Integrated Membership Terms and Conditions for THE BLACK LABEL

  • Article 1 (Purpose)
  • Article 2 (Definitions)
  • Article 3 (Disclosure and Amendment of Membership Terms)
  • Article 4 (Membership Registration and Withdrawal)
  • Article 5 (Rights and Obligations of User)
  • Article 6 (Rights and Obligations of Company)
  • Article 7 (Intellectual Property Rights)
  • Article 8 (Restrictions on Use of Services, etc.)
  • Article 9 (Modification and Suspension of Services)
  • Article 10 (Notices)
  • Article 11 (Compensation for Damages)
  • Article 12 (Governing Law and Jurisdiction)

Article 1 (Purpose)

The purpose of these Integrated Membership Terms and Conditions (the "Membership Terms") is to set forth the terms of membership registration and withdrawal, the rights, obligations, and responsibilities of the Company and the User, and the conditions for the use of the Services provided on the Platform operated by THE BLACK LABEL Inc. (the "Company").

Article 2 (Definitions)

2.1 The definitions of the terms used in these Membership Terms are as follows:

  • 2.1.1 "Platform" refers to

    the Fan Communication Application and/or Online Store operated by the Company.

  • 2.1.2 "Fan Communication Application" refers to

    the mobile application designed for communication between the Artist and fans.

  • 2.1.3 "Online Store" refers to

    the internet website (including the mobile website) used for the sale and sales brokerage of goods by the Company.

  • 2.1.4 "Services" refers to

    the services provided to the User on the Platform.

  • 2.1.5 "User" refers to

    a person who registers as a member of the Platform following the procedures set forth in these Membership Terms and uses the Services.

  • 2.1.6 "ID" refers to

    a combination of uppercase and/or lowercase English letters and/or numbers designated by the User for membership registration and use of the Services.

  • 2.1.7 "Password" refers to

    a combination of uppercase and lowercase English letters, numbers, and special characters designated by the User for verification of the User's identity and protection of their confidentiality.

  • 2.1.8 "Artist" refers to

    an individual popular culture artist or a group of such artists affiliated with the Company.

  • 2.1.9 "Content" refers to

    symbols, characters, graphics, colors, voices, audio, images, videos, etc., including any combinations thereof.

2.2 Any terms not defined in these Membership Terms shall have the meanings ascribed to them by applicable laws or regulations, or commercial practices.

Article 3 (Disclosure and Amendment of Membership Terms)

  • 3.1 The Company shall disclose (1) these Membership Terms and (2) the Company's name, address, representative, telephone number, email address, business registration number, telecommunication sales business registration number on the main screen of the Platform to make them easily accessible to the User; provided that the Company may alternatively provide a link to allow the User to view these Membership Terms.
  • 3.2 The Company may amend these Membership Terms as necessary, to the extent such amendment does not violate any applicable laws or regulations, including the Act on the Regulation of Adhesion Contracts and the Act on the Consumer Protection in Electronic Commerce.
  • 3.3 If the Company amends these Membership Terms, the Company shall disclose the amended Membership Terms, the effective date thereof and the reasons for such amendment, along with the current Membership Terms on the main screen of the Platform at least seven (7) days prior to the effective date until the day before the effective date; provided, however, that if such amendment is disadvantageous to the User, the disclosure shall be made at least thirty (30) days prior to the effective date.
  • 3.4 If the Company, at the time of the disclosure of the amendment of these Membership Terms pursuant to Section 3.3, explicitly notifies the User that their failure to express an objection to the amended Membership Terms between the date of such disclosure and the effective date of the amendment will be deemed an acceptance by the User of the amended Membership Terms, then any User who fails to express an objection to the amended Membership Terms within that period shall be deemed to have accepted to the amended Membership Terms; provided, however, that any User who explicitly expresses an objection to the amended Membership Terms within the above period will continue to be subject to the previous Membership Terms.

Article 4 (Membership Registration and Withdrawal)

  • 4.1 A person who intends to register as a member must access the Platform and apply for membership registration in accordance with the Company's membership registration process, which includes providing an ID, Password, and other required information to the Company, and agreeing to these Membership Terms and the Company's collection and use of personal information.
  • 4.2 A person who applies for membership registration pursuant to Section 4.1 (the "Applicant") must select a single version (Korean, English, Chinese, or Japanese) of the Online Store they wish to use (this is limited to when applying for membership registration via the Fan Communication Application; when applying for membership registration via a version of the Online Store, that same version of Online Store will automatically be selected).
  • 4.3 The Company shall verify the Applicant's identity using the personal information, such as email address or mobile phone number, provided by the Applicant during the membership registration process (this is limited to when applying for membership registration via the Online Store; when applying for membership registration via the Fan Communication Application, the identity verification will be conducted upon the Applicant's first access to the Online Store after membership registration).
  • 4.4 The Company may refuse an Applicant's application for membership registration in the following cases:
    • The Applicant fails to follow the Company's membership registration process;
    • The information provided by the Applicant is false, erroneous, or incomplete;
    • The Applicant is under sixteen (16) years of age;
    • The Applicant attempts to register as a member with fraudulent intent or by fraudulent means, or there is any suspicion of such circumstances;
    • Operational or technical issues have arisen regarding the operation of the Platform; or
    • The Applicant's application for membership registration violates applicable laws or regulations, or the Company's regulations, including these Membership Terms, or harms public order or good morals.
  • 4.5 If any of the events listed under Section 4.4 (excluding paragraph (e)) is discovered to have existed at the time of the User's application for membership registration, the Company may cancel the User's membership registration, in which case the Company will notify the User of the planned cancellation and, prior to the cancellation, provide the User with an opportunity to explain or rectify the situation within a period of at least fifteen (15) days.
  • 4.6 The User may request withdrawal from membership at any time; provided, however, that the User cannot retract or cancel their request for withdrawal.
  • 4.7 The Company shall process the User's membership withdrawal after a period of thirty (30) days from the date of receiving the withdrawal request from the User. During this period, the User will not be able to log in to the Platform or use the Services.
  • 4.8 If the User has any outstanding obligations to the Company (including payments for goods purchased from the Online Store), the Company may withhold processing the User's withdrawal until they fulfill their obligations.

Article 5 (Rights and Obligations of User)

  • 5.1 The User may use the Services by logging in to the Platform with their registered ID and Password; provided, however, that certain Services may require additional procedures such as agreeing to the terms of use for such Services or consenting to the collection and use of personal information.
  • 5.2 Notwithstanding the main sentence of Section 5.1, a person who registered as a member of the Fan Communication Application before the effective date of these Membership Terms must complete the membership registration process under Article 4 anew if they wish to continue using the Services provided in the Fan Communication Application after the effective date of these Membership Terms.
  • 5.3 The User must manage their ID and Password to prevent unauthorized disclosure, and must immediately notify the Company if they become aware of any such disclosure.
  • 5.4 The User shall immediately notify the Company of any changes to their personal information registered on the Platform. The Company shall not be liable for any damages incurred as a result of the User's failure to notify the Company of such changes, unless such damages are caused by the Company's willful misconduct or gross negligence.
  • 5.5 The User shall not engage in any of the following activities in relation to the use of the Platform:
    • Using another person's information without authorization or providing false information to the Company;
    • Transferring or lending membership status, or facilitating such activities;
    • Using, modifying, or deleting any Content posted on the Platform by the Company or any third party (including Artist; the same shall apply hereinafter in this Article) without proper authorization;
    • Disrupting the Company's operation of the Platform or the use of the Platform by any third party, through illegal means such as installing or distributing malware or viruses, or hacking;
    • Infringing the intellectual property rights or other rights of the Company or any third party;
    • Defaming, insulting or interfering with the business of the Company or any third party;
    • Posting on the Platform or transmitting to the Company or any third party any Content that is obscene or violent, induces fear or disgust, promotes unfair discrimination or speculative activities, or otherwise prohibited from distribution under the Act on Promotion of Information and Communications Network Utilization and Information Protection; or
    • Engaging in any other activities that violate applicable laws or regulations, the Company's regulations, including these Membership Terms, or harm public order or good morals.

Article 6 (Rights and Obligations of Company)

  • 6.1 The Company reserves all rights relating to the Platform.
  • 6.2 The Company may post its own advertisements or third-party advertisements on the Platform; provided, however, that the Company shall not transmit commercial advertising information to the User via electronic transmission media without the User's explicit prior consent.
  • 6.3 The Company shall make efforts to provide the User with continuous and stable Services.
  • 6.4 The Company shall establish and maintain a privacy policy to protect the User's personal information processed in connection with the operation of the Platform.

Article 7 (Intellectual Property Rights)

  • 7.1 The Company reserves the copyright and any other rights protected under the Copyright Act for any works created by the Company.
  • 7.2 The User shall not, without prior approval from the Company, use or allow any third party to use, any information or materials obtained through the use of the Platform that are subject to the Company's intellectual property rights for commercial purposes, by means of reproduction, transmission, publication, distribution, broadcasting, or any other methods.

Article 8 (Restrictions on Use of Services, etc.)

  • 8.1 The Company may take the following measures against the User who has breached Section 5.5. The measures to be taken by the Company shall be determined reasonably, taking into consideration the nature, severity, frequency, and circumstances of the breach, and two or more measures may be imposed simultaneously.
    • Warning;
    • Deletion of or restriction of access to posts;
    • Restriction on the use of the Services; or
    • Loss of membership status.
  • 8.2 The Company shall notify the User of the measures to be taken pursuant to Section 8.1 and, prior to taking such measures, provide the User with an opportunity to explain or rectify the situation within a period of at least fifteen (15) days; provided, however, that if it is evident that the User has breached Section 5.5 and prompt action is required under applicable laws or regulations, the Company may take the measures listed under Section 8.1 without giving the User notice or an opportunity to explain.
  • 8.3 If the Company determines that the User breached Section 5.5 but further verification of relevant facts is necessary, the Company may temporarily take the measures under paragraph (b) and/or (c) of Section 8.1 against the User for a period not exceeding seven (7) days, without giving the User notice or an opportunity to explain.
  • 8.4 The User who has received notice or measures pursuant to Section 8.2 or temporary measures pursuant to Section 8.3 may submit an objection to the Company. If the Company determines that the User's objection is valid, the Company shall retract or cancel such measures.
  • 8.5 The Company shall cancel the membership registration of the User whose loss of membership status has been finalized pursuant to this Article.
  • 8.6 The Company shall not be liable for any damages incurred by the User as a result of measures imposed pursuant to this Article, unless such damages are caused by the Company's willful misconduct or gross negligence.

Article 9 (Modification and Suspension of Services)

  • 9.1 The Company may modify the content of the Services for substantial operational or technical reasons; provided, however, that any modification that materially affects the rights or obligations of the User shall be notified on the main screen of the Platform at least thirty (30) days prior to the effective date of such modification.
  • 9.2 The Company may temporarily suspend the provision of the Services for maintenance, inspection, replacement, or malfunction of the Company's information and communications equipment or systems, or other similar reasons, in which case the Company will provide the User with prior notice in the manner specified in Article 10; provided, however, that such prior notice may be omitted if it is impossible or significantly difficult to provide.
  • 9.3 The Company may permanently suspend the provision of the Services for significant business reasons, in which case the Company will notify the suspension of the Services on the main screen of the Platform at least thirty (30) days prior to the effective date of such suspension.
  • 9.4 Notwithstanding the main sentence of Section 9.1 and the first sentence of Section 9.3, the Company may, if necessary, modify or suspend any of the Services provided free of charge, in which case the proviso of Section 9.1 or the second sentence of Section 9.3 shall apply mutatis mutandis.
  • 9.5 The Company shall not be liable for any damages incurred by the User due to modification or suspension of the Services pursuant to this Article, unless such damages are caused by the Company's willful misconduct or gross negligence.

Article 10 (Notices)

  • 10.1 The Company may provide individual notices to the User by sending emails to their email address, text messages to their mobile phone number, or by other means.
  • 10.2 Where it is necessary to give notice to an unspecified number of Users, the Company may substitute individual notices by posting the details of such notices on the main screen of the Platform for at least seven (7) days.

Article 11 (Compensation for Damages)

  • 11.1 If the User causes any damage to the Company while using the Platform by violating applicable laws or regulations, or the Company's regulations, including these Membership Terms, the User shall compensate the Company for such damages.
  • 11.2 The Company shall not be liable for any damages arising from the User's use of the Platform, unless such damages are caused by the Company's willful misconduct or gross negligence.
  • 11.3 The Company makes no warranties regarding the reliability or accuracy of any information or materials posted by the User on the Platform.

Article 12 (Governing Law and Jurisdiction)

  • 12.1 The interpretation of these Membership Terms and any disputes arising between the Company and the User shall be governed by the laws of the Republic of Korea.
  • 12.2 The court of competent jurisdiction for any lawsuit filed between the Company and the User shall be a court within the Republic of Korea, as determined in accordance with the Civil Procedure Act of the Republic of Korea.

Addendum

  • These Membership Terms shall take effect as of April 14, 2025.