purpose of giving financial benefits to him/herself or others or inflicting damage on others;
6. delivering words, sounds, or texts that may cause shame, disgust or fear to others;
7. commercial activities using the services such as processing and selling information obtained from using the services without prior consent from the "Company";
8. stealing and using the user name of another person in information and communication services;
9. posting unnecessary or unauthorized advertisements, promotional materials, vulgar or obscene data, text, software, music, photos, graphics, video messages, etc. in pages that can be viewed by minors, or sending them to minors via message or email;
10. posting the contents without the ownership of rights (all rights, including intellectual property rights) or sending them via message or email;
11. posting software virus intended to disrupt or restrict the functionalities of computer software, hardware, telecommunications equipment and sending them via message or email;
12. collecting or storing the personal information of other users, such as posting and publishing data and information that include other computer codes, files and programs, and sending them via email;
13. gambling or speculation on property
14. arranging prostitution or distributing information that mediates indecent act
15. Any other illegal or unfair conduct
④ Members shall comply with these terms and conditions and the rules and regulations prescribed by the relevant statutes.
Article 18 Prohibition of Illegitimate Use
The "Company" regards any of the following acts as illegitimate use:
1. selling, lending, or transferring the services provided by the "Company" to another person, such as user ID and subscription, and advertising them;
2. executing a replication program, capturing, or recording a screen while using the service
3. Any act to undermine or disable the Digital Rights Management (DRM) of contents
4. Any illegal access to and use of contents without a legitimate agreement between the "Company" and its members without due payment for such contents
Article 19 Notification to "Members"
① The "Company" may send a notification to "members" via email address, message, or phone number mutually agreed upon between "members" and the "Company".
② A notification of the “Company” to an unspecified number of "members" by posting it on the platform for at least one(1) week may be used in lieu of sending a notification to members on an individual basis except for a matter of grave concern with a significant impact on the member's own transactions.
Article 20 Terms and Conditions of Use for Individual Services
The "Company" may obtain the consent of the "members" as to getting access to individual services based on separate terms and conditions of use, which shall take precedence over these Terms and Conditions of Use.
Article 21 Ordering and Payment
A member may apply for the purchase of contents and goods in accordance with the following or equivalent procedure provided by the "Company":
1. search for content creators, view content samples or details
2. view the list of regular subscription contents and select an item(s) to buy
3. enter a name, email address, phone number (or mobile phone number) and the address of a "member" and then click ‘Payment’
4. confirm the payment amount, select a payment method, and make a payment
5. reconfirm the payment amount and make a payment
② Members may make a payment for paid services by following a procedure determined by the "company". In principle, the payment by a minor "member" shall be made in the name of and with the consent of his/her legal guardian, and any agreement signed and paid by a minor without the consent of his/her legal guardian may be terminated.
Article 22 Change of Order
① A member with a regular membership may apply for an immediate transfer of membership to a higher tier or a reserved transfer that comes into effect from the next payment date based on the payment amount.
② No membership movement shall be allowed if there is a limit on the number of maximum members in the concerned "membership" at the time of application.
③ A member may request for a refund of the past payment for the current "membership” only if he/she applies for an immediate transfer within seven(7) days after signing up for a membership.
Article 23 Conclusion and Notification of Agreement
① The "Company" shall accept the purchase application unless:
1. the application is filled out with false, omitted, or mistaken information;
2. a minor purchases contents that are prohibited according to the Juvenile Protection Act;
3. the total amount in the application for paid services matches the total amount of actual payment;
4. accepting the purchase application is believed to cause significant hindrance on the corporate technology of the "Company";
5. it is deemed necessary for the "Company" to do so for other justifiable reasons.
② Upon receipt of application submitted by a “member” according to the procedure prescribed in Article 21 of these Terms and Conditions of Use, the "Company" shall notify him/her via the method prescribed in Article 19 of these Terms and Conditions of Use as an indication of consent, and the agreement shall be deemed to have been concluded upon arrival of such notification to the "member".
③ The indication of consent by the "Company" shall include the confirmation of the member’s application for services, availability of services, and the information on correction, cancellation, etc. of the application.
Article 24 Supply of Contents and Goods
① The "Company" shall take measures required to allow the "user" to properly consume contents, goods, etc. upon conclusion of the agreement unless otherwise agreed upon with the "user" as to the time of the supply of contents and goods.
② The "Company" shall promptly respond to user inquiries as to the procedure and progress of delivering the contents and goods purchased.
③ When it comes to the agreement on the supply of goods between members, the "Company" provides the payment system through a third party only and shall not be obligated to respond to inquiries regarding delivery and payment.
Article 25 Notification of Third Party’s Intellectual Property Rights
① The "Company" and the members respect the intellectual property rights of any third party and the "Company" may terminate an agreement, at any time, with a member who infringes on the intellectual property of a third party.
② If the "Company" is notified that the content submitted and registered by a "member" infringes on the copyright of a third party, it may remove the concerned content from the service in accordance with the Copyright Act and relevant statutes.
1. Electronic or hand-written signature of the copyright owner or his/her legal representative
2. Content that is claimed to infringe
3. A detailed description of where the content claimed to infringe is posted or used
4. Address, telephone number and email address of the copyright owner or his/her legal representative
5. A statement by the copyright owner or his/her legal representative that states that all information in the written notice claiming infringement is true and correct otherwise he/she will be legally liable for perjury
④ If a member believes that his/her content has become deleted or inaccessible due to a mistake or misunderstanding, he/she shall prepare and submit a written notice that includes the following information to the "Company".
1. Electronic signature or substantial signature of "Member"
2. Detailed description of the location where deleted or inaccessible content was posted
3. A statement that claims that their content has become deleted or inaccessible due to a mistake or misunderstanding otherwise he/she will be legally liable for perjury
4. Name, telephone number and email address of the member
⑤ The "Company" may regard the notice of a third party or "member" relating to this provision invalid if it fails to meet the requirements described above and shall not be responsible for responding or replying to such notice.
Article 26 Fees and Taxes
① A “member” may sign up for membership for free of charge and shall be charged with fee when using a specific service only.
② The service fee policy is in accordance with the rules defined by the Company's service, and the member shall pay a fee for using the services.
③ The service fee policy is subject to change according to the circumstances of the "Company", and the "company" shall notify any changes on the platform prior to the effective date.
④ The fee for the payment method (credit card, mobile phone, account transfer, etc.) in addition to the service fee of the “Company” shall be borne by the "members".
⑤ The member shall be obligated to faithfully report or pay all due taxes, including but not limited to VAT associated with the use of the services of the "Company".
Article 27 Refunds
① The refund policy shall be in compliance with the relevant laws and regulations, including but not limited to Act on the Consumer Protection in the Electronic Commerce Transaction, etc. A "user" who has signed up for membership and signed a purchase
agreement may withdraw his/her agreement within seven days upon receipt of a written notice of agreement (or receipt of goods or services if the supply of such goods and/or services is later than the delivery of the concerned agreement) under Article 13 (2) of the Act on the Consumer Protection in the Electronic Commerce Transaction, etc. unless otherwise stipulated in the Consumer Protection in the Electronic Commerce Transaction, etc.
② The "Company", although it is not a direct producer of products, shall be held liable for all goods and transactions associated with the service and engages in communications with customers and handling payment and refund issues through its Customer Care Center as described below:
1. Contact number of Customer Care Center: 02-2232-7399
2. Company’s official KakaoTalk channel: kpopclick
3. Email address of Customer Care Center: email@example.com
③ Where it is necessary to mediate conflicting opinions on refunds between the selling member and the buying member, the "Company" shall actively engage in narrowing down differences and determining whether or not refunds are necessary.
④ A member who has signed up for membership shall not be refunded if:
1. he/she gets access to digital contents offered as a reward (or benefit) for "membership"
2. a "member" who has purchased a reward that includes actual goods loses or damages them with his/her own fault;
3. a "member" opens or damages the packaging of the original goods, etc. that are reproducible into goods with the same features.
⑤ In the case of paragraph (3) 2 or 4, the restriction on user’s withdrawal of agreement shall not be applied unless the "members" with membership have taken necessary measures to let consumers identify restrictions of withdrawal of agreement prior to purchase or offered trial products.
⑥ Notwithstanding the provisions of paragraphs (1) and (3), if the rewards, etc. are different from what are indicated or advertised or the content of the agreement, the "user" may withdraw the purchase agreement through the "Company" within three(3) months upon receipt of the rewards, etc.
⑦ The "Company" shall hold the right not to accept a request for withdrawal in the event that:
1. a member who provides "membership" may change the rewards and tiers posted according to the procedure prescribed by the "Company". The Company shall not be responsible for any issues or problems caused by failure to be aware of the changes posted by the membership holder;
2. a “member” requests the "Company" for refunds on the grounds that the same contents exist on other websites, for which the "Company" shall not be responsible;
3. a “member" refuses to use the service despite the notice that the impending issues can be resolved through software updates;
4. the “Company” shall not be responsible for any issues or problems arising from not using the product or service due to the failure of the “member” or the "creator" to receive and/or recognize the product-related information provided through the "page".
5. a “member” is restricted to using his/her account and ID as he/she is deemed to have engaged in illegal or illegitimate acts against the relevant statutes, including but not limited to the Resident Registration Act, Copyright Act, Computer Program Protection Act, and the Information and Communications Network Act. and that may make adverse effects on the corporate operation.
6. a “member” who benefits from discount coupons, coupons, etc. or who enjoys free "membership" for a specific session cannot request the ‘Company” for refunds for all or part of the discounted amount even if he/she discontinues the membership.
⑧ If a member fails to receive the regular membership benefits within the period set by the company or the "creator" as promised, he/she may contact the Company's Customer Care Center for refunds within 30 to 40 days from the payment date for each individual payment.
⑨ Depending on the nature of individual services, the "Company" may set cancellation and refund policies under separate terms and conditions of use, which shall take precedence.
⑩ All other matters concerning cancellations and refunds not prescribed in these Terms and Conditions of Use and service use guidelines shall be governed by the consumer damage compensation program.
⑪ Refund fees may vary depending on the method of payment, and the method of imposing refund fees shall be in accordance with the separate rules of the "Company". The fees incurred in handling refund requests due to the simple change of mind shall be borne by the "member".
⑫ A refund for the payment already paid to the creator "member" will be processed according to the agreement between the creator and the member provided that there is a justifiable reason for refund. The "Company" shall act as an intermediary to ensure a smooth and prompt implementation of refund between the creator and the member. The company shall reserve the right to make a final decision if the three party fail to reach a compromise on the refund.
⑬ Any overcharge incurred due to reasons attributable to the "Company" associated with the paid service shall be refunded in full amount using the method of payment made by the "member" or following the confirmation of the identification of the payer if the refund cannot be made using the method of payment made by the "member". Any miscellaneous expense incurred from refunding overcharge incurred due to reasons attributable to the "member" shall be borne by the "user" within a reasonable extent.
⑭ The "Company" shall immediately process any impending refunds of regular subscription fees due to reasons attributable to the “Company”, such as technical errors associated with the service.
Article 28 Exchanges
A “member” may request the "creator" or the Company’s Customer Care Center for the exchange of contents, services or physical products if serious defects are found in them. If the concerned parties fail to reach a compromise, the "Company" shall make a final decision.
Article 29 Withdrawal from Membership and Disqualification
① A member may request the "Company" to withdraw his/her membership at any time, and the "Company" shall handle such request in accordance with the provisions as the withdrawal of membership.
② The "company" may restrict or suspend membership without prior notice if:
1. false information is entered in signing up for membership;
2. a "member" fails to fulfill his/her obligations as to the payment and other requirements in using the services;
3. a "member" engages in acts that undermine the electronic transaction order, such as interrupting the use of services by others or stealing the relevant information;
4. a "member" engages in acts prohibited by the relevant statutes and these Terms and Conditions of Use and against public orders and morals using the “Company”
③ If a “member” repeats the same illegitimate act twice or more or the reasons for such restriction or suspension are not resolved or corrected within 30 days, the "Company" may withdraw his/her membership.
④ If the "company" withdraws a membership, the member may have his/her registration revoked, which shall be notified to the member with an opportunity to explain before the revocation of membership registration.
⑤ The "Company" may restrict or prohibit a member from getting access to the services or terminate the service agreement at its discretion if he/she engages in acts in violation of these Terms and Conditions of Use.
Article 30 Prohibition of Transfer
① A member shall not transfer, assign or otherwise provide as collateral his/her rights to use the services or membership status associated with the service agreement to any third party.
② A member may transfer or assign his/her rights to use the services or membership status associated with the service agreement to a third party based on mutual consent between the concerned parties, provided that it shall be shared in writing with the "Company" in advance.
Article 31 Compensation for Damages
The "Company" shall not be liable for any damage incurred to the "member" in association with the service provided free of charge unless it is caused by intentional criminal acts committed by the "Company".
Article 32 Resolution of Disputes
① The "Company" shall prepare and implement the procedure of handling compensation for damage to properly respond to users’ requests or complaints about such damage.
② The "Company" shall promptly handle users’ requests or complaints and shall notify users of the reason and handling schedule if it is unable to respond to them immediately.
Article 33 Applicable Law and Courts of Jurisdiction
① Any disagreement or dispute between the "Company" and its members with regard to the use of the services shall be resolved amicably by conciliation between the two parties.
② The laws of the Republic of Korea shall govern the interpretation of, and any dispute regarding, these Terms and Conditions of Use.
③ Any lawsuit arising out of or in connection with the use of the Service shall be submitted to the relevant competent court.
1. These Terms and Conditions of Use shall come into effect as of January 1, 2022.
K-pop Click Payment Terms
① No refunds shall be made on digital contents whose value is significantly reduced immediately upon consumption. Refunds shall be made, however, if technical errors in posting them are identified and confirmed.
② The members are advised to contact K-pop Click official KakaoTalk channel or firstname.lastname@example.org Customer Care Center for any inquiries on payment errors or complaints about cancellation of payment or refunds.
③ Promotional gifts or discounts, such as a free subscription, shall not be subject to refunds.
K-pop Click Automatic Payment Terms
① Membership fee shall be prepaid. Membership rights shall be in effect immediately upon completion of payment.
② Membership payment shall be made automatically on a monthly basis between 1:00 and 3:00 PM on the same day of each month following the first payment. For example, if you make the first payment on January 3, the next payment shall be automatically made on February 3, followed by March 3, and April 3 (and so on).
③ Membership rights shall be lost immediately upon failure to make the next regular payment due to insufficient balance or negligence attributable to consumers.
④ Payment attempts shall be repeated via the same payment method for ten (10) days following the failure of payment and the "membership" rights shall be restored immediately upon successful completion of payment.
⑤ Upon request of suspending membership, the “member” shall continue to retain "membership" for the duration of the membership retention period, upon expiration of which the "Membership" shall be automatically terminated without further payment requests.