Mnet Plus community Terms and Conditions(220630)

Mnet Plus community Terms and Conditions

Chapter 1 Welcome!

Article 1 (Purpose)

Thank you for your interest in and use of the Mnet Plus services (the “Services”) provided by STAYGE Labs, Inc. (the “Company”). The Terms and Conditions of Service stipulate general provisions concerning the rights, duties and responsibilities, terms of use, and procedures required in the use of the Services provided by the Company on or through the Company’s website or mobile application. The Company appreciates your taking time to carefully read the Terms and Conditions before you start to use the Services.

Article 2 (Effect of Terms and Conditions and its Modification)

① The Terms and Conditions shall be posted on the relevant pages of the Individual Service (as defined in Article 4 below) and shall become effective upon your agreement to the Terms and Conditions set forth hereto.

② The Company, if necessary, may modify the Terms and Conditions to the extent that they do not violate the relevant laws and regulations. Provided; however, in the case the aforesaid modification of the Terms and Conditions are modified to the Member’s (as defined in Article 4 below) disadvantage, the Company shall not publicly notify via notices page (or equivalent) of the Company’s website of such modification, but the Company shall also individually transmit the notice thereon to you via email, etc., at least thirty (30) days prior to the effective date.

③ In the event the Company publicly notified and/or notified you individually in accordance with Paragraph 2 above, that if you do not explicitly refuse to accept the aforesaid modification from the date of the Company publicly notified and/or notified the Member individually to the effective date of the application of the modified terms and conditions, it is deemed that you have approved the modified terms and conditions. Unless you agree to the modified terms and conditions, you may terminate the Mnet Plus Service Agreement (the “Service Agreement”).

Article 3 (Additional Terms)

Any matters that are not stipulated in the Terms and Conditions shall be subject to the relevant laws and regulations, terms and conditions of the Individual Service, operation policies and rules prescribed by the Company (the “Detailed Guidelines”)

Article 4 (Definitions)

① The terms herein shall have the following meanings as set forth below:

1. “Account” shall mean the Company’s login account that allows the Member to manage with a single login account and password, the verification of the Member’s identity, modification of the Member Information (as defined in Paragraph 4 below) and sign-up and withdrawal of membership in the Individual Service prescribed by the Company.
2. “Member” shall mean a person who uses the Services after having agreed to the Terms and Conditions.
3. “Individual Service” shall mean various Internet or mobile services provided by the Company. Individual Service may be further added and/or modified.
4. “Member Information” shall mean any required or optional information prescribed by the Company that may be managed, such as reviewing or modifying the said information in the Account setting page of the Individual Service.

Chapter 2 Mnet Plus Service Agreement

Article 5 (Formation of Agreement)

① The Service Agreement shall come into effect after the Company verifies the information that you entered after you have agreed to the Terms and Conditions and filed an application as prescribed by the Company.

② The membership registration is required in order to seamlessly use the Services provided by the Company. However, certain menus and services may be available for use without membership registration.

③ To confirm whether the information you provided is consistent with the facts, the Company may request for the real name or identity verification via a specialized agency to the extent permitted by the relevant laws and regulations.

Article 6 (Limitation of Use of Service)

① The Company, in principle, permits an applicant pursuant to Article 5 above to use the Services. Provided; however, in the case described in each of the following subparagraphs, the Company may withhold or refuse its approval on the use of the Services until such cause for withholding or refusing of the approval is resolved. In particular, for the protection of children and youth, if you are a Korean national under the age of fourteen (14) (international age) or 16 in the case of foreign nationals, you cannot create the Account with the Company.

1. In the case that the Company has deleted your Account in accordance with the Terms and Conditions and/or the Detailed Guidelines;
2. In the case that you have attempted to create the Account by using someone else’s personal information, such as the name or email address, and/or if you failed to provide the required information, or provided false information or someone else’s information in the process of creating the Account;
3. In the case that the Company realistically has no adequate capacity needed to provide the Services;
4. In the case that any technical issue is detected in providing the Services;
5. In the case that the Company admits the financial or technical needs thereof;
6. In the case that the Member whose membership qualification has been suspended attempts to terminate the Service Agreement and re-enter the Service Agreement within the period of such regulatory measures;
7. In the case of violation of other related laws or regulations, or the Detailed Guidelines, etc. prescribed by the Company.

② Provided that it is determined that you have entered into the Services against the conditions set forth in Paragraph 1 above, the Company may impose appropriate restrictions such as immediately suspending the use of the Services or deleting the Member information.

Chapter 3 Use of the Services

Article 7 (Provision of the Services)

① The Services provided by the Company is as follows:

1. Online community service (content viewing services such as videos and photos, etc. and the rights to create postings and post comments via the Services);
2. Voting service;
3. Live chat service;
4. Provide contents such as highlight video of the broadcast media, behind the scenes or images;
5. Comprehensive login: The Member may use the integrated Member authentication service that Members can log into any Individual Service connected to the Account via a single username and password;
6. SSO (Single Sign On): once the Member logs into the Account via a web browser or specific mobile devices, the Member can access to Individual Service associated with the Account without any additional logins; and
7. Any and all other Services provided to the Members through additional development by the Company or business partnership agreements with other companies.

② To provide better Services, the Company may display on the relevant pages of the Services or send via email various information including notices, admin messages and other advertisements regarding the use of the Services. However, the commercial information may be transmitted only with the Member’s prior consent to receiving such commercial information.

Article 8 (Modification and Termination of the Services)

① The Company exerts the best effort in providing the Services 24/7/365. Provided; however, in the case described in each of the following subparagraphs, the Company may restrict or suspend all or part of the Services.

1. In the case of regular or provisional inspection for maintenance and/or repair the service equipment for the Services;
2. In the case where there is a disruption of the use of the Services due to blackout, equipment failure, or traffic overload, etc.;
3. In the case that the Company can no longer maintain the real-time community service due to changes in the circumstances of the Company such as the government order/restriction; and
4. In the case of the force majeure events such as natural disaster, national emergency, etc.

② Suspension of the Services in accordance with Paragraph 1 above shall be publicly notified and/or notified to you individually in the method prescribed in Article 13 above. Provided; however, prior public notice and/or individual notices cannot be provided if the Services are suspended for the reasons that the Company could not foresee or control (e.g., disruption in the Company’s disc or server or system failure, etc. that is not due to the Company’s negligence). However, the Company will make efforts to restore the Services as soon as the cause of suspensions is identified.

③ Any changes or termination of the Services that have a significant impact on you shall be notified by a) email via your email address registered for the Services, b) posted on the relevant pages of the Individual Service, or c) in other ways.

Chapter 4 Obligations of the Contracting Parties

Article 9 (Member Obligations)

① If your posting contains information that is in violation of the relevant laws and regulations such as the Act on Promotion of Information and Communications Network Utilization and Information Protection (the “Information and Communications Network Act”) and the Copyright Act, the rights holder may request the Company to take down and/or delete the posting, and the Company shall take appropriate measures in accordance with the relevant laws and regulations.

② Even without the request from the rights holder, the Company may take temporary measures, etc. against such posting in accordance with the relevant laws and regulations, if there is a reason to recognize an infringement of the rights, or the posting violates other policies of the Company and related laws and regulations.

③ The detailed procedures related to Paragraph 2 above shall be subjected to the Information and Communications Network Act and the Copyright Act.

Article 10 (Attribution of Rights and Use of Works)

① You may post content, such as photos, writings, information, (motion) pictures or the opinions on the Company or the Services (the “Posting”), and the rights holders shall continue to retain the intellectual property rights, including the copyrights of the Posting.

② If you post the Posting via the Services, the Posting may be exposed via the Individual Service included in the Services, and to the extent necessary, you are providing the Company with a worldwide license that permits use, storage, modification, reproduction, public transmission, display, distribution, etc. of the Posting, etc.

③ You must have the necessary rights to grant the Company a license for the content you provide to the Company. The publisher of the content shall be liable for the problems arising from not having such necessary rights to the content. Further, you are not allowed to disclose or post obscene, violent or other content in violation of the public order and standards of decency and relevant laws and regulations.

④ If the Company determines that your content violates the relevant laws and regulations, or if the Company determines that the Posting is a) obscene or harmful to youth or that promotes discrimination and conflicts; b) deemed duplicate spam posts of the same content, advertisement, promotional content, or spam; c) concerning the assignment or trading of the Account; or d) deemed to impersonate the others, the Company may delete or refuse to post such content. Provided; however, the Company is not obligated to review all content. If someone violates your rights, you can get help with your request to take down the relevant content through the customer center.

⑤ The Services may display some content not owned by the Company. In such a case, the content provider is solely responsible for such content. Even if you use the Services, you do not have any rights to the other user’s content. In order for you to use the other user’s content, you must obtain separate permission from the content owner.

Article 11 (Member’s Obligations)

① The Members shall not perform any of the activities described in each of the following subparagraphs when using Mnet Plus Services:

1. An act of a) entering false facts when applying for the Services or modifying the information entered on the Services, unjustifiably use the other Member’s Account and password; b) stealing someone else’s Account and password or unjustifiably use the same; c) using someone else’s name; or d) conduct an email verification, etc. without obtaining permission of a registered person;
2. An act of defaming or injuring other’s reputation;
3. An act of uploading obscene materials on the bulletin board etc. and/or connecting(via link) such posts to harmful sites;
4. An act of violating other rights of the Company or a third party including the copyright;
5. An act of disseminating to others any information, symbol, figure, voice, etc. in violation of the public order and good public morals and social customs;
6. Registering or circulating computer viruses that may cause malfunction of the service equipment, and/or destroy and disrupt the information, etc., related to Mnet Plus Services;
7. An act of transmitting a) any information that may intentionally interfere with the operation of Mnet Plus Services or stable operation of the same; or b) commercial information or spam mail against the recipient’s explicit refusal to receive such information.
8. An act of copying, altering, distributing, selling, transferring, lending, offering as collateral, or allowing others to use the Services or part of the software thereof for such purposes without the Company’s consent; and/or copy, disassembling, imitating or transforming the Services including reverse-engineering of software or any attempt to extract source code;
9. An act of impersonating someone else and an act of falsely specifying the relationship with another person;
10. An act of collecting, storing and/or disclosing other Member’s personal information;
11. An act of distributing the false information for the purposes of giving proprietary benefits to the Member him or herself, and/or to inflict the damages to the others;
12. An act of repeatedly posting the same or similar posts or meaningless posts for the purposes of posting duplicate spam posts on the bulletin board;
13. An act of using the Services for purposes other than its original purpose, such as for profit, sales, advertisement, public relations, political activities and election campaigns, without the permission from the Company;
14. An act of circulation any information to arrange prostitution or mediate lewd acts;
15. An act of interfering with the other person’s daily life by continuing to reach the other person with words, sounds, texts, images or videos that cause shame, disgust, or fear;
16. An act of transmitting or publishing any information (including a computer program), which transmission or publication of which is prohibited by the relevant laws and regulations;
17. An act of uploading a post or transmitting email, etc., by disguising as personating any employee or the administrator of the Company or the related companies or by appropriating other’s name;
18. An act of posting any material that contains software virus, other computer code, file, program designed to disrupt or destroy a normal operation of computer software, hardware and electronic communication devices; and/or transmit the foregoing via email, etc.; and/or
19. An act caused by any other illegal or unjust means or purpose.

② The right to use services and other titles under the terms of use cannot be transferred, gifted or provided as collateral.

③ In the event of noncompliance with the laws, the articles of incorporation or policies, the Company may investigate violations, suspend the service, or place restrictions on signup temporarily or permanently.

Article 12 (Protection of Personal Information)

One of the most important tasks of the Company is to securely process the Member's personal information. Such information shall be used only within the purpose and scope you have agreed in order to provide the Services seamlessly. Please be assured that unless the Members have granted separate permission, or except as otherwise prescribed in the relevant laws and regulations, the Company shall not provide the Member's personal information to a third party. To find more details concerning which efforts the Company exerts to securely process your personal information, please refer to the STAYGE Labs’ Privacy Policy.

Article 13 (Public Notice and Notification to Individual Member)

Communication with the Members is most valued by the Company. The Members can visit the customer center and express their opinions at any time. Public notice for all Members shall come into force by being posted in the Notification section of the Services for no less than seven (7) days. Any notification that may gravely affect your conditions shall be individually sent via email to your registered email address in the Membership Information, published via the Services, or notified individually via other means.

Chapter 5 Miscellaneous

Article 14 (Termination of the Service Agreement)

① If you delete the Account, the Service Agreement will also be automatically terminated.

② If you no longer wish to use the Services, you can request to cancel the Service Agreement at any time using the menu provided in the Services. The Company will promptly process the termination as stipulated by the relevant laws and regulations.

③ When the Service Agreement is terminated, your information related to the Services will be deleted, except in cases where the Company is required to retain your information in accordance with the laws and regulations and the Company’s Privacy Policy.

④ Even if the Service Agreement is terminated, you can re-apply for the Service Agreement with the Company again.

Article 15 (Restriction on Use of the Services for Members)

① The Company may restrict the use of the Services if the Members violate the obligations of the Terms and Conditions or interfere with the ordinary operation of the services;

② When the Company takes restrictions on the use of the Services set forth in Paragraph 1 above, matters described in the following subparagraphs shall be notified to the Members:

1. Reasons for the restriction of use;
2. Types and duration of restriction measures; and/or
3. Method of filing an objection to the Company’s restriction of use.

③ The Company may suspend the Account’s use of the Services until the investigation into the reasons described in the following subparagraphs is completed:

1. In the case where a legitimate report has been received that the Account has been hacked or stolen, or that it has been used for a crime; and/or
2. In the case where provisional measures for the use of the Services are required for similar reasons.

④ If the Member wishes to object to the Company’s restriction on the use of the Services, the Member shall submit an objection to the Company in writing, email, or equivalent within fourteen (14) days of receiving the notice of such measure.

⑤ The Company shall respond in writing, email, or equivalent within fourteen (14) days of receiving the objection in accordance with Paragraph 4 above. Provided; however, if it is difficult to respond within this period, the Company will notify the Member of the reason for the delay and the processing schedule.

⑥ If the Member’s reason for objecting to the Company’s restriction on the use of the Services is reasonable, the Company will take appropriate measures.

Article 16 (Compensation for Damages)

① To the extent permitted by the relevant laws and regulations, the Company makes no commitments or warranties on any specific matters not specified in the Terms and Conditions in relation to the Services. Further, the Company shall provide no warranty on credibility and accuracy of the information, data and/or facts posted via the Services in a way that a third party such as the contents provider provides or the Member writes, and the Company shall take no responsibility for any damages incurred without the Company’s intentional or negligent acts or omissions.

② In case you suffer any damages caused by the Company’s negligence, the Company will compensate any damages you have suffered in accordance with the Terms and Conditions and the relevant laws and regulations. Provided; however, the Company shall take no responsibility for any damages incurred without the Company’s negligence prescribed in the following subparagraphs. Furthermore, the Company shall not be liable for indirect, special, consequential, disciplinary and/or punitive damages.

1. Any damages arising from natural disaster or a force majeure event equivalent thereto;
2. In case there is a disruption of the use of the Services caused by reasons attributable to the Members, provided; however, this is not the case if the Member has unavoidable or justifiable reasons;
3. Any personal damages of the Members arising from the access to or the use of the Services;
4. Any damages caused by maintenance, replacement, regular inspection or construction, etc. of the service equipment or any other similar reasons thereof. Provided; however, this is not the case if the damages arising from the Company’s intentional or negligent acts or omissions;
5. Any damages caused by reliability or accuracy of information provided by other Members related to the Services, provided; however, this is not the case if the damages incurred due to the Company’s intentional or negligent acts or omission;
6. Any damages arising from illegal access to or use of the Company’s server by a third party;
7. Any damages arising from the impeded transmission to or from the Company’s server by a third party;
8. Any damages arising from the transmission or spread of malware by a third party; and/or
9. Any other damages arising from the use of the Services by a third party, including damages or defamation, etc. caused by deletion, omission, destruction, etc. of transmitted data;
10. Any damages arising from the use of the Services provided free of charge, provided; however, this is not the case if the damages incurred due to the Company’s intentional or negligent acts or omission;
11. Any transactions or disputes arising between the Members or through the Services between the Members or between the Member and others;
12. Any liability for third party payments arising from the Members’ failure to manage mobile device passwords, payment-related passwords, etc., provided; however, this is not the case if the damages incurred due to the Company’s intentional or negligent acts or omission;
13. In the case the Members cannot use all or part of the contents due to change of mobile device, change of mobile device, mobile number, change of operating system (OS), overseas roaming, change of carrier, etc.;
14. Any damages arising from the Member deleting the contents or account information provided by the Company, provided; however, this is not the case if the damages incurred due to the Company’s intentional or negligent acts or omission;
15. Other damages caused by the company that are due to the Company’s intentional or negligent acts or omission.

Article 17 (Dispute Settlement)

The Terms and Conditions or the Service Agreement shall be stipulated and executed under the laws and regulations of the Republic of Korea. In case of any disputes arising out of or related to the use of the Services, the Company shall attempt to reach an agreement with good faith efforts to resolve such disputes. If the disputes cannot be resolved despite the efforts, the Company may file a lawsuit with a competent court under the Korean Civil Procedure Act.

• Date of notification: June, 23, 2022
• Date of enforcement: June, 30, 2022