Mnet Plus Terms of Use(221004)

Mnet Plus Terms of Use

Chapter 1 General Provisions

Article 1 (Purpose) 

The purpose of the Mnet Plus Service Terms of Use (hereinafter referred to as the “Terms and Conditions”) is to define the rights, obligations, and responsibilities of individual users and CJ ENM (hereinafter referred as the “Company”), as well as the procedures, conditions, and additional requirements, in relation to the use of the Mnet Plus service (hereinafter referred to as “Mnet Plus”, or “Service”) provided by the Company.

Article 2 (Definitions) 

① The terms used herein are defined as follows.

1. “Services”: All online services related to content and information offered on the Mnet Plus website or mobile app
2. “Users”: Members and non-members who access the Mnet Plus website or mobile app and receive the Service offered by the Company pursuant to the Terms and Conditions
3. “Members”: Those who have joined the membership on the Mnet Plus website or mobile app and are entitled to use the services offered by Mnet Plus
4. “Suspension of use”: The Company’s action to restrict the use of the Service by a Member pursuant to the Terms and Conditions
5. “Termination”: Termination of the Service use contract by the Company or a Member

② The definitions of terms used herein but not defined in Paragraph 1 of this Article are in accordance with the relevant laws and regulations and policies for each Service. Otherwise the definitions of terms used herein is subject to the general business practice.

Article 3 (Posting and Explanation of the Terms and Conditions, Etc.)

① The Company shall post the provisions of the Terms and Conditions, the names of the Company and CEO, the address of the principal business site (including the location of the site for handling consumer complaints and grievances), contact information (telephone number and email address), Internet domain name, location of the host server, the business license number, the online marketing business declaration number, the name of the personal information protection officer, etc., on the home page of the Mnet Plus website for Users in an easy-to-recognize manner. The detailed provisions of the Terms and Conditions may be offered through a separate link.

② The Company shall ensure that Users check the material provisions specified in the Terms and Conditions and fully understand them prior to their agreement by offering such provisions through a separate link or popup window.

③ The Company shall install technological means to allow Users to ask questions and receive feedback on the details about the Company and the Terms and Conditions.

Article 4 (Revision of the Terms and Conditions, Etc.)

① The Company may revise the Terms and Conditions to the extent that such a revision does not violate related laws including the Content Industry Promotion Act, Act on the Consumer Protection in Electronic Commerce, Etc., Act on the Regulation of Terms and Conditions, Framework Act on Electronic Documents and Transactions, Electronic Financial Transactions Act, Digital Signature Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Personal Information Protection Act, Act on Door-to-Door Sales, Etc., and Framework Act on Consumers.

② To implement the revised Terms and Conditions, the Company is required to notify the application of such revisions by posting the application date and revision background on the home page of its website along with the previous Terms and Conditions at least seven days prior to the application date until the date of application or through other means and to send the application date and revised provisions of importance to existing Members via email or other electronic means. As for the revisions that are unfavorable to the Members, the Company shall post the application date, revision background, and an easy-to-understand comparison of the provisions prior to and after the revision at least 30 days prior to the application date of the revised Terms and Conditions until one day prior to the application date and shall individually send the notification of the revision via email or other electronic means.

③ If revised, the revised Terms and Conditions shall only apply to contracts concluded from the date of their application onwards. The contracts concluded prior to their application shall follow the previous Terms and Conditions before their revision. After notification of the revised Terms and Conditions, the Company will verify the User’s consent to their application. The User may terminate the contract if he/she does not agree to the revised Terms and Conditions. If the User fails to express his/her intention of refusal by the date of their application at the latest, he/she shall be considered to have consented to the revised Terms and Conditions.

④ Any matters unspecified in and the interpretation of the Terms and Conditions shall conform to the Act on the Consumer Protection in Electronic Commerce, Etc.; Act on the Regulation of Terms and Conditions; Guidelines on Consumer Protection in Electronic Commerce, Etc., set by the Fair Trade Commission, Notification on Disclosure of Information on Products in Electronic Commerce Transactions and related laws; and socially accepted commercial practices.

Chapter 2 Service Use Contract 

Article 5 (Establishment of Contract)

① The User shall enter his/her personal information in accordance with the format set by the Company and agree to the Terms and Conditions and other policies (e.g., Privacy Policy) of the Company to request the joining of the membership.

② The contract for using the Service (hereinafter referred to as the “Service Use Contract”) shall be considered to have been constituted at the point when the Company’s approval is delivered to the User.

Article 6 (Request for the Use of the Service)

① The User who wishes to join the membership and use the Service shall make the request to join the membership using his/her account.

② The Company may request the submission of additional information for User identity authentication when the account information submitted by the User to join the membership is deemed insufficient for approval.

Article 7 (Approval for the Request for the Use of the Service)

① Absent special circumstances, the request for the use of the Service pursuant to Article 6 herein will be approved by the Company in the order of submission.

② The Company may refuse to grant approval of the request for the use of the Service for any of the following cases and may postpone approval until related issues are resolved.

1. When lacking the required system or equipment for the operation of the Service
2. When experiencing technical difficulties related to the protection of the Member’s information, etc.

③ The Company shall not grant approval of the request for the use of the Service in the following cases without separate notification.

1. If the request was made under a borrowed name
2. If false information was given in the request form
3. If the request was made with the purpose of harming the wellbeing of society and public morals
4. If the Service was altered by malware, bugs, etc., or if any defects in its system are found to have been abused illegally
5. If the User was disqualified from the membership on the grounds prescribed in Article 25 (2), excluding those who were given approval for re-joining the membership by the Company after the lapse of three years from the point of disqualification from the membership on the grounds prescribed in Article 25 (2)
6. If the User is a Korean citizen under 14 or a non-Korean citizen under 16
7. If any other condition for use of the Service specified by the Company is not fulfilled

Article 8 (Personal Information Protection)

① The Company shall comply with personal information protection measures mandated by relevant laws to protect the personal information of Users. The Company shall disclose the Privacy Policy via the Mnet Plus website or mobile app.

② The Company recommends Users not to disclose any personal information voluntarily via the bulletin, email, chat room, etc., as such information may be collected and used by others, and the Company shall not take responsibility for any related risks.

Article 9 (Consent to the Use of Personal Information)

① The Company may collect the personal information of Users minimally required to provide the Service and request more detailed information if deemed necessary to fulfill obligations mandated by relevant laws.

② The Company shall specify all matters pertaining to the collection, use, disposal, storage, discarding, etc., of such personal information in the Privacy Policy.

③ Users who have given consent to the collection and use of their personal information by the Company to access the Service may freely withdraw such consent based on the Company’s Privacy Policy.

Article 10 (Accessing and Altering Personal Information)

① The Members may freely access and alter their personal information based on the Company’s Privacy Policy.

② The Members are required to update any changes in their personal information online and shall take responsibility for all consequences resulting from the failure to update such changes.

Article 11 (Change of Member Information)

The Company may request any Member to change the Member account information on legal grounds such as the prevention of illicit use, protection of other Members’ rights and the website’s or mobile app’s network and systems, and compliance with other legal requirements with the explicit consent of the respective Member.

Article 12 (Notifications to the Members)

① The Company may send notifications to the Members using the email address provided by the Members in advance and designated for such use (i.e., email address given at the point of joining the membership).

② The Company may post notifications for Members generally on the Mnet Plus bulletin for a minimum period of one week instead of sending such notifications individually. However, notification of matters deemed to be material to transactions of the Members shall be sent individually.

Chapter 3 Obligations of the Parties Hereto

Article 13 (Obligations of the Company)

① The Company shall start providing the Service to the Members immediately after granting approval for the request to join the membership unless deterred by unavoidable reasons.

② The Company shall strive to provide the Service on a continuous and stable basis pursuant to the Terms and Conditions and immediately repair and restore any related equipment if a technical problem occurs or the equipment is destroyed. Notwithstanding the preceding provision, the Company may suspend the provision of the Service in the event of force majeure events, emergencies, and other unavoidable circumstances.

③ If the Members file complaints or submit opinions related to the Service and such complaints or opinions are recognized as legitimate, the Company shall handle such complaints or opinions through the proper procedures. If the handling of such complaints or opinions is projected to take an extended period of time, the Company shall notify the timeframe and related reasons to the Members.

④ The Company shall comply with the personal information handling guidelines prescribed in Articles 8 through 10 herein in relation to the protection of the personal information of the Members.

Article 14 (Obligations of the Members)

① The Members shall comply with the Terms and Conditions while also checking and following the guidelines and notifications frequently posted on the Mnet Plus website by the Company.

② The Members shall not obstruct the Company’s execution of tasks by failing to adhere to the Terms and Conditions, guidelines, and notifications.

③ Each Member is obligated to safely protect his/her email or account information. Each Member shall take full responsibility for any consequences related to negligence in managing his/her email or account information and any unauthorized use of his/her email or account information.

④ The Members shall immediately report to the Company any suspicious signs of the unauthorized use of their email or account information and take full responsibility for any consequences related to the failure to report such unauthorized use.

⑤ The Members shall not engage in any sale of goods, promotion, marketing, or other sales activities using the Service without the prior approval of the Company. The Company shall not be responsible for any consequences related to the Members’ sales activities and acts in violation of the Terms and Conditions. Any damages inflicted on the Company by such sales activities shall be compensated by the respective Members.

⑥ The Members shall not disclose or use sound or video sources, databases, and other types of content provided by the Company as part of the Service for purposes other than personal use, such as the re-use of such content at public spaces and profit-making business sites or stores.

⑦ The Members shall not transfer or donate the rights to use the Service and other rights and obligations of the Members specified in the Service Use Contract to a third party or provide the said rights and obligations as security without explicit approval from the Company.

⑧ The Members shall not engage in the following acts in relation to the use of the Service.

1. Act of using the email or account information of others
2. Act of using the information or content provided by the Company (including databases) for purposes other than personal use, disclosing or providing to media or a third party any copies of such information or content, or using such information or content in any similar manner without the prior approval of the Company
3. Act of distributing information that infringes on patent rights, trademark rights, copyrights, trade secrets, and other intellectual property rights to a third party via email, etc.
4. Act of distributing obscene or offensive information, expressions, graphics, etc., that may harm the wellbeing of society and public morals via email etc.
5. Act of distributing insulting or threatening content that may infringe on the privacy of others via email, etc.
6. All acts objectively deemed to be related to crimes
7. Act of collecting or storing the personal information of other Users without the approval of the Company
8. Other acts in violation of relevant laws

 

Chapter 4 Use of the Service

Article 15 (Provision of Information)

① The Company may provide a wide range of information deemed helpful to the Members.

② The Company may provide information related to the Service via diverse means of communication to ensure an enhanced Service to the Members. However, if any Member expresses his/her refusal to receive such information, the Company shall exclude such Members from the list of recipients of such information. The Company shall not be held responsible for any disadvantages in relation to the use of the Service that may be incurred by such an exclusion.

Article 16 (Members’ Posted Materials, Etc.)

① The Company may delete any chatroom messages, bulletin posts, images, videos, and other content posted on Mnet Plus by the Members without prior notification if such content is deemed to fall under any of the following subparagraphs.

1. Content that slanders, defames, insults, or damages the reputation or credibility of other Members or a third party (individual or entity)
2. Content that harms the wellbeing of society or public morals
3. Content deemed to be related to a criminal act
4. Content that infringes on the rights of others, including intellectual property rights (e.g., the copyrights of the Company or a third party)
5. Content that discloses or provides the Member’s own identity or other personal information, or that collects, stores, or discloses other Members’ personal information
6. Content that distributes false information for the purpose of taking profit, giving profit to the third party, or inflicting damages upon others
7. Content that is created identically or similarly to other contents or is repeatedly created without any meaning, for the purpose of spamming the bulletin
8. Content created to use the Service for purposes other than its original purpose, such as for profit, sales, advertising, sales promotion, political activities, or election campaigns, without the consent of the Company
9. Content that has exceeded the posting period or capacity pre-defined by the Company
10. Obscene materials or links to obscene websites or mobile apps posted on the bulletin by the Members
11. Content deemed to be inconsistent with the purpose of the bulletin
12. Content deemed to be in violation of the Terms and Conditions in any other manner

Article 17 (Copyrights to Posted Materials)

① Member hereby grants to Company a non-exclusive, transferable, sublicensable, royalty-free, perpetual, worldwide license to host, use, distribute, modify, implement, reproduce, publicly display, translate, and make other derivative works of contents shared, posted, or uploaded by the Member using the Service to which intellectual property rights apply (including images, videos, etc.).

② The Company is vested with the copyrights to the materials or Service prepared and posted on Mnet Plus by the Company.

③ The Members are prohibited from processing or selling information or content obtained through the Service.

④ The Company may delete the posted materials of the Members whose membership is terminated voluntarily or by the Company on reasonable grounds.

Article 18 (Insertion of Advertisements and Transactions with Advertisers)

① To provide better Service, the Company may invest all or part of its advertising revenue to improving the Service. As such, Users consent to being exposed to advertisements while using the Service.

② The Company shall not take responsibility for any losses or damages inflicted on the Members as a result of their participation in advertisers’ sales promotion activities delivered through the Service or rendered as part of the Service or as a result of communications or transactions between the respective Members and advertisers.

Article 19 (Provision of Programs)

① The Company may recommend the installation of separate programs required for the use of the Service (hereinafter referred to as “Software”), and the Members may refuse to install such Software.

② The Company may collect and use data about Users’ computers and devices as an extension of its support provided to Users in relation to Software.

③ The Company is prohibited from using the data specified in Paragraph 2 hereinbefore for any purposes other than enhancing Software or providing Services or technological innovations suited for the user environment.

④ The Company may use the computer and network resources of certain Users as follows to more effectively transmit large volumes of data.

1. Software may utilize Users’ computer network devices if needed.
2. Software may utilize Users’ computer storage devices.
3. Software may be automatically activated on Users’ computers regardless of Users’ intention.

Article 20 (Time of Service Availability)

① The Service is available 24 hours a day and every day of the year unless deterred by technical problems, regular inspections, and other unavoidable circumstances of the Company.

② The Company may divide the Service into segments and designate the time of availability of each segment. In such cases, the Company shall notify the related timeframe to the Members.

Article 21 (Responsible Use of the Service)

The Members are prohibited from selling products using the Service provided by the Company or engage in any business activities through hacking, posting money-making advertisements or links to pornographic sites, distributing illicit software programs, etc. The Company shall not be responsible for any consequences resulting from such business activities, related losses, and penalties imposed by relevant authorities or other legal measures taken as a result of Users’ failure to comply with the provisions hereinbefore.

Article 22 (Suspension of the Provision of Services)

① The Company may suspend the provision of the Services in the following cases.

1. When repair, etc., is inevitable in relation to the Services equipment
2. When major telecommunications service providers specified in the Telecommunications Business Act suspend the provision of telecommunications services
3. When other force majeure events occur

② The Company may limit or suspend a part or the entirety of the Services if the normal provision of the Services is deemed difficult due to a state of national emergency, a blackout, technical problems in relation to the Services equipment, a large volume of Users accessing the Services, etc.

③ When limiting or suspending the Services pursuant to Paragraphs 1 and 2 hereinbefore, the Company shall immediately provide notification of the background and projected period of such a limitation or suspension.

④ The Company may alter a part or the entirety of the Services if such an alteration is required due to justifiable reasons such as its business operation or technical needs.

⑤ When altering the details, methods, time, etc., regarding the use of the Services pursuant to the preceding Paragraph, the Company shall post information about the changes to be made to the Services, the date of application of the altered Services, etc., on the home page of the Mnet Plus website or mobile app prior to such an alteration.

⑥ The Company may alter, modify, or suspend the Services offered free of charge if such an alteration, modification, or suspension is required due to justifiable reasons such as the business operation or technical needs of the Mnet Plus website or mobile app. Such an alteration, modification, or suspension shall be notified via the home page of the Mnet Plus website or mobile app. Unless otherwise specified in relevant laws, the Members shall not be compensated for such an alteration, modification, or suspension of such Services as they are free of charge.

Article 23 (Separate Terms and Conditions for Different Services)

In addition to the Terms and Conditions, separate terms and conditions (or notifications) may apply to the use of certain  Services. If the provisions of such separate terms and conditions conflict with the provisions of the Terms and Conditions, those deemed most appropriate for the respective Service shall govern and control its use.

Article 24 (Special Regulations for Overseas Users)

The Company strives to comply with the laws and requirements of the respective countries of non-Korean citizen Users while offering standard Services universally accessible by all. The requirements prescribed in this Article apply to the Members who use the Services in countries other than the Republic of Korea.

① The Members must consent to the Company’s collection of data, including their personal information, and the submission and storage of such data in Korea.

② Users who reside in countries listed as a country subject to the prohibition of export-and-import transactions or subject to special economic sanctions by the Korean government are prohibited from participating in or using commercial Services (e.g., advertising, transactions, etc.).

Chapter 5 Termination and Restriction of the Use of the Service

Article 25 (Termination and Restriction of the Use of the Service)

① A Member who wishes to terminate the Service Use Contract may terminate the use of the Service by withdrawing from the membership.

② If a Member falls under any of the following Subparagraphs, the Company is entitled to terminate the Service Use Contract or suspend the use of the Service for a preset period of time without prior notification.

1. The Member illegally uses the personal information, email addresses, and/or accounts of others.
2. The Member harms the reputation or credibility of other individuals or entities or engages in any act that inflicts damage on others.
3. The Member infringes on the intellectual property rights of the Company, other Members, or a third party.
4. The Member intentionally disseminates or circulates content injurious to the wellbeing of society and public morals.
5. The Member uses or plans to use the Service under the aim of harming national interests or public interests
6. The Member intentionally disrupts the operation of the Service.
7. The Member transmits large volumes of information or advertising information under the aim of disrupting the stable operation of the Service.
8. The Member disseminates or circulates any computer virus that may cause the malfunction of information and telecommunications devices and equipment or loss of data.
9. The Member receives a corrective order or other administrative order from the Personal Information Protection Commission, Korea Communications Commission, or any other regulatory institution or an authoritative interpretation or other administrative order of the National Election Commission in relation to an illegal election campaign.
10. The Member reproduces, distributes, or uses for commercial purposes information obtained through the Company’s Service (including databases) without the prior approval of the Company.
11. The Member posts any obscene material on the bulletin or a link to a pornographic website or mobile app.
12. The Member violates policies and other terms and conditions of the Company in relation to copyrighted materials, his/her postings, etc.
13. The Member has not accessed Mnet Plus to use the Service for a duration of one year or longer, provided that the Company shall provide notification of its plan to terminate the Service Use Contract to the respective Member in advance and provide the option to maintain the Service Use Contract.

③ When the Service Use Contract between a Member and the Company terminates, the Company shall immediately discard all information related to the respective Member except for the following cases.

1. The information is required to be preserved as an exception pursuant to relevant laws.
2. The information is required to be preserved for the next 30 days to prevent damage likely to be inflicted on the respective Member or to facilitate the provision of customer service to the respective Member.

④ The Company may restrict the use of the Service pursuant to relevant laws to protect youth from harmful media content. (Please refer to the Company’s Youth Protection Policy posted on the Mnet Plus website.)

Chapter 6 Indemnification and Others

Article 26 (Indemnification)

The Company shall not be held liable for any damages inflicted on a Member in relation to the use of the Service provided free of charge unless such damages have been caused by the Company’s intentional legal violation or gross negligence.

Article 27 (Exemption)

① The Company shall be exempt from liability for nonperformance of the provision of the Service if such nonperformance has resulted from natural disasters or any equivalent force majeure events.

② The Company shall not be responsible for technical problems incurred by reasons attributable to its Members in relation to the use of the Service.

③ The Company shall not be responsible for any losses resulting from its Members’ actions in expectation of profit from the use of the Service or any damages inflicted on its Members due to data obtained through the Service.

④ The Company shall not be responsible for the credibility and accuracy of information, data, facts, etc., posted on its website by its Members.

⑤ The Company shall not be responsible for any damages inflicted on its Members in relation to the use of the Service if such damages have resulted from the respective Members’ intentional legal violation or negligence.

⑥ The Company shall not be responsible for its Members’ civil or criminal issues arising from the infringement of patents, trademarks, copyrights, trade secrets, or other intellectual property rights of the Company or a third party during their use of the Service.

Article 28 (Jurisdiction)

The parties hereto agree that any suit, action, or proceeding out of or in connection with the use of the Service shall be brought in the district court with jurisdiction over the address of the User at the time of the filing of such a suit, action, or proceeding, or of the location of residence if the address of the User is unidentified, provided that if the address or the location of residence of the User is unidentified at the time of the filing of such a suit, action, or proceeding, or if the User resides outside of Korea, the suit, action, or proceeding shall be brought in the court with subject matter jurisdiction pursuant to the Civil Procedure Act of the Republic of Korea.

[Supplementary Provision]

1. The current Terms and Conditions shall take effect on October 4, 2022.