Terms of Use
Article 1 (Purpose)
- ① The purpose of the Berriz Terms of Use (these “Terms”) is to stipulate basic matters, such as the respective rights, obligations and responsibilities of Kakao Entertainment Corp. (the “Company”) and users of the Service (the “Members”) in connection with the Members’ use of the Berriz service provided online via mobile, PC and other devices by the Company (the “Service”).
- ② These Terms apply to all embers who wish to use the Berriz service in South Korea and worldwide.
Article 2 (Definition of Terms)
- ① The terms used in these Terms shall have the following meanings:
- 1. Company: shall mean Kakao Entertainment Corp., a South Korean company and the entity that provides the Service to the Members.
- 2. Member: shall mean any user who agrees to these Terms and enters into a contract with the Company to use the Service.
- 3. Service: shall mean the global online fan community service provided by the Company via mobile, PC or other devices, which includes a communication channel between artists and fans, provision of various artist-related content and the feature to upload posts and leave comments, etc.
- ② In addition to these Terms, details about personal data and usage relating to the Service are also provided in the privacy policy and service guidelines listed below, as well as any additional terms of use, policies and guidelines that may be added in the future:
- 1. Berriz Privacy Policy (새창열림)[link]
- 2. Berriz Service Guidelines (새창열림)[link]
- ③ Any terms not defined in this Article shall be interpreted in accordance with applicable las and regulations or as determined by the Service.
Article 3 (Membership Sign-up and Service Use Contract)
- ① A person who wishes to use the Service must create a service account by signing up as a Member.
- ② If the user agrees to these Terms and signs up as a Member, the service account is created upon the Company’s approval, and a service use contract is formed when the Company’s approval is communicated to the user, granting Member status to the user.
- ③ The Member must provide accurate and up-to-date information during the sign-up process, and any collection, storage and use of personal data shall be subject to separately posted privacy policy and individual consent form.
- ④ The Company may reject a sign-up application or terminate a service use contract after approval if the Company determines in its reasonable discretion to do so after any instances of inappropriate system access, account theft or providing false information at sign-up are found.
- ⑤ These Terms shall go into force immediately upon the Member’s consent hereto and remain in full force until withdrawal of membership by such Member, although certain provisions of the Terms may survive any withdrawal of membership by the Member.
Article 4 (Special Provisions on Membership Sign-up by Children)
- ① Users who are: i) under fourteen (14) years of age in South Korea, ii) thirteen (13) years of age in the United States, iii) 14 years of age in the People’s Republic of China, iv) sixteen (16) years of age in other countries (collectively, “Children”) must fully understand the purpose of collecting and using their personal information and obtain the consent of their parent or legal guardian before signing up for membership and providing their personal information.
- ② The Company will cancel or deny membership registration for Children who do not go through the verification process for parental or legal guardian consent.
- ③ Parents or legal guardians of Children may ask to access, correct or update Children’s personal information or withdraw their consent for membership sign-up, and the Company must take the necessary measures without delay.
Article 5 (Amendment)
- ① The Company may amend these Terms to the extent such amendment does not violate any applicable laws.
- ② If the Company amends these Terms, the Company shall notify the Members of the changes, including the effective date of and reasons for such changes, at least 7 days before the effective date. If the changes are unfavorable to the Members, the Company shall notify the Members at least 30 days in advance within the Service and via individual emails.
- ③ If a Member cannot be individually notified because an incorrect email was provided at sign-up or the Member’s email address has since changed, or the email was returned even if addressed to the email address provided by such Member, the Company may post it in the notifications section within the Service for at least 7 days in lieu of individual notification emails.
- ④ If a Member does not consent to the amendment of these Terms, such Member may terminate the service use contract that was formed by consenting to these Terms at sign-up and stop using the Service.
- ⑤ If a Member does not explicitly express intent to object to a particular amendment of these Terms despite the Company indicating that failure to object prior to the effective date therefor will be deemed as consent when notifying the Members or posting the details of the amendment of these Terms in accordance with this Article, such Member shall be deemed to have consented to the amended Terms.
Article 6 (Modification and Suspension of Service)
- ① The Company may modify parts of the Service if necessary. However, if a modification materially affects the rights and obligations of the Members, such modification shall be made in accordance with the notice and notification procedures outlined in Article 4.
- ② The Company may conduct periodic maintenance if necessary for the provision of the Service, and part or all of the Service may be temporarily restricted or suspended during such maintenance. The Company may also temporarily restrict or suspend part or all of the Service due to significant operational reasons, such as maintenance, replacement or malfunctioning of telecommunications facilities necessary for the Service or communication failure.
- ③ The Company may discontinue the provision of the Service due to material business reasons and decisions, and in the event of such discontinuation, Members shall be notified sufficiently in advance.
Article 7 (Providing Information and Displaying Advertisements)
- ① The Company may display on the Service screen or provide to Members via pop-up windows, push notifications, emails, text messages and KakaoTalk channel messages, etc. various information or advertisements in connection with the operation of the Service.
- ② Regarding Clause 6.1, Members may opt out of receiving any emails other than transaction-related information pursuant to applicable laws and responses to Member’s inquiries at any time, and the Company shall clearly specify the opt-out procedure. However, the Company shall obtain the Member’s consent in advance when sending advertisements or any information other than transaction-related information exempt from consent requirements under applicable laws.
- ③ Any interaction or transaction between a Member and an advertiser resulting from advertisements on the Service shall be entirely between the particular Member and advertiser. In the event of a dispute between the Member and the advertiser, they shall resolve it on their own, and absent any intentional acts or gross negligence by the Company, the Company shall have no liability whatsoever for such dispute.
Article 8 (Obligations of the Members)
- ① Members may use the content (posts, media clips, live streams, artist profiles, etc.) provided through the Service for personal and non-commercial purposes only, and Members are allowed to engage in other activities permitted by the Company, such as posting comments to the content.
- ② Members do not acquire any rights to the content beyond the limited scope specified in Clause 7.1, and Members may not use the content beyond the authorized scope.
- ③ Members shall not engage in any of the following activities in connection with use of the Service, and there may be civil or criminal liability for engaging in them without the Company’s consent:
- 1. Using the Service or content for commercial purposes;
- 2. Reproducing or distributing the content without authorization;
- 3. Engaging in defamatory or slanderous conduct to the Company or third parties;
- 4. Infringing upon the intellectual property rights of the Company or third parties;
- 5. Interfering with the Company’s provision of the Service;
- 6. Pretending to be or represent the Company or a third party and disseminating false or misleading information;
- 7. Accessing the server or network system for the Service in an unauthorized manner;
- 8. Violating any applicable laws relating to the use of the Service; and
- 9. Engaging in any other activities that disrupt the normal operation of the Service by the Company
- ④ Members shall keep confidential and avoid providing or disclosing to third parties their account password. If someone other than the Member knows the password, or unauthorized access to account is suspected, such Member shall immediately change the password and inform the Company.
- ⑤ Members shall also refrain from engaging in any activities prohibited by the Berriz Service Guidelines in addition those prohibited by this Article 7 in connection with the use of the Service, and the Company is entitled to take any measures authorized under these Terms and the Berriz Service Guidelines in the event of violation by a Member.
Article 9 (Removal of Posts)
- ① The Company may remove any posts uploaded or transferred by Members within the Service (including those transferred between Members) with prior notice if they fall under any of the following categories, provided, however, that the Company may take the necessary measures first and provide notice afterwards if the Member’s contact information is invalid or it is an emergency:
- 1. the post is defamatory or slanderous against the Company or third parties;
- 2. the post corrupts the public order and morals;
- 3. the post is determined to be linked to a criminal activity;
- 4. the post infringes upon the copyright pr other legal right of the Company or third parties;
- 5. the post is an unauthorized advertising material;
- 6. the post is not related to the Service provided by the Company;
- 7. posting period as stipulated or guided by the Company has been exceeded; or
- 8. the post is deemed to violate any applicable laws or the Company’s policy
- ② The Company may implement and enforce additional terms and conditions regarding the upload and removal of posts in the Berriz Service Guidelines, and Members shall comply with any such additional terms and conditions imposed by the Company.
Article 10 (Copyright to Posts)
- ① The copyright to any post created and uploaded by a member (including transfer between Members) shall vest to the Member, and the Company shall have the right to display it within the Service.
- ② The Company may not use a post for any purpose other than displaying it within the Service without the Member's consent.
- ③ The Company shall have no civil or criminal liability whatsoever even if a post displayed within the Service by a Member infringes upon the copyrights or program copyrights of third parties absent any intentional acts or gross negligence by the Company. If any claim for damages is brought against the Company due to copyright infringement by a Member, such Member shall use best efforts to defend, hold harmless and indemnify the Company from such claim. If the Member fails to completely indemnify the Company from the claim, the Member shall compensate the Company for damages suffered by the Company in connection with the claim.
- ④ The Company may remove any posts uploaded by a Member whose service contract is terminated by the Member or with reasonable cause. If a post uploaded by a Member contains content that violates applicable laws, such as the Act on Promotion of Information and Communications Network Utilization and Data Protection and the Copyright Act, the rightsholder or the person concerned may request suspension or removal of such post by the Company in accordance with the procedure outlined in the applicable laws, and the Company shall take measures in accordance with the applicable laws.
- ⑤ The Company may temporarily restrict access to or remove certain posts in accordance with applicable laws if the posts are found to be defamatory, invasive of third party’s privacy or in violation of applicable laws, even in the absence of a request to do so from the rightsholder or the person concerned.
- ⑥ Copyright and other rights to any posts and content created by the Company shall vest to the Company.
- ⑦ Members are prohibited from using, or allowing third parties to use, any material posted within the Service for profit, including but not limited to processing and selling information gained from using the Service, and infringement of copyright to the posts shall be governed by applicable laws
Article 11 (Company's Obligations)
- ① The Company may not disclose or distribute a Member’s personal data to third parties without the Member’s consent, unless legally required or requested by authorities for investigation purposes or the Communications Commission pursuant to applicable laws.
- ② The Company shall promptly address any complaints about the Service submitted by the Members, and if a prompt resolution is difficult, the reason for the delay and expected timeline for resolution shall be notified to the Members either by email or displaying it on the Service screen.
- ③ The Company shall compensate Members for any damages caused by the Company’s failure to perform any of its obligations hereunder.
- ④ The Company shall comply with all applicable laws relating to the operation and maintenance of the Service, such as the Act on Promotion of Information and Communications Network Utilization and Data Protection and the Personal Information Protection Act.
Article 12 (Termination of Contract and Service Restriction)
- ① Members shall make a termination request within the Service themselves if they wish to terminate the service use contract.
- ② Upon termination of the service use contract by a Member, the Company shall delete all personal information and data of such Member other than any information that the Company is legally required to retain by applicable laws or the Berriz Privacy Policy. If the Member fails to take appropriate measures to safekeep the Member’s personal data despite the Company’s post-termination instructions about deletion of data, the Company shall not be liable for such data.
- ③ The Company may take measures such as deleting posts, restricting the use of the Service, canceling the membership and terminating the contract if a Member does not perform any of the obligations under these Terms or the Berriz Service Guidelines or any improper grounds during the sign-up process are found. If the Company takes any of the measures described above against a Member, such Member shall be given an opportunity to explain the conduct in question for at least 10 days.
- ④ Members may contest any of the measures taken by the Company pursuant to Clause 11.3 above in accordance with the procedures set by the Company.
- ⑤ If the Company finds that a Member’s contest pursuant to Clause 11.4 above is valid, the Company shall immediately allow the Member to resume using the Service and take other appropriate measures.
Article 13 (Compensation for Damages) The Company and the Members shall be responsible to each other for any damages caused by their respective fault. In particular, if the Company suffers damages due to a Member’s violation of Article 7 of these Terms or the Berriz Service Guidelines, such Member may be subject to civil and criminal liability resulting from such violation.
Article 14 (Exemptions)
- ① The Company shall be exempt from liability for service failures caused by events of force majeure, such as natural disasters or causes beyond the reasonable control of the Company.
- ② The Company shall be exempt from liability for service interruptions due to causes attributable to Members.
- ③ Absent any intentional acts or gross negligence by the Company, the Company shall have no liability whatsoever with regard to the accuracy and reliability of any information and material created and posted within the Service by Members, and the Company shall be exempt from liability for any damages suffered due to any data acquired through the Service.
- ④ The Company shall have no obligation to get involved in a dispute between Members, or between a Member and a third party, in relation to the Service, and the Company shall be exempt from liability for any damages caused by any such dispute absent any intentional acts or gross negligence by the Company.
Article 15 (Change of Service Provider)
- ① In the event the provider of the Service is changed, the service contracts entered into between the Company and the Members in accordance with these Terms shall be transferred to the new service provider.
- ② In the event the provider of the Service is changed due to a partial or full transfer of business or a merger, transfer of personal data shall be notified to Members in accordance with the Personal Information Protection Act.
- ③ The Company shall instruct Members who do not wish to have their personal data or service use contract transferred on how to retract their consent to the collection and use of their personal data and these Terms.
Article 16 (Governing Law and Jurisdiction)
- ① These Terms are governed by the laws of the Republic of Korea, and the Korean courts shall have jurisdiction.
- ② Jurisdiction for legal disputes between the Company and a Member in Korea shall be determined by the Member’s registered address as of the filing date, and the dispute shall be submitted to the district court with jurisdiction over the Member’s place of residence if there is no registered address for the Member. If there is uncertainty regarding the Member’s registered address or place of residence, jurisdiction shall be determined in accordance with the Civil Procedure Act.
- ③ For Members with registered address or place of residence outside of Korea, any legal dispute between such Members and the Company shall be subject to the jurisdiction of a competent court in accordance with the Korean Civil Procedure Act.
Supplementary Provisions
- (Effective Date) These Terms of Service will take effect on March 4, 2025.
- (Effective Date) These Terms of Service will take effect on March 25, 2025.