Terms of Service

Article 1 — Purpose

These JK Fandom Terms of Service (the "Terms") set forth the fundamental terms and conditions governing the use of the K-POP artist fandom service "JK Fandom" (the "Service") operated by Fan Communications Global Co., Ltd. ("FG"), between FG and its users.

Article 2 — Definitions

The following terms shall have the meanings set forth below when used in these Terms:

• "User" means any person who agrees to these Terms, completes user registration as set forth in Article 4, and uses the Service.
• "Content" means all information, photographs, images, videos, and other materials relating to artists, events, and any other subject matter provided by FG through the Service.
• "Points (pt)" means the points required for use of each feature of the Service, the details of which are set forth in Article 7.

Article 3 — Application of These Terms

These Terms apply to FG and all Users in connection with the use of the Service. By using the Service, Users agree to be bound by these Terms.

If a User downloads the Service from a third-party app store (Apple App Store, Google Play), the terms of service of the applicable store shall apply in addition to these Terms. In the event of any conflict, the terms of the applicable store shall prevail.

Article 4 — User Registration

Users shall complete user registration through the method designated by FG prior to using the Service.

Upon receipt of a user registration application, FG shall conduct a prescribed screening and complete user registration. FG may reject a registration application based on the results of such screening, and FG shall bear no obligation to disclose the reason for any such rejection.

If any registered information changes, Users shall promptly complete the necessary update procedures through the method prescribed by FG. FG shall bear no liability for any disadvantage suffered by a User as a result of failing to complete such update procedures.

Minors who use the Service must do so with the consent of their legal guardian (e.g., a parent with parental authority). Where a minor is using the Service, FG shall deem that such User has obtained consent from their legal guardian. Notwithstanding the foregoing, any person who does not meet the minimum age requirement set forth in Article 11, Paragraph 1, Item (i) may not use the Service.

Article 5 — User's Responsibilities and Costs

Users shall, at their own cost and responsibility, prepare and maintain the communication devices, software, internet and telephone service contracts, and internet service provider subscriptions necessary to use the Service.

In addition to the costs set forth above, Users agree to bear all telephone and other communication costs, internet connection costs, electricity charges, and any other costs necessary to use the Service.

Users shall bear full responsibility for the use and management of the third-party service account credentials (IDs and passwords) required for login. FG shall bear no liability for any damage suffered by a User or any third party as a result of theft, unauthorized use, or other misuse of such credentials.

Article 6 — Service Features and Fees

By using the Service, Users may access features including voting for designated events and running support advertisements (the "Features"). The details of each Feature shall be separately set forth within the Service.

When purchasing paid services or Points, Users shall pay the fees separately designated by FG. Payment for such purchases shall be processed through the payment system of the applicable app store, and Users shall agree to that store's terms of service and complete any required registration.

Article 7 — Points

Users may access the Features by using Points in accordance with conditions separately designated by FG. The types of Points are as follows:

FG may, at any time, modify the conditions for Point use or temporarily suspend or discontinue Point purchases, use, or other Point-related functions.

Due to the nature of digital content, refunds are not available as a general rule. Notwithstanding the foregoing, refunds shall be processed in accordance with the applicable store's policy solely to the extent required by mandatory consumer protection laws of the User's country of residence.

Article 8 — Handling of User Information

FG shall handle the registered names and IDs of third-party services required for login, Service user IDs, passwords, other information required for use of the Service, and information relating to Users' actual usage of the Service, in accordance with the "Privacy Policy (JK Fandom)".

Upon a User's withdrawal from the Service, FG may delete the personal information of the withdrawn User after 90 days have elapsed from the date of withdrawal.

Article 9 — Advertisements

The Service may deliver video advertisements.

Video advertisements are delivered when a User taps the video advertisement play button. After viewing a video advertisement, the User may receive a designated number of free Points as determined by FG.

Users hereby agree in advance to the matters set forth in the preceding paragraphs.

Article 10 — Intellectual Property Rights

All intellectual property rights, including copyrights (including the rights set forth in Articles 27 and 28 of the Copyright Act of Japan), trademark rights, and design rights, as well as ownership and all other rights, in and to the Content on the Service and all other matters relating to the Service, shall vest in FG or the original rights holder.

Article 11 — Prohibited Conduct

Users shall not engage in any of the following acts, or any act that may constitute any of the following, when using the Service:

• Use of the Service by any person under the age of 14 (or the minimum age prescribed by the laws of the User's country of residence).
• Reproducing, editing, or otherwise using any Content or data provided through the Service.
• Threatening, discriminatory, obscene, or defamatory statements or conduct.
• Any act that infringes upon the reputation, credit, or right of publicity of FG, any third party, or any relevant artist or group or their affiliated agency, whether within or outside of the Service.
• Unauthorized access to the Service or any attempt to do so.
• Use of automated tools, emulators, or other technical means to fraudulently manipulate voting results or rankings.
• Transferring, lending, selling, exchanging for fiat currency or other value (including Real Money Trading), changing the holder of, or pledging as collateral, any Service account, login credentials, or Points, whether for consideration or free of charge.
• Using the Service by utilizing a third party's password or other credentials.
• Any act that infringes, or may infringe, upon the copyrights, intellectual property rights, or any other rights of FG or any third party.
• Any act that interferes, or may interfere, with the provision of the Service.
• Any act that violates applicable laws or regulations or public order and morals, or any other act that FG deems inappropriate in connection with use of the Service.

If FG separately communicates notices or requirements for compliance, Users shall not engage in any act prohibited by such notices, or any act that may constitute such a prohibited act.

Article 12 — Response to Misuse

If FG reasonably determines that a User has violated, or is likely to violate, any item of Paragraph 1 of the preceding Article, FG may take any of the following measures against the User without prior notice, except to the extent restricted by mandatory laws of the User's country of residence:

• Invalidation of voting history or exclusion from rankings.
• Forfeiture of some or all Points held by the User (whether paid or free).
• Temporary suspension of access to the Service, or compulsory termination of account pursuant to Article 14, Paragraph 2.

Even if a User suffers damage as a result of the measures set forth above, FG shall bear no liability therefor. FG shall also bear no obligation to disclose the reason for any such measure.

Article 13 — Provision, Suspension, and Discontinuation of the Service

FG may, without prior notice to Users, modify, add to, or discontinue any portion of the Service, or temporarily suspend any portion of the Service, in any of the following circumstances:

• A specific artist disbands, retires, or any other circumstance arises that FG determines makes it difficult or inappropriate to continue offering benefits through the Service.
• Scheduled maintenance of the Service's infrastructure.
• Emergency or unplanned maintenance of the Service's infrastructure that is unavoidable.
• Unavailability of third-party services (including communication services) used by FG to provide the Service.
• Circumstances making provision of the Service difficult due to earthquakes, fires, natural disasters, power outages, or other unforeseen accidents.
• Circumstances making provision of the Service difficult due to war, conflict, civil unrest, riots, political upheaval, labor disputes, or other similar extraordinary events.
• Circumstances arising from the acts of a third party.
• FG's decision to discontinue a portion of the Service.

If FG intends to modify all of the Service's content or discontinue the Service entirely, or to temporarily suspend or discontinue the entire Service (except in cases of emergency infrastructure maintenance or force majeure), FG shall provide advance notice by posting on the Service or through another method FG deems appropriate.

If FG discontinues the entire Service, FG may delete all Points held by Users as of the date of such discontinuation. In such case, except to the extent required by applicable law, FG shall bear no obligation to refund, exchange, or otherwise compensate Users for any deleted Points.

Article 14 — Withdrawal

Users may withdraw from the Service at any time by following the procedures separately designated by FG.

If FG determines that a User falls under Article 11 (Prohibited Conduct) or Article 17 (Exclusion of Antisocial Forces), FG may terminate such User's account.

Upon a User's withdrawal, all Points held by such User shall expire as of the date of withdrawal.

Article 15 — Amendment of These Terms

FG may amend these Terms by providing advance notice (in principle, at least 30 days in advance) through a method FG deems appropriate. Notwithstanding the foregoing, FG may amend these Terms at its discretion without obtaining individual consent from Users in either of the following cases:

• The amendment is in the general interest of Users.
• The amendment is not contrary to the purpose of the agreement, and is reasonable in light of the necessity of the amendment, the appropriateness of the amended content, and other circumstances related to the amendment.

If a User uses the Service after the effective date of the amended Terms, such User shall be deemed to have agreed to such amendment.

Article 16 — Confidentiality

Users shall treat as confidential any and all information that FG discloses to Users with an express indication that such information is confidential.

Article 17 — Exclusion of Antisocial Forces

Users represent and warrant to FG that, as of the present time and in the future, none of the following apply to the User:

• The User is not an antisocial force (meaning organized crime groups (boryokudan), organized crime group members, quasi-members, organized crime group-affiliated companies, corporate racketeers (sokaiya), groups engaging in criminal activities under the guise of social movements, special intellectual crime groups, and any equivalent groups or individuals) or a Sanctioned Party (meaning any individual or entity designated on sanctions lists maintained by the United Nations, the United States (OFAC), the European Union, Japan, or any other applicable authority), and has not ceased to be an antisocial force within the past five years.
• The User does not have a relationship in which antisocial forces are improperly utilized for the purpose of seeking improper gain or causing damage to a third party.
• The User has not provided funds or other benefits to antisocial forces, regardless of the name or form, nor engaged in transactions with any party knowing them to be an antisocial force.
• The User does not have any other socially condemnable relationship with antisocial forces.
• The User will not engage in any of the following: violent demands, demands exceeding legal liability, threatening statements or conduct, violence, spreading false rumors, fraudulent or coercive acts that damage the reputation of or interfere with the Service.

If any of the matters set forth above are found to apply to a User, such User shall immediately lose the right to use the Service.

Article 18 — Disclaimer

FG shall bear no liability whatsoever with respect to the following matters:

• Any response, resolution, or indemnification in connection with disputes or conflicts arising between Users or between a User and a third party.
• Any interruption or termination of the Service or any Feature without prior notice.

Article 19 — Damages

Except in cases of FG's willful misconduct or gross negligence, FG shall not be liable for any lost profits, indirect damages, special damages, consequential damages, attorney's fees, or other such costs incurred by Users. Notwithstanding the foregoing, if the mandatory laws of a User's country of residence provide otherwise, FG's liability shall be limited to the extent permitted by such laws.

Notwithstanding the preceding paragraph, even if FG is found liable for any reason, FG's aggregate liability to a User shall not exceed the total amount actually paid by such User to FG as consideration for the Service in connection with the event directly causing the damage.

Article 20 — Notices

Notices from FG to Users shall be deemed to have reached the User upon posting within the Service or upon transmission to the User's registered contact information.

FG shall bear no liability for any damage arising from a User's failure to view a notice or from a notice failing to reach the User due to the User's settings or other reasons.

Article 21 — Language, Governing Law, and Jurisdiction

The Japanese language version of these Terms shall be the authoritative text. In the event of any discrepancy between any translation and the Japanese version, the Japanese version shall prevail.

These Terms shall be governed by and construed in accordance with the laws of Japan.

Any and all disputes between Users residing in Japan and FG arising in connection with the Service shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court as the court of first instance, depending on the amount in dispute.

Any and all disputes between Users residing outside Japan and FG arising in connection with the Service shall be finally resolved by arbitration in Tokyo in accordance with the arbitration rules of the Japan Commercial Arbitration Association (JCAA). Arbitration proceedings shall be conducted in Japanese, and the arbitral award shall be final and binding on both parties.

All dispute resolution proceedings conducted pursuant to these Terms (including litigation and arbitration) shall be conducted on an individual basis, and shall not be conducted as any class action, class arbitration, or representative action. By agreeing to these Terms, Users expressly waive the right to participate as a plaintiff or class member in any class action.

The provisions of the preceding paragraphs shall not limit any mandatory legal rights to which Users are entitled under the consumer protection laws of their country of residence, including the right to bring a claim before local courts.

Article 22 — Entire Agreement and Severability

These Terms constitute the entire agreement between FG and Users with respect to the use of the Service, and supersede all prior oral or written agreements, representations, promises, and negotiations made prior to the execution of these Terms.

If any provision of these Terms is held to be invalid or unenforceable by a court or arbitral body of competent jurisdiction, the remaining provisions of these Terms shall continue in full force and effect.