Article 1 (Purpose) The purpose of these Terms and Conditions is to stipulate the rights, obligations, and responsibilities between SM Entertainment Co., Ltd. (henceforth referred to as the "Company") and users in relation to SMTOWN services and usage thereof provided by the Company.
Article 2 (Effect of Terms and Conditions)
② If necessary, the Company may make revisions to these Terms and Conditions within the scope not violating relevant laws.
③ When making revisions to these Terms and Conditions, the Company notifies the revised Terms and Conditions, along with the currently effective Terms and Conditions, at least 7 days before the effective date of the revised Terms and Conditions, with the application date and reasons for the revision specified. However, in the event that the revised content significantly affects the rights and obligations of the members, the revision will individually be sent to members via email or notification means within the service 30 days before the application date.
④ Even though the Company has announced in accordance with the preceding paragraph or announced during notification that failure to express intention of refusal until 7 days after the effective date of the revised Terms and Conditions will be deemed as an acceptance of the revision if a member does not express any intention of refusal, the member is deemed to have agreed to the revised Terms and Conditions. If a member does not agree to the revised Terms and Conditions, they may terminate the Service Use Agreement in accordance with Article 14 herein.
⑤ Members may not agree or disagree with only a part of these Terms and Conditions.
⑥ Even though the Company has carried out the obligations under this Article, if a member suffers damage due to their lack of knowledge of the revision of the Terms and Conditions, the Company will not be held liable for such damage, unless there is willful misconduct or gross negligence of the Company.
Article 3 (Rules other than the Terms and Conditions) Unless otherwise specified, matters not covered by these Terms and Conditions shall be governed by the Framework Act on Telecommunications and other applicable laws.
Article 4 (Definition of Terms)
① The terms used in these Terms and Conditions are defined as follows.
1. Service: Refers to all services and functions provided by the Company under these Terms and Conditions.
2. User: Refers to members and non-members using the service.
3. Member: Refers to a person who signs up as a member in accordance with Article 5 herein and uses the service.
4. ID: Refers to the email address used during membership signup.
5. Password: Refer to a combination of words/numbers/symbols set by members to safeguard their data.
6. Log record: Refers to IP addresses, access times, etc. automatically generated as users use the service.
② The meaning of terms not defined in paragraph (1) follows general practices.
Article 5 (Formation of the Agreement)
① The application for service use is made when a person who intends to use the service (henceforth referred to as the “Applicant”) enters certain information in the signup application form on the SMTOWN website’s signup page.
② The Company approves the membership application when the applicant provides the required information on the membership application form in accordance with Paragraph 1. However, the Company may disapprove or delay its approval of the application in the following circumstances.
1. Technical issues with the application's approval
2. The applicant used an alias or another person's name
3. The applicant provided false information for the required information when signing up for membership
4. The applicant does not meet the conditions for application set forth by the Company
5. The applicant intends to harm the peace, order, or good customs of the society
6. The applicant does not meet the conditions for application set forth by the Company
7. The applicant had lost the membership status previously by these terms and conditions; however, not if the Company approves the member's membership application one year after the loss of membership
8. The Company has sufficient grounds to delay the application's approval.
9. The Company prohibits applications by users under the age of 14. By explicitly agreeing to the statement that they are over the age of 14, the applicant represents and warrants that they are over the age of 14.
③ If the user clicks "sign up" during the registration process, they are deemed to have accepted these terms and conditions.
Article 6 (Contents of Service)
The Company provides services, including discounts, to members who utilize the Company's overall facilities; service-specific information will be posted separately on the homepage.
Article 7 (Obligations of the Company)
Without the member's consent, the company will not disclose or leak the member's identity information obtained in connection with the provision of services to a third party. The foregoing shall not apply, however, if a request is made by a national institution pursuant to the provisions of the Framework Act on Telecommunications, etc. if required by a criminal investigation, if a request is made by the Korea Internet Safety Commission, or if a request is made pursuant to other procedures specified by relevant laws and regulations.
Article 8 (Obligations for Member ID and Password Management)
② Members are responsible for the management of the ID, password, and other personal information, and therefore must not transfer or lend such information to others. Members are advised to take measures to prevent such information from being leaked. When becoming aware that their ID or password is used by another person, the member should immediately notify the customer center, and follow any instructions provided.
③ The Company will not be held liable for any damage caused by the member's failure to carry out paragraph (2) unless there is willful misconduct or gross negligence of the Company.
Article 9 (Change of Member Information)
① Members have complete access to their personal information and can update it at any time.
② If a member's personal information changes after submitting an application for membership, the member must make the change online.
③ The Company is not liable for any losses incurred as a result of a member's failure to inform the company of changes.
Article 10 (Obligations of Member)
① The Member shall observe matters notified by the Company, such as applicable laws, provisions of these terms and conditions, the user guide, and warnings, and shall not engage in conduct that disrupts the operation of the Company.
② The Member may not engage in any for-profit activity using the Company's services without the prior consent of the Company.
③ The Member may not copy, reproduce, change, translate, publish, broadcast, or otherwise use the information obtained through the service or provide it to others without the Company's prior consent.
④ The Member is prohibited from engaging in the following activities in relation to the use of the Company's service:
1. Illegal use of another Member's ID
2. Any act with the intent to commit a crime or other acts related to a crime
3. Any act that is detrimental to good custom or social order
4. Character defamation or humiliation
5. Any act that violates the rights of another person, such as intellectual property
6. Any act of hacking or virus distribution
7. Any act of transmitting advertisements against the will of another individual
8. Any act that disrupts or threatens to disrupt the stable operation of the services
9. Any act that violates other applicable laws
Article 11 (Provision of Information and Posting of Advertisements)
① The Company may provide various information to members by posting it on the service screen while operating the service.
② The Company may post advertisements on the service screen or via email addresses in connection with the operation of the service.
Article 12 (Entrustment of Personal Information Processing)
Article 13 (Suspension of Service Provision)
The Company may discontinue service provision in any of the following instances.
① Unavoidable system maintenance
② Suspension of the telecommunication service by the facilities-based telecommunications business operator as specified in the Telecommunications Business Act
③ Other reasons preventing the Company from providing the service
Article 14 (Termination of the Agreement and Restriction of Use)
① If a member intends to terminate the Service Use Agreement, they may log into their account and click the "Delete Account" button at any time to request to cancel membership. However, membership cancellation will be pending for 30 days after clicking the "Delete Account" button, and the membership cancellation may be withdrawn during this period.
② If the Member violates these terms and conditions and fails to remedy the violation within the time specified by the company, the Company may terminate the Service Use Agreement.
③ If the Member violates these terms and conditions or disrupts the normal operation of the services, the Company may restrict the Member's use of the services progressively, beginning with a warning and progressing to temporary suspension and permanent suspension.
Article 15 (Free Service)
Except in cases where the damage is caused by the Company's gross negligence, the Company shall not be liable for any damage to the Member in relation to the free service provided.
Article 16 (Indemnification and Compensation)
① The company is not responsible for the accuracy or veracity of the member's posted information, data, facts, etc. The member uses the service at his or her own risk and is responsible for any damage caused by data posted or transmitted by him or herself, as well as any disadvantages resulting from the selection of materials or the use of other services.
② The company is not liable if a member violates Article 10 herein and conducts product transactions with another member or a third party via the service.
③ Members are responsible for any damage resulting from the negligent management and use of their member ID and password, as well as any unauthorized use of their ID and password by a third party.
④ If the company is liable to the member or a third party and suffers damages as a result of a member's violation of these terms and conditions, the member who violated these terms shall compensate the company for any damages and indemnify the company against such damages.
Article 17 (Limitation of Liability)
① The company is exempt from responsibility for service provision if it cannot provide the service due to a natural disaster or equivalent force majeure.
② The company is not liable for any impediments to service use that are attributable to the member.
③ The company is not responsible for the veracity and accuracy of the information, data, and facts posted by members in connection with the service.
④ In the event of transactions between members or between members and third parties using the service as a conduit, the company is exempt from liability.
⑤ The company is not responsible for the use of free services unless specific provisions exist in the applicable laws.
Article 18 (Governing Law and Jurisdiction)
① The law of the Republic of Korea governs the proceedings filed between the company and the member.
② A proceeding involving a dispute between the company and the member will be filed in the court with jurisdiction according to the Civil Procedure Act.
- Announcement date: Sep 19, 2023
- Application date: Oct 4, 2023